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2013 02 19 CCCity Council agendas and staff reports are now available on the City's web page: www.la-quinta. org CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 78-495 Calle Tampico, La Quinta REGULAR MEETING on TUESDAY, FEBRUARY 19, 2013 3:00 P.M. CLOSED SESSION I 4:00 P.M. OPEN SESSION Beginning Resolution No. 2013-008 Ordinance No. 508 CALL TO ORDER ROLL CALL: Councilmembers: Evans, Franklin, Henderson, Osborne, Mayor Adolph PUBLIC COMMENT At this time, members of the, public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. 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). CLOSED SESSION NOTE: Time permitting the City Council may conduct Closed Session discussions during the dinner recess. Persons identified as negotiating parties are not invited into the Closed Session meeting when acquisition of real property is considered. 1. CONFERENCE WITH CITY ATTORNEY, ANTICIPATED LITIGATION, INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) — 4 MATTERS RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. CITY COUNCIL AGENDA February 19, 2013 PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. 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)• CONFIRMATION OF AGENDA PRESENTATIONS — NONE 1. PRESENTATION BY THE JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY WRITTEN COMMUNICATIONS — NONE APPROVAL OF MINUTES 1 . MINUTES OF JANUARY 22, 2013 2. MINUTES OF FEBRUARY 5, 2013 CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. REVENUE AND EXPENDITURE REPORT DATED DECEMBER 31, 2012 2. TREASURER'S REPORT DATED DECEMBER 31, 2012 3. DEMAND REGISTER DATED FEBRUARY 19, 2013 4. STATE FUNDING IN THE AMOUNT OF $100,000 FROM THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND 5. SECOND READING AND ADOPTION OF ORDINANCE 507 ADDING CHAPTER 3.33 OF THE LA QUINTA MUNICIPAL CODE PERTAINING TO THE COLLECTION OF TRANSPORTATION UNIFORM MITIGATION FEES 6. RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE OFFSITE AND ONSITE IMPROVEMENTS FOR TRACT MAP 31910, CAPISTRANO, LA QUINTA 57 ESTATES, INC. 7. RECIPIENT FOR THE 2013 SENIOR INSPIRATION AWARD PROGRAM CITY COUNCIL AGENDA 2 February 19, 2013 002 8. PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES TO PREPARE THE PLANS, SPECIFICATIONS AND ESTIMATES FOR THE ADAMS STREET SIGNAL AND STREET IMPROVEMENTS, PROJECT NO. 2012-01 9. OVERNIGHT TRAVEL FOR THE COMMUNITY SERVICES RECREATION SUPERVISOR TO ATTEND THE CALIFORNIA PARKS AND RECREATION SOCIETY CONFERENCE IN SAN JOSE, CALIFORNIA FROM MARCH 5-8, 2013 BUSINESS SESSION 1. MID -YEAR BUDGET REVIEW 2. ART PURCHASE AGREEMANT BETWEEN LA QUINTA INVESTORS, MARK LUNDEEN, AND THE CITY OF LA QUINTA FOR A BRONZE SCULPTURE 3. LEGAL OPTION RELATING TO OPERATIONS AT CALIFORNIA BIO-MASS, INC. INCLUDING INITIATION OF LITIGATION AND PURSUIT OF ADMINISTRATIVE ACTIONS, AND THE APPROPRIATION OF $50,000 FROM GENERAL FUND RESERVES 4. REQUEST FOR PROPOSALS TO OBTAIN CITY PROGRAM AND STAFF DEVELOPMENT SERVICES STUDY SESSION 1. PROPOSED USER AND REGULATORY FEES BASED ON THE 2013 COST OF SERVICES STUDY REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (FRANKLIN) 2. CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (FRANKLIN) 3. CITY COUNCIL AD HOC COMMITTEE REPORTS 4. CHAMBER OF COMMERCE INFO EXCHANGE COMMITTEE (EVANS) 5. CVAG CONSERVATION COMMISSION (EVANS) 6. CVAG ENERGY & ENVIRONMENTAL RESOURCES COMMITTEE (EVANS) 7. CVAG EXECUTIVE COMMITTEE (ADOLPH) 8. CVAG PUBLIC SAFETY COMMITTEE (HENDERSON) 9. CVAG TRAILS MANAGEMENT SUBCOMMITTEE (SMITH) 10. CVAG TRANSPORTATION COMMITTEE (HENDERSON) 11. CVAG VALLEY -WIDE HOMELESSNESS COMMITTEE (OSBORNE) 12. COACHELLA VALLEY ECONOMIC PARTNERSHIP (FRANKLIN) 13. COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT (Cox) CITY COUNCIL AGENDA 3 February 19, 2013 003 14. COACHELLA VALLEY MOUNTAINS CONSERVANCY (FRANKLIN) 15, COACHELLA VALLEY WATER DISTRICT JOINT POLICY COMMITTEE (ADOLPH) 16. GREATER PALM SPRINGS CONVENTION & VISITORS BUREAU (EVANS) 17. IID ENERGY CONSUMERS' ADVISORY COMMITTEE (OSBORNE & BLUM) 18. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (FRANKLIN) 19. LEAGUE OF CALIFORNIA CITIES DELEGATE (HENDERSON) 20. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (TEAL) 21. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 22. SO. CALIFORNIA ASSOCIATION OF GOVERNMENTS DELEGATE (ADOLPH) 23. SUNLINE TRANSIT AGENCY (ADOLPH) 24. COMMUNITY SERVICES COMMISSION MINUTES OF JANUARY 14, 2013 25. HISTORIC PRESERVATION COMMISSION MINUTES OF NOVEMBER 15, 2012 DEPARTMENT REPORTS 1 . CITY MANAGER A. OVERSIGHT BOARD UPDATE - VERBAL REPORT 2. CITY ATTORNEY 3. CITY CLERK - UPCOMING EVENTS AND CITY COUNCIL CALENDAR 4. COMMUNITY DEVELOPMENT DEPARTMENT A. REPORT FOR JANUARY 2013 B. HOUSING ELEMENT UPDATE CONTRACT C. INDIO POLO FIELDS GOLDENVOICE CONCERTS STATUS REPORT 5. COMMUNITY SERVICES DEPARTMENT REPORT - JANUARY 2013 6. PUBLIC WORKS DEPARTMENT REPORT - JANUARY 2013 MAYOR'S AND COUNCIL MEMBER'S ITEMS RECESS TO THE MEETING OF THE CITY AS SUCCESSOR AGENCY TO THE DISSOLVED LA QUINTA REDEVELOPMENT AGENCY, FOLLOWED BY THE LA QUINTA FINANCING AUTHORITY AND THE LA QUINTA HOUSING AUTHORITY MEETINGS RECONVENE AT 7:00 P.M. PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. 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). CITY COUNCIL AGENDA 4 February 19, 2013 0 $_.'.' PRESENTATIONS — NONE PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "Request to Speak" form must be filed with the City Clerk prior to consideration of that item. A person may submit written comments to City Council before a public hearing or appear in support or opposition to the approval of a project(s). If you challenge a project(s) in court, you may 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. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS TO APPROVE THE CERTIFICATION OF AN ENVIRONMENTAL IMPACT REPORT, THE GREENHOUSE GAS INVENTORY AND REDUCTION PLAN, AND THE 2035 LA QUINTA GENERAL PLAN ADJOURNMENT The next regular meeting of the City Council will be held on March 5, 2013, commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. at the City Hall Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. 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 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 1 1 1, and the La Quinta Cove Post Office at 51-321 Avenida Bermudas, on February 15, 2013. DATED: February 14, 2013 swwti SUSAN MAYSELS, ity Clerk City of La Quinta, California CITY COUNCIL AGENDA 5 February 19, 2013 005 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 777-7123, 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 777-71 23. A one (1) week notice is required. • If background material is to be presented to the Planning Commission 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 Planning Department's counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. CITY COUNCIL AGENDA 6 February 19, .2013 006 a `N OF"IKC AGENDA CATEGORY: CITY/SA/HA/FA MEETING DATE: February 19, 2013 BUSINESS SESSION: ITEM TITLE: Receive and File Revenues and CONSENT CALENDAR: Expenditures Report dated December 31, 2012 STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Receive and File. EXECUTIVE SUMMARY: Monthly and year-to-date revenues and expenditures of the City of La Quinta dated December 31, 2012. FISCAL IMPACT: None. BACKGROUND/ANALYSIS: Receive and File Transmittal of the December 31, 2012 Statements of Revenues and Expenditures for the City of La Quinta. ALTERNATIVES: None. Respectfully submitted: Robbd, Finance Robbey a Bird, Finance Director Attachment: 1. Revenues and Expenditures Report for December 31, 2012 ATTACHMENT 1 CITY OF LA QUINTA REVENUES -ALL FUNDS 07/01/2012 - 12/31/2012 FUNDS ADJUSTED BUDGET RECEIVED REMAINING BUDGET % RECEIVED General $33,156,521,00 $8,002,917.36 $25,153.603,64 24.10% Library 2,049,957.00 2,522.76 2,047,434,24 0,10% Gas Tax Revenue 994,900.00 303,571.65 691,328.35 30.50% Federal Assistance 300,350.00 0,00 300,350.00 0.00% JAG Grant 12,034.00 8,723A4 3,310.86 72,50% Slesf (Cops) Revenue 0.00 48,94 (48.94) 0.00% Indian Gaming 105,844.00 0.00 105,844.00 0.00% Lighting 8 Landscaping 960,000.00 22,774.13 937,225.87 2.40% RCTC 0,00 0.00 0.00 0.00% Development Funding 0.00 0.00 0,00 0.00% Crime Violent Task Force 230,347.00 22.399.92 207,947,08 9,70% Asset Forfeiture 0,00 18.02 (18.02) 0.00% AB 939 4,300.00 1,787.70 2,512.30 41.60% Quimby 20,000.00 16,561.46 3,438.54 82.80% Infrastructure 100,00 435,08 (335.08) 435,10% Proposition lB 287,307.00 105,27 287,201,73 0.00% South Coast Air Quality 417,100.00 23,320.59 393,779AI 5.60% CMAQ/ISTEA 0.00 0.00 0.00 0.00% Transportation 523,300.00 225,832.58 297,467.42 43,20% Parks & Recreation 89,200.00 43,488.00 45,712.00 48,80 % Civic Center 127,600.00 43,027.33 84,572.67 33.70% Library Development 35,500.00 9,875.00 25,625.00 27.80% Community Center 13,400,00 5,146.63 8,253.37 38,40% Street Facility 20,000.00 10,685.45 9,314.55 53.40% Park Facility 2,200.00 1,218.94 981.06 55.40% Fire Protection Facility 29,800.00 20,451.20 9,348.80 68,60% Arts In Public Places 99,800.00 45,525.39 54,274.61 45.60% I nterest Allocation 0.00 0.00 0.00 0.00% Capital Improvement 102,569,789.00 28,018,761,83 74,551,027.17 27.30% Equipment Replacement 592,124.00 296,747.14 295.376.86 50A0% Information Technology 495,781.00 248,027.95 247,753.05 50.00% Park Equipment & Facility 512,223.00 252,925.97 259,297.03 49 40 % SilverRock Golf 4,042,917.00 1,167,777.98 2,875,139.02 28.90% SilverRock Golf Reserve 69,215.00 870.66 68,344.34 1.30% La Quinta Public Safety Officer 2,100.00 2,058.19 41.81 98.00% Supplemental Pension Savings Plan 900,00 349.99 550.01 38.90% Measure "A" 412,500.00 0.00 412,500.00 0,00% La Quinta Financing Authority 678,130.00 578,086.25 100,043.75 85.20 % Successor Agency 1,063,271.00 54,64T14 1,008,623.86 5,10% Successor Agency to RDA Project Area No. 1 16,526,862.00 23,346.18 16,503,515.82 0.10% Successor Agency to RDA Project Area No. 2 3,627,301.00 12,433.93 3,614,867, 07 0.30 % La Quinta Housing Authority 19,369,954.00 18,518,446.67 851,507.33 95.60% Total $189,442,627.00 $57984,916.42 $131,457710.58 30.60% 008 CITY OF LA OUINTA EXPENDITURES - ALL FUNDS FUNDS ADJUSTED BUDGET 0]N1R012.12/31@04 EXPENDITURES ENCUMBERED REMAINING BUDGET PERCENT General $35,764,841.00 $11,839,434.70 $16560. 00 $23,908, 44550 33.1% Library 1,917,871.00 985,34800 0.00 932.52900 51.4% Gas Tax 9g4,90o.00 497,448.00 0.00 497.452,00 500% Federal Assistance 274.985,00 10,460.14 0.00 264,524.86 3.8% JAG Grant 12,03300 8,723,14 000 3,30986 72.5% Start (C.P )Revenue 0.00 0.00 0.00 0.00 0.0% Indian Gaming 118308.00 0.00 0,00 118,308.00 0.0% Lighting B Landscaping 960,000.00 480,00000 0.00 480,000.00 50.0% ROTC 000 000 000 000 0,I1% Development Agreement 0,00 0.00 000 000 0.0% CV Violent Crime Task Force 6849000 26,463.56 0.00 42,026.44 386% AS 939 307,999.00 42,641.00 2.000,00 263,35800 13.8% Quimby 9,198.03200 2,98425 0.00 9,195,047.75 00 % Infrastructure 242,074.00 196,554.32 0.00 45,51968 81.2% Preposition 1B 287.307,00 287.307.00 0.00 0.00 100.0% South Coast Air Quality 415.700.00 7,030.82 000 408.669.18 t]% CMAC 0.00 coo 0.00 0.00 0.0% Tansponation 2,766,145.00 1,622.405.02 0.00 1.143,73998 587% Parks B Recreation 6,000.00 2,47372 000 3,526.28 41.2% Civic Center 236,939.00 117,089,83 0,00 119849.17 49.4% Library Development 940000 4,14322 0,00 52581E 44.1% Community Center 0.00 000 0.00 0.00 o.0% Street Facility 10,000,00 4,500.12 0.00 5,49988 45.0% Park Facility 2,200.00 1,21901 0.00 980A9 554% Fre Protection 4,700.00 2,024.41 0.00 2.675.59 43.1 % Arts In Public Places 536,200.00 31,591.45 0.00 504.60055 5.9% Interest Allocation 0.00 33,142,86 0.00 (33.14288) 0.0% Capital improvement 102,569,789.00 28.010.761.83 000 74,561,027.17 27.3% Equipment Replacement 582.217,00 93.436.09 000 488,780,91 16.0% Information Technology 547.84900 188,584,32 o.00 359,2U68 344% Park Maintenance Facility 552,523.00 000 000 552,523.00 0.0% SilverRock Golf 3,888,03800 1,603,079.83 0.00 2,i)84,958.17 464% SilverRock Reserve 0.00 000 0.00 0.00 0.0% Li] Public Safety Officer 2,000.00 0.00 0.00 2,00000 0.0% Supplemental Pension Savings Plan 12,83300 1283286 0.00 0.14 100.0% Measure"A" 412,500.00 205,250.00 0.00 20625000 50.0% La Quetta Financing Authority 678,130 00 581,587.25 0,00 96,542.75 85.8% Le Quints Housing Authority, 26,181,020.00 25,129,55628 0.00 45146372 98.3% Successor Agency 6,317.655.00 358,302.50 0,00 5,959,352.50 57% Successor Agency to Project Area No. 1 55,93],2880i) 15.06399273 000 40,873,295,27 26.9% Successor Agency to Project Area No, 2 23,198,866.00 16.365,323.19 000 6.833,54281 70.56 Tonal $275014838.00 $104624691,47 $18,560.80 $17037158573 380% ..fa.. 009 GENERAL FUND REVENUES DETAIL 07101/2012. 12/31/2012 TAXES: Property Tax No Low Property Tax Distribution Non -RDA Property tax Statutory Tax - LO Statutory Tax - Riverside Cnty Sales Tax Sales Tax Reimbursement Document Transfer Tax Transient Occupancy Tax Transient Occupancy Tax - Mitigation Measures Franchise Tax TOTAL TAXES LICENSE 8 PERMITS: Business License Animal License Building Permits Plumbing Permits Mechanical Permits Electrical Permits Garage Sale Permits Misc, Permits TOTAL LICENSES & PERMITS FEES: Sale of Maps & Publications Community Services Fees Finance Bldg & Safety Fees Bldg & Safety Lease Revenue SMIP Administration Fees Planning Fees Public Works Fees TOTALFEES INTERGOVERNMENTAL Motor Vehicle In -Lieu Motor Vehicle Code Fines Parking Violations Misc. Fines Federal GOA Grants County of Riverside Grant State of California Grant Fire Services Credit - Capital (10150003375010) Fire Services Credit -Oper (10150003375000) CVWD CSA152 Assessment TOTAL INTERGOVERNMENTAL INTEREST MISCELLANEOUS Miscellaneous Revenue AB939 Mitigation Measures Rental income Advertising Coop Cash Over/(Short) TOTAL MISCELLANEOUS TRANSFERIN TOTAL GENERAL FUND ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED 1,764,800.00 620,311.75 1,144,488,25 35.150% 3,922,500,00 1,437,22fi.93 2,485,273.07 36.640% 366,000.00 145,606,65 220,393,35 39.780% 190,000,00 0,00 190,000,00 0.000% 80,000.00 0.00 80,000.00 0.000% 5,987,250.00 1,763,504A5 4,223,745.55 29.450% 1,995,750.00 0.00 1,995,750.00 0.000% 441.500,00 181,201.97 260.298,03 41.040% 4,800,000.00 1.020,359.50 3,779.640.50 21.260% 251,000.00 (89.859.35) 340,859.35 -35.800% 1,457,730,00 332,171.79 11125558.21 22.790% 21,25fi,530.00 5,410,523.69 10,646,006,31 2bAb0% 298,400.00 141.097.90 157,302.10 47.280% 32,300.00 11,148,00 21,152,00 34,510% 188,300.00 105,515.25 82,784.75 56.040% 24,400.00 14,899.50 9,500,50 61.060% 24,800.00 15,912.50 8,887.50 64A60% 25,200.00 14,953,68 10,246,32 59.340% 16,100.00 7,680.00 8,420.00 47.700% 39,900.00 22,016,40 17 88360 55 180% 649,400.00 333.223.23 316,176.77 11.310% 1,885.00 184.75 1,700.25 9.800% 466,894,00 278,358.72 188,535.28 59.620% 7,800.00 180.00 7,620.00 2.310% 312,588.00 101.998.67 210,589.33 32,630% 73,100.00 38,257.08 34,842,92 52.340% 250.00 71.00 179,00 28.400% 89,522,00 30,405.40 59,116,60 33.960% 320,955.00 128360.00 192,595.00 39,990% 1,272,994,00 577,815.62 695,178.3 445.390% 3,315,000,00 22,771,13 3,292,228,87 0.690% 112,900.00 24,277.44 88,622.56 21,500% 42,900,00 13,964.66 28,935,34 32.550% 152,900.00 37,151.57 115,748,43 24.300% 12,900.00 17,593.00 (4,693.00) 136.380% 0.00 0.00 0.00 0,000% 67.042.00 2,070A6 64,971.84 3.090% 0.00 0.00 0.00 0.000% 5,248,914.00 1,076,565.99 4,172,348. 01 20.510% 16,800.00 0.00 16,800.00 0.000% 253 000.00 258 859,116 (5,859.16) 102 320 9,222,356.00 1,453,253. 11 7,769,102,89 15.760% 444,900.00 173,314,36 271.585.64 38,960% 16,400.00 (14,811.52) 31,211.52 -90.310% 92,400,00 24,067,55 68,332A5 26,050% 0.00 0.00 0.00 0.000% 25,000.00 0.00 25,000.00 0,000% 25,000.00 3,650.00 21.350,00 14.600% 0.00 1530 (1530) 0000% 158,800.00 12,921.33 145,878,67 8,140% 151,541.00 41,866.02 10967498 27630% 33,156,521.00 8,002,917,36 2515360364 24140% a 010 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL 07/01/2012 - 12/31/2012 ADJUSTED REMAINING % LIBRARY: BUDGET RECEIVED BUDGET RECEIVED County of Riverside Contributions 2,043,357.00 0.00 2,043,357,00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL LIBRARY 61600.00 252276 4,077.24 38.220% 2,049,957.00 2.522.76 2,047,434.24 0,120% GAS TAX REVENUE: Section 2105 Section 210 205,200.00 66,715,08 138,484.92 Section 2107 128,600.00 46,749.02 81,850.98 36,350% Section 2107.5 273,100.00 111,311.63 161,788.37 40,760% 6,000.00 0.00 6,000,00 Traffic Traffic Congestion Relief Congestion 381,800.00 78,785.49 303,014,51 0,64 2.000 Interest 0.00 0.00 0.00 0.000% TOTAL GAS TAX 200.00 10 43 189,57 5 220% 994,900.00 303,57165 691,328.35 30510% FEDERAL ASSISTANCE REVENUE: CDBG Grant FStimulus 300,350.00 0,00 300,350.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL FEDERAL ASSISTANCE 0.00 0.00 0.00 0.000% 300,350.00 0,00 300.350.00 0 000% JAG GRANT Grant Revenue 12,034.00 8,723,14 3,310.86 72.490% Interest TOTAL JAG GRANT 0.00 0.00 0 00 0 000 % 12,034.00 8,723.14 3 370 86 72 490 SLESF(COPS)REVENUE: SLESF (Cops) Funding 0.00 0.00 0.00 Interest 0.000% TOTAL SLESF (COPS) 0.00 48 94 (48 94) 0 000% 0.00 48.94 (48.94) 0 000% INDIAN GAMING Grant revenue 105,844.00 0.00 105,844,00 0.000% Interest TOTAL INDIAN GAMING 0.00 0.00 0 00 0 000% 105,844.00 0.00 10584400 0000% LIGHTING & LANDSCAPING REVENUE: Assessment Developer 960,000.00 22,774,13 937,225,87 2.370% Interest 0.00 0.00 0.00 0.0013 TOTAL LIGHTING & LANDSCAPING 0,00 960,000.00 0.00 22,774.13 0,00 937,225 87 0,000% 2 370% RCTC RCTC Funding 0.00 0.00 0.00 0,000% Transfer in TOTAL RCTC 0,00 0.00 000 0000% 0.00 0.00 0 00 0.000% DEVELOPMENT AGREEMENT FUND Mitigation Measures 0.00 0.00 0.00 0,000% Interest Transfer in 0.00 0.00 0.00 0.000% TOTAL DEV AGREEMENT 0.00 0.00 0.00 0.00 0.000% 0,00 000 0000% O11 07/01/2012-12131/2012 CITY OF LA QUINTA ADJUSTED REMAINING % ALL OTHER FUNDS REVENUE DETAIL BUDGET RECEIVED BUDGET RECEIVED CRIME VIOLENT TASK FORCE Member Contributions - Carryover 29,952.00 17,968.00 11,984.00 59,990% Grant revenue -JABG 198,595.00 4,158,87 194,436.13 2,090% CLET Line 1,700.00 0.00 1,700.00 0.000% Interest _ 10000 27305 (17305) 273050% TOTAL CRIME VIOLENT TASK FORCE 230,347.00 22,399.92 207,947.08 9 720% ASSET FORFEITURE Interest 0.00 18,02 (18,02) 0,000% State Adjudicated 0.00 0.00 &00 0.000% Federal Adjudicated 0.00 0.00 0.00 0.000% TOTAL ASSET FORFEITURE 0.00 18.02 (18.02) 0 000 AS 939 REVENUE: AB 939 Fees 0.00 0,00 0,00 0.000% Interest 4,300.00 1,787.70 2,512.30 41.570% Transfer In 0.00 0.00 000 0000% TOTAL AB 939 4,300.00 1,187.70 2,512.30 47570% QUIMBY REVENUE: Quimby Fees 0,00 0.00 0,00 0.000% Donations 0,00 0.00 0.00 0,000% Interest 20,000.00 16 561.46 3,43854 82 810% TOTAL QUIMBY 20,000.00 16,561.46 3,438.54 82.810% INFRASTRUCTURE REVENUE: Utility refund 0.00 0.00 0.00 0.000% Interest 100.00 435,08 (335.08) 435.080% Transfer in 0.00 0.00 0.00 0.000% TOTAL INFRASTRUCTURE 10&00 435.08 (335,08) 435.080% PROPOSITION 18 - SB1266 Prop 1B Grant 287,307.00 0,00 287,307.00 0.000% Interest 0.00 105.27 ('0527) 000D% TOTAL PROPOSITION 1 B 287,307.00 105.27 287,201.73 0.040% SOUTH COAST AIR QUALITY REVENUE: S.C.A.Q. Contribution 41,200.00 23,147.67 18,052.33 56.180% MSRC Funding 375,500.00 0.00 375,500.00 0.000% Street Sweeping Grant 0.00 0.00 0.00 0.000% Interest 400.00 172.92 227.08 43.230% TOTAL SCAQ 417,100.00 23,320.59 393,779.41 5.590% CMAQ/ISTEA State Grants 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0,00 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL TRANSPORTATION 0,00 0.00 0.00 0,000% TRANSPORTATION Developer fees 441,500.00 221,090.57 220,409A3 50.080% Interest 1.800.00 4,742.01 (2,94201) 263.450% Donations 80,000.00 0.00 80,000.00 0.000% Transferin 0,00 0.00 0,00 0,000% TOTAL TRANSPORTATION 523,300,00 225,832.58 297,467.42 43,160% PARKS & RECREATION Developer fees 89,200,00 43,488.00 45,712.00 48.750% Interest 0.00 0.00 0.00 0.000% Transfer in 0.00 0.00 0,00 0.000% TOTAL PARKS & RECREATION 89,200.00 43,488.00 45,712.00 48.750 % 07/01/2012 - 12/31/2012 CITY OF LA OUINTA ADJUSTED REMAINING % ALL OTHER FUNDS REVENUE DETAIL BUDGET RECEIVED BUDGET RECEIVED CIVIC CENTER Developer fees 127,600.00 43,027.33 84,572.67 33.720% Interest 0.00 0.00 0.00 0.000% Transferin 0.00 0.00 0.00 0,000% TOTAL CIVIC CENTER 127,600.00 43,027.33 84,572.67 33.720% LIBRARY DEVELOPMENT Developer fees 35,500.00 9,875.00 25,625.00 27.820% Interest 0,00 0.00 0,00 0.000% Transfer in 0,00 0.00 0,00 0,000% TOTAL LIBRARY DEVELOPMENT 35,500.00 9,875.00 25,625,00 27,820% COMMUNITY CENTER Developer fees 7,400,00 4,581.60 2,818.40 61,910% Interest 6,000.00 565.03 5,434.97 9.420% TOTAL COMMUNITY CENTER 13,400.00 5,146.63 8,253.37 38.410% STREET FACILITY Developer fees 17,800,00 9,466.44 8,333.56 53.180% Interest 0.00 0.00 0,00 0.000% Transfer In 2,200.00 1219.01 980,99 55,410% TOTAL STREET FACILITY 20,000.00 10,685.45 9,314.55 53.430% PARK FACILITY Developer fees 2,200.00 1,218.00 982.00 55.360% Interest 0.00 0.94 (0.94) 0.000% TOTAL PARK FACILITY 2,200.00 1,218.94 981.06 55,410% FIRE PROTECTION FACILITY Developer fees 29,800.00 20,451.20 9,348.80 68.630% Interest 0.00 0.00 0.00 0.000% TOTAL FIRE PROTECTION FACILITY 29,800,00 20.451.20 9,348.80 68.630% ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places 97,500.00 29,746.82 67.753.18 30.510% Ads in Public Places Credits Applied 0.00 0.00 0.00 0.000% Insurance Recoveries 0.00 0.00 0.00 0,000% Donations 0.00 14,000.00 (14,000.00) 0.000% Interest 2,300.00 1,778.57 521,43 77.330% TOTAL ARTS IN PUBLIC PLACES 99,800.00 45,525.39 54,274.61 45.620% INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest 0,00 0.00 0.00 0.000% Transfer In 0.00 0.00 0.00 0.000% TOTAL INTEREST ALLOCATION 0,00 0.00 0.00 0,000% CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED CAPITAL IMPROVEMENT FUND: CVAG CVWD 2.801,665.00 0.00 2,801,665.00 0.000% County of Riverside 0.00 0.00 0.00 0.000% Surface Transportation Funding 0.00 0,00 0,000%ace City of Indio 17,913,052.00 138,754.27 17,774,297,73 0,770% LQAF 0.00 0.00 0.00 0.000 IID 54,000,00 54,000.00 0.00 100.000% RCTC 000 0,00 0.000% Vista Dunes Housing LLP 0,00 00 0.00 0,00 0,000% Bicycle Path Grant 0.00 0,00 0.00 0.000% State o State of California 0.00 0.00 0.00 0.000% APP Contribution 0,00 0.00 0.00 0.000% Developer Agreement Funding 0.00 0.00 0.00 0.000%787,444,00 Litigation Settlements 84,891.41 702,552.59 10.780% Transfers in Frromom Other Funds 0.00 0.00 0.00 0.000% TOTAL CIP REVENUE 81,013,628.00 27 741,116.15 53,272 511.85 34 240% 102,569,789.00 28,018,76183 74,551027.17 145790% EQUIPMENT REPLACEMENT FUND: Equipment Charges Capital Contribution 584,824.00 292,411.62 292,412,38 50.000% Sale of Fixed Asset 0.00 0.00 0.00 0.000% Insurance Recoveries 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0,00 0.000% Transfers In 7,300.00 4,335.52 2,964.48 59.390% TOTAL EQUIPMENT REPLACEMENT 0.00 0.00 000 0.000% 592,124.00 296,747.14 295,376.86 50.120% INFORMATION TECHNOLOGY FUND: Charges for services Capital Contribution 491,581.00 245,790.00 245,791.00 50.000% Sale of Fixed Asset 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0,00 0.000% Transfers In 4,200.00 2,237.95 1,962,05 53,280% TOTAL INFORMATION TECHNOLOGY 0.00 495,781.00 0 00 248,027.95 (LOG 247,753,05 0.000% 50 030% PARK EQUIPMENT & FACILITY Charges for services 502,523.00 251,261.52 251,261.48 50.000% Interest Capital Contributions 9.700.00 1.664.45 8,035.55 17,160% TOTAL PARK EQUIPMENT 8 FAC 0,00 512,223.00 0.00 252,925,97 000 259,297.03 0 000% 49 380% SILVERROCK GOLF Green fees 3,350,773.00 906,073.24 2,444.699,76 27.040% Range fees 159,973.00 30,475.00 129.498.00 19,050% Resident Card 120,000.00 29,310.00 90,690,00 24,430% Merchandise 311.048.00 101.120.17 209,927.83 32.510% Food & Beverage 12,000.00 0.32 11,999,68 0.000% Allocated Interest Income 0.00 0.00 0,00 0,000% Insurance Recoveries 89,123,00 100,799.25 (11,676.25) 113.100% Transfers In I TOTAL SILVERROCK GOLF 0.00 0.00 0 00 0 000 4,042,91L00 1,167,777.98 2,875,13902 28880% SILVERROCK GOLF RESERVE Interest Transfers In 2,200.00 870,66 1,329.34 39.580% TOTAL SILVERROCK GOLF 67,015.00 69,215.00 0.00 870.66 6701500 0000% 68,34434 1260% LQ PUBLIC SAFETY OFFICER FUND Transfer In 2,000.00 2,000.00 0.00 100.000% Interest TOTAL LQ PUBLIC SAFETY 100.00 58.19 4181 58190% 2,100.00 2,058,19 41,81 98010% SUPPLEMENTAL PENSION SAVINGS PLAN - Conlributions 0.00 0.00 0.00 0.000% Interest 900.00 349.99 55001 38890% TOTAL SUPPLE PENSION SAVINGS PLAN 900.00 341L99 550.01 38 890% MEASURE "A" Measure A Sales Tax 412,500.00 0.00 412,500,00 0.000% Interest 0.00 0,00 0.00 0.000% TOTAL MEASURE"A" 412,500.00 0.00 412,500.00 0000% ,�..; 014 CITY OF LA OUINTA GENERAL FUND EXPENDITURE SUMMARY BY DEPARTMENT 0710MO12-12131Y2012 ADJUSTED IV31112 REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET PERCENTAGE GENERAL GOVERNMENT: LEGISLATIVE CITY MANAGERS OFFICE 745.759.00 347,928.06 0.00 397,830.94 46.65% DEVELOPMENT SERVICES 576,536.00 1,149,56500 240,866.58 0.00 335,669.42 41 ]8% MANAGEMENT SERVICES 1,195,552,00 564,81061 63204661 0.00 584,750.39 49.13% TOTAL GENERAL GOVERNMENT 3,6W,412.00 1705,655,66 000 0.00 56350539 5287% 1,881]56.14 4869% CITY CLERK 591,03200 17985765 000 41117435 3043% TOTAL CITY CLERK 591,032.00 179,857.65 0.00 4t 1, 17435 3043% COMMUNITY SERVICES PARKS S RECREATION ADMINISTRATI 1,061,162.00 490,960.92 0,00 571,101.08 46.18% SENIOR CENTER 414,564.00 172.759.71 0.00 241,804.29 41,67% PARKS 8 RECREATION PROGRAMS 197,73400 81,271A2 0.00 116,462S8 41.10% LIBRARY PARK MAINTENANCE 1426,558.00 250,64384 0.00 1,175,914.16 17.57% MUSEUM 1,587,298.00 667,66661 000 919.631.39 42.06% TOTAL COMMUNITY SERVICES 270,040.00 4,95],356.00 14830683 1,810,]09.03 000 0.00 121 733 17 5492% 3,146,64697 3653% FINANCE: FISCAL SERVICES 08,281.00 510,00323 0.00 458,2]].77 5267% CENTRAL SERVICES 308,979.00 121,10739 000 18787161 3920% TOTAL FINANCE 1,2]],260.00 631.110,62 0,00 646.149.38 49.417. BUILDING 8 SAFETY: BUILDING&SAFETY -ADMIN 290.3000 133,900.S7 0.00 156.406.13 46,12% BUILDING 544,61200 282,26272 000 262,349.28 51.83% CODE COMPLIANCE 1,041.95300 458,629.31 0.00 583,32369 44.02% ANIMAL CONTROL 454,21000 193.469,70 0.00 260.740.30 42.59% FIRE 4,986,904,00 1,126,634.49 0,00 3,860,269. 51 22,59% EMERGENCY SERVICES 217,422.00 79.677,20 000 13],]44.80 3665% CIVIC CENTER SUILDING-OPERATION: 1.2U 754 00 793,17666 000 4415]]34 6424% TOTAL BUILDING B SAFETY B,]]0,1fi200 3,06])50.95 0.00 5,]02.411.05 34.98% POLICE: PLANNING: POLICE SERVICES 12,815,491.00 3.603.16662 0.00 9,212.324. 38 28,12% TOTAL PUBLIC SAFETY 12615,491.00 3,603,1fi6.62 0.00 9212,324.38 28.12% PLANNING ADMIN 832.28700 365.409,54 000 466,877,46 43,90% CURRENT PLANNING 666,884.00 307,24848 000 35953552 4607% TOTAL COMMUNITY DEVELOPMENT 1699,171.00 672,65802 0.00 826,51298 44.8]% PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 527,25600 224,741.97 0.00 302,514.03 4262% DEVELOPMENT B TRAFFIC 627,580.00 26],569.3] 0,00 360,010.63 42.64% MAINTIOPERATIONS- STREETS 1,472,683.00 655.030,36 8.83801 808,814.63 44.48% MAINT/OPERATIONS- LTG/LANDSCAP 1,453,212.00 636,25616 000 816,95524 43.78% CONSTRUCTION MANAGEMENT 1,520,895.00 614,936.22 7,72279 89823599 4043% TOTAL PUBLIC WORKS 5,601,626.00 2,398,534.68 16.560.80 3.186,530,52 42.82% TRANSFERS OUT 2,094,807.00 291,452,37 0.00 1,803.354,63 1391% GENERAL FUND REIMBURSEMENTS (5509476.00) (2,601,461,10) 000 (2908014901 4722% NET GENERAL FUND EXPENDITURES 35,]64,841.00 11,839,434]0 16,56080 23908S4550 3310% ,b 015 CITY OF LA OUINTA OTHER CITY FUNDS ADJUSTED IV31112 REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET PERCENTAGE LIBRARY FUND NTERESTADVANCE 000 0.00 0.00 0.00 000% CAPITAL PURCHASES 0.00 0.00 0.00 000 0.00% REIMBURSE GENERAL FUND 1,696,598.00 985,34800 0.00 711,250.00 5808% TRANSFER OUT 221,279,00 0.00 0.00 22127900 000% TOTAL LIBRARY FUND 1,917,877,00 985,34800 000 93252900 5138% GAS TAX CONTRACTSERVICES 0.00 0.00 0.00 000 0.00% REIMBURSE GENERAL FUND 994,900.00 497,448.00 0.00 497,452.00 50,00% TRANSFER OUT 000 0.00 0,00 000 000% TOTAL GAS TAX FUND 994,800.00 091448.00 0.00 497,452.00 5000% FEDERAL ASSISTANCE FUND: TRANSFER OUT 274.985.00 ,4fi0.14 1064fi0.14 26452686 380% TOTAL FEDERAL ASSISTANCE FUND 294,985.00 1 000 264524.86 380% JAG GRANT TRANSFER OUT TOTAL JAG GRANT 12,03300 8,723.14 000 3.309,86 1249% SLESFICOPS) TRANSFER OUT TOTAL SLESF ICOPS) FUND 000 0,00 0,00 000 000% INDIAN GAMING FUND TRANSFER OUT 118,308.00 000 0.00 118,308.00 000% TOTAL INDIAN GAMING FUND 118,308.00 0.00 0.00 118,308.00 0.00% LIGHTING S LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 960.000,00 480.000,00 000 480.000.00 50.00% TRANSFER OUT 0,00 0,00 000 0.00 000% TOTAL LTGILANDSCAPING FUND 960,000.00 480,000.00 0.00 480000 00 50,00% RCTC TRANSFER OUT 000 000 0.00 000 0.00% TOTAL RCTC 0.00 0.00 000 0.00 0.00% DEVELOPMENT AGREEMENT FUND CONSTRUCTION 0.00 0.00 0.00 000 0.00% REIMBURSE GENERAL FUND 000 0.00 000 0.00 0.00% TRANSFER OUT 000 0.00 0.00 000 0.00% TOTAL DEV AGREEMENT FUND 000 0.00 000 0.00 0.00% CRIME VIOLENT TASK FORCE , OPERATING EXPENSES 68,490.00 2646356 0.00 42.026.44 3864% TRANSFER OUT 0.00 0.00 000 0.00 0.00% TOTAL CRIME VIOLENT TASK FORCE 6849000 26,463,56 0.00 42.02644 38.64% AB 939 OPERATING EXPENSES 34,884,00 6,826,00 2,000.00 27,05900 16.70% REIMBURSE GENERAL FUND 73,625.00 36,816,00 0.00 36,80900 50.00% TRANSFER OUT 10,490.00. 000 0.00 199,490.00 0.00% TOTAL AS 939 307,999,00 42,541.00 2.000.00 263,358.00 13.84% OUIMBY FUND: CONTRACT SERVICES 200,00000 000 000 200,00000 000% REIMBURSE DEVELOPER FEES 0,00 0,00 000 0.00 000% TRANSFER OUT K998,03200 2.984.25 0,00 8,995,04775 0.03% TOTAL OUIMBY 9,198,032.00 2,984.25 000 9,195,04]]5 003% INFRASTRUCTURE FUND CONSTRUCTION 000 0.00 000 0,00 000% REIMBURSE GENERAL FUND 000 0.00 0.00 0,00 0.00% TRANSFER OUT 242,074,00 196,554,32 0.00 45.51968 8120% TOTAL INFRASTRUCTURE 242,074,00 196,55432 0.00 45,519.68 81.20% 41 ' 016 CITY OF LA QUINTA OTHER CITY FUNDS EXPENDITURE SUMMARY ADJUSTED 12/31/2012 REMAINING BUDGET EXPENDITURES ENCUMBERED PERCENTAGE PROPOSITION 18 - SS 1288 TRANSFER OUT TOTAL PROPOSITION 18 FUND 287,307.00 28],30].00 .0.00 0.00 100.00% SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES TRANSFER OUT 40,200.00 7,030.82 000 33,169.18 1].49% 7.49 TOTAL SOUTH COAST AIR QUALITY 375S00.00 415,700.00 082 0,00 375,500,00 3]5,500.00 7,030.82 0.00 1.69% CMAQ PROJECT EXPENDITURES TRANSFER OUT 0.00 0.00 0,00 0.00 0.00% TOTAL CMAp 0.00 0.00 0.00 0.00 0.00 0,00% 0.00 0.00 0.00 0.00% TRANSPORTATION PROGRAM COSTS INTEREST ON ADVANCE 0,00 0.00 0.00 0.00 0.00% CONTRIBUTION 19,500.00 17,597.10 0.00 1.902,90 90.24% TRANSFER OUT 0.00 0.00 0.00 0,00 000% TOTAL TRANSPORTATION 2,746,645.00 2)efi,1459O 160480792 000 t 14183708 5843H ifi22,405.O2 0.00 1,143,]39.98 58.fi$% PARKS 8 RECREATION INTEREST ON ADVANCE TRANSFER OUT 6,00000 2.47372 0.00 3,526.28 dt 23% TOTAL PARKS B RECREATION 0.00 6,00000 000 000 00 000 247000 000 352 629 23-A % CIVIC CENTER SERVICES ON ADVANCE.00INTER 0ST 0.00 0.00 000 0.00% REIMBURSE EIMB RSE GENERAL ERAL FUND 35.00000 16,121.83 0.00 18.878.17 46.06% TRANSFER OUT TRANSFER OUT 201.939.00 100,968.00 0.00 100,971,00 5000% TOTAL CIVIC CENTER 0.00 236,939.00 000 11I O8983 000 000 000 000% % 000 11986917 LIBRARY DEVELOPMENT PROGRAM COSTS INTEREST ON ADVANCE 0.00 0.00 0.00 0,00 0. 00%9,400.00 TRANSFER OUT 4,143.22 0.00 5,25618 4408% TOTAL LIBRARY DEVELOPMENT 000 9,400.00 000 000 000 000% 414322 000 525678 4408% COMMUNITY CENTER PROGRAM COSTS 000 TRANSFER OUT 0.00 000 0.00 0.00% TOTAL COMMUNITY CENTER 0,00 0.00 000 000 000 000% 0.00 000 000 000% STREET FACILITY PROGRAM COSTS INTEREST ON ADVANCE 0.00 0.00 0.00 0.00 0,00 % TRANSFER OUT 10,000.00 4,500.12 0.00 5,499,88 4500% TOTAL STREET FACILITY 0.00 10,000.00 000 450012 000 000 000% 000 549988 4500% PARK FACILITY PROGRAM COSTS TRANSFER OUT 0,00 0,00 0.00 000 000% 2,200.00 121901 000 98099 5541% TOTAL PARK FACILITY 2,200.00 121901 000 98099 5541% FIRE PROTECTION INTEREST ON ADVANCE 4,700.00 2,02441 000 2,675.59 43.07% TRANSFER OUT 0.00 000 000 000 0009 TOTAL FIRE PROTECTION DIF 4,700.00 2,024.41 000 2fi]559 4307% ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP 20.000,00 9729.12 0,00 10.270,88 48.65% OPERATING EXPENSES-APP 4,700.00 2694 000 ART PURCHASES 111,50000 21.835.39 0.00 4,673.06 89,664.61 0.57% 19.58% TRANSFER OUT 400,000.00 0.00 000 40002000 000% TOTAL ART IN PUBLIC PLACES 538,20000 31,591.45 000 50460855 5899 INTEREST ALLOCATION FUND TRANSFER OUT _ 0.00 3314288 000 (3314288) 000% TOTAL INT ALLOC FUND 0.00 33,142.88 000 (3314288) 000% P. 017 CITY OF LA pUINTA FO OTHER CITY FUNDS EXPENDITURE SUMMARY ADJUSTED 12/31/2012 REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET PERCENTAGE CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES PROJECT REIMBURSEMENTS TO GEN FUND 101,858,776.00 2],953,582.]3 0.00 ]3,905,1932] 2]A4% TRANSFER OUT ]11,013.00 65.179.10 0,00 645,833.90 9.17% TOTAL CAPITAL IMPROVEMENT 102,569,]6900 0,00 0.00 20,018,]61.83 0.00 0.00 0.00% 0.00 ]4,551,02].1] 27.32% EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES DEPRECIATION EXPENSES 410,516,00 93436.09 0.00 31],0)9.91 22.]6% CAPITAL PURCHASES 171 )01.00 0.00 0.00 171 70100 000% TRANSFER OUT 0.00 0.00 0,00 0.00 0.00% TOTAL EQUIPMENT REPLACEMENT FUND 502,210000 00 0.00 000 0.00 0.00% IN 93,438.09 0.00 488,]80.91 16.05% TECHNOLOGY FUND OPERATING EXPENSES 363.263.00 181,970,09 0.00 181,292.91 5009% CAPITAL PURCHASES EXPENSES 78.586.00 000 0.00 ]8,586.00 0.00% CAPITAL PURCHASES 106,000.00 6,614.23 0.00 99385.]] fi24% TOTAL INFORMATION TECHNOLOGY 547,849.00 188.68,132 000 359.264.68 34,42% PARK MAINTENANCE FACILITY OPERATING EXPENSES DEPRECIATION EXPENSES CAPITAL PURCHASES TRANSFER OUT SILVERROCK GOLF OPERATING EXPENSES TRANSFER OUT 50,000,00 OAO 0.00 50,000.00 0,00% 502.52300 0,00 0.00 502,52300 0.00% 000 0.00 0,00 000 0.00% . TOTAL PARK MAINTENANCE FAC 0552,52300 00 000 000 000 000% 000 000 55252300 000% 3,821,02300 1,803,079.83 000 2,017,943.17 47.19% 67,015.00 0.00 000 67,01500 000% TOTAL SILVERROCK GOLF 3,888.03300 180307983 000 208495817 4638% SILVERROCK GOLF RESERVE TRANSFER OUT TOTAL SILVERROCK GOLF RESERVE 0.00 0.00 000 000 000 000% 000 000 000 000% LA pUINTA PUBLIC SAFETY CONTRIBUTIONS TOTAL LA pUINTA PUBLIC SAFETY 2.000.00 000 000 200000 000% SUPPLEMENTAL PENSION SAVINGS PLAN CONTRACT SERVICE PLEMENTAL PENSION SAVINGS PLAN 12,833.00 12,832.86 000 014 10000% MEASURE"A" REIMBURSE GENERAL FUND 412,60000 20625000 000 20625000 %00% TOTAL MEASURE 'A" 412,500.00 20625000 000 20825000 5000% Br u 018 ITY SVHAXA MEETING DATE: February 19, 2013 ITEM TITLE: Receive and File Transmittal of Treasurer's Reports as of December 31, 2012 RECOMMENDED ACTION: Receive and file. EXECUTIVE SUMMARY: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: I certify that this report accurately reflects all pooled investments and is in compliance with California Government Code Section 53645 as amended 1 /1 /86; and is in conformity with City Code 3.08.010 to 3.08.070 Investment of Money and Funds. I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet next month's estimated expenditures. FISCAL IMPACT: BACKGROUND/ANAYLSIS: Receive and File Transmittal of Treasurer's Report dated December 31, 2012 for the City of La Quinta. ALTERNATIVES: None. a 019 Respectfully submitted: Robbe� ynA§ird, Finance Director Attachment: 1. Treasurer's Report, City of La Quinta w., 020 H 1 1 AUNIVItIV 1 I / tl MEMORANDUM TO: La Quinta City Council FROM: Robbeyn Bird, Finance Director/Treasurer SUBJECT: Treasurer's Report for December 31, 2012 DATE: January 31, 2013 Attached is the Treasurers Report for the month ending December 31, 2012. The report is submitted to the City Council each month after a reconciliation of accounts is accomplished by the Finance Department. The following table summarizes the changes in investment types for the month: Investment Beginning Purchased Notes Sold/Matured Other Ending Change LAIF 26,246,825 $ 13,700,000 $ (2,000,000) 0 $ 37,946,825 11,700.000 Interest bearing active bank deposit 39,987,007 11,487 $ (100,000) (0) 39,898,494 (88,513) Certificates of Deposit 480,000 720,000 1,200,000 720,000 US Treasuries 61,031,070 2,310 61,033,380 2,310 US Gov't Sponsored Enterprises 0 0 0 Commercial Paper - 0 0 0 Corporate Notes 0 0 Mutual Funds 2,5N 903 65 41,793 0 2,462, 175 41,728 Subtotal $ 130,248,805 $ 14,431,552 $ 2,141,793 $ 2,310 $ 142,540,874 1 $ 12,292,069 Cash $ 10,988,854 1 j & 3 $ 11,476,254 $ 487,400 $ 11,476,254 Total $ 141,237,659 $ 14,431,552 $ 13,618,047 $ 2,310 1 $ 142,053,474 1 $ 815,815 I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code; and is in conformity with the City Investment Policy. As Treasurer of the City of La Quinta, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. The City of La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and the Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. . �- Robbeyn Bir Date Finance Director/Treasurer Footnote (1) The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month. (2) The amount reported in the other column represents the amortization of premium/discount for the month on US Treasury, Commercial Paper and Agency investments. (3) The cash account may reflect a negative balance. This negative balance will be offset with transfers from other investments before warrants are presented for payment by the payee at the bank. -021 Treasurer's Commentary For the Month of December 2012 Cash Balances — The portfolio size increased by approximately$816 thousand to end the month at $142.05 million. The major reason for the increase was due to the receipt of property tax revenue in the amount of $1.4 million and the Capital Improvement Program expenditures were $574 thousand. Investment Activity — The investment activity resulted in an average maturity decrease of 24 days from the prior month to end the month of December at 137 days. The Treasurer follows a buy and hold investment policy. As previously reported, during the month of November, US Treasury Notes of $30 million matured, of which $10 million was invested in LAIF and $20 million was reinvested in US Treasury Notes. Due to timing differences in the maturity of the Treasury Notes and the LAIF transfer, the $10 million invested in LAIF appeared on the December statement. In addition to the $10 million invested in LAIF, there was an additional net increase of $1.7 million. Three Negotiable Certificates of Deposit were purchased in the amount of $720,000 and $100,000 was transferred from Rabobank to Wells Fargo to keep the balance below $40 Million. The sweep account earned $9 in interest income for the month of November and the bank fees for the month were $1550 which resulted in a net decrease of $1,541 in real savings. Portfolio Performance — The overall portfolio performance remained the same as the prior month and ended at .36% for the month, with the pooled cash investments at .47%. The portfolio yield should continue to stay at these levels for the near future. At this time last year, the portfolio was yielding .48% which reflects the current interest rate environment. Looking Ahead In the short term, the Treasurer will be investing in negotiable certificates of deposit, short term commercial paper or GSE paper and rolling over bond proceeds and reserves into U.S. Treasury bills or notes. �111 022 CITY OF LA OUINTA December 31, 2012 The Oty Treasurer will be permitted to invest in the following types of investments subled to the maximum percentage compliance limits and bid process requirements: All maturities must be less than me maximum allowed Type of Investments ChookimplSovirms and other time accounts Certificate of Deposits, with interest comingis paid mon h U.S. Treasury Bills Ens Notes and Bonds. Government Securities ( except any collateralized mortgage obligation (CMO) or structured note which contains embedded rate options): - Government National Mortgage Association (GNMA) - Federal Farm Credit (FFCB) - Federal Home Loan Bank Notes 8 Bonds S HLB) - Fedeml National Mortgage Association (FNMA) - Federal Home Loan Modems s Wrporytxm FHLMC Prime Commercial Paper Medium Tenn Co orate Notes -TLGP Local Agency Investment Fund (I -All') Local Agency Bonds/GA Loral Agency Bond Obligations Interest bearing active bank deposit Money market mutual funds regulated by the Securities and Exchange Commission and whose portfolio consists only of US Agency Securities maintaining a par value per share of$1. All Fund, All Funds All Funds Maximum Actual % Over Under 85% -0.34% 60% 0,85%-59,15% 100% 42.99% -57,01% 30% 0.00% No 30,000,000 25,000,000 20,000,000 20000000 - ,00000) (30,000 (2525,000,000) (20,000,000) 200W 000 95 000 000 0 95 000 000 15% 1 0.00% 1 1500% 5,000000 5 000 000 5,0001000 0 5 000 000 20% 1 0.00% 1 -20 00% 10003000 10000000 10 000 000 1 0 10 000 000 30% 2811% -3.29% 10% 000% -1000% 60% 28.09% 40000.000 39 898 494 20% 173% -1827% Gves"iAgreements for pond roceetle endlor reserve funtlz.I WA 0,00% N/q TOWI 10000% Annualized Earnings of Footed Cash Investments 0465% Annual o d Earnings of Fiscal Agent Investments 0.105 % Annualized Earnings of All Investments 0.355% N W RestrictionsMatu' Mattimum I Gretlit Quality Exce (ions =$250000 per institution 3 years FDIC Insuretl None <=$250 000 per institution SysSystars FDIC Insured None Except no more than $8 miilion may be invested overt years 10 None Restricted to per -issuer limits below: 3 voters None $30 0 million $25.0 million $20 0 million $20.0 million E95.0 million 15% 90 days Standard $ Poors/Mo s None A-1 P-1 $10000000 rIssuer 3 youns at least Standard B Poors'AA" None $50,000000 per account 3years Unrsted None Utilize DVP $30,000,000 per account 10 years $10,000,000 per bank On OemanO collateralized 110% of eligible sewr3ies None Maintain$1 per share par value Utilize DVP 60daya AAA by vie of three rating agencies or assets of$500 million and investor SEC licensed >5 ins None vlaI?nx Mn fago uta3l 9 Y AX aP M pY,, M� p seva Cq N^L. ____ Gai"lLm�vL _ __ry 300 6 ------ __ GE oc E 5 3 33 3 i ui4Ponal' 4 y en� �n¢.eno vaeoovn amn nu �i 3 3 ZOry n m I., [— ainvrtimam� ion CMd aNxeirvry�s wkomm� spw.yanJ Fnarcinp sdnonry So- Ll np roman C _ _ 2o- o�i 02 �xl i u5 Banr 3 N. m .11 � 1 1— �A I — iWI FlSW npsm lmsnmsnu 3 s 3 Enna idal ! 5 ap laa 3 3 nnnes •MGM N cn O tv tT City of La Quinta Summary of Investment Activities City, Successor Agency and Financing Authority December 31, 2012 Investments Purchased Name Type Principal Date Yield to Maturity CD G.E. Capital Bank CD 240,000 12/14/2012 1.100% CD Goldman Sachs CD 240,000 12/14/2012 1.150% CO Ally Bank CD 240,000 12/14/2012 0.900% LAIF- City - State Pool 10,000,000 12/3/2012 LAIF- City State Pool 1,200,000 12/12/2012 LAIF- City State Pool 1,000,000 12/17/2012 LAIF- City State Pool 1,500,000 12/27/2012 US Bank Mutual Fund Interest 65 Rabobank Reinvested Interest Income - Monthly 11,487 Total Investments Purchased 14,431,552 Investments Sold/Matured Name - Type Principal Date Yield to Maturity Rabobank Interest Bearing Bank Deposit (100,000) 12/14/2012 LAIF- City State Pool (2,000,000) 12/19/2012 US Bank Mutual Fund Disbursements (41,793) Total Investments Sold/Matured (2,141,793) Checking & Savings - Net Change $ (11,476,254) Unamortized Premium/Discount Change $ 2,310 Investment Change Prior Month Ending Balance $ 141237,659 Plus : Investments Purchased 14:431,552 Less: Investments Sold (2,141,793) Checking & Savings - Net Change (11,476,254) Unamortized Premium/Discount change 2,310 Month Ending Balance $ 142,053,474 `/ N .1 City of La Owma oiAneu,on at Case B Investments a Balances Oecembi 2012 Distribution of cash a Inves4neMs CRY Totals General FuM $ 72535022 Gas TM (.,I.) OMmey FUM 8303754 AN ma 586Sat IMrastmtlure Fual 71 .2 Cevebcer Impact fees 2 9321 Art in Public Places 879427 Spatial Revenue 324263 Interest Fuha cap., Phi FYM 1,121870 E9uiPmeM Replacement FuM 2,232.120 Information Techm"y Fund 1.157.752 Park Sculptress 8 Faulty 905,176 LaMseape 8 Lphan, Furth (436,124) SilyerRock Reson (281) Trust 8 Agency Funds 3.4594 Su kmenlal Pensin Plan 5,504 8ubtabl 4710 f 9,17 Su...-- Alain, Totals Pm)ecl Area 1 Pm)ecl Area 2 Coles Ilmproyemern Fume $ 9,196.P0 $ 5]fi3,fi44 S L561914 Dobt=.Fulls 261 602,OB4 S F-02.L5 Successor Agency 5319,569 (9920]) 3 5,220362 Low 6 Moderate lnmme Funds 2696555 6530 28241065 SUMWI f I2.]52,855 f 5,9]],051 f H,825,]06 Homing Authority Low 8 Media. Inmme Funds 1481245 820366 S 2301629 ...... S 1,461245 f 9ID,S84 f 2.So1.... Firrourchill, istablusift Flood Funds Dees Suryas Funds 987.00 98] sum., f 9fi] Tebl f I43,053,61d Lash Balinese T Jul 12 A test Se OMMr November cecemMr Janua 13 Febnu Me" Aril May June Cas061nroMmenLs (52d,99) ]8Z3cO (1.PW)61) 10,988,854 (d8]AW) Snare Peel 3],t44005 1],]69,0.1 2629,646825 26246,825 3].W6,025 Innered beafirq atlive bank cusasd 39975.735 3%91136] 39, 39,9]2429 39,98],00] 3Smk.W U.S. Treasury BillyNONs R,981334 70,986,318 70]0,992223 61,031070 61033,380 US. Government SSonwrM Enterprises 8,999.015 8.9W 709 12�' 0 0 0 Prime CgmmerMlPaper 11.998,605 6.9W.025 d 0 0 0 Lorparate Notes 0 0 0 0 0 CertMrales of f3a'sit ]24.010 mSDw 4W." d80,W0 1,200,000 Mul FUM. 16025088 15d64 W] 2 24W1W 2W3 Set 2462175 0 Toral $18]J23201 1594Z]561 td5$ 1d25A 983 16123I fi59 td20.53 d]4 3 - S Tybe Ju 11 Ausuryst Se ember ObLer NovxmC¢r Oewmbe, January 12 Feb ma March 4 nl Me Jute Ga5081nveslmenLs 2815]8 B,B)6,528 b9,]]8 13,I95005 -1090,198 9]9]96 1,05],819 68380]3 -34],W2 254.IW 2980.810 d55,dW Stale Pwl 213]6 ]65 1],9]8,I66 1],2]B,LS 152",9Bd 26,650,984 39,150985 38,W5.85] N9]5,653 ]6,6ISC53 35510.862 19,910.8fi3 38010B62 Interest Marirp alive bank tl¢Fesi1 10.001051 15,00],114 19514,615 J%52I,020 39546,B24 30563,550 39,581019 39,896313 J9,912,28] 39,920.]W' 39,94d,81] 39959602 U,S. Treasury BillsMOtes 58,942, 159 58,94].R2 72949.1% wwrr'235 W,962630 43.957.695 d3,9]0933 583]1,968 58,369,810 A,368,1% R,950,698 R9]4913 U.S. GovemmeM Blsonsored Enneryr'ses 19,994,45. 19,997,371 14995.325 14,996,10% 14996842 14,997.613 23,W],920 23,998996 23,9Ni.161 8,99895as 699],650 SM321 Prism Chars rias Pacer 19,992Am 4.93]633 0 0 0 8,9%.427 1d956,53] 14.9sa t] 9,996,828 9.998,388 9,996,342 11,097202 Colmmle Notes 10034,3]3 10,02d53d 5.015752 5.W8,]]8 5,W2025 0 0 0 0 0 0 0 'inficales of Deposit 724.DM n4OW 724'" 724.W0 ]24(AM ]24,W) ]b,OW ]24,W9 ]26,W0 ]24rDW ]24W0 ]26.0W MNual Funds 45287175 45258032 16767608 16130247 16130247 181325W 159W 991 ]505189 3612383 JJ9]985 3]W fig 16088410 Total 18fi636428 $IQ 9122]9 $16]d95018 $ 1fb,J382d3 E 16292J 15d $162516038 51808]9]5 1803BO 903 1]29dd W0 1 :1]8851 1]93W 862 189208]t] TJrPs Jul f0 A test Se emcee OMber November 4cemMr JanuaryIt FebruaryMart' Aril May June Gash BlnvesMents f 1519652) $ 11536,3M $ (240,460) $ 4818]9 5 "a 616 E 926611 $ 1,1598M $ 50743.7 $ 10492,68] $ 692,742 $ (782,0121 $ 2]],229 SUP, Pool $ 47,31d613 $ 37,314613 $ 46,914612 $ 64123655 5 d19]365d $313]3,855 $ 17.290980 $ 12617 cS 5 2d,d1],858 $ 31.M.191 $ 3],588, 191 $ 34,788.191 U5. Treasury SuWNo@s S 97,935,011 $ 9],956528 $ 87.6929 $ 87984998 $ 87,9W 217 $9d8]9316 $ Kew569 $ 94,Sol $ 8d 911,955 $ 84,921,301 $ ]1,930, 152 $ 58,936,598 US. Goycmmenr Sauntered Enterprises S 18,999,298 $ - 5 - $ - f - 5 - $ 24.PatM $ 24998,581 $ 19,983,W0 $ 19.955,818 $ 1SM729 $ 18,99154] Prime Commercial Paper $ - 5 - 5 - $ - S - $ - $ 8.998t& 3 8,990.W] $ 4997,149 $ 4,998,261 $ 19,994,WU $ 19,992,888 Corporate team $ 15, 16].3d0 5 15,155,163 $ 15,f133]B $ 15,1312W $ 15,119,416 S15107,239 5 15,095061 $ 15,08d W2 $ 100]3092 $ 10,053571 S 10,M3,732 $ IDJW4,211 Centioa@s of Depose 5 959.IXM $ 589,OW f Bast."' E stag CN S stag,"' $ 969,000 f Pat . 3 stag,"' $ stag,"' S stag'" 5 569,000 $ ]24,W3 Mutual FUMs 581]90 $581 )90 501 ]96 581 )W' S81 ]96 $ J59]955 ]593955 1300031 $ 1JW 031 $ 1]W O]1 S 13W OJ1 45298W4 ToWI EISO dI]dW 1W 5134a, 1513]5255 1d9 P252B 14]290699 146869 ]]6 1E6995855 16102363] 15]22d 802 S15d OJ8915 161121 t185 ran W1758 T Jul 09 q uA Se m[e1MO��rNevemMl R�cemher Janua 10 Febrva Mardi Anil MaL Las'8lnveslmer0s $ (74051.) 3 116&.914 $ 8d6,dd63 $ (568591) $ 958.814 $ (6]],226) $ 5940,d25 $ 6911,261 f 10]]216 S 2159189.331)51are Pwl $ 5]60]586 $ 55, 117.516 $ 4830)516 $ 68.1..'. $48,956.1& 5 56]80,4]5 $ 49,630475 $ 49 dW,d]5 $ 0,651232 S 516512321,232US. Treasury BllLMmes 511]8]]508 $107 11391 $ 107.930520] $ 102,975248 $ 98829.623 $ E8849,63] $ 95,867,535 $ 98876179 $ 98,095,885 $ 98915 Us.7%US. Government 8psnsored Enrerplises b - E - 5 -. $ - $ $ 18995483 $ 18994946 $ 189911 $ 10,993,]3d 5 IBS95608],d2dPrime Commercial Paper Notes $ 4,939,688 $ 12, 115.512 $ - $ 12,111722 $ -- S 15,286,I9401 $ - $ 15262.998 $ - $ 15 Salt we $ - $ 15238,815 $ $ 15227.442 $rpense $ 15215.20 $ 15,20340 5 15, 191,302,517Genticales of Oepcsn$ 959.OW $ ISMDID $ 1209,W3W E 1209,GW $ 1209,LC0 $ 1209Po0 $ 1209,000 E 1209,W0 $ 1,209,0W $ 1,209,OWg'" MNual Funds $ 521081 S - S god 183 904183 $ 41Im2 $ 411662 $ 411652 $ 4116521]90 Total $189548839 10]0)d 6]J 1]35W 346 1fi91dd 155 1W"68Q $1661111920 t9t 3"36] 1"203d]5 1B4889,396 $1814d1999 $186590.5552d27 Cast, agl La A'al Flo-<�aya,. Pv 1v+3 91. MgmM1 P 8e Innln CaeM1 Balance xlTotal vi0 i0roun .lanes-u ., m5,Ip0 K9.309, 111.056.359 I19,!]8'0]] 111.101,538 ]]000 <3J ropMY ianl iae I......1 iranslgnl Occupancy iar Sapa ia. SiWerHpck Goll Lbrary OPer revenues 1157,5 19]6a.50a ]]0I 36533 6303611 ]p 361 J]],9ID 6)l.zID 0 11. 18q 50,7I0 713.05 5,1JJ 6360381 3aaldpl 619003 591"1 03111 �21,l11 aJ.JI] 65935 58645t 0 7,1. 1, ItI TIT II 633,q]1 aatp5o3 SIa5866 SS,XI <]>.a1] t,15a,]at 3092]] IOI1tII OIOR 2,374e543 a,85a.81a 5630.311 }141,. p 21117O, 1. 0.evanuae 11"aIsl3 ;805, 10] 5,15]A]5 ]: 3'>R3,tf] 6901]]1 5,2115.330 1],3tLB5B xb wrea Iasd ago.I...a Suste.,ndlarcyb ba PeJavelgpmenl Pggncy 0o 1vcen09uro6 Cap6alPmp[ii e'JlnimeSMasa ilnuu 1. Oat.l 95.]&, 127"884A9a 13,2]595e I6,012117 3351] 3. ]8a 3,z99.a15 1000.12! J 1501 1.925698 0 ]B5015 63,]]9 1141,711 19I5696 760,005 6i1I 3.N5,]B9 0 63185 6)]]9 6p 9N 1.935896 ]69G65 I,q]a,gOfi .17111 1.9BB B00 9.I9I.1W I119.61 3a095,166 3]]95168 1363. I. nd.l LWaI E. mJllurx M,t83.K1 91,]Se 6p31,1]3 0,118.]]I 91,361 6,1124B0 1.519,733 662 91,9]fl.083 Nel Pavan... enEMurn IK,6]B,]I! ]16.133 56�1]l ]13,eW1.1,01 4.Ifal 00] fillarges 1n A ... I ,,blllles IIIR,660) I91y660J En01n CnM1 B.lanu I1016,211 111. ,1]l 110,865.100 IJO.IIt,t]l iJ1,101.539 IJ],BBO,Ita 1M.016.0]1 1]O,Bb.011 NT CM1anpa In CeaM1 blare Malurin91mx1manR 11].553A551 1330,1z3) IS6a,l]ll 13386.]WI 11.a88,10e) 113,t9a 65,80] 150.563.G5) )IUS05 of Cash City colld 0 0 B 0 pony mxi lmnls ep (szoo III.)r+0.6pg0001 ps,00e.wJ1 lzI'.,0001 novq..gaa1 City of La Cents Comparative Rates of Interest December 31, 2012 City of La Ouinta Year Month ,bommirzec Pooled Cash Lamm s Fiscal Agent Overall overage laturib, fellThree Month T rei BIIISMote Six Month One Year Two Year I Three Month Non -Financial LAIF Re 279% FY 08109 July 2008 299% 1.93% 2.11% 62 1,70% 1.88% 229% 275% 2.18% Aequ512008 3.16% 1.92% 288% 51 1.69% 189% 2.14% 2.38% 2.08% 298% Sept2008 2,81% 1.92% 2.64% 31 1.42% 1_79% 1,96% 2,00% 2.13% 2.7I% Oct 2008 266% 2.61% 2.61% 29 090% 1.40% 1]2% 150% 2,07% 271% Nov 2008 2.38% 2.36% 236% 64 0,15% 049% 104% 1.25% 1.45% 2.57% Dec 2008 1.60% 0.18% 142 % 116 0,05% 026% 059% 088% 0.97% 2.35% Jan 2009 1.36% 0.18% 1.23% 82 0.15% 0.35% 0.43% 088% 0,31% 2.05% Feb 2009 1.23% 018% 1.11% 75 0.30% 0,50% 0.61% 0.88% 048% 187% all 2009 125% 0,18% 1,13% 69 0.20% 042% 070% 088% 0.37% 1.82% Apr2009 It 0.18% 085% 54 0.31% 0.33% 0.59% 0.88% 0,28% 1.61% May 2009 0.92% 0,18% 0.84% 80 0.18% 0.30% 0.53% 0.88% 023% 153% June 21 0.85% 0.29% 0.80% 111 0,20% 0.35% 0.55% 1A3% 0.26% 138% FY 09110 July 2009 0.69% 0.30% 0,65% 111 0.19% 0.28% 0.47% 1.00% 0.28% 104% August2009 0.64% 0.30% 0.61% 92 0.16% 0.26% 046% 1.00% 0.24% 0,93% Sep12009 056% 0.31% 0,53% 112 0.12% 0.19% 041% 1.00% 0.19% 076% Oct 2009 0.52% 031% 050% 90 0.08% 0.19% 038% 100% 0.19% 0,65% Nov 2009 0.56% 031% 053% 152 0.04% 0.14% 0.32% 075% 0.15% 0.61% Dec 2009 0.56% 0.15% 0,51% 239 0.11% 0.20% 0.16% 1.00% 0.16% 057% Jan 2010 0.46% 0.15% 0.43% 179 006% 0.14% 0.34% 0.88% 0.13% 0,56% Feb 2010 0.51% 0.16% 0,48% 162 0.13% 0.19 % 0.32% 0.88% 0.15% 0,58% Mar2010 0.50% 0.16% 047% 172 0.15% 0.24% 0.38% 1.00% 0.20% 0.55% Apr 2010 0,52% 0.16% 04B% 162 0.15% 024% 0.49% 100% 023% 059% May 2010 0.52% 1 0.48% 116 0.17% 0,22% 037% 0.15% 0.28% 0.%% June 2010 0,47% 0,10% 036% 134 0.16% 0.22% 032% 0,63% 0.32% 0,53% FY 10111 July 2010 0,50% 0.15% 047% 119 0.16% 0.20% 030% 063% 028% 053% August2010 049% 0.15% 046% 108 0,15% 0,19% 0,26% 0,38% 0.25% 0.51% Si 055% 0.15% 0.51% 107 0,16% 0.19% 0,27% 0.38% 0.24% 0,50% Oct 2010 065% 0.15% 0.51% 88 0.13% 0.17% 0.23% 0.38% 0.23% 048% Nov 2010 0.53% 0.15% 049% 84 a18% 0.21% 028% 050% 023% 0.45% Dec 2010 (1 0.14% 0.52% 265 a15% 0.19% 030% 063% 023% 0.46% Jan 2011 0.51% 014% 043% 206 a16% 0.18% 028% 0.63% 0,24% 0.54% Feb 2011 0.55% 0,17% 046% 210 ).15% 0.17% 0,31% 0,63% 0.23% 051% Mar2011 0.54% 0.17% 045% 218 0.05% 0,13% 0,26% 0,75% 023% 050% Apr2011 0.69% 017% 0.48% 192 005% 0.10% 028% 063% 020% 0.59% May 2011 048% 0.17% 041% 156 006% JA2% 0.20% 0.50% 0.16% 041% June 2011 0.53% 0,00% 0,35% 126 0.03% 0,10% 020% 0,38% 0.15% 0.45% FY 11112 July 2011 0.53% 0,00% 0,35% 112 0,07% 0,12% 0.15% (1 0A4% 0.38% Augus12011 0.60% 0.00% 0.38% 102 0,02% 005% 0.10% (1 0.16% 041% Sept2011 0.58% 0.03% 0.39% 124 002% 0.06% 0.09% 0.13% 0.14% 038% Otl 2011 0.53% 0,03% 0,35% 117 0.01% 0.06% 0.12% 0.25% 0.15% 0.39% Nov 2011 0.52% 0.03% 037% 94 0.03% 0.07% 0.10% 0.25% 0.14% 040% Dec 2011 048% 003% 0,35% 86 0,02% 006% 0.11% 0.13% 0.14% 039% Jan 2012 045% 003% 0,34% 74 005% 0.08% 0.11% 0.25% 0.14% 039% Feb 2012 049% 0,05% 0.36% 72 0,12% 0.15% 0.17% 0.25% 0.17% 0.39% Mar 2012 044% 005% 0.34% 74 008% 0.14% 0.19% 0.25% 0.18% 0,38% Apr2012 0.44% 0.09% 0.35% 61 0.10% 0.15% 0,19% 025% 0,20% 037% May 2012 0.43% 0.09% 034% fit 0.09% 0,14% 0,19% 0,25% 0.19% 0.36% June 2012 0.38% 008% 029% 47 0.10% 0.15% 0,21% 0,25% 0,21% 0.36% FY 12113 July 2012 041% 008% 0.31% 112 0.11% 0,16% 0.18% 0,22% 022% 0.36% Augus12012 041% 1 0.29% 31 0.11% 0,14% 0.20% 0,25% 020% 0.38% Sep12012 043% 0.09% 0.33% 34 011% 0.14% 0,18% 0.25% 0,20% 0.35% Oct 2012 047% 0.10% 0,36% 22 013% 0.16% 0,18% 025% 0.19% 0.34% Nov 2012 0.48% 0.10% 036% 161 0.10% 0.15% 0.18% 025% 0.20% 0.32% 'It" 029 City of La Quinta Chart of Interest Rates July 2012 through December 2012 0.60% -I 0.50% 0.40% li 0.30% Percent 0.20% 0.10% 0.00% -I — J w Q) uly'12 Augustit2 September'12 October it2 November'12 December'12 Months —*—Annualized Earnings of Pooled Cash Investments —F Annualized Earnings of Fiscal Agent Investments • Annualize° Earnings of All Investments �e—Six Month Treasury Bill Rate Two Year Treasury Note Rate Todf 4 rwQ iT / SA / HA / FA MEETING DATE: February 19, 2013 ITEM TITLE: Demand Register Dated February 19, 2013 RECOMMENDED ACTION: Approve Demand Register Dated February 19, 2013, EXECUTIVE SUMMARY: None. FISCAL IMPACT: Demand of Cash City $2,639,692.91 Demand of Cash -Successor Agency of RDA $0.00 Demand of Cash — HA $4,420.14 Demand of Cash — HA Comm $200.00 BACKGROUND/ANALYSIS : AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: 3 STUDY SESSION: PUBLIC HEARING: Between City Council meetings, there is a need to pay some routine bills in order to avoid late fees being charged to the City, as well as payroll and related payroll taxes. These items are listed below: Prepaid Warrants: 98497 - 98514} $26,757.82 98515} $6,778.15 98516 - 98528} $51,228.29 98529 - 98551} $16,335.78 Voids} $(4,073.00) Wire Transfers} $829,190.51 P/R 36813 — 36819} $152,011.52 P/R Tax Transfers} $40,769.01 031 Payable Warrants Cont'd: 98552 - 98699) $1,525,314.97 2,644,313.05 In addition, listed below are the most significant expenditures being paid on the regular demand register. Significant Expenditures: Vendor: Account #• Amount: Mir ose• p Arch Insurance 401-1762-551.45-01 $191,244.29 Adams Bridge Proj. DSUSD 101-5054-421.36-16 $70,428.93 Jul -Nov Police Svc. Hayward,Tilton & Rolapp Various Accounts $108,192.80 Earthquake Insur. Riverside Co Sheriff Various Accounts $867,590.42 Oct -Nov Police Svc ALTERNATIVES: None. Respectfully submitted, Robbeyn Bird, Finafice DirectcW ,u 0 32 PREPAREDOI/24/2013, 15:19:14 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 1 PROGRAM: GM346L ACCOUNTING PERIOD. 2013/07 CITY OF LA QUINTA, CALIFORNIA REPORT NUMBER 46 BANK 00 WELLS FARGO BANK ------------------------------------------------- CHECK VENDOR VENDOR ---------------------------------------------------------------------------------- VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO ---------------------------------------------------- NO NAME NO NO ------------------------------------------------------------------------------- ACCOUNT (NET OF DISC/RETAIN) TOTAL 98497 4115 CHECKMATE TELEPHONE EXCHA 001248 01/25/2013 101-7003-431.56-52 117.85 117.85 * 117.85 98498 82 COUNTY OF RIVERSIDE 001248 01/25/2013 101-5004-424.31-19 1,846.00 1,846.00 * 1,846.00 98499 189 DEPARTMENT OF CONSERVATIO 001249 01/25/2013 101-0000-203.08-00 899.66 001250 01/25/2013 101-5000-342.81-00 44.98- 854.68 * 854.68 98500 3427 HSBC BUSINESS SOLUTIONS 001251 01/25/2013 101-3001-451.80-12 112.73 112.75 * 112.73 98501 6227 MCAULIFFE 8 COMPANY INC 001257 01/25/2013 101-5008-419.43-88 2,000.00 2,000.00 * 2,000.00 98502 6505 NI GOVERNMENT SERVICES IN 001242 01/25/2013 101-5056-425.41-25 151.72 151.72 * 151.72 98503 6909 PROFESSIONAL DEVELOPMENT 001248 01/25/2013 101-1002-413.31-01 41000.00 4,000.00 * 41000.00 98504 46 SMART 8 FINAL 001242 01/25/2013 101-3003-451.51-33 19.98 001242 01/25/2013 101-3002-451.56-02 91.90 001242 01/25/2013 101-1001-411.51-01 122.54 234.42 * 234.42 98505 1786 SOUTHERN CALIF GAS CO 001248 01/25/2013 501-0000-511.43-34 225.52 225.52 * 225.52 98506 909 STANDARD INSURANCE COMPAN 001242 01/25/2013 101-0000-209.47-00 632.78 001242 01/25/2013 101-0000-209.55-00 5,293.36 5,926.14 * 5,926.14 98507 6006 STANDARD INSURANCE COMPAN 001241 01/25/2013 101-0000-209.48-00 595.80 595.80 * 595.80 98508 6720 TYCO INTEGRATED SECURITY 001245 01/25/2013 101-3005-451,43-59 76.63 001245 01/25/2013 101-3002-451.41-30 327.81 001245 01/25/2013 101-5055-422.41-30 51.36 001245 01/25/2015 101-3006-451.41-30 88.43 001246 01/25/2013 101-5008-419.43-88 1,096.16 001247 01/25/2013 101-5054-421.36-34 5,801.00 7,441.39 * 7,441.39 98509 63 UNITED WAY OF THE DESERT 001239 01/25/2013 101-0000-209.81-00 45.00 45.00 * 45.00 .-�98510 2290 VERIZON CALIFORNIA 001245 01/25/2013 101-7004-431.41-04 5.01 -�. 001245 01/25/2013 101-7004-431.41-04 48.04 O W W PREPAREDOI/24/2013, 15:19:14 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 2 PROGRAM: GM346L ACCOUNTING PERIOD 2013/07 CITY OF LA OUINTA, CALIFORNIA REPORT NUMBER 46 BANK 00 WELLS FARGO BANK ------------------------------------------------------------------------------------------------------------------------------------ CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO ------------------------------------------------------------------------------------------------------------------------------------ NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 98510 2290 VERIZON CALIFORNIA 001245 01/25/2013 101-5054-421.41-22 280.04 001245 01/25/2013 101-5054-421.41-22 419.83 752.92 * 752.92 98511 68 VERIZON COMMUNICATIONS 001251 01/25/2013 101-4002-415.41-22 79.99 79.99 r 79.99 98512 2955 VERIZON WIRELESS 001243 01/25/2013 101-4002-415.41-25 1,678.54 001244 01/25/2013 101-1001-411.41-25 20.25 1,698.79 a 1,698.79 98513 5990 WALMART STORES INC 001251 01/25/2013 101-3003-451.56-02 37.96 37,96 + 37.96 98514 274 WELLS FARGO BUSINESS CARD 001252 01/25/2013 101-1002-413.51-01 171.64 001253 01/25/2013 101-1003-413.51-01 159.00 001254 01/25/2013 101-3001-451.80-12 206.52 001255 01/25/2013 101-7003-431.56-40 40.89 001256 01/25/2013 501-0000-511.43-40 58.86 636.91 ■ 636:91 BANK/CHECK TOTAL 26,757.82 26,757.82 ALL BANKS/CHECKS TOTAL 26,757.82 26,757.82 (67 O W PREPARED0I/28/2013, 16:51:25 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 1 PROGRAM: GM346L ACCOUNTING PERIOD 2013/07 CITY OF LA QUINTA, CALIFORNIA REPORT NUMBER 47 BANK 00 WELLS FARGO BANK CHECK __________________________________________________________________________________________________________________________ VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO ____________________________________________________________________________________________________________________________________ NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 98515 3694 PAUL, JAMES & SHARON 001259 01/28/2013 101-5054-421.44-04 6,778.15 6,778.15 6,778.15 BANK/CHECK TOTAL 6,778.15 6,778.15 ALL BANKS/CHECKS TOTAL 6,778.15 6,778.15 O w CT7 PREPAREDOI/31/2013, 12:43:52 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 1 PROGRAM: GM346L ACCOUNTING PERIOD 2013/08 CITY OF LA QUINTA, CALIFORNIA REPORT NUMBER 48 BANK 00 WELLS FARGO BANK ------------------------------------------------------------------------------------------------------------------------------------ CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO ------------------------------------------------------------------------------------------------------------------------------------ NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 98516 133 CALPERS LONG-TERM CARE PR PR0201 98517 268 COACHELLA VALLEY WATER DI 001283 001284 001285 001286 001287 001287 001287 001287 001287 001287 001287 001287 001287 001287 98518 98519 98520 O W 4:0 136 GAS COMPANY, THE 627 HENDERSON, TERRY 269 IMPERIAL IRRIGATION DIST 001287 001287 001291 001291 001287 001287 001287 001287 001287 001287 001287 001287 001287 001287 001287 001287 001287 001287 001287 001287 001287 001287 001288 001289 001290 02/01/2013 02/01/2013 02/01/2013 02/01/2013 02/01/2013 02/01/2013 02/01/2013 02/01/2013 02/01/2015 02/01/2013 02/01/9013 02/01/2013 02/01/2013 02/01/2013 02/01/2013 92/01/2013 02/01/2013 02/01/2013 02/01/2013 02/01/2013 02/01/2013 02/01/2013 02/01/2013 02/01/2013 02/01/2013 02/01/2013 02/01/2015 02/01/2013 02/01/2013 02/01/2013 02/01/2013 02/01/2013 02/01/2013 02/01/2013 02/01/2013 02/01/2013 02/01/2013 02/01/2013 02/01/2013 02/01/2013 101-0000-209.49-00 101-3005-451.40-01 101-3005-451.40-02 101-3005-451.40-12 401-1870-551.45-01 101-7004-431.41-19 101-7004-431.41-19 101-3005-451.40-03 101-3005-451.40-04 101-3005-451.40-05 101-3005-451.40-06 101-3005-451.40-14 101-3002-451.41-16 101-5055-422.41-16 101-5008-419.41-16 101-5055-422.41-13 101-5008-419.41-13 101-1001-411.51-01 101-1001-411.51-01 101-3002-451.41-01 101-5054-421.41-01 101-5054-421.41-01 101-3005-451.40-52 101-3005-451.40-54 101-3005-451.40-56 101-5055-422.41-01 101-3004-451.41-01 101-3005-451.40-51 101-3005-451.40-59 101-3005-451.40-61 101-3005-451.40-63 101-3005-451.40-65 101-3005-451.40-66 101-3005-451.40-62 101-3006-451.41-01 101-5008-419.41-01 101-5055-422.41-01 101-7003-431.41-01 101-7004-431.41-04 101-7004-431.41-07 106.00 106.00 106.00 1,247.08 771.56 1,890.36 20.40 1,631.94 11,925.44 69.96 421.48 43.64 133.26 873.02 221.94 125.42 112.30 19,487.80 174.31 1,283.38 1,457.69 690.39 119.10 809.49 997.27 258.95 140.24 3,273.28 1,410.86 679.29 38.96 2,913.91 4.11 319.92 282.89 5.19 17.18 5.19 90.15 735.92 7,017.25 940.41 737.62 31883.80 1,404.45 25,156.84 19,487.80 r 1,457.69 * 809.49 ■ 25,156.84 PREPARED0I/31/2013, 12:43:52 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 2 PROGRAM: GM346L ACCOUNTING PERIOD 2013/08 CITY OF LA QUINTA, CALIFORNIA REPORT NUMBER 48 BANK 00 WELLS FARGO BANK ____________________________________________________________________________________________________________________________________ CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO _____________________________________________________________________________________________________________________________ NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 98521 150 SPARKLETTS 001291 02/01/2013 101-5054-421.41-16 50.41 001291 02/01/2013 101-7003-431.56-02 128.14 178.55 r 178.55 98522 4736 STUFT PIZZA BAR & GRILL 001291 02/01/2013 101-3002-451.56-02 383.03 383.03 ■ 383.03 98523 56 TIME WARNER CABLE 001291 02/01/2013 502-0000-512.30-03 591.38 001291 02/01/2013 502-0000-512.30-03 8.42 599.80 ■ 599.80 98524 4621 TOWER ENERGY GROUP 001291 02/01/2013 501-0000-511.43-34 2,493.04 2,493.04 * 2,493.04 98525 63 UNITED WAY OF THE DESERT PR0201 02/01/2013 101-0000-209.81-00 45.00 ' 45.00 * 45.00 98526 3892 USA MOBILITY WIRELESS, IN 001291 02/01/2013 101-4002-415.41-25 77.15 77.15 * 77.15 98527 2290 VERIZON CALIFORNIA 001291 02/01/2013 101-7004-431.41-04 42.42 001291 02/01/2013 101-7004-431.41-04 45.18 001291 02/01/2013 101-3006-451.41-22 122.30 209.90 * 209.90 98528 753 WIRELESS WATCHDOGS 001291 02/01/2013 101-4002-415.41-25 224.00 _ 224.00 x 224.00 BANK/CHECK TOTAL 51,228.29 51,228.29 ALL BANKS/CHECKS TOTAL 51,228.29 51,228.29 O G.7 • PREPARED02/07/2013, 15:54:30 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 1 PROGRAM: GM346L ACCOUNTING PERIOD 2013/08 CITY OF LA QUINTA, CALIFORNIA REPORT NUMBER 49 BANK 00 WELLS FARGO BANK ------------------------------------------------------------------------------------------------------------------------------------ CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO ------------------------------------------------------------------------------------------------------------------------------------ NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 98529 3727 ADAMSON POLICE PRODUCTS 001323 02/08/2013 218-0000-421.44-07 73.44 73.44 > 73.44 98530 4404 BURRTEC WASTE & RECYCLING 001323 02/08/2013 218-0000-421.42-17 85.61 85.61 > 85.61 98531 268 COACHELLA VALLEY WATER DI 001322 02/08/2013 101-3005-451.40-07 236.30 001322 02/08/2013 101-7006-431.32-15 773.60 001322 02/08/2013 101-5055-422.41-16 57.08 1,066.98 r 1,066.98 98532 136 GAS COMPANY, THE 001323 02/08/2013 101-3004-451.41-13 403.34 001323 02/08/2013 101-3002-451.41-13 422.22 825.56 * - 825.56 98533 36 HOME DEPOT CREDIT SERVICE 001324 02/08/2013 101-7003-431.56-52 63.87 001324 02/08/2013 101-7004-431.56-52 111.40 001324 02/08/2013 101-7004-431.56-37 18.26 001324 02/08/2013 101-7003-431.56-52 115.25 001324 02/08/2013 101-3006-451.43-01 24.70 001324 02/08/2013 101-5008-419.43-88 8.79 001324 02/08/2013 101-5008-419.43-88 15.61 001324 02/08/2013 101-7004-431.56-52 16.23 001324 02/08/2013 101-7004-431.56-55 240.00 001324 02/08/2013 101-7003-431.56-55 210.14 001324 02/08/2013 101-7003-431.56-52 34.46 001324 02/08/2013 101-3002-451.43-52 20.39 001324 02/08/2013 101-7003-431.56-52 35.47 - 001324 02/08/2013 101-7004-431.56-52 36.29 001324 02/08/2013 101-3004-451.43-88 20.39 001324 02/08/2013 101-5055-422.43-61 25.94 001324 02/08/2013 101-5008-419.43-88 26.73 001324 02/08/2013 101-7003-431.56-52 85.75 001324 92/08/2013 101-7003-431.56-52 12.40 1,122.07 * 1,122.07 98534 3427 HSBC BUSINESS SOLUTIONS 001324 02/08/2013 101-1001-411.56-02 107.95 001324 02/08/2013 101-5054-421.36-34 83.35 001324 02/08/2013 101-3001-451.33-62 92.28 283.58 * 283.58 98535 269 IMPERIAL IRRIGATION DIST 001319 02/08/2013 101-7004-431.41-04 2,795.80 001320 02/08/2013 101-7004-431.41-07 1,799.09 4,594.89 > 4,594.89 98536 6431 LEAF 001323 02/08/2013 101-4002-415.56-29 25.62 - 25.62 * 25.62 -.'@96537 37 LOWE'S HOME IMPROVEMENT W OU1323 02/08/2013 270-0000-451.43-55 20.91 " 001323 02/08/2013 101-5055-422.43-61 23.58 f PREPARED02/07/2013, 15:54:30 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 2 PROGRAM: GM346L ACCOUNTING PERIOD 2013/08 CITY OF LA OUINTA, CALIFORNIA REPORT NUMBER 49 BANK 00 WELLS FARGO BANK ------------------------------------------------------------------------------------------------------------------------------------ CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO ------------------------ NO NAME ------------------------------------------------ NO NO ------------------------------------------------------------ ACCOUNT (NET OF DISC/RETAIN) TOTAL 98537 37 LOWE'S HOME IMPROVEMENT W 001323 02/08/2013 101-5055-422.43-61 24.82 001323 02/08/2013 101-5055-422.43-61 24.82- 001323 02/08/2013 101-3001-451.80-12 49.36 001323 02/08/2013 101-3001-451.80-12 171.58 001324 02/08/2013 101-7003-431.56-52 6.11 001324 02/08/2013 101-7006-431.56-02 5.32 001324 02/08/2013 101-5008-419.43-88 47.07 001324 02/08/2013 101-7003-431.56-52 15.12 339.05 > 339.05 98538 4077 MALDONADO, DENESE 001323 02/08/2013 101-5054-421.56-02 368.75 368.75 * 368.75 98539 40 NEXTEL COMMUNICATIONS 001323 02/08/2013 101-4002-415.41-25 572.13 572.13 a 572.13 98540 2954 NEXTEL GANG TASK FORCE 001323 02/08/2013 218-0000-421.41-22 119.01 119.01 * 119.01 98541 6509 PARA, LETICIA 001323 02/08/2013 218-0000-421.30-15 100.00 100.00 ■ 100.00 98542 150 SPARKLETTS 001322 02/08/2015 101-7001-431.56-01 78.13 78.13 r 78.13 98543 6568 SPARKLETTS GANG TASK FORC 001323 02/08/2013 218-0000-421.56-02 27.00 27.00 * 27.00 98544 2938 STAPLES GANG TASK FORCE 001323 02/08/2013 218-0000-421.56-01 37.08 001323 02/08/2013 218-0000-421.56-01 249.10 001323 02/08/2013 218-0000-421.56-01 262.40 548.58 548.58 98545 3020 TELEPACIFIC COMMUNICATION 001324 02/08/2013 101-4002-415.41-22 462.41 001324 02/08/2013 101-4002-415.41-22 322.85 001324 02/08/2013 101-4002-415.41-22 508.50 001324 02/08/2013 101-5056-425.41-22 1,020.80 001324 02/08/2013 101-3001-451.33-13 45.41 001324 02/08/2013 101-3005-451.40-04 45.41 001324 02/08/2013 101-7004-431.34-04 45.41 001324 02/08/2013 101-7004-431.34-04 45.41 001324 02/08/2013 101-3005-451.43-59 227.05 ' 001324 02/08/2013 101-3006-451.41-22 45.41 001324 02/08/2013 101-4002-415.41-22 272.46 001324 02/08/2013 101-5054-421.41-22 136.23 3,177.35 * 3,177.35 - 98546 2816 TIME WARNER -GANG TASK FOR 001323 02/08/2013 218-0000-421.42-16 58.32 58.32 ■ 58.32 O W CD PREPARED02/07/2013, 15:54:30 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 3 PROGRAM: GM346L ACCOUNTING PERIOD 2013/08 CITY OF LA QUINTA, CALIFORNIA REPORT NUMBER 49 BANK 00 WELLS FARGO BANK -------------------------------------------------------------- CHECK VENDOR VENDOR VOUCHER --------------------------------------------------------------------- P.O. DATE REMITTANCE AMOUNT CHECK NO ----------------------------------- NO NAME ------------------------------------------------------------------------------------------------ NO NO ACCOUNT CNET OF DISC/RETAIN) TOTAL 98547 6720 TYCO INTEGRATED SECURITY 001323 02/08/2013 101-5054-421.36-34 673.28 673.28 * 673.28 98548 2956 VERIZON CA - GANG TASK FO 001323 02/08/2013 218-0000-421.42-19 285.19 285.19 * 285.19 98549 2290 VERIZON CALIFORNIA 001323 02/08/2013 101-7004-431.41-04 48.02 001323 02/08/2013 101-5054-421.41-22 280.04 001323 02/08/2013 101-3005-451.40-16 37.47 365.53 * 365.53 98550 68 VERIZON COMMUNICATIONS 001323 02/08/2013 101-4002-415.41-22 79.99 79.99 * 79.99 98551 1742 VISION SERVICE PLAN - (CA 001321 02/08/2013 101-0000-209.45-00 1,465.72 1,465.72 * 1,465.72 BANK/CHECK TOTAL 16,335.78 16,335.78 ALL BANKS/CHECKS TOTAL 16,335.78 16,335.78 O O PREPARED02/12/2013, 14:11:04 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 1 PROGRAM: GM346L ACCOUNTING PERIOD 2013/08 CITY OF LA OUINTA, CALIFORNIA REPORT NUMBER 50 BANK 00 WELLS FARGO BANK ------------------------------------------------------------------------------------------------------------------------------------ CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO ------------------------------------------------------------------------------------------------------------------------------------ NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN)- TOTAL 97758* 394 LANDMARK GEO-ENGINEERS & 000711 11/13/2012 401-1841-551.34-04 1,107.00- 1,107.00- > VOIDED 98552 2 ACE HARDWARE 001317 02/12/2013 101-3006-451.43-01 8.23 001317 02/12/2013 101-5008-419.43-88 42.48 001317 02/12/2013 101-5008-419.43-88 32.26 001317 02/12/2013 101-5008-419.43-88 6.77 89.74 89.74 98553 1047 ADOLPH, DON 001304 02/12/2013 101-0000-228.35-00 130.29 130.29 130.29 98554 5109 ALL VALLEY APPLIANCE INC 001363 02/12/2013 101-5055-422.43-61 148.78 148.78 * 148.78 98555 5170 ALSCO INC 001295 02/12/2013 101-7004-431.44-07 94.42 001295 02/12/2013 101-7003-431.44-07 94.42 001332 02/12/2013 101-7003-431.44-07 88.56 277.40 277.40 98556 1257 ALTEC 001332 02/12/2913 101-4001-415.56-01 157.37 157.37 * 157.37 98557 5016 ALVAREZ, MARIA ISABEL 001327 02/12/2013 101-3002-451.33-43 130.20 130.20 * 130.20 98558 4830 AMERICAN COUNCIL OF ENGIN 001279 02/12/2013 101-7002-431.53-04 56.00 001280 02/12/2013 101-6002-463.53-04 110.30 166.30 * 166.30 98559 569 AMERICAN PLANNING ASSOCIA 001303 02/12/2013 101-6002-463.53-03 285.00 001303 02/12/2013 101-6002-463.53-03 475.00 760.00 * 760.00 98560 16 AMERIPRIDE UNIFORM SERVIC 001303 02/12/2013 101-3002-451.42-15 60.10 60.10 * 60.10 98561 3592 ANDERSON COMMUNICATIONS, 001317 02/12/2013 101-5056-425.43-90 80.00 80.00 * 80.00 98562 5831 AQUATECHNEX LLC 001304 02/12/2013 101-3005-451.32-30 325.00 325.00 * 325.00 98563 6784 ARCH INSURANCE COMPANY 001303 02/12/2013 401-1762-551.45-01 191,244.29 191,244.29 * 191,244.29 .98564 3811 ARMA INTERNATIONAL 001312 02/12/2013 101-2001-411.53-03 215.00 - 215.00 * 215.00 98565 6229 ARTINIAN, JANE 001336 02/12/2013 101-3000-342.10-00 85.00 O F-` PREPARED02/12/2013, 14:11:04 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 2 PROGRAM: GM346L ACCOUNTING PERIOD 2013/08 CITY OF LA OUINTA, CALIFORNIA REPORT NUMBER 50 BANK 00 WELLS FARGO BANK ------------------------------------------------------------------------------------------------------------------------------------ CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO ------------------------------------------------------------------------------------------------------------------------------------ NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 98565 6229 ARTINIAN, JANE 85.00 * 85.00 98566 6543 BECKER, KATHLEEN 001327 02/12/2013 101-3002-451.33-43 168.00 168.00 * 168.00 98567 3274 BODDEN, RENATE 001327 02/12/2013 101-3002-451.33-43 145.60 145.60 * 145.60 98568 137 BOYS & GIRLS CLUB OF COAC 001317 02/12/2013 101-3001-451.33-10 7,500.00 _ 7,500.00 * 7,500.00 98569 6759 BRANGER, VERONIOUE 001327 02/12/2013 101-3002-451.33-43 175.00 175.00 * 175.00 98570 6669 CAHA, BECKY 001316 02/12/2013 241-9101-705.32-10 3,468.75 3,468.75 * 3,468.75 98571 4675 CALPORTLAND 001303 02/12/2013 101-3005-451.56-52 365.76 365.76 * 365.76 98572 106 CANON FINANCIAL SERVICES, 001303 02/12/2013 101-4002-415.43-19 3,696.52 3,696.52 * 3,696.52 98573 21 CAROUEST 001327 02/12/2013 101-7003-431.56-52 43.18 43.18 * 43.18 98574 947 CASSEL, LLORA 001327 02/12/2013 101-3003-451.33-43 184.80 184.80 * 184.80 98575 2298 CENTRAL SECURITY SERVICES 001304 02/12/2013 101-5055-422.41-30 126.00 126.00 * 126.00 98576 6950 CLARK, DEBORAH 001339 02/12/2013 101-3000-342.10-00 30.00 30.90 * 30.00 98577 354 CLASSIC PARTY RENTALS 001303 02/12/2013 101-3001-451.80-12 1,277.35 001303 02/12/2013 101-3001-451.80-12 5,114.58 6,391.93 * 6,391.93 98578 512 CVAG 001303 02/12/2013 235-0000-463.31-01 9,550.28 9,550.28 * 9,550.28 98579 3033 DATA TICKET, INC. 001278 02/12/2013 101-5004-424.31-19 407.07 407.07 * 407.07 98580 6151 DAVID, MIRIAM 001327 02/12/2013 101-3002-451.33-43 1,207.50 1,207.50 * 1,207.50 IY8581 6771 DEPARTMENT OF ANIMAL SERV 001316 02/12/2013 101-5006-426.51-07 8,384.07 8,384.07 * 8,384.07 O ,P N PREPARED02/12/2013, 14:11:04 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 3 PROGRAM: GM346L ACCOUNTING PERIOD 2013108 CITY OF LA QUINTA, CALIFORNIA REPORT NUMBER 50 BANK 00 WELLS FARGO BANK ------------------------------------------------------------------------------------------------------------------------------------ CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO ------------------------------------------------------------------------------------------------------------------------------------ NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 98582 26 DESERT ELECTRIC SUPPLY 001316 02/12/2013 101-7004-431.56-52 176.57 001316 02/12/2013 101-7004-431.56-52 102.33 278.90 * 278.90 98583 1661 DESERT FOUNTAIN GAS SUPPL 001317 02/12/2013 101-3003-451.51-33 8.00 8.00 * 8.00 98584 307 DESERT SANDS UNIFIED SCHO 001303 02/12/2015 101-5054-421.36-16 22,711.51 001303 02/12/2013 101-5054-421.36-16 24,812.62 001303 02/12/2013 101-5054-421.36-16 22,904.80 70,428.93 * 70,428.93 98585 2583 DESERT SUN, THE 001312 02/12/2013 101-2001-411.53-04 49.68 49.68 * 49.68 98586 6958 DEYOE, PAULA 001346 02/12/2013 101-3000-342.10-00 85.00 85.00 * 85.00 98587 6944 DIAZ, ALMA 001317 02/12/2013 101-5000-322.20-00 8.00 8.00 * 8.00 98588 118 DUDEK & ASSOCIATES INC 001303 02/12/2013 401-1868-551.35-07 15,555.00 15,555.00 * 15,555.00 98589 6951 DURAND, PAULINE 001340 02/12/2015 101-3000-342.10-00 30.00 30.00 * 30.00 98590 6033 ENCHANTED MEMORIES PARTIE 001317 02/12/2013 101-3003-451.51-33 280.00 280.00 * 280.00 98591 4783 ENTERPRISE RENT -A -CAR 001317 02/12/2013 101-5054-421.36-34 45.97 001317 02/12/2013 101-5054-421.36-34 35.56 81.53 * 81.53 98592 6952 ESPINOSA, AARON 001349 02/12/2013 101-0000-228.30-00 50.00 50.00 * 50.00 98593 6953 FAGAN, LARRY 001341 02/12/2013 101-3000-342.10-00 30.00 30.00 * 30.00 98594 4357 FAMILY YMCA OF THE DESERT 001317 02/12/2013 101-3001-451.80-13 24,181.22 24,181.22 * 24,181.22 98595 4899 FG CREATIVE INC 001272 02/12/2013 101-1003-413.55-07 2,072.47 001327 02/12/2013 101-1003-413.55-07 1,120.00 001327 02/12/2013 101-1003-413.55-07 750.00 001527 02/12/2013 101-1003-413.55-07 11500.00 001327 02/12/2013 101-1003-413.55-07 1,350.00 001327 02/12/2013 101-1003-413.55-07 11000.00 001327 02/12/2013 101-1003-413.55-07 3,000.00 O .LA CAD PREPARED02/1212013, 14:11:04 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 4 PROGRAM: GM346L ACCOUNTING PERIOD 2013/U8 CITY OF LA QUINTA, CALIFORNIA REPORT NUMBER 50 BANK 00 WELLS FARGO BANK ------------------------------------------------------------------------------------------------------------------------------------ CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO ------------------------------------------------------------------------------------------------------------------------------------ NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 98595 4899 FG CREATIVE INC 001327 02/12/2013 101-1003-413.55-07 1,060.00 001327 02/12/2013 101-1003-413.55-07 500.00 001327 02/12/2013 101-1003-413.55-07 4,500.00 16,852.47 * 16,852.47 98596 31 FIRST CHOICE SERVICES 001295 02/12/2015 101-4002-415.56-27 375.96 001295 02/12/2013 101-4002-415.56-27 221.53 597.49 * 597.49 98597 6945 FOSTER & SONS TERMITE & P 001317 02/12/2013 101-3002-451.42-20 1,750.00 1,750.00 * 1,750.00 98598 4683 FRANKLIN, KRISTY 001304 02/12/2013 101-0000-228.35-00 135.39 135.59 * 135.39 98599 4507 GILMORE-KIPHART, KIRSTEN 001327 02/12/2013 101-3003-451.33-43 134.40 134.40 * 134.40 98600 6957 GIVEN, YVONNE 001345 02/12/2013 101-3000-342.10-00 85.00 85.00 * 85.00 98601 6949 GRABOWSKI, PAT 001338 02/12/2013 101-3000-342.10-00 30.00 30.00 * 30.00 98602 75 GRANITE CONSTRUCTION COMP 001317 02/12/2013 101-7003-431.56-49 75.11 75.11 * 75.11 98603 6938 GROUTSMITH, THE 001317 02/12/2013 101-1000-321.00-00 3.00 3.00 * 3.00 98604 371 GUNNER, BRAD 001327 02/12/2013 101-3002-451.33-43 147.00 001327 02/12/2013 101-3003-451.33-43 864.50 1,011.50 * 1,011.50 98605 1529 HAYWARD TILTON & ROLAPP I 001358 02/12/2013 101-3004-451.52-13 19,474,70 001359 02/12/2013 101-3006-451.52-13 6,058.80 001360 02/12/2013 101-0000-209.50-02 14,065.06 001361 02/12/2013 101-1004-413.52-13 56,260.26 001362 02/12/2013 101-5055-422.52-13 12,353.98 108,192.80 * 108,192.80 98606 627 HENDERSON, TERRY 001304 02/12/2013 101-0000-228.35-00 129.99 129.99 * 129.99 98607 5773 HENSON CONSULTING GROUP 001332 02/12/2013 101-1002-413.31-01 7,695.30 7,695.30 * 7,695.30 -s98608 6823 HERRIS, NICOL 001327 02/12/2013 101-3002-451.33-43 49.00 -.., 49.00 * 49.00 PREPARED02/12/2013, 14:11:04 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 5 PROGRAM: GM346L ACCOUNTING PERIOD 2013/08 CITY OF LA QUINTA, CALIFORNIA REPORT NUMBER 50 BANK 00 WELLS FARGO BANK ------------------------------------------------------------------------------------------------------------------------------------ CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO ------------------------------------------------------------------------------------------------------------------------------------ NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 98609 141 HF&H CONSULTANTS, LLC 001303 02/12/2013 101-1004-413.33-22 204.00 204.00 * 204.00 98610 311 HINDERLITER DE LLAMAS & A 001317 02/12/2013 101-4001-415.30-01 979.90 979.90 * 979.90 98611 35 HOARD INC, HUGH 001278 02/12/2013 101-5008-419.43-88 1,023.15 001278 02/12/2013 101-5008-419.43-88 1,380.66 001278 02/12/2013 101-5008-419.43-88 1,327.54 001317 02/12/2013 101-3004-451.43-52 270.03 4,001.38 > 4,001.38 98612 6549 HOLIDAY 001356 02/12/2013 101-3003-451.51-33 922.06 922.06 * 922.06 98613 1206 HUGHES, KATHLEEN 001335 02/12/2013 101-3000-342.10-00 30.00 30.00 + 30.00 98614 6937 HULL, KATHRYN BLOMQUIST 001317 02/12/2013 101-5000-322.09-01 _ 10.00 10.00 > 10.00 98615 4963 HUTCHINS MOTOR SPORTS INC 001303 02/12/2013 501-0000-511.43-50 761.87 001313 02/12/2013 501-0000-511.43-50 36.70 798.57 * 798.57 98616 3245 J P STRIPING, INC. 001332 02/12/2013 401-1870-551.45-01 640.00 640.00 * 640.00 98617 6961 JACKSON, PAULINE 001351 02/12/2013 101-5000-322.20-00 23.00 23.00 * 23.00 98618 2104 JAYCO INDUSTRIES, LLC 001278 02/12/2013 101-5008-419.43-88 1,033.60 1,033.60 s 1,033.60 98619 374 JOBS AVAILABLE 001281 02/12/2013 101-1004-413.55-01 332.50 332.50 * 332.50 98620 3184 JOHNSON, LES 001303 02/12/2013 101-6002-463.51-01 30.45 30.45 > 30.45 98621 4314 JTB SUPPLY CO., INC. 001296 02/12/2013 101-7006-431.56-02 555.12 001354 02/12/2013 101-7006-431.56-02 475.20 1,030.32 * 1,030.32 98622 6948 KRAKOWER, BRENDA 001337 02/12/2013 101-3000-342.10-00 35.00 35.00 ■ 35.00 48623 865 KRIBBS CONSTRUCTION, BRUC 001303 02/12/2013 101-3005-451.56-52 775.00 001303 02/12/2013 101-3005-451.56-52 2,495.00 3,270.00 * 3,270.00 O J� Ul PREPARED02/12/2013, 14:11:04 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 6 PROGRAM: GM346L ACCOUNTING PERIOD 2013/08 CITY OF LA QUINTA, CALIFORNIA REPORT NUMBER 50 BANK 00 WELLS FARGO BANK ------------------------------------------------------------------------------------------------------------------------------------ CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO --------------------------- NO NAME -------------------------------------------------------------------------------------------------------- NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 98624 3498 L & L AUTOMOTIVE 001295 02/12/2013 501-0000-511.43-40 44.10 001295 02/12/2013 501-0000-511.43-40 89.10 001295 02/12/2013 501-0000-511.43-40 633.83 001317 02/12/2013 501-0000-511.43-40 386.93 001357 02/12/2013 501-0000-511.43-40 253.89 1,407.85 * 1,407.85 98625 3961 LAING, JEFF 001278 02/12/2013 101-1000-321.00-00 25.00 25.00 r 25.00 98626 2182 LASR-INK PALM SPRINGS 001316 02/12/2013 101-4001-415.56-01 108.83 108.83 * 108.83 98627 6954 LEE, JUNG 001342 02/12/2013 101-3000-342.10-00 55.00 55.00 * 55.00 98628 217 LESLIE, JANELLE 001327 02/12/2015 101-3002-451.33-43 3.50 3.50 ■ 3.50 98629 3197 LIFE LINE SCREENING OF AM 001350 02/12/2013 101-3000-342.60-00 400.00 400.00 * 400.00 98630 1239 LIGHT SOURCE 001303 02/12/2013 101-5008-419.43-88 223.04 001357 02/12/2013 101-5055-422.43-61 299.65 522.69 + 522.69 98631 80 LOCK SHOP INC, THE 001278 02/12/2013 101-3002-451.56-02 4.75 001278 02/12/2013 101-5008-419.43-88 156.00 001327 02/12/2013 101-7004-431.56-52 306.12 001327 02/12/2013 101-7004-431.56-52 170.04 636.91 636.91 98632 5236 LORENZ, ANDREW K 001327 02/12/2013 101-3002-451.33-43 105.00 105.00 105.00 98633 6941 MARS HILL STUDIO 001317 02/12/2013 101-6000-343.05-00 500.00 500.00 500.00 98634 4425 MARTIN, PANDARA 001327 02/12/2013 101-3003-451.33-43 31.50 31.50 31.50 98635 6770 MASTER TECH MECHANICAL/CO 001303 02/12/2013 101-5055-422.43-61 428.90 428.90 * 428.90 98636 4201 MAXWELL SECURITY SERVICES 001304 02/12/2013 101-5008-419.41-30 150.00 150.00 * 150.00 98637 4884 MAYSELS, SUSAN 001329 02/12/2013 101-2001-411.56-01 27.39 27.39 > 27.39 PREPARED02/12/2013, 14:11:04 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 7 PROGRAM: GM346L ACCOUNTING PERIOD 2013/08 CITY OF LA QUINTA, CALIFORNIA REPORT NUMBER 50 BANK 00 WELLS FARGO BANK ------------------------------------------------------------------------------------------------------------------------------------ CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO ------------------------------------------------------------------------------------------------------------------------------------ NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 98638 958 MOLLINDO, RICK 001327 02/12/2013 101-3003-451.33-43 140.00 140.00 140.00 98639 830 MO_RRIS DESERT MEDIA 001332 02/12/2013 101-3001-451.80-12 400.00 001532 02/12/2013 101-3001-451.80-12 400.00 001332 02/12/2013 101-3001-451.80-12 600.00 001332 02/12/2013 101-3001-451.80-12 400.00 001332 02/12/2013 101-3001-451.80-12 600.00 001332 02/12/2013 101-3001-451.80-12 600.00 3,000.00 * 31000.00 98640 4701 MOUNTAIN VIEW TIRE 001304 02/12/2013 501-0000-511.43-40 27.33 001317 02/12/2013 501-0000-511.43-40 98.37 001357 02/12/2013 501-0000-511.43-40 32.33 158.03 * 158.03 98641 2624 MOWERS PLUS INC 001296 02/12/2013 101-7003-431.56-52 148.20 001316 02/12/2013 101-7004-431.56-52 120.75 268.95 * 268.95 98642 250 NAI CONSULTING INC 001364 02/12/2013 401-1762-551.35-07 345.85 001365 02/12/2013 401-1804-551.80-01 500.00 001366 02/12/2013 401-1846-551.32-10 4,945.00 001367 02/12/2013 401-1867-551.35-07 1,985.00 001368 02/12/2013 401-1871-551.35-07 765.00 001369 02/12/2013 401-1885-551.35-07 875.00 001370 02/12/2013 401-1878-551.32-10 1,125.00 001371 02/12/2013 401-1879-551.32-10 2,705.00 001372 02/12/2015 401-1880-551.52-10 2,477.50 001373 02/12/2013 401-1881-551.32-10 2,607.50 001374 02/12/2013 401-1882-551.32-10 62.50 001375 02/12/2013 401-1884-551.32-10 2,062.50 001376 02/12/2013 401-1868-551.32-10 4,052.59 001377 02/12/2013 101-7001-431.32-07 8,990.43 33,498.78 * 33,498.78 98643 6955 NELSON, GARY 001343 02/12/2013 101-3000-342.10-00 30.00 30.00 * 30.00 98644 1065 NIETO, RUBEN 001303 02/12/2013 501-0000-511.43-43 484.00 001317 02/12/2013 501-0000-511.43-43 631.00 1,115.00 * 1,115.00 98645 5770 OAKES, JOSEPH A 001327 02/12/2013 101-3002-451.33-43 343.00 343.00 * 343.00 98646 41 OFFICE DEPOT 001273 02/12/2013 101-4001-415.56-01 20.12 001273 02/12/2013 101-2001-411.56-01 33.43 -_ 53.55 * 53.55 PREPARED02/12/2013, 14:11:04 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 8 PROGRAM: GM346L ACCOUNTING PERIOD 2013/08 CITY OF LA OUINTA, CALIFORNIA REPORT NUMBER 50 BANK 00 WELLS FARGO BANK ------------------------------------------------------------------------------------------------------------------------------------ CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO ------------------------------------------------------------------------------------------------------------------------------------ NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 98647 1588 OSBORNE, LEE 001304 02/12/2013 101-0000-228.35-00 122.49 122.49 * 122.49 98648 5190 OZONE WATER SYSTEMS 001303 02/12/2013 101-3005-451.32-30 1,268.70 1,268.70 * 1,268.70 98649 5663 PLANIT REPROGRAPHICS SYST 001303 02/12/2013 101-7001-431.32-07 251.70 251.70 * 251.70 98650 840 PLATAMONE, CHRISTOPHER 001327 02/12/2013 101-3003-451.33-43 227.50 227.50 * 227.50 98651 6956 PLAYFAIR, DEBRA 001344 02/12/2013 101-3000-342.10-09 55.00 55.00 * 55.00 98652 4729 PLAZA TOWING 001302 02/12/2013 101-5054-421.36-34 960.00 960.00 * 960.00 98653 5127 PLUG 8 PAY TECHNOLOGIES I 001332 02/12/2013 101-3003-451.33-45 20.00 20.00 * 20.00 98654 6909 PROFESSIONAL DEVELOPMENT 001303 02/12/2013 101-1002-413.31-01 4,000.00 4,000.00 * 4,000.00 98655 325 PSOMAS INC 001303 02/12/2013 401-1870-551.34-04 13,000.00 13,000.00 * 13,000.00 98656 6875 QARNI, FATIMA 001317 02/12/2013 101-3000-342.10-00 34.00 34.00 * 34.00 98657 6940 RADI, ROBERT 001317 02/12/2013 101-0000-228.35-00 138.09 138.09 * 138.09 98658 6960 RAMIREZ, MARCIA 001348 02/12/2013 101-0000-228.30-00 50.00 50.00 * 50.00 98659 6816 RAMOS, DON D 001327 02/12/2013 101-3002-451.33-43 151.90 151.90 * 151.90 98660 254 RASA/ERIC NELSON 001303 02/12/2013 101-7002-431.33-34 285.00 285.00 * 285.00 98661 6939 RISK, DJ 001326 02/12/2013 101-0000-228.15-00 200.00 200.00 * 200.00 98662 4086 RIVERSIDE COUNTY INFORMAT 001303 02/12/2013 101-4002-415.41-25 20.77 ' 20.77 * 20.77 98663 4583 RIVERSIDE COUNTY SHERIFF 001262 02/12/2013 101-5054-421.36-01 512,511.21 001263 02/12/2013 101-5054-421.36-03 27,443.63 I PREPARED02/12/2013, 14:11:04 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 9 PROGRAM: GM346L ACCOUNTING PERIOD 2013/08 CITY OF LA QUINTA, CALIFORNIA REPORT NUMBER 50 BANK 00 WELLS FARGO BANK ------------------------------------------------------------------------------------------------------------------------------------ CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO ------------------------------------------------------------------------------------------------------------------------------------ NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 98663 4583 RIVERSIDE COUNTY SHERIFF 001264 02/12/2013 101-5054-421.36-23 16,964.80 001265 02/12/2013 101-5054-421.36-22 29,564.80 001266 02/12/2013 101-5054-421.36-04 136,334.22 001267 02/12/2013 101-5054-421.36-19 65,732.82 001268 02/12/2013 101-5054-421.36-13 4,621.60 001269 02/12/2013 101-5054-421.36-15 9,243.20 001270 02/12/2013 101-5054-421.36-07 32,399.64 001271 02/12/2013 101-5054-421.36-25 32,774.50 867,590.42 * 867,590.42 98664 6246 ROJAS TKD 001327 02/12/2013 101-3003-451.33-43 157.50 157.50 * 157.50 98665 6959 ROSENBAUM, ELLEN 001347 02/12/2013 101-3000-342.10-00 30.00 30.00 * 30.00 98666 2039 SAM'S FENCE COMPANY 001355 02/12/2013 101-7003-431.56-52 35.53 35.53 * 35.53 98667 6729 SANTA FE BUILDING MAINTEN 001305 02/12/2013 101-3002-451.42-15 1,605.00 001306 02/12/2013 101-3004-451.42-15 2,516.00 001307 02/12/2013 101-3005-451.42-15 1,230.00 001308 02/12/2015 101-3006-451.42-15 737.00 001309 02/12/2013 101-5008-419.42-15 2,825.00 001310 02/12/2013 101-5054-421.42-15 320.00 001311 02/12/2013 101-7005-431.42-15 406.00 9,639.00 * 91639.00 98668 615 SECURITAS SEC SVCS USA IN 001332 02/12/2013 101-3001-451.80-12 432.00 432.00 * 432.00 98669 6947 SESAC 001332 02/12/2013 101-3001-451.33-04 652.00 652.00 * 652.00 98670 1372 SHAPIRO, PAT 001334 02/12/2013 101-3000-342.10-00 30.00 30.00 * 30.00 98671 5798 SHARK POOLS INC 001295 02/12/2013 101-3006-451.41-16 89.25 001295 02/12/2013 101-5008-419.43-81 90.95 001295 02/12/2013 101-3005-451.43-59 169.15 001317 02/12/2013 101-3001-451.33-13 488.75 838.10 * 838.10 98672 6165 SIEMENS INDUSTRY INC 001317 02/12/2013 101-7006-431.32-20 947.82 947.82 * 947.82 98673 5489 SIERRA PACIFIC ELECTRICAL 001303 02/12/2013 101-7006-431.56-02 1,996.00 1,996.00 * 1,996.00 98674 4249 SILVERROCK RESORT 001352 02/12/2013 101-5001-424.56-01 15.00 PREPARED02/12/2013, 14:11:04 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 10 PROGRAM: GM346L ACCOUNTING PERIOD 2013/08 CITY OF LA QUINTA, CALIFORNIA REPORT NUMBER 50 BANK 00 WELLS FARGO BANK ------------------------------------------------------------------------------------------------------------------------------------ CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO ------------------------------------------------------------------------------------------------------------------------------------ NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 98674 4249 SILVERROCK RESORT 001353 02/12/2013 101-0000-203.04-00 39.00 54.00 * 54.00 98675 46 SMART & FINAL 001363 02/12/2013 101-3001-451.33-62 23.37 23.37 ■ 23.37 98676 463 SMITH PIPE & SUPPLY CO 001300 02/12/2013 101-7004-431.56-52 118.05 118.05 ■ 118.05 98677 1395 SOUTHERN CALIFORNIA MUNIC 001317 02/12/2013 101-3001-451.53-03 140.00 140.00 * 140.00 98678 4791 SOUZA, DEBRA A FEDOR 001327 02/12/2013 101-3002-451.33-43 11.20 11.20 ■ 11.20 98679 48 STAPLES ADVANTAGE 001273 02/12/2013 101-5001-424.56-01 63.35 001273 02/12/2013 101-6001-463.56-01 82.46 001273 02/12/2013 101-1003-413.56-01 86.39 001273 02/12/2013 101-7001-431.56-01 8.09 001273 02/12/2013 101-7001-431.56-01 31.72 001273 02/12/2013 101-4001-415.56-01 54.19 001275 02/12/2013 101-4001-415.56-01 81.85 001273 02/12/2013 101-3001-451.56-01 28.03 001278 02/12/2013 101-5054-421.56-02 905.04 001292 02/12/2013 101-5001-424.56-01 93.36 001293 02/12/2013 101-6001-463.56-01 93.37 001312 02/12/2013 101-5054-421.56-02 160.37 001316 02/12/2013 101-4002-415.56-07 114.48 001317 02/12/2013 101-3002-451.56-01 52.34 001317 02/12/2013 101-3002-451.56-01 13.74 001317 02/12/2013 101-3002-451.56-01 364.66 2,233.44 * 2,233.44 98680 4667 SULLIVAN, CHARLES L 001327 02/12/2013 101-3002-451.33-43 171.50 171.50 * 171.50 98681 6943 SWEEPER SHOP 001317 02/12/2013 501-0000-511.43-46 2,110.36 2,110.36 * 2,110.36 98682 3190 SYLK, ROBERT 001304 02/12/2013 101-0000-228.35-00 131.19 131.19 * 131.19 98683 54 TAG/AMS INC 001303 02/12/2015 101-1004-413.32-10 125.00 125.00 * 125.00 98684 333 TERRA NOVA PLANNING & RES 001281 02/12/2013 101-6001-463.32-10 9,806.35 _ " 9,806.35 . 9,806.35 98685 57 TOPS'N BARRICADES INC 001273 02/12/2013 101-7003-431.56-46 155.25 001316 02/12/2013 101-7003-431.56-46 129.44 C? CJ1 O PREPARED02/12/2013, 14:11:04 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 11 PROGRAM: GM346L ACCOUNTING PERIOD 2013/08 CITY OF LA QUINTA, CALIFORNIA REPORT NUMBER 50 BANK 00 WELLS FARGO BANK ------------------------------------------------------------------------------------------------------------------------------------ CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO ------------------------------------------------------------------------------------------------------------------------------------ NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 98685 57 TOPS'N BARRICADES INC 001316 02/12/2013 101-7003-431.56-46 455.76 740.45 * 740.45 98686 58 TRAFFEX ENGINEERS INC 001317 02/12/2013 101-7006-431.32-08 13,245.00 13,245.00 + 13,245.00 98687 60 TRULY NOLEN INC 001273 02/12/2013 101-5008-419.43-88 591.00 591.00 * 591.00 98688 6942 TUSCAN RIDGE GROUP LLC 001327 02/12/2013 101-0000-228.10-00 11000.00 1,000.00 * 11000.90 98689 6030 UNITED ROTARY BRUSH CORPO 001332 02/12/2013 501-0000-511.43-46 1,018.72 1,018.72 + 1,018.72 98690 6133 US AIR CONDITIONING DISTR 001294 02/12/2013 101-5055-422.43-61 33.26 001295 02/12/2013 101-5055-422.43-61 116.42 001378 02/12/2015 101-3002-451.43-01 78.94 001379 02/12/2013 101-5055-422.43-61 24.95 001380 02/12/2013 101-5055-422.43-61 19.16 001381 02/12/2013 101-5054-421.43-52 4.50 001382 02/12/2013 601-0000-451.43-65 4.27 001383 02/12/2013 101-5008-419.43-88 8.04 001384 02/12/2013 101-3006-451.43-01 50.37 339.91 * 339.91 98691 6946 US TELEPHONE DIRECTORY, T 001315 02/12/2013 101-4002-415.41-22 242.00 242.00 * 242.00 98692 2431 VINTAGE ASSOCIATES 001273 02/12/2013 101-3005-451.56-52 253.23 001274 02/12/2013 101-7004-431.34-04 12,200.00 001275 02/12/2013 101-3004-451.30-96 560.00 001276 02/12/2013 101-3005-451.34-04 27,907.00 001277 02/12/2013 101-3006-451.34-04 425.00 41,345.23 41,345.23 98693 6548 WALTERS WHOLESALE ELECTRI 001296 02/12/2013 - 101-7006-431.56-02 601.67 001296 02/12/2013 101-7004-431.56-52 280.80 001316 02/12/2013 101-7004-431.56-52 171.48 - 001316 02/12/2013 101-7004-431.56-52 14.57 001317 02/12/2013 101-7004-431.56-52 311.04 001317 02/12/2013 101-7006-431.56-02 200.56 1,580.12 1,580.12 98694 6135 WELLNESS WORKS 001317 02/12/2013 101-1004-413.32-07 184.00 001317 02/12/2013 101-1004-413.32-07 184.00 .. 368.00 368.00 ...,98695 6762 WERDANN, TERRY D 001327 02/12/2013 101-3003-451.33-43 416.50 416.50 416.50 O C3T F-' PREPARED02/12/2013, 14:11:04 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 12 PROGRAM: GM346L ACCOUNTING PERIOD 2013/08 CITY OF LA OUINTA, CALIFORNIA REPORT NUMBER 50 BANK 00 WELLS FARGO BANK ------------------------------------------------------------------------------------------------------------------------------------ CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO ------------------------------------------------------------------------------------------------------------------------------------ NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 98696 4401 WILLDAN FINANCIAL SERVICE 001298 02/12/2013 740-0000-234.10-00 686.71 001299 02/12/2013 735-0000-234.10-00 126.52 001301 02/12/2013 101-7001-431.32-07 5,558.00 _ 6,371.23 > 6,371.23 98697 3350 WINNER, ED 001304 02/12/2013 101-7002-431.51-01 20.00 20.00 > 20.00 98698 85 XEROX CORORATION 7405 001316 02/12/2013 101-7002-431.53-01 81.53 81.53 * 81.53 98699 6936 YANG, GENEVIEVE D 001317 02/12/2013 101-1000-321.00-00 25.00 25.00 ■ 25.00 BANK/CHECK TOTAL 1,524,207.97 1,525,314.97 ALL BANKS/CHECKS TOTAL 1,524,207.97 1,525,314.97 PREPARED O1/23/2013, 11:59:35 CITY OF LA OUINTA, CALIFORNIA PAGE 1 PROGRAM: GM313U ACCOUNTS PAYABLE UPDATE LIST REPORT NUMBER 77 GROUP NUMBER 01291 VOID CHECK GROUP ACCOUNTING PERIOD: 07/2013 GROUP USER ID SMANCILLA GROUP CREATED BY SMANCILLA GROUP UPDATED BY SMANCILLA ------------------------------------------------------------------------------------------------------------------------------------ TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER PROJ P.O. VENDOR SEQ VENDOR NAME INVOICE NUMBER AMOUNT DESCRIPTION 1 DESCRIPTION 2 DUE DATE CHECK# CHECK DATE TYPE LAST TRANS DISC/RETAINAGE WORK ORDER JOB# FACILITIES ID ------------------------------------------------------------------------------------------------------------------------------------ 100 01/23/2013 PR0118 00 101-0000-209.81-00 0000063 00 UNITED WAY OF THE DE 20130118 16.32- PAYROLL SUMMARY 00/00/0000 0098379 01/18/2013 N GROUP TOTALS COUNT: 1 AMOUNT: 16.32- C) C.JI C"i PREPARED O1/23/2013, 9:18:09 CITY OF LA QUINTA, CALIFORNIA PAGE 1 PROGRAM: GM313U ACCOUNTS PAYABLE UPDATE LIST REPORT NUMBER 76 GROUP NUMBER 01285 VOID CHECK GROUP ACCOUNTING PERIOD: 07/2013 GROUP USER ID z SMANCILLA GROUP CREATED BY SMANCILLA GROUP UPDATED BY SMANCILLA ------------------------------------------------------------------------------------------------------------------------------------ TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER PROJ P.O. VENDOR SEO VENDOR NAME INVOICE NUMBER AMOUNT DESCRIPTION 1 DESCRIPTION 2 DUE DATE CHECK# CHECK DATE TYPE LAST TRANS DISC/RETAINAGE WORK ORDER JOB# FACILITIES ID ------------------------------------------------------------------------------------------------------------------------------------ 100 01/23/2013 000956 00 101-0000-228.30-00 REFUND COUNT: AMOUNT: O CJ1 J� GROUP TOTALS 1 100.00- 0006879 00 SWINGLE, JASON 62689 00/00/0000 0098100 12/11/2012 N 100.00- PREPARED 01/23/2013, 9:18:09 CITY OF LA QUINTA, CALIFORNIA PAGE 2 PROGRAM: GM313U ACCOUNTS PAYABLE UPDATE LIST REPORT NUMBER 76 GROUP NUMBER 01286 VOID CHECK GROUP ACCOUNTING PERIOD: 07/2013 GROUP USER ID SMANCILLA GROUP CREATED BY SMANCILLA GROUP UPDATED BY SMANCILLA ------------------------------------------------------------------------------------------------------------------------------------ TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER PROJ P.O. VENDOR SEQ VENDOR NAME INVOICE NUMBER AMOUNT DESCRIPTION 1 DESCRIPTION 2 DUE DATE CHECK# CHECK DATE TYPE LAST TRANS DISC/RETAINAGE WORK ORDER JOB# FACILITIES ID --------------------------- ------------------------------------------------------------------------------------------------------- 100 01/23/2013 PRO104 00 101-0000-209.49-00 PAYROLL SUMMARY COUNT: AMOUNT: 0 GROUP TOTALS 1 106.00- 0000133 00 CALPERS LONG-TERM CA 20130104 00/00/0000 0098268 01/04/2013 N 106.00- PREPARED 01/23/2013, 9:18:09 CITY OF LA OUINTA, CALIFORNIA PAGE 3 PROGRAM: GM313U ACCOUNTS PAYABLE UPDATE LIST REPORT NUMBER 76 GROUP NUMBER 01287 VOID CHECK GROUP ACCOUNTING PERIOD: 07/2013 GROUP USER ID SMANCILLA GROUP CREATED BY SMANCILLA GROUP UPDATED BY SMANCILLA ------------------------------------ ----------------------------------------------------------------------------------------------- TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER PROJ P.O. VENDOR SEO VENDOR NAME INVOICE NUMBER AMOUNT DESCRIPTION 1 DESCRIPTION 2 DUE DATE CHECK# CHECK DATE TYPE LAST TRANS - DISC/RETAINAGE WORK ORDER JOB# FACILITIES ID ------------------------------------------------------------------------------------------------------------------------------------ 100 01/23/2013 000939 00 101-3002-451.56-02 SHOWCASE TEAM COUNT: AMOUNT: C) GROUP TOTALS 1 170.00- 0005359 00 LA OUINTA HIGH SCH00 2013001 00/00/0000 0098058 12/11/2012 N 170.00- PREPARED 01/23/2013, 9:18:09 CITY OF LA OUINTA, CALIFORNIA I PAGE 4 PROGRAM: GM313U ACCOUNTS PAYABLE UPDATE LIST REPORT NUMBER 76 GROUP NUMBER 01288 VOID CHECK GROUP ACCOUNTING PERIOD: 07/2013 GROUP USER ID SMANCILLA GROUP CREATED BY SMANCILLA GROUP UPDATED BY SMANCILLA ------------------------------------------------------------------------------------------------------------------------------------ TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER PROJ P.O. VENDOR SEQ VENDOR NAME INVOICE NUMBER AMOUNT DESCRIPTION 1 DESCRIPTION 2 DUE DATE CHECK# CHECK DATE TYPE LAST TRANS DISC/RETAINAGE WORK ORDER JOB# FACILITIES ID ------------------------------------------------------------------------------------------------------------------------------------ 100 01/23/2013 PRO104 00 101-0000-209.81-00 PAYROLL SUMMARY COUNT: AMOUNT: GROUP TOTALS 1 73.68- 0000063 00 UNITED WAY OF THE DE 20130104 00/00/0000 0098277 01/04/2013 N 73.68- PREPARED O1/23/2013, 9:18:09 CITY OF LA QUINTA, CALIFORNIA PAGE 5 PROGRAM: GM313U ACCOUNTS PAYABLE UPDATE LIST REPORT NUMBER 76 GROUP NUMBER 01289 VOID CHECK GROUP ACCOUNTING PERIOD: 07/2013 GROUP USER ID SMANCILLA GROUP CREATED BY SMANCILLA GROUP UPDATED BY SMANCILLA ------------------------------------------------------------------------------------------------------------------------------------ TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER PROJ P.O. VENDOR SEQ VENDOR NAME INVOICE NUMBER AMOUNT DESCRIPTION 1 DESCRIPTION 2 DUE DATE CHECK# CHECK DATE TYPE LAST TRANS DISC/RETAINAGE WORK ORDER JOB# FACILITIES ID ------------------------------------------------------------------------------------------------------------------------------------ 100 01/23/2013 000939 00 101-3002-451.34-04 0002299 00 SENIOR INSPIRATION A 41213 2,500.00- SR INSPIRATION AWARDS 00/00/0000 0098091 12/11/2012 N GROUP TOTALS COUNT: 1 AMOUNT: 2,500.00- PREPARED 02/12/2013, 11:29:00 CITY OF LA OUINTA, CALIFORNIA PAGE 1 PROGRAM: GM313U ACCOUNTS PAYABLE UPDATE LIST REPORT NUMBER 84 GROUP NUMBER 01450 VOID CHECK GROUP ACCOUNTING PERIOD: 08/2013 GROUP USER ID SMANCILLA GROUP CREATED BY SMANCILLA GROUP UPDATED BY ------------------------------------------------------------------------------------------------------------------------------------ SMANCILLA TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER PROJ P.O. VENDO SEO VENDOR NAME INVOICE NUMBER AMOUNT DESCRIPTION 1 DESCRIPTION 2 DUE DATE HECK# CHECK DATE TYPE LAST TRANS DISC/RETAINAGE WORK ORDER JOB# FACILITIES ID 100 02/12/2013 000711 00 401-1841-551.34-04 000039 00 LANDMARK GEO-ENGINEE LP111214 1,107.00- CONT SVC 2010-06 00/00/0000 0097758 11/13/2012 N GROUP TOTALS COUNT: 1 AMOUNT: 1,107.00- O C31 CD L/� Q a �F'cE 9 AGENDA CATEGORY: OF BUSINESS SESSION: _ ITY SA/HA/FA MEETING DATE: February 19, 2013 CONSENT CALENDAR: A — ITEM TITLE: State Funding in the Amount of STUDY SESSION: $100,000 from the Supplemental Law Enforcement PUBLIC HEARING: Services Fund RECOMMENDED ACTION: Accept state funding for law enforcement in the amount of $100,000 from the Supplemental Law Enforcement Services Fund. EXECUTIVE SUMMARY: The City has been awarded $100,000 from the County of Riverside for law enforcement from the Supplemental Law Enforcement Services Fund (SLESF). These funds would be used to support the City's frontline police services. This program is administered through the County of Riverside and is chaired by the Sheriff. A description of the program is included in the attached letter from Assistant Sheriff Lee Wagner (Attachment 1). FISCAL IMPACT: Receipt of these SLESF grant funds has been included in the Fiscal Year 2012/2013 operating budget. These funds would be deposited in the SLESF Program revenue account and allocated to fund police services. BACKGROUND/ANALYSIS: In January 2013 the City received the attached correspondence (Attachment 1) from the Riverside County Sheriff's Department requesting that the City submit its expenditure plan for the Fiscal Year 2013/14 SLESF funds. The City has participated in this program since Fiscal Year 2001 /2002. This action approves the City's expenditure plan; this plan has been prepared by the Police Department based upon the priorities established by the City Council and the Police Chief. ow$ Funds are appropriated by population and La Quinta's share of the funds for 2012/2013 is $100,000. The City Council reviewed the recommendations from the Chief of Police during the budget process, based on tentative projections from the State. As a result, the Fiscal Year 2012/2013 Budget includes $50,000 for Robbery Prevention and $50,000 for Burglary/Theft Prevention. The proposed Expenditure Plan Form for police services is provided as Attachment 2. ALTERNATIVES: None. Respectfully submitted, Robbeyn Bird, FiPfance Dire or Attachments: 1. Letter from Assistant Sheriff 2. Supplemental Law Enforcement Services Fund Expenditure Plan It 061 A l l AUH[VitN I l RIVERSIDE COUNTY STAN SNIFF. SHERIFF January 10, 2013 Mr. Frank J. Spevacek City Manager City of La Quinta P.O. Box 1504 La Quinta, CA 92247 Dear Mr. Spevacek, Sherif7 P.O. BOX 513 • RIVERSIDE, CALIFORNIA 92502 • (951) 955-2700 The Supplemental Law Enforcement Services Account (SLESA) provides money to support front line law enforcement services. In April 2002, Senate Bill 823 amended the Government Code Sections 30061 and 30063 to require that, "The city council shall appropriate existing and anticipated moneys exclusively to fund frontline municipal police services, in accordance with written requests submitted by the chief of police of that city or the chief administrator of the enforcement agency that provides police services for that city." Please submit your city expenditure plan for the FY 2012-2013 allocation as requested. The expenditure form is attached. Your allocation is $100,000.00. The request to the city council should specify the personnel, equipment, and programs necessary to meet the city's needs. The council, at a public meeting, considers the request and determines the allocation of funds. In June 2012, Senate Bill 1023 repealed Government Code Sections 30064 thus the Supplemental Law Enforcement Oversight Committee is no longer mandated. However, our department is required to submit your approved local expenditure plan to the County Auditor/Controller before they can request approval from the Board of Supervisors to release the funds in quarterly increments. Once your city council has approved your local expenditure plan, please submit a copy to the Riverside County Sheriff's Department Specialized Accounting Unit. Please submit your expenditure plan by February 1, 2013. You may email the completed plan to iesch@riversidesherifforg or fax it to the Specialized Accounting Unit at 951-955-9650, If you have any questions, please contact Janice Esch at 951-955-8747. Thank you for your assistance. Sincerely, STANLEY L. SNIFF, SHERLFFF--C—O—R�O"NER Lee Wagner, Assistant Sheriff SS/je cc: Captain Andrew Shouse Enclosure: SLESA Expenditure Plan 062 ATTACHMENT 2 Supplemental Law Enforcement Services Account Expenditure Plan FY 2012-2013 City: City of La Quinta Beginning Fund Balance Prior Year Allocation Received in Current Year Current Year Allocation Expenditure Planned Salaries and Benefits Services and Supplies Equipment Administrative Overhead 1 26,461.25 1100,000.00 100,000.00 . Total Planned Expenditures 1 100,000.00 Date approved by the City Council : February 19, 2013 The City Manager hereby certifies that the Supplemental Law Enforcement Services Plan was submitted to the City Council and approved as listed. City Manager Date Please provide the name of a contact person if there are any questions: Louise West (760) 777-7055 Name Contact Number Riverside County SLESA Oversight Committee 2012-13 City Expenditure Plan Form . 063 ceaqp 4 4 a" IT / SA / HA / FA MEETING DATE: February 19, 2013 ITEM TITLE: Second Reading and Adoption of Ordinance No. 507 Adding Chapter 3.33 of the La Quinta Municipal Code Pertaining to the Collection of Transportation Uniform Mitigation Fees RECOMMENDED ACTION: Adopt Ordinance No. 507 on second reading. EXECUTIVE SUMMARY: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: • The City of La Quinta has not been a part of the Coachella Valley Association of Governments ("CVAG") Transportation Uniform Mitigation Fee Program ("TUMF"). In 2012, the City initiated the process to join TUMF in order to receive its local share of the Measure "A" one-half cent sales tax funds. • The recommended action will facilitate the City's entry into TUMF. The City will then receive Measure "A" Funds, which will be pledged to annual street maintenance. • Per the CVAG/City Agreement approved by Council on February 5, 2013, the City and CVAG will allocate 50% of La Quinta's local share of Measure "A" funds for annual street maintenance and 50% to CVAG to repay them to fund the TUMF fees that they would have received if the City participated in the TUMF program since its inception. This amount is $5.5 million. Once the TUMF shortfall is repaid (projected to be in about 10 years), the City will receive 100% of its local share of Measure "A" funds. C64 • As a member of TUMF, the City must annually prepare and submit a five- year Capital Improvement Plan to the Riverside County Transportation Commission detailing the expected uses of the sales tax funding, and annually certifying that its discretionary General Fund expenditures for transportation -related construction and maintenance activities meet or exceed the Maintenance of Effort base year amount. • The City's Development Impact Fee collected for transportation purposes has been updated and assumes the City will become a TUMF- collecting member of CVAG in 2013. FISCAL IMPACT: The City will receive 50% of its local share ($1.2 million) until the TUMF shortfall, estimated at $5.5 million, is paid. The City must pay interest on the TUMF shortfall, which will accrue at the rate of the Local Agency Investment Fund as determined on July 1s` of each year. If the City adopts the TUMF Ordinance in February 2013, the TUMF will become effective on or about April 22, 2013 and the City would begin receiving sales tax funds by August 2013. Once in TUMF and until the conclusion of the program in 2039, the City will be required to spend $937,007 per year of its discretionary funds on road improvements or road maintenance in order to receive its Measure "A" funds. The Measure "A" funds will be available to fund transportation -related expenditures above and beyond the base expenditures of $937,007 per year. Once the TUMF shortfall is repaid (anticipated to occur in 2023), the City will then receive 100% of the City's share of Measure "A" funds for 16 years. BACKGROUND/ANALYSIS: On February 5, 2013, the City Council unanimously approved motions to take up and introduce Ordinance No. 507 on first reading. Resolution 2013-007 entitled "Setting the Transportation Uniform Mitigation Fee Amount Pursuant to Ordinance No. 507" was also unanimously approved along with the Agreement between CVAG and the City of La Quinta for establishment of the TUMF Program. ALTERNATIVES: An alternative to the recommended action is to continue to not participate in TUMF. Doing so would not allow the City to receive Measure "A" funds and would reduce the funding available for transportation related improvements. While TUMF membership does increase the development impact fees, all Riverside County cities participate in TUMF. Staff does not believe that this additional fee would place the City at a disadvantage. IV_ 065 CHARTER CITY IMPLICATIONS If the City Council adopts the TUMF Program, the City will begin receiving its proportionate share of the Measure "A" one-half cent sales tax. Because the sales tax is collected county wide, it is considered regional in nature and projects funded through it are subject to prevailing wage requirements. Prevailing wages are required for other transportation infrastructure projects where local funds are mixed with other non -local funds. Respectfully submitted, -S�t� �- Susan Maysels City Clerk + C66 ORDINANCE NO. 507 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING CHAPTER 3.33 OF THE LA QUINTA MUNICIPAL CODE PERTAINING TO THE COLLECTION OF TRANSPORTATION UNIFORM MITIGATION FEES WHEREAS, the City of La Quinta ("City") is Member of the Coachella Valley Association of Governments ("CVAG"), a joint powers agency consisting of the County of Riverside ("County"), the Aqua Caliente Band of Cahuilla Indians, the Cabazon Band of Mission Indians, the Torres Martinez Desert Cahuilla Indians, the City of Blythe, and the nine cities situated in the Coachella Valley (collectively, "Member Agencies"); and WHEREAS, acting in concert, the Member Agencies developed a plan whereby the shortfall in funds needed to enlarge the capacity of the Regional System of Highways and Arterials within CVAG's jurisdiction (the "Regional System") could be made up in part by a Transportation Uniform Mitigation Fee ("TUMF") imposed on future residential, commercial and industrial development within the jurisdiction; and WHEREAS, as a Member of CVAG, the City participated in the preparation of the 1987 Coachella Valley Area Transportation Study (" 1987 Transportation Study") prepared pursuant to the Mitigation Fee Act (Government Code section 66000 et seq.); WHEREAS, CVAG commissioned Parsons Brinckerhoff to prepare an updated TUMF study entitled "2006 Fee Schedule Update, Nexus Study Report", and dated June 27, 2006 ("2006 Nexus Study") to establish updated TUMF levels and program revenue collection targets, which was approved by the CVAG Executive Committee on July 31, 2006; and WHEREAS, the 2006 Nexus Study revealed the need to revise the provisions of the model TUMF ordinance to reflect changes in the Mitigation Fee Act, which governs the adoption and implementation of development impact fees and to reflect the findings of the 2006 Nexus Study; and WHEREAS, pursuant to the terms of the Implementation Agreement relating to the TUMF, as a condition to the receipt of its share of the local portion of Measure "A" funds, each city was required to adopt and maintain a TUMF to be administered by CVAG under the terms of the Implementation Agreement; and ,P 067 Ordinance No. 507 TUMF Adopted February 19, 2013 Page 2 of 9 WHEREAS, the City had never adopted nor maintained a TUMF program, thereby forfeiting its share of the local portion of Measure "A"; and WHEREAS, the City now desires to establish the TUMF program within its jurisdiction so as to become eligible to receive its share of the local portion of Measure "A" funds; WHEREAS, by notice duly given and posted, on January 23, 2013 and on January 30, 2013, the City Council conducted a public hearing to consider approval of the 2006 Nexus Study and this Ordinance; and WHEREAS, at the time and place set for the hearing, the City Council duly considered the data and information provided by CVAG, City staff and the public relative to the TUMF and all other comments, whether written or oral, submitted prior to the conclusion of the hearing; and WHEREAS, the City Council wishes to accurately collect TUMF fees along with the other participating jurisdictions within the Coachella Valley as requested by the CVAG General Assembly. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES ORDAIN AS FOLLOWS: SECTION 1 ADOPT CHAPTER 3.33 "TRANSPORTATION UNIFORM MITIGATION FEE" The La Quinta Municipal Code Chapter 3.33, "Transportation Uniform Mitigation Fee" is hereby added to read as follows: Chapter * Transportation Uniform Mitigation Fee 3.33.010 Purpose, use and findings. The City Council finds and determines as follows: A. The City is a Member Agency of the Coachella Valley Association of Governments ("CVAG"), a joint powers agency consisting of public agencies situated in the Coachella Valley (collectively, "Member Agencies"). B. Acting in concert, the Member Agencies developed a plan whereby the shortfall in funds needed to enlarge the capacity of the Regional System B 063 Ordinance No. 507 TUMF Adopted February 19, 2013 Page 3 of 9 of Highways and Arterials within CVAG's jurisdiction (the "Regional System") could be made up in part by a Transportation Uniform Mitigation Fee ("TUMF") imposed on future residential, commercial and industrial development within the jurisdiction. C. That CVAG commissioned the preparation of various studies ("Fee Studies") which evaluate population and employment growth, future transportation needs and the availability of traditional transportation funding sources to establish updated TUMF levels and program revenue collection targets. D. That the Fee Studies, as periodically updated, make it possible to determine a reasonable relationship between the cumulative regional impacts of new land development projects in the Coachella Valley on the Regional System and the need to mitigate these transportation impacts using funds levied through the TUMF program. E. That the Fee Studies, as periodically updated, establish the purposes of the TUMF, which may be summarized as a uniform development impact fee to help fund construction of the Regional System needed to accommodate growth in the Coachella Valley to the year 2030. F. That the Fee Studies, as periodically updated, establish that the TUMF proceeds will be used to help pay for the engineering, construction and acquisition of right of way for the Regional System improvements identified therein. Such improvements are necessary for the safety, health and welfare of the residential and non-residential users of the development projects on which the TUMF will be levied. G. That the Fee Studies, as periodically updated, establish a reasonable and rational relationship between the use of the TUMF proceeds and the type of development projects on which the TUMF is imposed. H. That the Fee Studies, as periodically updated, establish the reasonable relationship between the impact of new development and the need for the TUMF. I. That the TUMF program revenues to be generated by new development will not exceed the total fair share of these costs. IF 069 Ordinance No. 507 TUMF Adopted February 19, 2013 Page 4 of 9 J. That the projects and methodology identified in the Fee Studies, as periodically updated, for the collection of fees is consistent with the goals, policies, objectives and implementation measures of the City's General Plan. K. That the TUMF program complies with the provisions of the Mitigation Fee Act. 3.33.020 Definitions For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them as follows: "Change of use" means any change in the use of an existing building that results in the increase of vehicular trips. "Development" means any activity which requires discretionary or ministerial action by the City resulting in the issuance of grading, building, plumbing, mechanical or electrical permits, or certificates of occupancy issued by the City to construct, or change the use of, a building or property. Where "development" applies to an enlargement of an existing building, or a change of use of an existing building that results in increased vehicle trips, the average weekday trips shall be only the additional trips in excess of those associated with the existing use. "Fee Study" means the studies prepared by CVAG and adopted by the City Council, which supports the fee established by this chapter, and includes all the underlying reports and documents referenced therein. "Impact Fee Schedule" means the schedule of development impact fees approved by resolution of the City Council. "Mitigation Fee Act" means the law set forth in the California Government Code (Government Code Section 66000 et seq.) that establishes the criteria for establishing a fee as a condition of approval of a development project. "Regional System" means the regional system of roads, streets and highways identified by CVAG as needed to accommodate growth in the Coachella Valley to the year 2030. "Transportation Mitigation Trust Fund" means the fund established pursuant to this chapter. A 070 Ordinance No. 507 TUMF Adopted February 19, 2013 Page 5 of 9 "TUMF" means the Transportation Uniform Mitigation Fee established by this chapter. 3.33.030 Fee Established A. There is established a Transportation Uniform Mitigation Fee ("TUMF"), which shall apply to new development yet to receive final discretionary approval and/or issuance of a building permit or other development right and to any reconstruction or new use of existing buildings that results in change of use and generates additional vehicular trips. B. The facilities to be funded by the TUMF are detailed in the Fee Study, which is on file with the City's Public Works Department. C. The TUMF is in addition to the requirements imposed by other City laws, policies or regulations relating to the construction or the financing of the construction of public improvements within subdivisions or developments. 3.33.040 Fund Established A. There is established a Transportation Mitigation Trust Fund ("Trust Fund") into which TUMF proceeds shall be deposited. B. TUMF proceeds shall be imposed and collected by the City and shall be transmitted to CVAG to be placed in the Trust Fund. All interest or other earnings of the Trust Fund shall be credited to the Trust Fund. C. CVAG shall administer the Trust Fund in accordance with the Mitigation Fee Act. 3.33.050 Calculation and Collection of the TUMF A. The method of calculating the TUMF shall be described in CVAG's Transportation Uniform Mitigation Fee Handbook, a copy of which is on file with the City's Public Works Department. B. The amount of the fees due shall be the amount set forth in the applicable Impact Fee Schedule in effect at the time each fee is due. The TUMF shall be collected pursuant to the City's established procedures for the collection of development impact fees. 071 Ordinance No. 507 TUMF Adopted February 19, 2013 Page 6 of 9 3.33.060 Use Restrictions TUMF proceeds shall be solely used for the engineering, construction and acquisition of right of way for the Regional System improvements identified in the Fee Study and any other purpose consistent with this chapter. TUMF proceeds shall not be used for Regional System maintenance. 3.33.070 Exemptions and Credits A. The following developments are exempted from payment of the fee required by this chapter: 1. Low and lower -income residential housing, including single- family homes, apartments and mobile homes built for those whose income is no more than eighty percent of the median income in the San Bernardino - Riverside Standard Metropolitan Statistical Area and as determined and approved by the City Council or its designee. The sales or rental price shall not exceed the affordability criteria as established under HUD Section 8 guidelines. 2. Public buildings, public schools and public facilities, unless primarily used for lease to private, for -profit enterprises. 3. Buildings used for religious purposes but excluding other commercial properties or businesses owned by a religious institution. 4. The reconstruction of any building so long as the reconstructed building both continues a use of the same category as the prior use, and generates the same or fewer trips as the original building and reconstruction commences within one year from destruction of the building. B. Credit against the TUMF shall be given where a developer improves streets included within the Regional System beyond the City's requirements established for on -site and off -site improvements imposed upon projects. To receive a credit, the developer shall obtain in advance an agreement with CVAG pursuant to CVAG's rules and regulations. That credit shall be an amount equal to the actual engineering and construction costs incurred at the time of the development to the extent that CVAG has included those costs in its estimated cost of constructing the Regional System. Ordinance No. 507 TUMF Adopted February 19, 2013 Page 7 of 9 3.33.070 Appeal Procedures A. Any developer, who, because of the nature or type of uses proposed for a development project, contends that application of the TUMF is unconstitutional or unrelated to mitigation of the burdens of the development, may file a written appeal with the City within ninety days after imposition of the TUMF as a condition of approval or as otherwise provided by the Mitigation Fee Act. B. The appeal shall be heard by the CVAG Executive Committee in accordance with CVAG's established policies and procedures for conducting such matters. The decision of the Executive Committee shall be final. 3.33.080 Administrative Fee A. The City may impose an administrative fee in amount computed to cover the average cost to the City of processing the TUMF. The City shall establish such fee in accordance with the City's procedures for establishing service -related fees. B. The administrative fee authorized by this section shall be in addition to the fee imposed under Section 3.33.030. The administrative fee, when collected, shall be retained by the City to recover its costs. SECTION 2. 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 3. EFFECTIVE DATE: This Ordinance shall be in full force and effect sixty (60) days after its adoption. 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 Book of Ordinances of the City of La Quinta. 4 07.3 Ordinance No. 507 TUMF Adopted February 19, 2013 Page 8 of 9 PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this 19" day of February, 2013, by the following vote: AYES: Council Members NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California ATTEST: SUSAN MAYSELS, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California a.... 074 Ordinance No. 507 TUMF Adopted February 19, 2013 Page 9 of 9 STATE OF CALIFORNIA 1 COUNTY OF RIVERSIDE 1 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. 507 which was introduced at a regular meeting on the 5th day of February, 2013, and was adopted at a regular meeting held on the 19th day of February, 2013, 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 City Council Resolution No. 2006-1 15. 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 February 21, 2013, pursuant to Council Resolution. SUSAN MAYSELS, City Clerk City of La Quinta, California f 075 Tity�^FIaQ.Wr., CITY SA / HA/FA MEETING DATE: February 19, 2013 AGENDA CATEGORY: ITEM TITLE: Resolution to ,Extend the Time for BUSINESS SESSION: Completion of the Off -Site and On -Site Improvements for Tract Map No. 31910, Capistrano, La Quinta 57 CONSENT CALENDAR: _ Estates, Inc. STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Adopt a resolution to extend the time for completion of the off -site and on -site improvements for Tract Map No. 31910, Capistrano, La Quinta 57 Estates, Inc. EXECUTIVE SUMMARY: • The developer, La Quinta 57 Estates, Inc., requests a third one-year time extension of the Subdivision Improvement Agreement to complete the off -site and on -site improvements. • The developer plans to install the one remaining off -site improvement, the median landscape on Monroe Street, in March 2013. • The remaining on -site improvements will not be necessary until all of the home sites are developed in this tract. • Staff has not received any requests from residents for these improvements and therefore recommends approval of this time extension. FISCAL IMPACT: None. BACKGROUND/ANALYSIS: Tract Map No. 31910 is located west of Monroe Street, north of Avenue 58 and south of Airport Boulevard (Attachment 1). To date, the City Council has granted the following Subdivision Improvement Agreement extensions: • January 15, 2008 extended to December 6, 2008 • July 5, 2011 extended to July 5, 2012 In a letter dated January 25, 2013 (Attachment 2), the developer requests an additional time extension due to the real estate market. The attached resolution would allow for an extension, as specified in the approved Subdivision Improvement Agreement, to February 19, 2014. Remaining on -site improvements include the street paving, dry utilities, and grading in the northern half of the tract where the lots are currently vacant. ALTERNATIVES: Deny the request and stipulate that the off -site improvements be constructed by a certain date as a condition of any time extension. If the City Council would like to pursue this option, staff will prepare a conditional time extension resolution for City Council's consideration at the next scheduled meeting. Respectfully submitted, Timothy on ss n, P.E. Public W s Di for/City Engineer Attachments: 1. Vicinity Map 2. Letter from John Pedalino dated January 25, 2013 't 017 RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE OFF -SITE AND ON -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO FEBRUARY 19, 2014 FOR TRACT MAP NO. 31910, CAPISTRANO WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31910, Capistrano, La Quinta 57 Estates, Inc. on December 6, 2006; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by July 5, 2012, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the off -site and on -site improvements as required by the approved SIA is extended to February 19, 2014. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on February 19, 2014. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. G78 Resolution No. 2013- Tract Map No. 31910, Capistrano Adopted: February 19, 2013 Page 2 Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 191" day of February 2013, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: SUSAN MAYSELS, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California C 79 ATTACHMENT 1 TM 31910 CAPISTRANO Z 0 x COUNTY OF RIMISIDE 0 wc. N AVE. 55 S BUM PROJECT SITE VICINITY MAP NOT TO SCALE " - Q$O ATTACHMENT 2 C2)eJe'P1ail, nce January 25, 2013 Mr. Timothy R. Jonasson, P.E. Director of Public Works, City Engineer City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Mr. Jonasson, Please consider this request for an extension of time to complete the Onsite and Offsite Improvements for Capistrano Tract 31910. The only remaining item for the offsite improvements is the median landscaping. We have executed an agreement with Conserve LandCare to complete the median landscape improvements and have ordered the water meter from CVWD. As soon as we have the traffic control plan from Tops N Barricades, we will submit an Encroachment Permit Application with a target installation date of March, 2013. The remaining onsite improvements are as follows; Street — AC Paving for the upper half of the tract Dry Utilities — Upper half of the tract Rough Grading — 13 Lots along the north property line. The Capistrano project continues to be impacted by the most recent downturn in the real estate market. We are optimistic that within the next eighteen months the project will regain its position in the new home marketplace. We are requesting an extension to complete the onsite improvements for Capistrano until October, 2014 and look forward to initiating the process for the release of the offsite subdivision bonds by April, 2013. 78401 11 St. X-L Qulnta, C4 92253 (760) 777-9920 _tax (760) 777-9918 T4'yl 4 4a Quiorcu CITY/SA/HA/FA MEETING DATE: February 19, 2013 ITEM TITLE: Recipient for the 2013 Senior Inspiration Award Program RECOMMENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 7 STUDY SESSION: PUBLIC HEARING: Approve the recipient for the 2013 Senior Inspiration Award Program. EXECUTIVE SUMMARY: The Senior Inspiration Award provides an opportunity to recognize and honor outstanding senior citizens throughout the Coachella Valley. Each city nominates an individual to be recognized for their volunteerism within the city and Coachella Valley. FISCAL IMPACT: None. BACKGROUND/ANALYSIS: The City Council is being asked to select one outstanding senior recipient who meets the following criteria: the honoree should be at least 70 years old; reside in La Quinta; demonstrate involvement in community affairs for a lengthy period of time; and personify a healthy and active attitude and lifestyle. Staff sent out a letter (Attachment 1) to the following organizations: La Quinta Chamber of Commerce, La Quinta Historical Society, La Quinta Rotary Club, Friends of the La Quinta Library, La Quinta Arts Foundation, Friends of the La Quinta Senior Center, and Soroptimist International of La Quinta requesting nominees for the 2013 Senior Inspiration Award Program. Only one nomination was received. The nomination for Phyllis Stuchel was submitted by Kay Wolff. The nominee has met the criteria for the award and a brief synopsis is provided in Attachment 2. The Senior Inspiration Awards Luncheon will be held on Friday, April 12, 2013 at the JW Marriott Desert Springs in Palm Desert. b.: ' o82 ALTERNATIVES: Do not approve the nomination of Phyllis Stuchel. Respectfully submitted, Edie Hylton Community Services Director Attachments: 1. Letter requesting nominations 2. Biographical information for Phyllis Stuchel _ u . 083 ATTACHMENT 1 December 10, 2012 Dear: Since 1992, the County of Riverside and the nine incorporated cities of the Coachella Valley have sponsored the annual Senior Inspiration Awards. Each city selects one recipient (a single man or woman) as their outstanding senior recipient for this event. This year the event will be held on Friday, April 12, 2013 at the JW Marriott Desert Springs in Palm Desert. Please submit one or more names, along with a brief summary (maximum 150 words) on why you chose that person. The following is the criteria: • The honoree should be at least 70 years old or older; • Reside in La Quinta; • Be actively involved in community affairs for a lengthy period of time; • Deserves to receive recognition and/or may not otherwise receive recognition for their service to the community; • Personify a healthy, active and contributing attitude and lifestyle. Nomination forms are enclosed for your selections. Please complete one or more and return to Christina Calderon at the La Quinta Senior Center, 78-450 Avenida La Fonda, La Quinta, CA 92253 no later than January 31, 2013. Thank you for your assistance. It is most appreciated. Sincerely, DON ADOLPH, Mayor City of La Quinta Enclosure cc: City Council Edie Hylton, Community Services Director Christina Calderon, Recreation Supervisor �Q�SIXRA o�� 2013 Senior Inspiration Awards ATTACHMENT 2 CITY NOMINATION FORM Eligible recipients must: • be at least 70 years old • reside and/or volunteer in nominating city • be actively involved in community affairs for a lengthy period of time • deserve to receive recognition and/or may not otherwise receive recognition for their service to the community • personify a healthy, active, and contributing attitude and lifestyle Recipient Information Name: Phyllis Stuchel Phone number: (760)564-4558 Mailing address: P.O. Box 1117 Residence: 53-020 Avenida Mendoza Email address: Reason for nomination: Please see attached Quote from nominating city or organization about the recipient and their volunteer work: (Submitted by Kay Wolf) Please return nomination form no later than January 31, 2013. Email preferred: ccalderon@la- quinta.org or fax to (760) 564-5004 or mail to: La Quinta Senior Center P.O. Box 1504 La Quinta, CA 92247 085 Phyllis Stuchul (age 86) began her community work after retiring from a career in Anaheim to start a small business in La Quinta. In 1973, she moved into a home in the La Quinta Cove when it was sparsely populated and there were no churches and only one nonprofit organization (the Firebelles, support group for the volunteer fire department). Since then, she has quietly worked with non-profit groups that serve La Quinta's needy and homeless and giving one-on-one support to the poor in La Quinta. In the 1970s, Father Bluett was sent from the Diocese of San Diego to create a Catholic parish in La Quinta. Phyllis was among the original flock of a few (including the Frank Capras) who attended services in the old La Quinta Community Center building. She worked closely with Father Bluett to grow the congregation through its move to temporary quarters at Crocker Bank in Palm Desert and numerous fund-raising events that benefited the construction of St. Francis of Assisi church built in La Quinta in 1982. Phyllis found part time employment with the Capra family as 'Girl Friday" for Frank Capra over a 15-year period. After Mrs. Capra became ill, Phyllis was the only person he trusted to stay with Lucille over night when he was out of town. Phyllis has many anecdotes, memories and even memorabilia from this tenure with the famous Hollywood director and writer. Many items have been donated to the La Quinta Museum and Historical Society. In the early days before La Quinta's housing boom of the late 70s, Phyllis was known in her neighborhood as "the flower lady" for her cultivation of many flowers but especially African daisies on the three vacant lots adjacent to her home. She also installed amazing Christmas lighting and displays on those same lots. She was a local Cove institution. In the early 1990s, Phyllis began volunteering with Martha's Village and Kitchen, and helped organize the first golf tournament fundraising event, which has become an annual affair. Phyllis has continued her work with St. Francis Church, most recently assisting Sister Gabi in her efforts on behalf of the needy. Phyllis helps collect clothing and food that is distributed to the poor and homeless. She also assists those in need on an individual basis, including the homeless, working poor, and infirm. Among her other activities, Phyllis' proudest achievement was her work with Habitat for Humanity. In addition to some local volunteering, in 1998, at the age of 71, she traveled to Canton, Ohio to work with Habitat. She volunteered, with a dozen other members of an all -female crew, to construct a house for the needy over a two -week period. The greatest thrill of her life was when the crew handed the keys for the new home to a very grateful lady and her family. This was a moment Phyllis will never forget. Quote from nominating organization ("Old Town Coffee Group) about the recipients; Because of people like Phyllis, La Quinta with its diverse population enjoy a kinder and more supportive community. She is an example to us all, demonstrating what individuals can accomplish when they truly care about those who have slipped between society's cracks. 087 `ter 4 44 CITY SA / HA / FA MEETING DATE: February 19, 2013 ITEM TITLE: Professional Services Agreement for Professional Engineering Services to Prepare the Plans, Specifications and Estimates for the Adams Street Signal and Street Improvements, Project No. 2012-01 RECOMMENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: Q CONSENT CALENDAR: U STUDY SESSION: PUBLIC HEARING: Approve a Professional Services Agreement with RBF Consulting, in an amount not to. exceed $137,000, for professional engineering services to prepare the plans, specifications and estimates for the Adams Street Signal and Street Improvements, Project No. 2012-01. EXECUTIVE SUMMARY: • The proposed street improvements are located on Adams Street between Highway 111 and the south bridge approach spanning the Whitewater Storm Channel (Attachment 1). The improvements include a four -leg signalized intersection at Corporate Center Drive, with median curb, median island landscape, and irrigation. • In order to construct the new intersection, the City will require permanent easement(s) for the west leg of the signalized intersection and temporary construction easements for the reconfiguration of the parkway and parking lot in the Stater Brothers Center. • Approval of the attached Professional Services Agreement (PSA) (Attachment 2) will initiate the engineering phase of the project with RBF Consulting, who specializes in street improvements and signal design. Staff recommends approval of the PSA at this time so this design can be coordinated with the completion of the bridge improvements. lii FISCAL IMPACT: This project is included within the 2012/2013 Capital Improvement Plan with a total project cost estimated to be $720,500. The project is programmed to receive $345,000 of Transportation Development Impact Fee Funding this fiscal year. An additional $375,500 will be needed to construct this project. This action will result in a PSA for design services at a not -to -exceed cost of $137,000. Staff anticipates that this project may qualify for federal funding under the Highway Safety Improvement Program (HSIP). Once the design is underway, staff will be able to determine if this grant or other funding sources are available for construction of the improvements. BACKGROUND/ANALYSIS: On September 18, 2012, the City Council authorized staff to distribute a Request for Proposal to obtain professional engineering services to prepare the plans, specifications and engineer's estimate for the Adams Street Signal and Street Improvements. On October 18, 2012, the City received eleven proposals from qualified professional engineering consultants. Following its review of the eleven proposals, the consultant selection committee unanimously recommend that RBF Consulting be awarded a PSA in an amount not to exceed $137,000, to prepare the plans, specifications and engineer's estimate for the proposed improvements. The City does not possess the resources necessary to design the improvements in-house; therefore, hiring an engineering consultant for this work is necessary. Contingent upon the City Council's approval and authorization to obtain professional engineering services on February 19, 2013, the schedule below represents how the project is expected to proceed: City Council Authorization of the PSA Authorization to Proceed Engineering Studies* Project Design* Bidding Process Construction (75 working days) Accept Improvements February 19, 2013 February 20, 2013 February 20, 2013 — June 30, 2013 July 1, 2013 — Dec 19, 2014 Dec 22, 2014 — Jan 20, 2015 February 2015 to May 2015 June 2015 *These phases will be considerably shorter if the project does not qualify for Federal funding. 039 ALTERNATIVES: The City's Traffic Engineer has identified the need for a traffic signal at the intersection of Adams Street and Corporate Center Drive as well as additional raised medians to restrict turning movements between Highway 1 1 1 and Corporate Center Drive. Since the completion of the Adams Street Bridge later this year will only increase speeds on Adams Street, staff highly recommends that design of these improvements move forward at this time so construction costs can be better estimated and funding sources can be identified. Therefore, staff does not recommend any alternative action. Respectfully submitted, Ti othy R. J sso , E. Public Works Director/City Engineer Attachments: 1. Project Limits and Scoping Exhibit 2. PSA ��Q ATTACHMENT 2 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and RBF Consulting ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to Adams Street Signal and Street Improvements, Project No. 2012-01, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). Last revised 7-3•I2 092 1.5 Care of Work and Standard of Work. a. Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. b. Standard of Work. Consultant acknowledges and understands that the services and work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's services and work will be held to a heightened standard of quality and workmanship. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the heightened standard of work as set forth in this Agreement. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services ("Additional Services") when directed to do so by the Contract Officer. Consultant shall not perform any Additional Services until receiving prior written authorization from the Contract Officer. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforeceable. Failure of Consultant to secure the Contract Manager's written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time due, whether by way of compensation, restitution, quantum meruit, etc. for Additional Services provided without the appropriate authorization from the Contract Manager. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.2 of this Agreement. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. Last revised 7-3-12 2 k 093 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the `Schedule of Compensation") in a total amount not to exceed One Hundred Thirty Seven Thousand Dollars ($137,000) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Consultant's overall compensation shall not exceed the Contract Sum, except as provided in Section 1.6 of this Agreement, "Additional Services." 2.2 Compensation for Additional Services. Additional services approved in advance by the Contract Manager pursuant to Section 1.6 of this Agreement, "Additional Services," shall be paid for in an amount agreed to in writing by both City and Consultant in advance of the Additional Services being rendered by Consultant. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer. Any greater amount of compensation for additional services must be approved by the La Quinta City Council. Under no circumstances shall Consultant receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer pursuant to Section 1.6 of this Agreement. 2.3 Method of Billing. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, ,an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. Last revised 7-3-12 3 to 094 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit C (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Maieure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. Extensions to the Schedule of Performance which are determined by the Contract Officer to be justified pursuant to this Section shall not entitle the Consultant to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with Sections 8.7 or 8.8 of this Agreement, the term of this agreement shall commence on February 19, 2013 and terminate on June 30, 2015 (initial term). This agreement may be extended upon mutual agreement by both parties (extended term). 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Brad Donais, P.E., Vice President 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 Last revised 7-3-12 4 095 during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson, P.E., Public Works Director/City Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE 5.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages Last revised'7-3-12 5 to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement: The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured (on the Commercial General Liability policy only) shall be delivered to and approved by City prior to commencement of the services hereunder. The following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A -:VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers' Compensation (per statutory requirements) Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this Last revised 73-12 6 097 agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 5.3 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an Last revised 7.3.12 7 0,98 edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. r armvi�d 7-342 s �o,':i 099 9. Consultant agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 11. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. Lust revised 7-3-12 9 �._ 100 15. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 17. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 18. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 19. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 20. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 21. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Last revised 7-3-12 10 .r 101 6.0 INDEMNIFICATION. 6.1 General Indemnification Provision. a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 6.2 Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from Last revised 7-3-12 11 1.0`2 others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. a. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. b. Indemnification Provision for Design Professionals. 1. Applicability of Section 6.2(b). Notwithstanding Section 6.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and City's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section 6.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. Last revised 7-3-12 12 7.0 RECORDS AND REPORTS. 7.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 7.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 7.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 7.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials, including documents in electronic form, prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. Last revised 7-3-12 13 8.0 ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 8.7. 8.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. Last revised 7-3-12 14 105 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to ¢e exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 8.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 8.3. 8.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 8.3. 8.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. Last revised 7-3.12 15 1e6 9.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 9.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 9.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 10.0 MISCELLANEOUS PROVISIONS 10.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Fraink J. Spevacek City Manager 78-495 Calle Tampico P.O. Box 1504 La Guinta, California 92247-1504 Last revised 7-3-12 16 To Consultant: RBF CONSULTING Attention: Brad Donais, P.E. Vice President 74-130 Country Club Drive, Suite 201 Palm Desert, CA 92260-1655 Y.. 107 10.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 10.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 10.4 Seyerability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 10.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. (The remainder of this page intentionally left blank) Last revised 7-3-12 17 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Frank J. Spevacek, City Manager ATTEST: Susan Maysels, Interim City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: RBF CONSULTING Date By. Brad Donais, P.E., Vice President Dater Last revised 7-3-12 18 J 109 Exhibit A Scope of Services Consultant's scope of work to related to the Preparation of the Plans, Specifications, and Engineer's Estimate (PS&E) for the Adams Street Signal and Street Improvements, Project No. 2012-01 is attached and made a part of this agreement. Last revised 7-3-12 19 Scope of Work Program Exhibit A Scope of Work Program 01/21/2013 Phase 1 Tasks The City of La Quinta will be attempting to obtain HSIP Federal Funding for the construction of this project. In order to obtain the Federal Grant monies a number of tasks will be completed early on in the project development process. Following submittal of the Grant application, the project will be suspended until the City has been notified of a selected project and obligation of funds. The following tasks have been denoted as Phase 1 tasks. It is the hope and intent for the City to obtain the necessary Right of Way, both TCE and Street Right of Way, prior to the notification of Federal Funds. RBF assumes the City will be taking the lead on any necessary right of way acquisitions with RBF assisting as requested by the City. Task 1: Project Management. RBF will manage project duties for the duration of the project in order to assure a cost-efficient, quality process. As the prime contractor, our staff will provide a suite of disciplines to effectively coordinate and communicate leading to project approval. Within this task, RBF will do the following: Prepare and maintain the quality control plan Prepare monthly project documentation and invoicing Prepare and maintain the project schedule for design approval activities RBF will take an aggressive approach to ensure the timely resolution of issues. Note: This budget assumes that the project design phase will take no more than 8 months. If this project phase lasts longer, the budget for project management will be adjusted to accommodate additional meetings, monthly documentation, etc. Coordination with City of La Quinta. RBF will prepare for and attend regularly scheduled meetings with the City of La Quinta regarding the design processing, resolution of issues, strategy development, etc. Project Coordination and PDT Meetings. RBF will prepare for and attend meetings of the Project Development Team (PDT). RBF assumes 7 PDT and coordination meetings. Agency Coordination. RBF will coordinate with appropriate agencies through PDT meetings, an agency scoping meeting, and direct contact. Concerns and issues expressed by agency representatives will be documented in a database to ensure that expressed concerns are recorded, communicated to the full PDT, and addressed. Task 2: Topographic Survey and Base Mapping. RBF will provide additional Feld topographic survey to augment existing topographic base mapping information collected from our prior Adams Street Bridge project. The field topographic survey will collect existing features within the proposed intersection footprint along Adams Street from Highway 111 to the south of the Coachella Valley Storm Water Channel. The topographic data collection shall include, but not limited to, all features within the ROW and beyond to locate any existing facilities, included at a minimum, any existing utility manholes (manhole dip elevation for both storm drain and sewer), pull boxes, landscaping, existing sidewalk, curb, driveways and any other features that may be affected by the proposed improvements identified herein. The limits of the topographic base mapping will extend wide enough along Adams Street to encompass the necessary parking lot revisions to accommodate the new access location at Corporate Center Drive. Proposal 13 Adams Street Signal and Pale 1-10 Street improvemonts. Prof. #2012-01 .ffi� n Scone of Work Program Task 3: Data Collection. RBF will research the City's website and coordinate with City staff for as - built plans, and mapping information as well as contacting Caltrans for any record drawings within the project area. RBF will also conduct a field review to perform a reconnaissance of the existing conditions as they relate to the information obtained from the City. Discrepancies will be noted. Photographs from the field reconnaissance will be assembled and a copy will be provided to the City. Task 4: Utility Identification, Coordination and Base Maps. RBF will review existing utility information available from the City and contact utility owners to identify major facilities located in the project area. This information will be shown on the project base maps, and be used to determine significant impacts to facilities and the cost estimates resulting from those impacts. Utilih4nformation Requests and Coordination Utility company information and contacts will be assembled and compiled in a matrix format. An initial utility information request letter will be mailed and followed up with a phone call. RBF will request information for existing and proposed improvements planned by the utility owners in the project area. Dates of contacts, mailings and document receipts will be logged into the matrix. A follow-up mailing will include sending copies of the Utility Base Map to the utility owners, showing known utilities and requesting verification of existing facilities. Utilities to be notified will include: electrical, gas, telephone, cable, water, and sewer. Utility Base Map Preparation RBF will review record drawings, utility maps and proposed future utility improvements received from the utility companies and from the City and prepare a utility base map based upon the information provided on the drawings and maps. This Scope of Work excludes utility relocation design. Utility companies will perform design work with their own forces in preparing final utility relocation plans. No design fees have been included for the preparation of final signed plans, specifications, and cost estimates for any interim or permanent utility relocation. Utility Coordination Documentation From the start of the project, all utility information including project contacts, correspondence dates, meeting minutes and other coordination will be maintained in a three ring binder. The first sheet on the inside cover will contain a matrix of each utility company, contact name, and dates of milestone coordination efforts. A copy of the final utility coordination binder will be provided to the City at the project bidding phase of the project. RBF will review record drawings and proposed future utility improvements as provided by the Utility companies as mentioned above. This information will be placed on the utility base file. At this time RBF does not anticipate the treed to provide utility potholing, however if during the course of design it is determined potholing is necessary, RBF will provide the City with an estimate of potholing costs. Task 5: Preliminary Geometric Layout. Based on the previously approved concept plan, RBF will utilize the topographic data and base map to prepare a preliminary geometric layout verifying the limits of the proposed improvements and impacts to utility facilities and right of way. In addition, RBF will review the existing street geometry at the curb return of Corporate Center Drive. The preliminary geometric layout will POIFProposal w Adams Street Signal and .-age 2- L Street Improvements, Pro]. 412012.01 a Scope of Work Program be prepared in plan -view only and will contain proposed improvements, pavement delineation, cut/fill construction limits, utility conflicts, property/right of way lines and proposed right of way easement areas. The layout will be prepared on a two sheets, one in each intersection direction. In addition, the preliminary geometric layout will contain information on the proposed median landscaping at the northern end of the project. RBF will submit two (2) copies of the plans to the City for review, comment and approval. The approved of the geometric layout will be used as the basis of the final construction plan set. Task 6: Traffic Signal Warrants Analysis. RBF will collect daily traffic volumes for a one -day period on each approach within the intersection. It is assumed that traffic counts will be collected along the following roadway segments. D Adams Street D Corporate Center Drive In addition, intersection peak hour turning movement traffic volumes will be collected in the morning, mid- day, and afternoon peak hours (8 hours total). Traffic data collection during the peak hours will include vehicles, pedestrians, and bicyclists. RBF will prepare traffic signal warrant analysis for the installation of a traffic signal system at the intersection of Adams Street at Corporate Center Drive. The traffic signal warrants will be prepared to determine if the intersection is warranted for the installation of a traffic signal under current conditions based on the traffic volumes that will be collected. The traffic signal wan -ants will be prepared using California Manual on Uniform Traffic Control Devices (CAMUTCD). RBF will prepare a traffic study report. The purpose of this study is to evaluate and analyze existing pedestrian/bicyclist/vehicle circulation patterns and operations in order to deternne whether installation of a traffic control signal is justified at the project intersection. RBF will provide a Traffic Engineering Study Report which summarizes: existing conditions, existing pedestrian/bicyclist/vehicle circulation, references requirements and assumptions, and traffic signal warrant analysis. Supporting technical data and graphical illustrations (exhibits) will be included in the report. Three (3) copies of the report will he provided to the Client. Task 7: Right of Way Assessment & Exhibits. Based on the prepared base map and above mentioned geometric layout, RBF will prepare Right of Way assessment for the permanent road right of way as well as necessary temporary construction easements for each property adjacent to proposed widening activity. Each parcel will be depicted on separate sheets and will show existing rights of way, existing easements, required street right of way and temporary construction easements. These sheets will be utilized by the City to obtain the necessary easements for construction. Task 8: Legal and Exhibits. Based approved right of way assessment exhibits, RBF will prepare the necessary legal descriptions for the dedication of street right of way and/or construction easements within the improvement limits. This task will also include the preparation of the supporting Grant Easement documents per the City of La Quinta standards. In addition, RBF will obtain the title reports for the easement areas. At this time, RBF anticipates the preparation of a total of two legal descriptions, one for the roadway easement for the new access and the second for the temporary construction easement for modifications necessary to the parking lot and other areas as a part of the closure and relocation of the Kohl's Adams Street access across from Corporate Center Drive. Proposal N Adams Stroct Signal and S,roet Improvements. Pro]. 42012.01 M Page 3 113 Scope of Waric Program Task 9: HSIP Grant Application Preparation RBF will prepare the HSIP Grant Application and submit to the City for review and subsequent submittal to Caltrans. Phase 2 Tasks Following notification of award or non -award of HSIP Federal Funding, the City will authorize RBF to proceed with the following tasks. The level of effort for the environmental clearance will depend upon the receipt of Federal Funding for the project. Task 9: CEQA Environmental Approval. The RBF team will prepare a Categorical Exemption (CE) in support of the Adams Street Signal and Street Improvements project. Since the improvements are intended to reduce congestion and increase the level of service of the existing intersection, these improvements are anticipated to be consistent with a Class I exemption for Existing Facilities under Section 15301 of the CEQA Guidelines. Through the preparation of a Categorical Exemption, the Consultant will evaluate the environmental concerns and identify necessary conditions that qualify the project for a Categorical Exemption (15301.c ore -Existing Facilities). We will utilize the City's standard CEQA forms, making any legislative updates, as necessary under CEQA. This scope of work has been completed for a Categorical Exemption, assuming that all project criteria meet the conditions noted for the project scope. Should the City determine that project conditions do not qualify under a CE, an initial study would be required and a separate scope of work and budget would be prepared for an alternative environmental document. We will also prepare the Categorical Exclusion Form in compliance with NEPA to submit for approval by Caltrans, assuming the obligation of HSIP Funding. Task 10: NEPA Environmental Approval (Optional). A key factor in the project's NEPA clearance will be consistency and compliance with the DOT'S Environmental Handbook and Local Assistance Procedures Manual. Chapter 6, Environmental Procedures of the Local Assistance Procedures Manual provides the DDT's guidance for the development and processing of federal environmental documentation. The initial and most critical steps involve the successful preparation of a Preliminary Environmental Study (PES) Form. The PES Form will identify the necessary level of technical assessment required to support the environmental documentation for the project and generally summarize specific critical environmental issues that may affect project approval, programming, scheduling, design considerations, and project costs. On a broad level, the PES Form examines potential environmental issues associated with the project, including biological and cultural resources, air quality, noise (including air quality conformity review with the Regional Transportation Plan [RTP] and Regional Transportation Improvement Plan (RTIPI), hazardous materials, and construction -related effects. The resultant PES Form becomes the work scope for the required NEPA compliance documentation. RBF will be assisted by Parsons Brinckerholf on preparing the NEPA document. Parsons Brinkerhoff s initial effort will focus on the development leading to an approved PES Form and initiation of the recommended studies identified in the PES. Environmental issues that may require further detailed study or that may delay or affect the viability of the proposed project will also be identified through our initial efforts. All technical documentation will be prepared in conformance with the NEPA of 1969, pertinent FH WA regulations, the DOT's Environmental Handbook, CEQA, and the regulations requirements and procedures of any other responsible Public Agency with jurisdiction bylaw. A number of agencies, organizations and Proposal m Adarns Street Signal and Page e-`J Street Improvements, Proj. 1$2012-01 tg 114 Scope of Work Program consultant will be involved in this project. An important consideration is to ensure that the key players are well coordinated and kept informed regarding issues status, resolution, and schedule progress. PB will lead the environmental effort and interface with agencies and other interested parties to facilitate project delivery. Project Kickoff and Project Description The work program will be initiated with an Early Coordination Meeting that will define the parameters of the analysis, scheduling and understanding of this project. Based upon concept plan information and supporting data developed under separate engineering tasks, PB will draft a preliminary project description for review and approval by City and Department staff. Research and Investigation PB will evaluate the necessary information with respect to the proposed project. Project research will include coordination with appropriate City departments to acquire relevant environmental data, previous studies for the area and other available files, exhibits, snaps and reference documents. Preliminary Environmental Study (PES) In accordance with current Caltrans Guidelines, PB will prepare a PES Form in support of the engineering and design services to be provided by the consultant project engineer. PB will meet with City staff, the consultant project engineer, and Caltrans to define the project description and schedule and to develop a mutual understanding of the issues and impacts of the project. PB will prepare a draft PES Form using the standard Caltrans form. The draft PES Form will be reviewed amongst the project team including the City and project consultants, and revised, if necessary. Then the PES Form will be submitted to Caltrans for signature and distribution to the project team. PB's technical staff will attend one field meeting (site visit) as required by Caltrans to discuss possible environmental issues with its staff. RBF will prepare the Area of Potential Effect (APE) map. Technical Studies The following reports will be required if ground disturbing activities continence. If Caltrans District 8 determines additional studies beyond what is referenced below as part of the PES form approval, an updated detailed scope of work will be submitted: Biological Resources/Natural Environment Study - Minimal Impacts (NES-MI) A Natural Environment Study (Minimal Impacts) (NES-MI) consistent with current Caltrans guidelines will be developed based on the results of biological surveys, analyses and data compilation that will be conducted as part of a general plant and wildlife survey. The report will describe (1) the methodology used to conduct the biological surveys; (2) a qualitative description of the existing vegetation types and associated wildlife surveys found within the overall project site; (3) a table with the vegetation types present at each intersection and any potential resource issues; (4) a qualitative impact discussion identifying any potentially significant impacts and the project's relationship to the Coachella Valley Multiple Species Habitat Conservation Plan; and (5) recommend mitigation measures to reduce identified impacts. Air Quality Technical Memorandum Analysis PB will conduct an air quality analysis to satisfy NEPA, state and federal environmental requirements, and conformity provisions of the Clean Air Act Amendments (CAAA). The Air Quality Technical Memorandum Analysis shall be prepared in accordance with the latest following protocols/guidelines: Caltrans Transportation Project -Level Carbon Monoxide Protocol, FHWA/EPA Transportation Conformity Guidance for Qualitative Hot -Spot Analysis in PM2.5 and PM10 Nonattainment and Maintenance Areas, FH WA Interim Guidance Update on Mobile Source Air Toxic Analysis in NEPA Documents (updated September 30, Proposal a Adams Street Signal and Street Improvements, Proj. �!2012-01 m Page 5-D 115 Scope of Work Program 2009), and Caltrans' policy on greenhouse gas emissions. The project would fall under the Moving Ahead for Progress in the 21st Century Act (MAP-21) and would require conformity documentation. Noise Study Report A preliminary noise analysis will be prepared to support the conclusions that the project will not have a significant environmental impact resulting in "No Impact" level. These proposed improvements do not change horizontal and vertical alignments of the roadway network or increase the tmtiic volumes in the project area However changes in traffic flow may occur which can have an effect on noise levels generated by the traffic network in the project area near sensitive receiver locations. As part of the noise analysis, a background document review will be conducted of the project vicinity. A summary will be presented of the results of the background research and fieldwork. It will describe the project setting, identify and describe sensitive receptors, and discuss possible impacts, and potential abatement measures. The Noise Study Report documentation will also identify anticipated interagency coordination. Hazardous Material - Initial Site Assessment Checklist An Initial Site Assessment (ISA) checklist will be prepared in accordance with ASTM Standard Practice 1527-00 and the Department's Project Development Manual to determine if the proposed project area has the potential to be compromised by hazardous materials or wastes. The ISA checklist will be prepared based on the following objectives: (1) evaluate the potential for hazardous materials on the site based upon readily discernible and/or documented present and historic uses of the property and uses immediately adjacent to the site, and (2) generally characterize the expected nature of hazardous materials that may be present as a result of such uses. Materials that may constitute a hazardous waste include, but are not limited to petroleum products, pesticides, organic compounds, heavy metals, or other compounds injurious to human health and the environment. Field samples and laboratory analysis are not anticipated and included within this scope. Cultural Resource — Historical Properties Survey Report/Archeological Survey Report According to the Services Requested in the RFP, the proposed improvements would require ground - disturbing activities and thus require an investigation of the potential impact of the project on cultural resources. All cultural resources work will be performed in accordance with NEPA, CEQA, Section 106 of the National Historic Preservation Act (NHPA), and Caltrans guidelines and recommended procedures for prehistoric archaeological and historical archaeological resources. Cultural work would include literature searches at the Eastern Information Center (EIC) at the University of California, Riverside, and the San Bernardino County Museum and online databases, as well as archival research, Sacred Lands file searches from the Native American Heritage Commission (NAHC), letters to local Native Americans as recommended by the NAHC, an intensive -level pedestrian survey, recordation and preparation of Department of Parks and Recreation series 523 forms for any finds, and technical report preparation in compliance with Volume 2 of Caltrans' Environmental Handbook. Unless otherwise directed by Caltrans, this inventory will not include collection of cultural material. The Historical Properties Survey Report with the appended Archeological Survey Report will be submitted for Caltrans' review, and finals filed with District 8 and the EIC. Technical cultural reports will include a Historic Property Survey Report (HPSR) and an Archaeological Survey Report (ASR). Environmental Categorical Exclusion (CatEx) DraftPreliminury Environmental Evaluation Working in consultation with the relevant agencies, PB will prepare a draft statement of NEPA Purpose and Need. In cooperation with the agencies and the project engineer, PB will use the Project Description for each of the alternatives to be considered to meet the Purpose and Need. The establishment of Purpose and Need along with the project description are critical to the success of the project. The Purpose and Need/project objectives will require approval by the City and Caltrans. Proposal 'a Adams Street Signal and Street Improvements, Proj. 42012.01 9 Page 6-D 116 Scope of Viork Program This scope of work is based upon a no -build and one build alternative PB will prepare the Categorical Exclusion (CatEx) per Caltrans and FHWA guidelines; its format will be determined in discussions with the agencies. Final Preliminary Environmental Evaluation PB will incorporate the City and Caltrans comments into the Environmental Evaluation. Screencheck Draft Environmental Document (Catex) RBF will incorporate the Purpose and Need/Project Description from prior task(s) and the technical studies into the screencheck document. PB will provide the Screencheck CatEx to agencies for review and comment, and then revise it in response to the agencies' comments. A revised Screencheck CatEx will then be provided to the agencies for review and comment, and it will be revised again in response to the agencies' comments. Draft Categorical Exclusion (CatEx) Based on the previous task, PB will draft the CatEx for submittal to Caltrans for their review and approval. There is no public circulation requirement for this level of environmental documentation. Environmental Commitments Record Prior to City approval of the proposed project, PB will prepare an environmental commitments record, including monitoring forms, to assist the City in implementing the avoidance and minimization measures contained in the CatEx. Task 11: Project Management (NEPA— Optional Task). If the project will require NEPA approval, the project schedule and subsequent project management activities will increase due to the processing time with Caltrans on the NEPA process. RBF will manage project duties for the duration of the project in order to assure a cost-efficient, quality process. As the prime contractor, our staff will provide a suite of disciplines to effectively coordinate and communicate leading to project approval. Within this task, RBF will do the following: Prepare and maintain the quality control plan Prepare monthly project documentation and invoicing Prepare and maintain the project schedule for design approval activities RBF will take an aggressive approach to ensure the timely resolution of issues. Note: This budget assumes that the NEPA process will take approximately 9 months to complete. If this project phase lasts longer, the budget for project management will be adjusted to accommodate additional meetings, monthly documentation, etc. Coordination with City of La Quinta. RBF will prepare for and attend regularly scheduled meetings with the City of La Quinta regarding the design processing, resolution of issues, strategy development, etc. Project Coordination and PDT Meetings. RBF will prepare for and attend meetings of the Project Development Team (PDT). RBF assumes 7 PDT and coordination meetings. Proposal W .Adams Street Signal and Rage 7-D Street Improvements. Proj. 42012.01 of ami09� , ill Scoria of Work Program Agency Coordination. RBF will coordinate with appropriate agencies through PDT meetings, an agency scoping meeting, and direct contact. Concerns and issues expressed by agency representatives will be documented in a database to ensure that expressed concerns are recorded, communicated to the full PDT, and addressed. Task 12: Improvement Plans. Based on the approved Preliminary Geometric Layout, RBF will prepare the appropriate intersection and median improvement plans including a project title sheet, typical sections, construction details, horizontal alignment layout plans, vertical profiles, grading, drainage, and cross sections of the proposed roadway improvements and signal modification improvements and submit to the City for review and comment. This base task includes the preparation of the following plan sheets: • Prepare a project title sheet consisting of the City standard sheets along with pertinent notes and location maps. • Prepare typical cross sections for the roadway at intervals that adequately represent changes in roadway cross-section. The typical sections will identify existing and proposed improvements. • Develop the final horizontal layout and the vertical profile for the proposed roadway based on the approved alignment layout and City comments. • Prepare street layout plan and vertical profile drawings for all roadway improvements. The street layout plans will also include removals, grading, and drainage schemes based on the approved preliminary design. • Prepare median landscape plan in conformance with the preliminary with the approved preliminary geometric layout plan and submit to the City for review at 90%, 100% and preliminary Final. Mylar plan sheets will be submitted after the approved of the preliminary Final plan submittal package. • RBF will prepare final roadway plans in conformance with the approved preliminary geometric layout plan and submit to the City for review at 90%, 100% and preliminary Final. Mylar plan sheets will be submitted after the approved of the preliminary Final plan submittal package. Project Title Sheet along with pertinent CIP construction notes and location maps. Typical Sections for the roadway at intervals that adequately represent changes in roadway cross-section. The typical sections will identify existing and proposed improvements. Construction Details for items such as curb ramps, curb & gutter transitions, and other items as necessary to provide the Contractor with adequate information to properly construct the roadway. Layout Plan and Vertical Profile Sheets for all roadway improvements. The street layout plans will also include removals and grading requirements based on the approved geometry. RBF is under the assumption that the City will wish to slurry seal the full street width to eliminate the existing striping pattern and provide a clean surface for the proposed striping layout. Storm Drain Plan for the modification to the two existing catch basins north of Highway 111. The storm drain plan will be prepared one plan and profile sheet, at a scale of P=40'. Signing and Striping Plans for all necessary traffic signing and striping for the proposed intersection improvements within the above mentioned base project limits. The plans will be prepared in accordance with the City's and Caltrans' latest Standard Plans and Specifications. Proposal :u Adams Stroat Signal and Page $-0 Street improvements, Proi. #2012.09 n Scope at u+nrk grogram Traffic Signal Plan for the proposed signal at Adams Street and Corporate Center Drive. RBF will research and review available data for use and reference for preparation of the Traffic Signals. Following a field walk and review of available plans of the intersection, RBF will identify any potential constrains that may be encountered in relation to proposed improvements. It is anticipated that construction notes will be provided for the installation of traffic signal interconnect to the Adams Street/Highway I I I intersection. RBF will prepare traffic signal and intersection lighting modification plan for one traffic signal system. The traffic signal and intersection lighting modification plan will be prepared at 1"=20' scale and in accordance with standards set forth by the City and Caltrans. A traffic signal detail sheet will be included showing traffic signal equipment details. In addition to the above mentioned plans, RBF will prepare roadway cross sections identifying existing and proposed ground at 50 foot intervals over the length of the proposed widening for the purpose of earthwork calculations. RBF will prepare final roadway plans in conformance with the approved concept plans and submit to the City for review at 90%, 100% completion and preliminary Final. Mylar plan sheets will be submitted after the approved of the preliminary Final plan submittal package. Task 13: Specification and Bid Document. RBF shall prepare construction specifications, using the City provided "boilerplate" for the contract documents and general provisions. Technical specifications shall be prepared for construction of each item of work in the Project. In addition, RBF will fill out the bid schedule, matching the item number with their corresponding specification and line item in the Engineers Estimate. Prior to the publication of the final package, RBF will review the document. Specifications will be provided starting with the 90% plan submittal. RBF will prepare the following items for the Bid Document: Project Description including all major work items, working days, liquidated damages based on Caltrans Specifications, contractor submittals prior to mobilization, special traffic control requirements or coordination, all of section 4000, and bid schedule. Task 14: Engineers Estimate. RBF will prepare a preliminary cost estimate of the proposed improvements based upon the approved preliminary design plans, utilizing the current edition of the Caltrans Contract Cost Data Book and recent bid information from area bids for unit costs. Based on the final design plans, RBF will prepare a final opinion of probable construction costs estimate, with each bid item entry matching the corresponding Bid Schedule and Specification. The final cost estimate will be utilized by the City staff for evaluation and comparison of the Contractor's bid results. The probable construction cost estimate will be submitted to the City at Plan Submittal Stages 90%, 100%, Preliminary Final and Mylar. Task 14; Services During Bidding. The City will complete the bid documents, advertise the project for bidding and distribute the plans to prospective bidders. The City's project coordinator will be the designated person to receive contractor inquiries. RBF's project manager and project staff will assist the City as requested during the bidding. The work may include answering questions, providing consultation and interpretation of the construction documents, and assisting the City in preparation of addenda to the PS&E during the advertisement period. RBF will attend the pre -bid and pre -construction meetings unless otherwise notified by the City. At the request of the City RBF will attend the bid opening and provide analysis of bids. For this task RBF assumes 12 total hours, to be billed Time and Materials on a percentage complete basis. Task 15: Post Design Services. RBF's project manager and project staff will be available to assist the City during the construction process. A budget amount has been prepared to provide a minimal amount of Proposal m Adams Street Signal and Street Improvamants, Proi. 92012.01 tit Page 9-D 119 Scope of Work Program post design services. This budget may require adjustment depending on the level of Consultant involvement required during construction. Upon written request by the City, the Consultant shall provide the following construction support services: Assist the City during construction by responding to Request for Information (RFI), clarifying drawings, and generally assisting the City to ensure that the project is constructed in accordance with the plans and specifications. Provide advice and technical support for construction change orders. For this task RBF assumes 24 total hours, to be billed Time and Materials on a percentage complete basis. Exclusions Consulting services relating to any of the following tasks may be completed by RBF Consulting if negotiated under a separate contract for an additional fee; but are presently excluded from this Agreement: ➢ Traffic Signal Communication Plans ➢ Engineering and or Geotechnical Reports ➢ Signal Timing and Coordination Plans ➢ Stage Construction/Traffic Handling/Traffic Control Plans ➢ Encroachment Permit Fees FBFProposal v Adams Stroet Signal and Street Improvements, Pro]. 42012-01 U age 10-D 120 Exhibit B Schedule of Compensation Payment shall be on a "Fixed Fee" basis for the Base Contract Amount in accordance with the Consultants Schedule of Compensation attached herewith for the work tasks performed in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed One Hundred Thirty Seven Thousand Dollars ($137,OOO) except as specified in Section 1.6 - Additional Services of the Agreement. Base Contract Amount: $ 69,330.00 Reimburseable Budget: s 1,000.00 Optional Task 11 (NEPA Env Doc): $ 51,130.00 Optional Task 12 (NEPA PM Svs): $ 9,180.00 Optional Reimbursable Budget (NEPA): $ 1,200.00 Optional T&M Tasks: $ 5,160.00 Total Not to Exceed Fee: $137,000.00 The project includes optional tasks. The Consultant shall not proceed with any optional task unless authorized in writing by the City of La Quinta. Last revised 7-3-12 20 121 EXHIBIT B COST PROPOSAL _ ,5 z ADAMS STREET SINGAL AND STREET IMPROVEMENTS N C A °ci?.- Company January 21, 2013 Hours Fla.Hwrs Fee Hours Fes Hours Fee Hours Fee Hours Fen Hoes Fae Hours Fea Fee Hours Fea PHASE 1 1 Project Management 24 $1 g0 10 11 $0 $0 $0 $0 6 li 6 40 $6,750 2 Topographic Survey 6 Base Mapping $0 $ $0 $0 2 $310 10 1 6 $1,290 $0 18 $2,650 3 Data Collection $0 so a 11080 $0 $0 a $840 pc $0 16 $1.920 4 Witty ldenORcli 3 Coordination 2 $420 $0 10 11 $0 $0 4 5420 $0 $0 16 $2,120 5 Preliminary Geometric Layout 1 $210 2 ill 19 $2,43C a Sago N 6 $630 $0 $0 35 $4,480 6 Signal Warrant Analysis 2 $420 a $1,320 20 - 11 $0 $0 6 1 $0 $0 $900 36 $5,970 7 Right of Way Asseasnal B Exhibits 1 $0 1 $0 8 $1,080 1 $0 $0 6 $630 $0 $0 14 $1.710 S Legal and Exhibils(x2) 1 $0 SO $0 1 $0 9 $1,395 17 $1,1a5 $0 $0 $1,500 26 $4,680 9 HSIP Grant Application Preparation 4 it $0 6 $810 $D $0 $0 SO 4 $240 14 $1,090 PHASE 2 10 CEOA Envimnmenlal Approval $0 2 $330 1 $0 1 $0 1 $0 26 $2,940 1 $0 2 $120 1 32 $3,390 11 NEPA Environmental Approval SEE OPTIONAL TASK BELOW FOR INFORMATION 12 Project Management -Ill Processing SEE OPTIONAL TASK BELOW FOR INFORMATION 13 Improvement Plans 16 $3,350 26 $4.290 96 $12,960 38 $4,180 0 $ 12 $1.260 0 $o 0 $0 168 $26,050 14 Speoiticallon and Bid Dowment 2 11 8 $1,320 20 $2,700 $6 $ $0 $0 so 39 $4.440 15 Engineers E.U.M. 1 $210 2 $330 12 $1620 $0 10 $1.050 $0 $0 25 $3.210 SUBTOTAL 52 $10,920 48 $7.920 208 $28.080 46 $6,060 17 $1,705 107 $11,236 6 57,290 12 $720 $2,400 490 $69.330 REIMBURSABLE $1,000 $1,000 TIME AND MATERIALS TASKS 78 Services Daring Bidding 2 $420 $0 10 11 $0 80 $0 $0 $0 12 $1,770 17 Pom Design Service. 2 $420 1 $0 22 $2,970 1 $0 $0 $0 so $0 24 $3,390 PROJECT TOTA 66 $11,760 48 $7,920 240 $32,400 46 $6,060 17 $1,705 107 $11,235 6 $1,290 12 $720 $2,400 526 C74,490 Hours Fed Hours Fee Houra Fee Hours Fee Hours Fee Hours Fee Hours Fee Houra Fee Fee Hours Fee OPTIONAL TASKS 11 NEPA Environmental Approval Project l0ckoH8 ProJact Description $C $0 $0 $0 $0 $0 $0 $0 $1,60C 0 $1,600 ResearchBNvestigaki.n $0 $0 $0 SO $0 $0 $0 $0 $1,900 0 $1,900 Preliminary Environmemal Study $0 $0 $0 SO $0 $0 ED $0 $7,300 0 $7,300 Area of Polential Effect Map $0 80 6 $1,080 i0 $0— $0 $0 $0 a $1,080 Natural Environment study - Minimal Impact $0 so $0 50 SO $0 $ $0 $7,700 0 $7,700 Air QualityTechnical Memorandum $0 $0 SO $0 SO $0 $o $0 $6,950 0 $6,950 Noise Study Report $0 $0I $0 $0 $0 $0 S0 $9,000 0 $9.000 Hazardous Materials- Initial Site Assessment Ch. ran $0 $0 SO $0 30 $0 $0 $6,6 D $6.600 Cultural Resource(HPSWASR) $0 $0 $0 $0 $0 $0 $0 $7.500 C $7.500 Categorical Exclusion (CatEx) $0 $0 s0 s0 $0 $0 $0 $t 5DD 0 $1,500 12 Project Management -NEPA 32 $5,040 EO $0 $D $0 $0 6 $360 53,760 38 §9,180 OPTIONAL SUBTOTA 32 §b,040 0 §0 8 0 $0 0 $0 0 $0 0 $0 6 S360 $63,830 48 $60,310 REIMBURSABLE $1,200 $1, 000 i Adams Steel Signal Intersection lmprovemarlls PW.2 Exhibit C Schedule of Performance Consultant shall complete all services identified in the Scope of Services, Exhibit "A" of this Agreement in accordance with the attached Project Schedule, attached hereto and incorporated herein by this reference. Last revised 7-3-12 21 124 EXHIBIT C Adams Street Signal & Street Improvements City Proj. No. 2012-01 City of La Quetta R',w -Wt F 2 4. 1 110 011 -M .n WW,7-� la., U.y 'iiln, mu vzuv 2 .1.11 d �Wll �U..a cXvWrlwa EF lT LqY nJ EartW Rep 6JYv T 91N13 Mvn'Wa, Yl 2 -T- 416'4 Wed-41-17141 20; Cib'Appe4.,L.E uYl Mm 4OM3 FdEll.w, ...,P 33i 25days: F4�ZWU-Ti�.mwd'. wft,.ftP. ftpoll P, 175.... T- W.I. 1w., P"—... iraewr vf� T-VIV13 T..<IIMI - dn; D..aI& d.,i=w w; nr, GpP.... D ... IW. . CC4pvlan co'.. ?a lw"N.— 22 dayaLM" 1V2Vt4 71, 1GG15, Mm� P-- I - 2 nesnull sr 1seu13 U1 Exhibit D Special Requirements The project is seeking Highway Safety Improvement Program (HSIP) funds administered through the California Department of Transportation (Caltrans). If HSIP Funds are obtained for the project consultant shall comply with the requirements of 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31 et seq.; 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, and Caltrans Local Procedures Manual Processing Procedures for Implementing Federal and/or State Funded Local Public Transportation Projects. Debarment And Suspension Certification. TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The Consultant's signature affixed to this Agreement shall constitute a certification, under penalty of perjury, that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, and 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 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 3 years. Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Agreement. Signing this Agreement on the signature portion thereof shall also constitute signature of this Certification. 1. Rebates, Kickbacks Or Other Unlawful Consideration. The Consultant warrants that this contract 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, City shall have the right in its discretion; to terminate the contract 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. Last revised 7-3-12 22 2. Prohibition Of Expending Local Agency State Or Federal Funds For Lobbying. A. 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 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. B. 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, US. 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. C. 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. 3. Certifications. Caltrans LAPM Exhibits 10-F Certification of Consultant and 10-G Certification of Local Agency, are attached and a part of this Agreement. it 121 4. Cost Principles. A. Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 at seq., shall be used to determine the allowability of cost individual items. B. 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. C. Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 at seq., are subject to repayment by Consultant to the City. 5. Retention of Records/Audit — Supplements Agreement Section 7.2 For the purpose of determining compliance with Public Contract Code 10115, at 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 contract pursuant to Government Code 8546.7; the Consultant, subcontractors, and the City shall maintain 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 contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. The state, the State Auditor, City, FHWA, or any duly authorized representative of the federal government shall have access to any books, records, and documents of the Consultant that are pertinent to the contract for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. Subcontracts in excess of $25,000 shall contain this provision. ..M 128 Local Assistance Procedures Manual EXHIBIT 10-F Certification of Consultant Commissions & Fees EXHIBIT 10-F CERTIFICATION OF CONSULTANT, COMMISSIONS & FEES I HEREBY CERTIFY that I am the Vice President , and duly authorized representative of the firm of RBF Consulting a Company of Michael Baker whose address is 74130 Country Club Dr, Suite 201. Palm Desert CA 92260 , and that, except as hereby expressly stated, neither I nor the above firm that I represent have: (a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this agreement; nor (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the agreement; nor (c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind, for or in connection with, procuring or carrying out this agreement. I acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this agreement involving participation of Federal -aid Highway funds, and is subject to applicable state and federal laws, both criminal and civil. 1121/3 (Date) (Signature) Distribution: l) Local Agency Project File ( Original & Contract) 2) DLAE (with contract copy) Page 1 OB 12-03 June 20, 2012 Local Assistance Procedures Manual EXHIBIT 10-G Certification of Local Agency EXHIBIT 10-G CERTIFICATION OF LOCAL AGENCY I HEREBY CERTIFY that I am the Public Works Director/City Engineer of the City of La Quints and that the consulting firm of RBF Consulting ,or its representative has not been required (except as herein expressly stated), directly or indirectly, as an express or implied condition in connection with obtaining or carrying out this Agreement to: (a) employ, retain, agree to employ or retain, any firm or person, or (b) pay or agree to pay, to any firm, person or organization, any fee, contribution, donation, or consideration of any kind. I acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this Agreement involving participation of federal -aid highway funds, and is subject to applicable state and federal laws, both criminal and civil. (Date) Distribution: 1) Local Agency Project File ( original & Contact) 2) DLAE (with contact copy) Timothy R. Jonasson, P.E. Page 1 OB 12-03 June 20, 2012 T;+r of 1wQu%ar�, CITY/SA/HA/FA MEETING DATE: February 19, 2013 ITEM TITLE: Overnight Travel for the Community Services Recreation Supervisor to Attend the California Parks and Recreation Society Conference in San Jose, California RECOMMENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize overnight travel for the Community Services Recreation Supervisor to attend the California Parks and Recreation Society Annual Conference. EXECUTIVE SUMMARY: Staff is requesting to attend the 2013 California Parks and Recreation Society (CPRS) Conference held in San Jose, CA from March 5 through March 8, 2013. The educational sessions and networking offers an opportunity to learn from other parks and recreation professionals to gain new insight on local, regional, and state trends. FISCAL IMPACT: The costs associated with this conference will be funded through the Community Services Administration Travel, Training and Meetings Account. The estimated expenditures are as follows: Airfare $350 Lodging ($110/day x 3 days) $330 TOTAL $680 Registration $0 ($399 — paid for by CPRS District 11) BACKGROUND/ANALYSIS: The CPRS annual conference gathers parks and recreation professionals and commissioners from all areas of the State of California to network and share information on issues of common interest. Staff receives information on current federal, state and county policies, marketing strategies, recreation and event programming and facility trends. 131 Last year Mr. Tustin Larson was elected President -Elect of CPRS District 11, the second largest district in the state (representing 59 member cities and agencies from Riverside and San Bernardino Counties). This year he will transition into the role of President. As part of the transition, attendance of the leadership forums and state board meetings held at the conference is critical. Mr. Larson attended the 2612 conference on his own, and has asked that the City support a portion of the costs for this training. ALTERNATIVES: Do not authorize overnight travel for the Community Services Recreation Supervisor. Respectf ly submitted, Edie Hylton Community Services Director 132 Titif 4 4 a" CITY SA / HA / FA MEETING DATE: February 19, 2013 ITEM TITLE: Development Improvement Agreement with SoCal Portfolio I LP for Reimbursement from Settlement Funds for Off -Site and On -Site Improvements Associated with Tract 30138 RECOMMENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: 10 STUDY SESSION: PUBLIC HEARING: Approve the Development Improvement Agreement with SoCal Portfolio I LP for reimbursement from settlement funds for the design and construction of eligible off -site and on -site improvements associated with Tract 30138, and authorize the City Manager to execute said agreement subject to minor revisions by the City Attorney. EXECUTIVE SUMMARY: • The City received a surety company bond settlement of $1 million for the design and construction of certain off -site and on -site improvements associated with Tract 30138 including adding a second westbound lane on Avenue 52 and constructing a landscaped median and parkway along the project's frontage. • The new owner of the property, SoCal Portfolio I LP, desires to take the lead in designing and constructing these improvements. The City, as well as SoCal Portfolio, is interested in having the Avenue 52 improvements completed before the 2013 Coachella Valley Music and Arts Festival. • The Development Improvement Agreement (Attachment 1) lists the order of completion of the improvements, requires that the first improvement be the widening of Avenue 52 along the project frontage and describes the manner in which the developer will be reimbursed from the settlement fund for the completion of eligible improvements. 133 FISCAL IMPACT: None to the General Fund. settlement funds. BACKGROUND/ANALYSIS: All developer reimbursements will come from The City Attorney's Office has been working with the developer attorney and City staff to craft the agreement. A sum of $75,000 has been set aside from the settlement proceeds for: 1) fugitive dust control issues, 2) grading security, and 3) to address mechanics liens should they arise after improvements are accepted by Council. The $75,000 will be eligible for developer reimbursement only after the mechanic's lien filing period has expired. Attachment 2 is a vicinity map of the tract. ALTERNATIVES: Direct staff to incorporate the Avenue 52 off -site street improvements into the City's Capital Improvement Program. However, due to the length of time necessary to bid these improvements, construction would have to occur until this summer after the 2013 concert season. Respectfully submitted, d0T' othy ona s n, P.E. Public Wo s Dire for/City Engineer Attachments: 1. Development Improvement Agreement 2. Vicinity Map for Tract 30138 134 ATTACHMENT1 DEVELOPMENT IMPROVEMENT AGREEMENT THIS DEVELOPMENT IMPROVEMENT AGREEMENT ("Agreement") is made and entered into as of January _, 2013 ("Effective Date) by and between the CITY OF LA QUINTA, a municipal corporation operating pursuant to a Charter adopted by it as authorized by the State of California ("City") and SOCAL PORTFOLIO I LP, a Delaware limited partnership ("SoCal'). City and SoCal are sometimes referred to herein separately as a "Party" and jointly as the "Parties." RECITALS: A. SoCal is the current owner in fee of that certain real property located in the City, Riverside County ("County"), California ("State"), described in Exhibit "A" ("Property'). B. While the Property was under prior ownership, the City approved Tentative Tract Map No. 30138 and Conditions of Approval ("Conditions of Approval') for that tentative tract map. On October 13, 2006 City and La Quinta Developers, LLC, ("La Quinta Developers'), a prior owner of the Property, caused to be recorded Tract Map 30138 ("Map') as Instrument No. 2006-0757452. Pages 31 to 35, inclusive, of Maps in the Office of the County Recorder of the County. The Property, together with the recorded Map and approved Conditions of Approval, has been referred to from time to time as the "Diamante Project," the "Diamonte Project" and the' "Monaco Project"; for clarity purposes, the Property, the Map and the Conditions of Approval shall be referred to herein simply as the "Project„ C. While under the ownership and control of La Quints Developers, certain initial actions were taken to commence development of the Project. Those actions included posting with the City certain labor and material bonds and performance bonds (collectively, the "Bond') issued by Travelers Casualty and Surety Company of America ("Travelers') in favor of the City as beneficiary for certain improvements related to the Project, some of which are subdivision improvements (referred to herein as "On -Site Improvements') and some of which are improvements within the public rights -of -way (referred to herein as "Off -Site Improvements') (the On -Site Improvements and the Off -Site Improvements are sometimes referred to herein collectively as the "Improvements'). The Improvements are set forth in Exhibit "B" and Exhibit "C" hereto. D. La Quinta Developers subsequently lost ownership of the Property. A dispute then arose between Travelers and the City regarding the unfinished bonded Improvements and the use of the principal amounts on the Bonds. A settlement was reached according to terms set forth in that certain "Settlement Agreement" dated December 5, 2012, whereby Travelers agreed to pay to the City $1,000,000.00 (the "Bond Fund') in final and complete settlement of all obligations of Travelers concerning the Project, and City agreed to accept the Bond Fund in full settlement. Said funds have been collected by the City, and have been placed in a separate bank account for use as specified in this Agreement E. City desires that the Off -Site Improvements and certain of the On -Site Improvements be completed and has proposed to SoCal that City will make available to SoCal wrM0615.00WA2925?.117J14no12 135 the Bond Fund if SoCal agrees to complete those Off -Site Improvements and the specified On - Site Improvements as a priority (collectively, "Priority Improvements" as identified in Exhibit "Whereto), and that if SoCal so agrees, then the balance of the Bond Fund (if any) could be used by SoCal for other On -Site Improvements. F. As of the Effective Date SoCal has identified certain plans and specifications (collectively, the "Plans") previously prepared for the Project, which are in various stages of completion and or prior approval. The Plans are specifically identified in Exhibit "F." G. The City is agreeable to using the Bond Fund to complete the Improvements (with emphasis on the Priority Improvements) to the extent of the available Bond Fund. Based on the foregoing Recitals, and in consideration of the covenants, terms and conditions set forth hereinafter, the Parties agree as follows: Recitals. 1.1 Recitals True and Correct. The Recitals are true and correct. 1.2 Defined Terms. All defined terms therein are adopted below. 2. Improvements: Use of Bond Fund. 2.1 General Contractor. SoCal shall enter into a contract ("General Contract") with a General.Contractor, licensed and insured in the State of California. Until such time as the General Contract is fully executed, the SoCal Contact Person (defined below) shall be the contact person for SoCal. As soon as the General Contract is executed, SoCal will notify City of the General Contractor and its contact person who thereafter shall be the authorized agent of SoCal and shall be the Contact Person for SoCal. Through the General Contractor, SoCal shall cause the completion of the Improvements pursuant to the Approved Plans (defined below), to the extent reasonably possibly, and subject to the terms and conditions herein, including the availability of proceeds from the Bond Fund. The City may use proceeds from the Bond Fund as compensation for costs incurred by the City due to the default of La Quinta Developers, including but not limited to, legal and administrative costs. SoCal will cause the General Contractor to apply and pay for an encroachment permit for constructing improvements in the public right-of-way. 2.2 Insurance. SoCal agrees to require General Contractor to carry a policy of Commercial General Insurance naming City and SoCal as additional insureds as to the Improvements, with coverages in accordance with the terms specified in Exhibit "E." 2.3 Construction Schedule. After the General Contractor is hired, SoCal and General Contractor shall prepare and submit to the City an estimated construction commencement, progress and completion schedule ("Construction Schedule'J. The wCN"15.0004429251.112114Ft012 2 130 Construction Schedule will be updated from time to time as processing, construction and Force Majeure conditions (defined below) affect it. 2.4 Priority Improvements. Commencement of, and completion of, construction the Priority Improvements shall be a priority in the General Contract and in the Construction Schedule, but it is understood that other Improvements might require completion in order to facilitate work on the Priority Improvements. 2.5 Expedited Reviews and Approvals. City agrees to provide expedited review for all plans (both new and as refreshed as previously approved plans) and for any permit applications that require City approvals or issuance. This expedited review and approval process shall be coordinated through the City Contact Person (defined below). 2.6 City Assistance. City agrees to assist SoCal and General Contractor, as reasonably possible, with all processing with Coachella Valley Water District ("CV WD'D and the La Quinta City Fire Department ("Fire Department") and all other public agencies regarding processing and approval of plans necessary in connection with the Improvements, and including obtaining all rights -of -way and other permits required for the Improvements. 2.7 Prevailing Wages. As City is a charter city and has elected under its charter not to be subject to the State's prevailing wage requirements, construction contracts entered into by SoCal and General Contractor requiring the use of the Bond Fund shall not be required to be subject to such prevailing wage requirements. 3. Bond Fund. Payment of Construction Invoices. 3.1 Approved Plans. Once the General Contract is executed, General Contractor shall cause commencement of construction of the Improvements in accordance with the Construction Schedule, emphasizing focus on the Priority Improvements in the order as listed in Exhibit `D." Initial emphasis by General Contractor shall be to work with City, CVWD and Fire Department to refresh previously approved plans and gain final approval for any previously uncompleted and approved plans for each of the Improvements (collectively when approved, the "Approved Plans"). The City shall have the final say and control over the priority of the Improvements to be constructed with the Bond Fund, as well as the expenditures to be made from the Bond Fund. The City shall have no liability for any construction or other costs which exceed the balance of the Bond fund. 3.2 Processing. Approval and Payment of Invoice Package. Subsequent to commencement of construction, SoCal shall submit to the City, on not less than thirty (30) day cycles ("Invoice Submittal Date'), an Invoice Package (defined below) for work completed during the period which is the subject of the Invoice Package. City will have ten (10) business days within which to notify SoCal of any deficiency claimed by City in the Invoice Package, and City, SoCal and General Contractor shall promptly meet and attempt in good faith to resolve such issues. City shall, not later than thirty (30) days following the Invoice Submittal Date, pay to SoCal from the Bond Fund Account the invoiced amount, less any amount disputed by the City. SoCal may request preapproval of expenses prior to incurring the charges to ensure that 1211412012 13l the expenses are eligible for reimbursement. The City Engineer is authorized to preapprove these expenses, in writing, on behalf of the City. 3.3 Invoice Package. The Invoice Package shall consist of the following: a. The Invoice on form previously agreed to by City and General Contractor, reasonably describing the Improvement work (including all fees, charges and other costs incurred General Contractor or SoCal) by invoiced for and its relation to the Construction Schedule and the Priority Improvements (if applicable); b. All appropriate lien releases (or partial lien releases); c. Certification by a California licensed civil engineer that the Improvement work (or discrete component thereof) has been completed in accordance with the Approved Plans. 3.4 Withholding of Funds The City shall withhold $75,000 out of the Bond Fund to cover expenses associated with (a) jobsite dust control; (b) remedial grading, if needed due to default or non-performance of General Contractor, in order to make the jobsite safe; and (c) payment of any claims, stop notices, or mechanic's liens filed against the City as a result of work on the site. At the conclusion of 35 days after City Council acceptance of the Improvements, the $75,000 would become eligible for reimbursement to SoCal for completion of additional eligible Improvements. 4. Insurance. 4.1 Commercial General Liability Insurance. General Contractor shall be required, through the General Contract, to carry the insurance coverage ( at a minimum) described in Exhibit " B" in full force at all times during construction of the Improvements, with City and SoCal named as additional insureds. 5. Construction Schedule: Force Majeure. 5.1 Adherence to Construction Schedule: Unavoidable Delays. While General Contractor will be required. to exercise reasonable best efforts to adhere to the Construction Schedule, particularly as it pertains to the Off -Site Improvements, it is understood that the Construction Schedule is a good faith estimate of General Contractor's completion of the Improvements, and is subject to modification, from time to time, by General Contractor as elements effecting that schedule arise, including unavoidable delays ("Force M*ure') caused by earthquake, flood, inclement weather, industry -wide labor strikes, shortages of required. materials, spill of hazardous substances, or interferences by public agencies requiring modifications to the Approved Plans, work schedules, or methods of operation wcxtu0615MORA29W.1 >anamrz 4 138 5.2 No Third Party Beneficiary. The Parties agree that they do not intend that the General Contractor is a third party beneficiary under this Agreement, and agree that the General Contractor has no right to enforce the provisions of this Agreement. 6. Fees, Refunds and Reimbursements. 6.1 Fees: Devosits. SoCal shall be entitled to full credit for all fees and deposits previously made by La Quinta Developers or any other prior owner of the Project, and in the event City has raised or increased such fee or deposit requirement after the date originally Horde, then SoCal shall be required to pay or deposit only the difference between the original paid fee or deposit and the new fee or deposit. 7. Notices. 7.1 Acceptable Methods for Notice. All notices, consents and communications to a Party or to the General Contractor shall be in writing and shall be deemed to have been duly given when (a) delivered by hand with a signed delivery receipt requested, (b) sent by facsimile (with receipt confirmed), provided a copy is mailed on the same day by registered mail, return receipt requested, or (c) received by the addressee, if sent by U.S. Mail or Express Mail, Federal Express or other express delivery service (receipt requested), in each case, to the appropriated addresses and telecopier numbers set forth below (or to such other addresses or telecopier numbers as a Party or General Contractor might designate as to itself by notice to the others). 7.2 To the City: All notices to the City shall be delivered to the following: Frank Spevacek City Manager City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Telephone: (760) 777-7030 Facsimile: (760) 777-7155 Email: citymanagersoffice@la-quinta.org with copy to M. Katherine Jenson Rutan & Tucker, LLP 611 Anton Blvd., Suite 1400 Costa Mesa, CA 92626 Telephone: (714) 641-3413 Facsimile: (714) 546-9035 Email: hjenson@rutan.com wr H"15.000"2msvl 12114012 5 139 7.3 To SoCal: Until the General Contract becomes effective and the General Contractor is identified, all notices to SoCal's authorized agent shall be delivered to the following: Jonathan M. Weldy Meridian Land Development Co. 19153 Town Center Drive, Suite 106 Apple Valley, CA 92308 Telephone: (760) 240-5511 ext. 222 Cell: (909) 380-9919 Email::iweldy@meridianldc.com with copy to William C. Holzwarth Dzida, Carey & Steinman 8657 Conservation St. NE Ada, MI 49301 Telephone: (951) 300-2000 Facsimile: (616) 682-5480 Email: wholzwarthOdcslaw.com 8. General Provisions. 8.1 Applicable Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State. 8.2 Assignment SoCal shall not assign this Agreement to any other person or entity without the express written consent of the City. 8.3 Equitable Remedies. Each Party shall, in addition to all other rights provided herein or as may be provided by law, be entitled to all equitable remedies including those of specific performance and injunction, to enforce its rights hereunder. 8.4 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same document. 8.5 No Partnership. Nothing herein shall constitute or be construed to be or create a partnership or joint venture between the City on the one hand and either SoCal or General Contractor on the other. 8.6 Entire Agreement. This Agreement, together with any Exhibits referred to herein, each of which is hereby incorporated in this Agreement and made a part hereof, embodies the entire agreement and understanding between the Patties and supersedes all prior agreements and understandings between them with respect thereto. wctt13os15.000ew29757.1 rvrarzol2 -6 140 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. SOCAL PORTFOLIO I LLC, a Delaware CITY OF LA QUINTA, a municipal limited "_bility om� _ corporation 10, By: C ce President Frank Spevacek, City Manager Attest to City Manager's Signature: By: Susan Maysels, City Clerk Approved as to Form M. Katherine Jenson, City Attorney wentosu.000eazmmzi w1Q2012 7 • 1Q�. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California t County of I On. 2�before me, V� 1'� NAM �(1 N 'mwg , [ 1 (Na nc of Notary Public andriide "Notary Public"] personally who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. RZ 1 01 M/ W/Na"urn i ME ,.. _ MEIANIEANMEWS Comm.,#1894543 Notary Public • Glifornia R oyaeSge CO "114 .. COeemL6tpfipiJul3„ 20t4 (See) 1:42 EIMIIT i`A" Property Description The Property referred to in the within Agreement is that certain real property located in the City of La Quinta, Riverside County, California, more particularly described as: Lots 1 through 47, inclusive, and Lots "A" through "I," inclusive, as shown on a Map of Tract No. 30138, as per plat recorded in Book 411, Pages 31 through 35, inclusive, of Maps, Records of Riverside County, California. WCHU M15.a006*42 -1 iv14am2 8 143 EXMBIT `B" On -Site Improvements ianarzoiz 9 144 EXHIBIT i°C' Off -Site Improvements WCM0015.0006w29257.1 12Jl4aOl2 10 145 Exhibit "D" Priority Improvements Complete construction of the following Improvements, including refreshing all plans, permits, and other approvals associated therewith, in the following order: a. Avenue 52 road Improvements, including the northern travel lane, curb and gutter- b. Drive approaches into the Tract. C. Wall between the ROW and the Tract. d. Center median Improvements. e. Storm drain Improvements on Avenue 52. f. On -Site detention basin connection to the drainage of Avenue 52. wcauai5.aoob42vut.1 17114r2012 11. 146 EX13 IT "E" Insurance Requirements General Prior to the beginning of and throughout the duration of the Work, General Contractor will maintain insurance in conformance with the requirements set forth below. General Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. General Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this Contract and which is applicable to a given loss, will be available to City. General Contractor shall submit coverage verification for review and approval by the City upon execution of the Contract. The Notice to Proceed with the Work under this Contract will not be issued, and the General Contractor shall not commence work, until such insurance has been approved by the City. The General Contractor shall not allow any subcontractors to commence work on its subcontract until all similar insurance required of the subcontractor has been obtained and verified by General Contractor. Such insurance shall remain in full force and effect at all times during the prosecution of the Work and until the final completion and acceptance thereof. General Contractor shall provide the following types and amounts of insurance: Commercial: General Liability Policy Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CO 00 01 or the equivalent. Defence costs must be paid in addition to limits. Limits shall be no less than Two Million Dollars ($2,000,000) per occurrence for all covered losses and no less than Four Million Dollars ($4,000,000) general aggregate. General Contractor's policy shall contain no endorsements limiting coverage beyond the basic policy coverage grant for any of the following: a. Explosion, Collapse or Underground Hazard(X CU). b. Products and Completed Operations. C. Pollution liability. d. Contractual liability. wa+00615.0006029257.1 1211ae012 12 Coverage shall be applicable to City for injury to employees of: contractors, subcontractors or others involved in the project. Policy shall be endorsed to provide a separate limit applicable to this project. Workers' Compensation Insurance Workers' Compensation on a state -approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident for all covered losses. Business Auto Polic Business Auto Coverage on ISO Business Auto Coverage form CA 00 0106 92 including symbol 1 (Any Auto) or the equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If General Contractor owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. Excess or Umbrella Liability Insurance Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverage. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage for liability not covered by primary but covered by the umbrella. Self -insured retentions are not permitted. Coverage shall be provided on a "pay on behalf ' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of General Contractor, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000 per occurrence and aggregate. Insurance procured pursuant to these requirements shall be written by insurers that are authorized carriers in the state of California and with an A.M. Be st rating of A- or better and a minimum financial size of VI(. wC4 3ffi15.0006'A29M.11LM42012 13_ 148 EXHIBIT 'IF, Project Improvement Plans 1. Tract Map No. 30138 Diamante; sheets 1-5, dated May 2004, recorded 10/13/06. 2. Precise Grading Plan Tract 30138 Diamante; sheets 1, 2, 3, 4, 5 & 6 updated 4/10/07. 3. Rough Grading Plan Tract 30138 Diamante; sheets 1, 2 & 3 dated 6/29/06. 4. On -Site Street & Storm Drain Improvement Plans Tract 30138 Diamante; sheets 1, 2, 3, 4, 5 & 6 dated 312/07. 5. Off -Site Street Improvement Plan Tract 30138 Avenue 52; sheets 1, 2, 3 & 4 dated 4/18107. 6. Water Improvement Plans Tract 30138; sheets 1-5, dated 8/21/06. 7. Sewer Improvement Plans, Tract 30138; sheets 1-4, dated 8/21/06. 8. Encroachment Composite Plan, Tract 30138; sheets 1-2, dated 7/7/06. 9. PM10 Fugitive Dust Control Plan, Tract 30138; sheets 1-2, dated 12/6/04. 10. S.W.P.P.P., Tract 30138; sheet 1, dated 11/12/64. 11. Landscape Plans, Monaco; dated December 3, 2009 — unapproved VAMM15.0006a292571 12/14OD12 14 w w z V) W w u- U- w TM 30138 DIAMANTE UTY OF INDD DO 50TH AVENUE (CITY OIL 52ND AVENUE VICINITY NOT TO SCALE m ATTACHMENT 2 w o Oo in m 0 Fi MAP 150 LOLL a � rw y OF TFIF IT / SA / HA / FA MEETING DATE: February 19, 2013 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Mid -Year Budget Report for Fiscal Year 201 2/201 3 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Approve the Mid -Year Budget Report that reduces General Fund expenditures by $122,500 and appropriate $20,000 from General Fund Reserves to the SilverRock Resort Fund to fund the cost of unexpected electrical repairs. EXECUTIVE SUMMARY: Each year in February, the Mid -Year Budget review is presented to the City Council in order to make necessary changes to the adopted budget. The Fiscal Year 2012/2013 budget was adopted in June 2012 and was based upon revenue and expenditure assumptions that were formulated in April/May of 2012. Six months into the fiscal year, staff reviews actual revenues and expenditures, and recommends mid -year adjustments. Initial mid -year projections indicated that General Fund revenue would be $205,507 lower than projected. However, on February 13, 2013, the City received a supplemental property tax payment of $684,190. Staff is recommending that $205, 507 of this amount be allocated to cover the General Fund revenue shortfall and the remaining $478,683 will be added to the General Fund reserves. The City's entry into the Coachella Valley Association of Governments (CVAG) Transportation Uniform Mitigation Fee (TUMF) program occurred later than projected. As a result, $412,500 of Measure "A" sales tax revenue will not be received this fiscal year. However, due to the delay, the General Fund will not incur additional unfunded expenses because the costs that would have been funded by this revenue will not be incurred until Fiscal Year 2013/2014. Since June 2012, General Fund expenditures have been reduced by $511,900 primarily due to salary and benefit cost reductions. However, these reductions are offset by $389,400 of cost increases. 151 The projected year-end operating budget deficit will decrease by 4.7% from $2,187,759 to $2,085,259. FISCAL IMPACT: The recommended action will result in an additional expenditure of $20,000 BACKGROUND AND OVERVIEW: A comprehensive report is prepared annually at mid -year to inform City Council of the City's financial position and expenditures to date as compared to the Adopted Budget. This analysis provides the Council the opportunity to monitor year-to-date revenues and expenditures and make mid -year adjustments necessary as the result of modified program requirements. Fiscal Year 2012/2013 Adopted Budget The 2012/2013 Adopted Budget was approved by City Council with revenues and expenditures totaling $40,126,081. This amount included using $2,187,759 of reserves to balance the budget. Attachment 1 presents the revenue and expenditure adjustments. The following narrative summarizes the changes. Revenues Sales tax revenue is projected to be $27,000 higher than budgeted. Revenue is also being increased by $100,000 due to the receipt of the COPS grant. It is City policy to not budget for grant funds before their receipt. Although previously reported that property taxes would fall short of budgeted projections, staff is now projecting that property taxes are right on target. In addition, the City received an unexpected supplemental property tax payment of $684,190. It is recommended that a portion of this revenue be used to offset the decline in other General Fund revenue, and the remainder be added to the reserves. Building permit revenues are projected to be $20,000 higher than originally budgeted. The main reason for the projected revenue decline is that Transient Occupancy Tax (TOT) revenue receipts will be lower than budgeted by $200,000. At the time the budget was adopted, $300,000 was budgeted in anticipation that the short-term rental program would be implemented before the end of 2012. Due to delays in implementing this program, it is now anticipated that the City will receive approximately $100,000 in increased TOT by June 30, 2013. Other revenue reductions ($160,500) are due to various revenues being overestimated in the adopted budget. 152 Expenditures Although there was significant savings due to the workforce reduction plan ($445,900), there were a combination of other cost reductions and cost increases that reduced overall General Fund expenditure savings to $122,500. Attachment 1 details the Expenditure Adjustments, which are described below: • The City Clerk's office is reducing expenditures by $66,000 due to a vacancy during the year for the Deputy City Clerk position and the salary reduction for the Clerk's position. • Community Services expenditures increased by $8,900. Additional expenses were incurred due to HVAC and park vandalism repair costs, and the need to repair a leak in the fire suppression system at the Senior Center. Cost reductions included a reduction in classes at the Senior Center (due to classes being offered but limited interest in attending certain classes) and a decrease in income for various recreation programs that the City assumed from the Desert Recreation District (DRD). When the La Quinta Fitness Center opened, the City assumed certain DRD classes and used the DRD revenue projections in the 2012/2013 Adopted Budget. Actual income from these classes is less than the projected income. • Police services expenditures increased by $100,000 in the robbery and burglary prevention areas. However, this amount is entirely funded by a grant and is completely offset by additional revenue that had not previously been budgeted. • Community Development costs increased by $35,750, which consisted of $5,750 to update the City's aerial imagery and $30,000 to update the City's housing element. • Public Works expenditures increased by $144,750 due to increased contract services costs due to project design services, additional PM 10 dust control measures, the potential need for contract plan check services, street signs, and traffic signal and signal device improvements. • There was also a reduction in salaries and benefits for the fiscal year estimated at $445,900 due to the workforce reduction plan. This amount will be offset by an additional appropriation of $100,000 for anticipated unemployment claims for a net reduction of $345,900. The detail for the reduction in salaries and benefits is listed in Attachment 3. . 15 City staff will continue to closely monitor expenditures throughout the remainder of the fiscal year to ensure that budgets are adhered to and will report any significant variances in revenues and expenditures, if warranted. Other Funds In addition to the requested General Fund estimated revenue and expenditure items, staff is also recommending changes in revenues and expenditures in other funds as follows: • Increase of $100,000 in revenue for the Supplemental Law Enforcement grant, which will be transferred to the General Fund to reimburse eligible expenditures for personnel. • Decrease of $412,500 in the Measure "A" Fund for both revenues and expenditures. The amounts budgeted for the TUMF program anticipated nine months of revenue being reimbursed to the City. Revenues and expenditures were budgeted, in the amount of $412,500. Both of these amounts are being eliminated from the budget for fiscal year ending June 30, 2013. • Increase of $20,000 in the SilverRock Resort Fund expenditures to retrofit existing high voltage boxes and connections on the golf course to address potential safety hazards. ALTERNATIVES: None. Respectfully submitted, &4A,t4 r4 Robbeyn ird, Finance Director Attachments: 1. Mid -year Budget Review Summary 2. Mid -year Budget Review Worksheet Detail 3. Payroll Savings Detail ATTACHMEN I 1 CITY OF LA QUINTA MID -YEAR BUDGET REVIEW FISCAL YEAR ENDING JUNE 30, 2013 FY 2012113 REVENUE ADJUSTMENTS ADOPTED MID -YEAR EXPLANATION BUDGET BUDGET DIFFERENCE FOR CHANGE General Fund Property Tax $1,764,800 $1,970,307 $205,507 Suplemental Property Tax Payment Local Sales Tax @1% 5,987,250 6,007,500 20,250 Under Estimated Triple Flip Sales Tax 1,995,750 2,002,500 6,750 Under Estimated COPS Grant 0 100,000 100,000 Not Budgeted Before Grant Received Building Permits 188,300 208,300 20,000 Under Estimated FEMA Office of Emergency Services 0 4,793 4,793 Carry Over FY 2011112 Amount Youth Sports 0 3,200 3,200 Additional Fee Charged Transient Occupancy Tax 4,800,000 4,600,000 (200,000) Short Tenn Rental Program Delay Motor Vehicle Code Fines 112,900 62,900 (50,000) Over Estimated Leisure Enrichment 89,000 67,000 (22,000) Over Estimated Parking Violations 42,900 27,900 (15,000) Over Estimated Zone Change 89,522 74,522 (15,000) Over Estimated Facility Rentals 57,300 46,000 (11,300) Over Estimated Senior Center Leisure Enrichment 40,000 30,000 (10,000) Lower Participation Animal Licenses 32,300 22,300 (10,000) Over Estimated Administrative Citations 39,300 29,300 (10,000) Over Estimated Lot Abatement 41,500 31,500 (10.000) Over Estimated Vehicle Abatement 13,600 8,600 (5,000) Over Estimated Excursions 11,200 9,000 (2,200) Over Estimated Total Change -General Fund $13,540,822 $13,336,315 $0 Measure A Fund Transporation Sales Tax Revenue $412,500 $0 ($412,500) Now FY 2013/14 Revenue 155 CITY OF LA QUINTA MID -YEAR BUDGET REVIEW FISCAL YEAR ENDING JUNE 30, 2013 EXPENDITURE ADJUSTMENTS FY2012113 (Note: Attachment 2 provides additional detail) ADOPTED MID -YEAR EXPLANATION BUDGET BUDGET Difference FOR CHANGE General Government -Personnel State Unemployment Insurance $27,600 $127,600 $100,000 Reduction in Workforce City Clerk Deputy City Clerk Vacancy; CC Change in Salaries & Wages -Full Time $330,300 $267,100 ($63,200) Range PIERS - City Portion 45,900 40,600 (5,300) CC Change in Range Salaries - Temporary 0 2.500 2,500 Temporary Deputy to cover vacation Subtotal City Clerk $376,200 $310,200 ($66,000) Communitv Services Senior Center- Instructors $30,000 $21,000 ($9,000) Reduction in Classes Senior Center - Repair Other Equipment 0 20,000 20,000 Break in fire suspension Parks & Rec Programs -Instructors 63,000 46,900 (16,100) Reduction in Hours Library-HVAC 3,000 12,000 9,000 A/C Unit Repairs Parks Maintenance-Graftti Material 15,000 20,000 5,000 Vandalism Repairs Subtotal Community Services $111,000 $119,900 $8,900 Police SLESF Grant -Robbery Prevention $0 $50,000 $50,000 Funding Received SLESF Grant -Burglary Prevention 0 50,000 50,000 Funding Received Subtotal Police $0 $100,000 $100,000 Community Development Services & Supplies $0 $5,750 $5,750 Update of City's Aerial Imagery Services & Supplies 5,207 35,207 30,000 Housing Element Update Subtotal Community Development $5,207 $40,957 $35,750 Public Works Contract Services/Consultants $75,000 $132,750 $57,750 Various Expenditures Map/Plan Checking 5,000 30,000 25,000 On Call Plan Check Services Engineering Services -Operating Supplies 170,475 232,475 62,000 Various Expenditures Subtotal Public Works $250,475 $395,225 $144,750 General Fund Salaries Salaries & Wages Detail Attachment 3 (334,500) Reduction in Workforce Benefits Detail Attachment 3 (111.400) Reduction in Workforce Subtotal Salaries & Benefits ($445,900) TOTAL CHANGE - GENERAL FUND EXPENDITURES ($122,500) 15Q City of La Ouinta Mid -Year Review Budget Wouksham - City Expenditures FY 20122013 Section 1 - Esisting Line Items Item Number Position R uesiin Chan e T iBSRt Ibn Account No. Increase(Oenease) Arrqunt Reason - kam 1 • Ganaral Govemmsnt Expenditure State Uce &Ymenl Insurance 101-1004413.2]-01 10 Workforce Reductions Fund Balance ." 100000 Item 2. Clry Clerk Experditure EI,peMiture Salary f01-200t411.10-01 (44,613)Savi sdueto vary my July 2012 -March Expenditure- Sal Temporaryn9 Salary f01-2001411.10-05 2,503 Tarttgrary Oepury Ciry CbM to cover City Clack's vacetbn Cle Expenditure Beds 101-2001411.10-01 (18,571) Savings due b change of range Fund Balance 101.2001411.20-01 5 320 Savings due to change of range W1 Iam3-Communlry Services Expenditure Camred Services/Instuiors 101."2451.3343 (9.DDO) Dacreasa in dosses erred Expenditure ExpeMiture Repair- Other Equipment Contract Servicesinstructon 101-"2-451.43-08 20,000 Bmait in Iha fire suspension at the Sanior Can tar Experditure HVAC System 101-3003451.3343 101-3004451.43 2 (16,100) Overestimated close paNdpationW Dese t Rac District transferred lasses Expenditure Vandalism 101-3005 451.5G3] %DD0 5 000 Repair needed to repair NC units Increased ex ponces in vandalism repairs Fund Balance 6 800 horn 4 - Police Expenditure Expe Robbery Prevention 101-5054421.36-]t 50,000 Supplemental Law Enforcement Servbea FUM Gent oliture E MiNre Buglary Prevention 101-5054421.36]2 KIM Supplemental Lea Enforcement Barvbes Fund Grant t00000 tarn 6 • Community Development Expenditure Contract Sarviceylnstraders 1019001463.53-04 5.150 Update of Ciry's aerial imagery ExxPenchureBalan Fund Housing Element 101-6W1463.32-f0 300p0 Increase to budget 3 f50 Gem 6-Public Work. Expenditure Exlaeruditure Contract ServloaelConeultams 101-]001431.32-0] 35,6pp A4dlOpnal detect design services Call" Tampico bt Expenditure Compact Sandoed/Consullants Cottact ServiceslCansultanis 101-T00143f.32-0] 10,000 parting CSA 162 such ExpeMiture Contract ServlceyConsultants 101-]001431.32-0] 101-7 1431.32-0] 10.000 Reasons signage for 2 Intersections Expenditure Map(Plan Check 101-]002431.3 M 1,950 25,000 PM10 stabilization of Cdyo ned tit On call plan check services until June W. 2013 Expenditure Expenditure Operating Supplies Operating Supplies 101-7006431.58-02 19,000 Emergenry rewire d Jefferson 8 Ave 48 Expenditure Operating Supplies 101-]006431.56-02 24,U00 Rewire Of Joffe. 6 Ave 50 due to Imminent failure - ExpeMture Ope21in8 Supplies 101-]006.431.58-02- 101-]006-031.58-02 11,000 Installation of new street signs Fund Balance B.000 Battery back-up al BWckhawk 6 Dune Palms; and cew ream bon phase card Eisenhower 6 Ave 50 p p' 1M TSO rotal- General Fund 323,399 Total - City Funds 423,399 High Voltage Electrical 80l-0 451.43-60 20,000 Retrofit high voltage bsxas to atltlress potential safe-hazaps i Total All Funds ,163,n9 D n K M Z 1 N ATTACHMENT 3 City of La Quinta Workforce Reduction/Salary & Benefits Savings Fiscal Year Ending June 30, 2013 Medical Disability Worker's Employer Employee Position Salary PERS fEmploverl Insurance Insurance Compensation Medicare Total Management Assistant 18,165.00 2,527.50 2,724.00 196.20 277.80 131.70 24,022.20 Executive Assistant 17,298.00 2,406.75 2,724.00 186.75 264.75 125.38 23,005.63 Econ Dev/Housing Manager 16,228.00 2,258.00 2,724.00 175.33 248.33 83.58 21,717.25 Management Analyst 30,156.00 4,196.00 4,086.00 325.67 247.33 117.17 39,128.17 Management Assistant 19,074.00 2,654.00 2,724.00 206.00 291.75 138.25 25,088.00 Office Assistant 10,878.00 1,513.50 2,724.00 117.50 166.50 78.88 15,478.38 Office Assistant 14,504.00 2,018.00 2,724.00 156.67 222.00 105.17 19,729.83 Maintenance Foreman 19,198.00 821.92 1,362.00 67.34 95.41 90.17 21,634.84 Counter Technician 10,206.00 1,420.00 2,724.00 110.17 156.17 74.00 14,690.33 Office Assistant 10,878.00 1,513.50 1,362.00 117.50 166.50 79.26 14,116.76 Community Safety Manager 21,817.50 3,035.63 2,724.00 333.75 333.75 158.13 28,402.75 Code Compliance Officer I 5,888.08 925.67 2,724.00 71.83 101.83 48.22 9,759.63 Animal Ctl/Code Compliance Off l 15,490.50 2,079.00 2,724.00 167.50 237.00 112.26 20,810.26 Animal Ctl/Code Compliance Off I 15,433.00 2,079.00 2,724.00 166.50 236.00 112.00 20,750.50 Animal Control Officer II 5,542.85 740.54 2,724.00 59.85 84.77 80.38 9,232.38 Emergency Services Coordinator 20,025.00 2,786.25 2,724.00 216.38 306.38 290.25 26,348.25 Executive Secretary 370.27 28.73 2,724.00 28.73 40.73 19.29 3,211.75 Assistant Planner 18,736.00 2,588.75 2,724.00 202.25 286.75 271.75 24,809.50 Principal Planner 25,560.00 3,556.50 2,724.00 276.00 391.00 370.50 32,878.00 Management Analyst 24,117.00 3,147.00 2,724.00 244.25 346.00 164.00 30,742.25 Assistant Engineer 14,912.30 2,074.84 2,724.00 160.96 228.12 216.34 20,316.57 Total Savings 334,477.50 445,873.21 1. 5 Taw 4 lwQumrw CITY/SA/HA/FA MEETING DATE: February 19, 2013 ITEM TITLE: Art Purchase Agreement Between LaQuinta Investors, Mark Lundeen, and the City of La Quinta for a Bronze Sculpture RECOMMENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve an art purchase agreement between LaQuinta Investors, Mark Lundeen, and the City of La Quinta for a bronze sculpture. EXECUTIVE SUMMARY: The developer of the Caleo Bay Alzheimer's Special Care Facility, LaQuinta Investors, is requesting funds to place public art at the entry walkway to the new facility. Staff recommends approval of a three-way agreement between the developer, artist, and the City to fund and install the art work (Attachment 1). FISCAL IMPACT: Total cost for the project is $24,300. The developer is requesting $20,000 from Art in Public Places funding. Funding for this project is available in that account. The developer will pay the remaining cost of $4,300 to complete the project. LaQuinta Investors has paid $17,834.41 into the Art in Public Places fund. BACKGROUND/ANALYSIS: On December 27, 2012, the Community Services Director received a request from LaQuinta Investors for a bronze sculpture to be installed northwest of the entrance to the Caleo Bay Alzheimer's Special Care Facility (Attachment 2). The sculpture is accessible by anyone walking from Washington Street or Caleo Bay Drive using public sidewalks or by driving to the building location. The sculpture is designed and created by artist, Mark Lundeen and will be installed by the developer. 15 � The life-size bronze sculpture is of a grandfather and grandchild on a stone bench. The sculpture will be installed into the approved landscape plan and will be up lit. The maintenance requirements for the art work are similar to other bronze sculptures in the City and require periodic checking and cleaning. A Maintenance Agreement between the City and the Developer will be initiated once the art work is completed. LaQuinta Investors will be responsible for the ongoing maintenance of the art work. ALTERNATIVES: Do not approve the art purchase. COMMISSIONS/BOARD/COMMITTEE RECOMMENDATIONS: At the meeting on January 14, 2013, the Community Services Commission recommended the Art in Public Places request from LaQuinta Investors be approved by the City Council. Respectfully submitted, on Edie Hylton Community Services Director Attachments: 1. Art Purchase Agreement 2. Developer's Submittal 160 ATTACHMENT 1 ART PURCHASE AGREEMENT THIS ART PURCHASE AGREEMENT (the "Agreement") is entered into this day of 2013, by and among THE CITY OF LA QUINTA, a California municipal corporation ("City"), LAQUINTA INVESTORS, L.P. ("Developer") and MARK LUNDEEN ("Artist"). RECITALS A. Developer has requested approval for Double Dipper (the "Project") on the property generally located at 47805 Caleo Bay ("Property"). The project is subject to the artwork requirements of the City of La Quinta Art in Public Places Program set forth in Chapter 2.65 of the La Quinta Municipal Code (the "Municipal Code"). B. To meet the requirements for artwork pursuant to Chapter 2.65, Developer is commissioning the fabrication and delivery of certain artwork (the "Artwork") to be displayed by Artist at the north west of building entry next to public sidewalk on the Property (the "Site Location"). NOW, THEREFORE, in consideration of the performance by the parties of the mutual promises, covenants, and conditions contained hereinafter, the parties hereto agree as follows: ARTICLE I. SCOPE OF SERVICES AND PAYMENT 1.1 Scope of Design and Fabrication Services. Subject to the terms and conditions set forth in this Agreement, Artist shall (i) prepare, or cause to be prepared, conceptual design plans for the Artwork, including setting forth details and samples of the materials to be used and composition of the proposed Artwork; (ii) based on the conceptual design plans approved by City and Developer, develop working drawings which shall be incorporated into the Schedule of Performance attached hereto as Exhibit A; and (iii) fabricate and deliver the Artwork as more particularly described in the Scope of Design Build Services and the Schedule of Performance attached hereto as Exhibit A and Exhibit B, respectively, and incorporated herein by this reference. Artist shall perform his/her obligations in strict conformance with the terms and conditions set forth in this Agreement and shall take all other actions necessary and incidental to the performance of said obligations. 1.2 Periodic Review. City and Developer shall have the right to review the Artwork at reasonable times during the fabrication thereof. Artist shall submit regular progress narratives, including photographs, to City and Developer as required by the Schedule of Performance set forth in Exhibit B. The narratives shall clearly state the percentage of the Artwork completed to date and provide an estimated delivery date. 1.3 Materials and Labor. Artist shall furnish all tools, equipment, apparatus, labor, services, materials, and transportation necessary to perform the Design and Fabrication Page 1 of 23 1161 Services more fully described in Exhibit A, in a good and workmanlike manner in the Site Location(s) as more fully described in said Exhibit A or reasonably inferable therein. If Artist fails to furnish the labor, materials, equipment, and or services necessary to perform all work and labor as herein provided in the manner herein set forth in good and workmanlike manner, Artist shall, in addition to any other penalties provided in the Agreement, be liable to Developer and City for all losses or damages that either may suffer as a result of such failure, including any additional costs incurred by City or Developer in obtaining such material or labor from other sources. 1.4 Change Orders. Artist shall strictly adhere to the Scope of Design Build Services set forth in Exhibit A, unless a change therefrom is authorized in writing by City and Developer. Artist shall present any and all significant changes to the Artwork not permitted by or in substantial conformity with the approved working drawings and the Scope of Design Build Services set forth in Exhibit A to City and Developer in writing in advance for their review and approval. If City and Developer grant such approval, the terms of said change shall be memorialized in a written change order signed by all parties hereto prior to commencement of said revised work. For the purposes of this section, a "significant change" is any change in the scope, design, color, size, material, texture, or site location which affects scheduling, site preparation, or maintenance for the Artwork or the schematic concept of the Artwork as represented in the schematic drawings, the approved working drawings, and the Scope of Design Build Services set forth in Exhibit A. 1.5 Working Environment. Artist (and Developer, if appropriate) shall, at all times, maintain a safe work area and provide safe access to both the Artwork and the sites wherein the Artwork is located prior to installation at the Site Location for inspection of the Artwork by City and its representatives. 1.6 Testing and Inspections. Where specifications require the Artwork to be specially tested or approved, Artist shall not perform such testing, or cause such testing to be performed, until (1) Artist or Developer has first provided timely notice to City that the Artwork is ready for inspection and/or testing, and (2) City has inspected and approved of the Artwork or consented to said testing in writing. Artist shall, at its sole cost and expense, perform all work required to comply with scheduled inspections and testing, and any requests for corrections City or other inspection authorities make as a result of such inspections or testing. 1.7 Post -Fabrication Obligations. a. Developer and/or Artist shall notify City in writing when the fabrication of the Artwork is completed and the Artwork is ready for delivery and installation at the Site Location(s) designated in Exhibit A and Exhibit B. b. Upon completion of the Artwork, and at all times during the fabrication and delivery process, Artist shall ensure that the Artwork complies with all applicable statutes, ordinances and regulations of any governmental agency having jurisdiction over the Artwork. 162 Page 2 of 23 C. Developer shall ensure that the Artwork is installed in a safe manner, and is designed to withstand the forces of nature it is expected to be exposed to during its lifetime, including, but not limited to, wind, rain, sun, and earthquake, as reasonable for artwork of a similar nature. 1.8 Post -Installation Obligations. a. Developer shall use reasonable efforts to arrange for publicity for the completed Artwork by local media and publications and as otherwise determined between City, Developer, and Artist as soon as practicable following installation. b. Upon installation of the Artwork, Artist shall provide Developer and City with written instructions for appropriate maintenance and preservation of the Artwork. 1.9 Final Acceptance. a. Developer shall advise City in writing when Developer believes that installation of the Artwork at the Site Location(s) is complete. Following receipt of such notice, City shall promptly cause the installed Artwork to be inspected. Within five (5) working days following completion of such inspection(s), City shall either (i) provide Developer with reasonably specific written objections, and a list of necessary corrections to the installed Artwork that Developer must complete, or (ii) notify Developer of their acceptance of the Artwork by issuing a Notice of Completion in the form attached hereto as Exhibit D. Said Notice of Completion shall be evidence of the satisfactory completion and installation of the Artwork in conformity with this Agreement, subject to the indemnification, representations, and further performance obligations set forth in this Agreement. b. Final Acceptance by City of the ownership of the Artwork will occur twenty-five years (25) from the date of issuance of the Notice of Completion or the year 2038. At that time, ownership and responsibility for the Artwork will transfer to City. At City's option, City may permit the ownership of the Artwork to remain with the owner of the Site. 1.10 Risk of Loss. Artist shall bear the risk of loss or damage to the Artwork during the fabrication and delivery phases until City issues the Notice of Completion indicating its acceptance of the Artwork as provided in Section 1.9. Upon Developer's receipt of the Notice of Completion, the risk of loss or damage to the Artwork shall be borne by Developer until City accepts the artwork at the conclusion of the 25-year period provided in Section 1 .9(b). Developer shall take the measures described in Article VII of this Agreement, as necessary, to protect the Artwork from loss or damage and shall maintain the Artwork until City accepts final ownership of the Artwork as provided in Section 1.9(b). 163 Page 3 of 23 1.11 Compensation to Artist: City agrees to pay Artist for the Artwork the compensation set forth in Exhibit C. The total compensation to be paid to Artist shall not exceed $20,000 (Twenty Thousand Dollars). The parties agree that said compensation represents full payment to Artist for the design, fabrication and delivery of the Artwork, including compensation for all professional services and reimbursement for expenses, and neither City nor Developer shall have any additional financial obligations under this Agreement. ARTICLE II. TIME OF PERFORMANCE 2.1 Time. Artist shall perform his/her obligations under this Agreement in a punctual and diligent manner and in accordance with the Schedule of Performance attached hereto as Exhibit B. In the event Artist fails to perform fully any and all of its obligations under this Agreement, then City and/or Developer may, at their option, after first giving twenty-four (24) hours written notice to Artist, provide any such labor and materials as may be necessary for the completion of the Artwork. In such event, City and/or Developer may deduct the cost of said labor and materials and all costs incurred in finishing the work, if applicable, from any money then due or thereafter to become due to Artist under this Agreement until the work undertaken by Developer or City is completely finished. Upon completion of the work, if the unpaid balance of the amount to be paid to Artist under this Agreement exceeds the expenses incurred by Developer or City in securing labor and materials from other sources and/or in finishing Artist's work, such excess shall be paid to Artist. Conversely, if the expenses incurred by City and/or Developer as described above exceed the unpaid balance due to Artist, then Artist shall promptly pay to City and/or Developer the amount by which such expenses exceed the remaining unpaid balance. The expense incurred by City and/or Developer, as herein provided, shall be chargeable to and paid by Artist. ARTICLE III. WARRANTIES 3.1 Title. Artist represents and warrants that: (a) the Artwork is solely the result of the artistic effort of the Artist and Artist is the creator and owner of the Artwork design; (b) that the Artwork is unique and original and does not infringe upon any copyright; (c) that the Artwork has not been accepted for sale elsewhere; (d) that to the best of his/her knowledge the Artwork is not presently subject to claims of ownership, lien or encumbrance or to common law or statutory copyright claims of any other person, institution, or domestic or foreign government; and (e) that the Artwork is free and clear of any and all encumbrances and/or monetary liens. Artist covenants to defend, indemnify and hold City, Developer, and their respective officials, officers, employees, servants, attorneys, volunteers, and agents harmless from any loss, claim or liability in any way related to a claim that that the Artwork violates federal, state or local laws, or any contractual provisions, relating to copyrights, trade names, licenses, franchises, patents or other means of protecting interests in products or inventions. Artist shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked materials, equipment, devices or processes used on or incorporated in the Artwork produced under this Agreement. In case such materials, equipment, devices Page 4 of 23 m 164 or processes are held to constitute an infringement and their use is enjoined, Artist shall, at his/her expense, either (a) secure for City and Developer the right to continue exhibiting the Artwork by suspension of any injunction or by procuring a license or licenses for City and Developer; or (b) modify the Artwork so that it becomes non - infringing. The covenant and warranties set forth in this Section 3.1 shall survive the termination of this Agreement. 3.2 Quality and Condition. Artist represents and warrants, except as otherwise disclosed to City in writing, that: (a) the fabrication of the Artwork will be performed in a workmanlike manner; (b) the Artwork, as fabricated and following delivery, will be free of patent and latent defects in material and workmanship, including any defects or qualities which cause or accelerate deterioration of the Artwork; and (c) reasonable maintenance of the Artwork will not require procedures substantially in excess of those described in the maintenance recommendations to be submitted by Artist to Developer and City. The warranties described in this Section 3.2 shall survive for a period of one (1) year after acceptance of the Artwork as evidenced by a Notice of Completion issued in accordance with Section 1.9, except the representation and warranty concerning latent defects shall survive for a period of three (3) years from the acceptance of the Artwork. Developer and/or City shall give notice to Artist of any observed and claimed breach with reasonable promptness. Artist shall, at the request of City or Developer and at no cost to City or Developer, cure reasonably and promptly the breach of any such warranty which is curable by Artist and which cure is consistent with professional conservation standards (including, for example, cure by means of repair or refabrication of the Artwork. ARTICLE IV. LOCATION AND DISPLAY OF ARTWORK 4.1 Location/Display. Notwithstanding any other provision of this Agreement, Artist hereby acknowledges and agrees that all decisions regarding placement and location of the Artwork are within the sole and absolute discretion of the Developer and City. Artist further acknowledges and agrees that Developer and City shall have sole and absolute discretion to make alterations to, relocate, or remove and dispose of the Artwork in their sole and absolute discretion. In the event Developer and City elect to remove and dispose of the Artwork, Developer and/or City shall, subject to the provisions of Section 9.3 of this Agreement, notify Artist at least 30-days in advance of the proposed removal and provide Artist an opportunity, at his/her sole costs, to take possession of and remove the Artwork from the Site. ARTICLE V. PARTY REPRESENTATIVES 5.1 City Representative. For the purposes of this Agreement, City's representative shall be the Director of Community Services, or such other person as the Director designates in writing (hereinafter the "City Representative"). It shall be Artist's and Developer's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services and obligations more particularly described in Exhibit A, and Artist and Developer shall refer any decisions which must Page 5 of 23 ,q 165 be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative. 5.2 Developer Representative. For the purposes of this Agreement, Developer's representative shall be Carl Sanders, Director of Development, or such other person as Developer designates in writing (hereinafter the "Developer Representative"). The Developer Representative shall be responsible during the term of this Agreement for directing all activities of Artist and devoting sufficient time to personally supervise the services provided by Artist hereunder. The Developer Representative shall also be responsible for overseeing and ensuring Developer's performance of its obligations under this Agreement. The Developer Representative may not be changed by Developer without the prior written consent of City. 5.3 Artist Representative. For the purposes of this Agreement, Mark Lundeen ("Artist"), is the sole principal and representative of Artist authorized to act in his/her behalf with respect to the services specified herein and make all decisions in connection therewith. It is expressly understood that the experience, knowledge, capability and reputation of Artist were a substantial inducement for City and Developer to enter into this Agreement. Therefore, Artist shall be responsible during the term of this Agreement for performing or directing all activities of Artist and devoting sufficient time to personally perform or supervise, as appropriate, the services hereunder. Artist may not assign all or any of his/her obligations under this Agreement without the prior written approval of both City and Developer. ARTICLE VI. OWNERSHIP OF ARTWORK 6.1 Ownership of Artwork. Title to the Artwork and any construction drawings, plans, or other work product generated pursuant to this Agreement shall pass to and vest with Developer or its successor in interest to the Property upon (i) the issuance of the Notice of Completion acknowledging Final Acceptance pursuant to Section 1.9 or (ii) Termination of the Agreement as provided in Article X hereinafter. During the 25- year period provided in subsection (b) of said Section 1.9, the Artwork shall be a permanent fixed asset to the Property, and title to the Artwork shall transfer with title to the Property as an integral part of the sale of the real property. Thereafter, upon the expiration of the 25-year period as provided in Section 1.9(b), title to the Artwork and all construction drawings, plans, or other work product generated pursuant to this Agreement shall pass to and vest in City. 6.2 Title to Intellectual Property. Title to all copyright and other intellectual property rights in the Artwork shall remain with Artist except as otherwise provided in this Agreement. Notwithstanding the foregoing, Artist, on behalf of him/herself and his/her successors, heirs and assigns, hereby grants in perpetuity to City and Developer, and their respective heirs, successors and assigns, the right to photograph, film, videotape, or otherwise depict the Artwork at any time during the term of this Agreement and to use such photographs, film, videotapes, or other depictions at any time thereafter for noncommercial purposes to promote the exhibition, the City of La Quinta, or the Project. Such uses shall give full artistic credit to Artist. Page 6 of 23 .. u 16 6 ARTICLE VII. ADDITIONAL DEVELOPERS' OBLIGATIONS 7.1 Maintenance and Alteration of the Artwork. At all times during the 25-year period that title to the Artwork vests in Developer, Developer, and/or Developer's successors, heirs and assigns, shall maintain the Artwork in good condition in a location on the Property selected in concert with or approved by City. Developer shall sign and record a covenant and agreement ("Maintenance Covenant") in the form attached hereto as Exhibit E and incorporated herein by this reference. The Maintenance Covenant shall, among other requirements, ensure the proper maintenance of the Artwork and the transfer of title to the Artwork. At a minimum, Developer shall (i) maintain the Artwork in a neat, aesthetic, and orderly manner in accordance with the language recorded in the Maintenance Covenant, including, but not limited to promptly removing any graffiti or damage from the elements; (ii) obtain and maintain insurance in an amount not less than the appraised value to repair or replace the Artwork in the event of loss or damage; (iii) ensure transfer of title to the Artwork as a fixed asset on the Property. 7.2 Permanent Record. Developer shall maintain records of all activities related to this Agreement. 7.3 Location and Disposition. Developer and City shall jointly select the initial location for placement of the Artwork on the Property (the "Site Location"). After installation of the Artwork at the Site Location by Developer, Developer shall not thereafter change the location or dispose of the Artwork without the prior written consent of City. ARTICLE Vlll. ADDITIONAL ARTIST OBLIGATIONS 8.1 Artist's Address. Artist shall notify City and Developer of any change in address. City or Developer shall take reasonable effort(s) to locate Artist when matters arise relating to the Artist's rights under this Agreement. 8.2 Surviving Covenants. The covenants and obligations set forth in this Article VIII shall be binding upon the parties, their heirs, legatees, executors, administrators, assigns, transferees and all their successors in interest, and City's covenants do attach and run with the Artwork and shall be binding to and until twenty (20) years after the death of the Artist unless otherwise stated herein. Upon the death of the Artist, the representative of Artist's estate shall assume the surviving covenants and obligations of Artist set forth in this Article VIII. 8.3 Independent Contractor. Artist is, and shall at all times remain as to City.and Developer, a wholly independent contractor. Artist shall have no power to incur any debt, obligation, or liability on behalf of City or Developer or otherwise act as an agent of City or Developer. Neither City, Developer, nor any of their respective agents shall have control over the conduct of Artist or any of Artist's employees (if any), except as set forth in this Agreement. Artist shall not, at any time, or in any manner, represent Page 7 of 23 that it or any of its officers, agents or employees are in any manner employees of City or Developer. Artist agrees to pay all required taxes on amounts paid to Artist under this Agreement, and to indemnify and hold City and Developer harmless from any and all taxes, assessments, penalties, and interest asserted against City or Developer by reason of the independent contractor relationship created by this Agreement. Artist shall fully comply with the workers' compensation law regarding Artist and its employees (if any). Artist further agrees to indemnify and hold City and Developer harmless from any failure of Artist to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any fees due to Artist under this Agreement any amount due to City or Developer from Artist as a result of Artist's failure to promptly pay to City or Developer any reimbursement or indemnification arising under this Section 8.3. ARTICLE IX. ARTIST'S RIGHTS 9.1 Identification. Developer shall, at its expense, prepare and install at the Site Location, a plaque identifying Artist, the title of the Artwork and the year of completion, and shall reasonably maintain such notice in good repair for as long as the Artwork is displayed. 9.2 Repairs and Restoration. a. City and Developer shall have the right to determine, after consultation with a professional art conservator, when and if repairs and restoration to the Artwork will be made. At Developer's and City's option, Artist, during Artist's lifetime, may be given the opportunity to make or personally supervise significant repairs and restorations and shall be paid a reasonable fee for any such services, provided that Developer, City and Artist mutually agree in writing, prior to the commencement of any significant repairs or restorations, upon Artist's fee for such services. Developer and/or City shall have no obligation to utilize the services of Artist in this respect if they choose to have the repairs and restoration done by other professionals. No fees shall be paid to Artist for repair or restoration due to a breach of the representations and warranties set forth herein. b. All repairs and restorations shall be made in accordance with recognized principles of conservation. 9.3 Waiver of Rights. If any alteration is made to the Artwork without the consent of Artist, Artist shall have the right to direct the Developer to remove Artist's name from the Artwork. In connection herewith, Artist hereby acknowledges and agrees that Artist is familiar with the federal Visual Artists Rights Act 0 7 U.S.C. § § 106A and 1 13(d)), the California Art Preservation Act (Cal. Civil Code § 987 et seq.), and the rights and protection afforded Artist thereunder. Artist, on behalf of him/herself and on behalf of his/her successors, heirs, and assigns, hereby waives, releases and disclaims any rights, demands or claims as may arise at any time and under any circumstances against City, and its elected and appointed officials, officers and Page 8 of 23 • 4, 166 employees arising under the federal Visual Artists Rights Act (17 U.S.C. § § 106A and 1 13(d)), the California Art Preservation Act (Cal. Civil Code § 987 et seq.), and any other local, state, federal or international laws that convey rights of the same nature, or any other type of moral right protecting the integrity of works of art to the fullest extent permitted by law. Without limiting the generality of the foregoing, Artist expressly waives any rights under the federal Visual Artists Rights Act (17 U.S.C. § § 106A and 1 13(d)), the California Art Preservation Act (Cal. Civil Code § 987 et seq.), and any other local, state, federal or international laws relating to the location, placement, or removal and disposal of the Artwork. ARTICLE X. ASSIGNMENT OR TRANSFER 10.1 Neither Artist nor Developer shall assign or transfer any interest in this Agreement without the prior written consent of City. If the assignment is approved the parties shall enter an assignment and assumption agreement. Any attempt by Developer or Artist to assign, transfer, or subcontract any rights, duties, or obligations arising hereunder without city's prior written consent shall be null, void and of no effect. ARTICLE XI. TERMINATION 11 .1 Developer and City may, at either their option, by written notice to Artist, terminate this Agreement either (a) upon the failure by Artist to perform any of its obligations hereunder in accordance with the terms hereof or any other breach by Artist of the terms of this Agreement, and such failure or breach continues uncured for fifteen (15) days following notice thereof from City to Artist ("Termination for Default"), or (b) at any other time in the sole and absolute discretion of City and Developer, acting together ("Discretionary Termination"). Termination for Default and Discretionary Termination are sometimes hereinafter collectively referred to as "Termination." Upon Termination, except as provided in this Article X, all parties shall be released from all further obligations and liability hereunder. Effective upon a Termination, the Artwork, or so much thereof or has then been completed, shall be transferred to and shall belong to Developer. In the event of a Discretionary Termination, Developer shall reimburse City for the full amount of Art in Public Places funding that was provided by City for the Artwork. In such event and upon Artist's written request, Developer shall remove Artist's name from the Artwork. ARTICLE XII. INSURANCE AND INDEMNIFICATION. 12.1 Insurance. Prior to commencing any work under this Agreement, and throughout the duration of the term of this Agreement, Developer shall procure and maintain, at its sole cost, and submit concurrently with its execution of this Agreement, insurance as described herein. All insurance coverage required by this Agreement shall be placed with insurers authorized to do business in the State of California with an A.M. Best and Company rating level of A- or better, Class VI or better, unless otherwise approved by City's Risk Manager in writing. Page 9 of 23 12.1.1. Minimum Coverage. Insurance shall include the following (or broader) coverage: a. Insurance Services Office Commercial General Liability coverage "occurrence" form CG 00 01 or its exact equivalent with an edition date prior to 2004 and with minimum limits of $1,000,000 per occurrence and $2,000,000 in the aggregate. 12.1.2. Required Endorsements. General liability insurance policies required to be provided by Developer hereunder shall contain or be endorsed to contain the following provisions: a. City, its employees, officials, agents and member agencies shall be covered as additional insureds. Coverage shall apply to any and all liability arising out of the Work or related to the Contract. Additional insured status under the general liability requirement shall be provided on Insurance Services Office Form CG 20 10 with an edition date prior to 2004, or its exact equivalent. Additional insured status for completed operations shall be provided either in the additional insured form or through another endorsement such as CG 20 37 with an edition date prior to 2004. b. General liability insurance shall apply to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. Coverage will not be limited to City's vicarious liability. C. Liability coverage shall be primary and non-contributing with any insurance maintained by City. d. Each policy required hereunder, and the associated evidence of coverage (including employer's liability policies), shall provide that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except after prior written notice has been given to City. Such provision shall not include any limitation of liability of the insurer for failure to provide such notice. e. No liability insurance coverage provided to comply with this Agreement shall prohibit Developer, or Developer's employees, or agents, from waiving the right of recovery prior to a loss. Developer waives its right of recovery against City. 12.1.3. Verification of Coverage. Developer shall deposit with City within fifteen (15) days of Notice to Proceed of the Contract certificates of insurance evidencing the coverage required hereunder and all required endorsements. 12.1.4. No Waiver or Obligation. There shall be no recourse against City for payment of premiums or other amounts with respect to the insurance required to be provided by Developer hereunder. Any failure, actual or alleged, 11O Page 10 of 23 on the part of City to monitor compliance with these requirements will not be deemed as a waiver of any rights on the part of City. City has no additional obligations by virtue of requiring the insurance set forth herein. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Developer. 12.1.5. Prompt Notice. Developer agrees to provide immediate notice to City of any claim or loss against Developer 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. 12.1.6. Subcontractors. Developer shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor approved by City. All coverages for subcontractors, if any, shall be subject to all of the requirements stated herein unless otherwise approved in advance in writing by City's Risk Manager. 12.2 Indemnification. 12.2.1. Indemnification. To the fullest extent permitted by law, Developer shall indemnify, protect, defend and hold harmless City and Developer and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all liability, claims, suits, actions arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, actual attorney fees incurred by City, court costs, interest, defense costs including fees of expert artists or expert witnesses incurred in connection therewith and any other costs or expenses of any kind whatsoever incurred in relation to, as a consequence of or arising out of or in any way attributable, in whole or in part, to Developer's performance of this Agreement. All obligations under this provision are to be paid by Developer as City incurs them. 12.2.2 Exception to Developer's Obligation to Indemnify. Without affecting the rights of City under any provision of this Agreement or this section, Developer shall not be required to indemnify and hold harmless City as set forth above for liability attributable to the sole fault of City, provided such sole fault is determined by agreement between the parties or by the findings of a court of competent jurisdiction. This exception will apply only in instances where City is shown to have been solely at fault and not in instances where Developer is solely or partially at fault or in instances where City's fault accounts for only a percentage of the liability involved. In those instances, the obligation of Developer will be all-inclusive and City will be indemnified for all " 171 Page 11 of 23 liability incurred, even though a percentage of the liability is attributable to conduct of City. 12.2.3 Developer Acknowledgment. Developer acknowledges that its obligation pursuant to this section extends to liability attributable to City, if that liability is less than the sole fault of City. 12.2.4 Indemnity Provisions for Subcontractors. Developer agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, or any other person or entity involved by, for, with or on behalf of Developer in the performance of this Agreement. In the event Developer fails to obtain such indemnity obligations from others as required here, Developer agrees to be fully responsible according to the terms of this section. 12.2.5 No Waiver; Survival. Failure of City to monitor compliance with the requirements of this Section 11.2 imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. Developer's obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Developer and shall survive the termination of this Agreement or this section. 12.3 Remedies. In addition to any other remedies City may have if Developer 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 Developer to stop work under this Agreement and/or withhold any payment(s) which become due to Developer hereunder until Developer demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Developer'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 Developer may be held responsible for payments of damages to persons or property resulting from Developer's or its subcontractors' performance of work under this Agreement. ARTICLE XIII. GENERAL PROVISIONS 13.1 Notices. All notices, requests, demands and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be 172 Page 12 of 23 deemed to have been duly given (a) upon the delivery or receipt thereof, as the case may be, if delivered personally or recognized overnight courier service; or (b) on the third business day following deposit in the United States mail, sent by registered or certified mail, return receipt requested, postage prepaid, to the addresses set forth below, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. All notices shall be addressed as follows: CITY: City of La Quinta Attn: Community Services Director P.O. Box 1504 78-495 Calle Tampico La Quinta, CA 92247-1504 (760) 777-7032 ARTIST - Mark Lundeen 356 East 4th Street Loveland, CO 80537 (970) 667-7275 DEVELOPER: LaQuinta Investors, LP Attn: W. Cody Erwin 12115 NE 991h Street, Ste. 1800 P.O. Box 820528 Vancouver, WA 98682-0011 (360) 254-9442 13.2 Nondiscrimination. In the performance of the services under this Agreement, neither Artist nor City nor Developer shall discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. In addition, Artist and Developer shall comply with the equality of employment opportunity provisions of State and local laws and regulations as presently existing or hereafter amended. 13.3 Entire Agreement. This Agreement and all exhibits attached hereto and incorporated herein by specific reference, embody the entire integrated agreement and understanding between the parties hereto. There are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby, except as set forth herein above. 13.4 Modification. This Agreement and each of the terms embodied herein may be amended, altered, changed, or modified only by a written instrument signed by each party hereto and approved by appropriate action of City and Developer. 13.5 Waiver. No waiver of performance by any party hereto shall be construed as or operate as a waiver of any subsequent default of any terms, covenants and conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. 13.6 Governing Law; Venue. This Agreement, regardless of where executed or performed, shall be governed by and construed in accordance with the laws of the State of California. In addition to any other rights or remedies and subject to the 173 Page 13 of 23 restrictions otherwise set forth in this Agreement, any party hereto may institute legal action to seek specific performance of the terms of this Agreement, to recover damages, or to obtain any other remedy, at law or in equity, consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Riverside, in the Indio Branch municipal court, or in the Federal District Court in the district of California, which includes Riverside County. 13.7 Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of City, Developer, and Artist, and their respective heirs, personal representatives, successors and permitted assigns. 13.8 Severance. If a court of competent jurisdiction determines that any provision(s) of this Agreement is invalid, void, or illegal, such provision(s) shall be severed from the Agreement and shall in no way affect, impair or invalidate any other provision hereof, and such remaining provisions shall remain in full force and effect. 13.9 Substitution. Whenever in the specifications of materials or process the Scope of Services indicates or specifies materials or processes by patent or proprietary name or by name of manufacturer, such specification shall be deemed to be used for the purpose of facilitating description of the material and/or process desired, and shall be deemed to be followed by the words "OR EQUAL," and Artist may offer any material or process which shall be equal in every respect to -that so indicated or specified. Artist shall not offer any substitute material or process if a substitute so offered by Artist is not found to be equal to that so indicated or specified by name, if one only be so specified or named, or, if more than one be so specified or named, then such one as shall be specified in the proposal, or if none be so specified, then such one as shall be required by City or Developer. 13.10 Effective Date. Unless a different date is provided in this Agreement, the Effective Date shall be the latest Date of Execution, hereinafter set forth below the names of the signature hereto. Should Artist fail to enter a Date of Execution, the Effective Date shall be the Date of Execution by City. 13.11 Force Majeure. In addition to specific provisions of Agreement, performance by any party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, lock -outs, riots, floods, earthquakes, fires, casualties, supernatural causes, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental restrictions or priority, litigation, unusually severe weather, inability to secure necessary labor, materials or tools, delays of any contractor, subcontractor or supplies, acts of the other party, acts or failure to act of any public or governmental agency or entity, including, without limitation, unreasonable delays in the processing and issuance of required permits for the installation of the Artwork by Developer (except that any act or failure to act of City shall not excuse performance by City) or any other causes beyond the reasonable control or without the fault of the party claiming an extension of time to perform. Notwithstanding the foregoing, market and economic conditions shall not entitle Artist to an extension of time to perform. An extension of time for any such cause shall be '" 17 4 Page 14 of 23 for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within ten (10) days of knowledge of the commencement of the cause. In addition, times of performance under this Agreement may be extended by mutual written agreement by Developer, City and Artist. [THIS SPACE INTENTIONALLY LEFT BLANK — SIGNATURES BEGIN ON NEXT PAGE] 10 175 Page 15 of 23 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. CITY: CITY OF LA QUINTA, a California Municipal Corporation By: FRANK J. SPEVACEK, City Manager ATTEST: SUSAN MAYSELS, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California DEVELOPER: LAQUINTA INV^TOA, LP By: W. Cody Erwin Manager ARTIST: MARK LUNDEEN Title: XW17 5 Page 16 of 23 ,y 176 EXHIBIT A SCOPE OF DESIGN BUILD SERVICES SCOPE OF WORK a. Artist shall furnish all labor, material, tools, equipment, etc., required to design the Artwork in accordance with the quality level and intent of the concept drawings as prepared by Artist and approved by City and Developer. b. Artist shall complete the design in sufficient scale and detail as required by City and Developer authorities for approval. C. Artist's design and specifications have been approved by City and Developer. No changes shall be made without approval of City and Developer. II. GENERAL ITEMS OF INCLUSION: The work shall include but not necessarily be -limited to the following: a. Developer shall examine or cause to be examined all supporting and adjacent surfaces and record any defects to City prior to installing any material. The installation of any material constitutes the Developer's complete acceptance of all substrates as compatible with theworkunder this agreement. b. Developer is responsible for all repairs or replacement of any existing property or work which is damaged as a result of the performance of the work under this Agreement. C. Developer shall provide for all unloading, hoisting, and bracing for the Artwork. d. Developer shall provide all drilling, coring, cutting, fastening required for the artwork. e. Developer shall supply and install all specialty lighting required to complete the artwork. III. SPECIFIC ITEMS OF INCLUSION The life size sculpture of grandfather and grandchild on a stone bench will be installed at the northwest building entry next to public sidewalk. The design consists of the following: a. The Bronze sculpture shall be attached to the stone bench by drilling into the sculpture and attaching the artwork to the stone. Every effort shall be made to secure the artwork in a manner to prevent theft. Page 17 of 23 1 l The City will have an archived document listing the materials and sealers. This document will specify the type of equipment and materials used in the event repairs are needed. The lighting will include two flush mounted floor lights to direct light upward toward the artwork and will be installed by the Developers agents at their expense. The Developers and Artist will hold a dedication in a timely fashion after completion. Page 18 of 23 I*:cu:3ri:3 SCHEDULE OF PERFORMANCE SCHEDULING: "Double Dipper" shall be completed within eight weeks of the execution of this Agreement. q 179 Page 19 of 23 EXHIBIT C SCHEDULE OF COMPENSATION SCHEDULE OF PAYMENT TO ARTIST BY CITY: City shall pay Artist a deposit in the amount of: $10,000 City shall pay Artist after completion: Total Not to Exceed: $10, 000 Page 20 of 23 N 180 EXHIBIT D NOTICE OF COMPLETION FOR ARTWORK Piece of Artwork: Double Dipper WHEREAS, by that certain Art Purchase Agreement dated , 2013 ("Agreement"), The City of La Quinta, a California municipal corporation ("City") contracted with LAQUINTA INVESTORS, L.P. ("Developer") and Mark Lundeen ("Artist') to provide certain "Artwork" (as defined in the Agreement); and, WHEREAS, as referenced in the Agreement, City shall furnish Developer with a Notice of Completion upon completion of the installation of the Artwork; and, WHEREAS, such certificate shall be conclusive determination of satisfactory completion of the installation of the Artwork, as required by the Agreement, has been satisfactorily completed. NOW, THEREFORE, the parties hereto certify as follows: 1. As provided in the Agreement, City does hereby certify that the installation of the Artwork has been fully performed and completed. 2. Nothing contained in this instrument shall modify in any other way any executory portions of the Agreement. IN WITNESS WHEREOF, City has executed this certificate this day of , 2013. CITY OF LA QUINTA, a California Municipal Corporation LAQUINTA INVESTORS, L.P. M3 Page 21 of 23 iv 181 EXHIBIT E PUBLIC ART MAINTENANCE AGREEMENT Pursuant to Article VII. Additional Developers' Obligation of this Art Purchase Agreement, Developer is obligated to maintain certain Artwork as follows: 1. Maintenance of the Public Art. Developer, its successors, assigns, and any successor in interest to the Property, covenants and agrees to maintain the Artwork in accordance with the "Reasonable Standards," as hereinafter defined. Said Artwork includes, but is not limited to, adjacent sidewalks, pedestrian lighting, and landscaping which is part of the Artwork. To accomplish the maintenance, the Developer shall either staff or contract with qualified and if required by law, licensed personnel to perform the maintenance work, including the provision of labor, equipment, materials, support facilities, and any and all other items necessary to comply with the requirements of this Agreement. The obligations of Developer regarding maintenance of the Artwork in accordance with this paragraph 1 are referred to herein as the "Developer Obligations." 2. Reasonable Standards. The following standards ("Reasonable Standards") shall be complied with by the Developer and its maintenance staff, contractors or subcontractors: A. Maintenance shall include, but not be limited to: maintenance of all sidewalks, paths and other paved areas in clean and weed -free condition; maintenance of all such areas clear of dirt, mud, trash, debris or other matter which is unsafe or unsightly; removal of all trash, litter and other debris from the Artwork and immediately surrounding areas and removal of all graffiti. B. Landscape maintenance shall include, but not be limited to: watering/irrigation; fertilization; mowing; edging; weeding; removal and replacement of dead landscaping material; trimming of grass; tree and shrub pruning. C. The Artwork shall be maintained in accordance with the custom and practice generally applicable to comparable high quality commercial properties located within the City, including but not limited to, periodic cleaning and waxing of all artwork. 3. Failure to Maintain Artwork. In the event the Developer does not maintain the Artwork in the manner set forth herein and in accordance with Reasonable Standards, the City shall have the right to maintain the Artwork, or to contract for the correction of such deficiencies, after written notice to the Developer. However, prior to taking any such action, the City agrees to notify the Developer in writing if the condition of the Artwork does not meet with Reasonable Standards and to specify the deficiencies and the actions required to be taken by the Developer to cure the deficiencies. Upon Page 22 of 23 �� 182 notification of any maintenance deficiency, the Developer shall have thirty (30) days within which to commence, and thereafter diligently correct, remedy or cure the deficiency. If the written notification states the problem is urgent and relates to public health and safety, the Developer shall have forty-eight (48) hours to commence to rectify the problem. A. Right to Maintain. In the event the Developer fails to correct, remedy, or cure or has not commenced correcting, remedying or curing such maintenance deficiency after notification and after the period of correction has lapsed, then the City shall have the right to maintain the Artwork. The Developer agrees to pay the City such charges and costs incurred by the City in curing such maintenance deficiency. DEVELOPER: Dated: LAQUINTA INVESTORS, L.P. W. Cody Erwin Manager Page 23 of 23 fl 183 ATTACHMENT 2 JEA SENIOR LIVING Ndanageinent ♦ Developrent Edie Hylton Community Services Director City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 .January 27, 2012 Re: Lo Quinta Art in Public Places Funds Request Dear Ms. Hylton, As a follow up to our previously submitted Art in Public Places developer application, we would like to request funds in the amount of $20,000. We as the developer will cover the remaining $4,300. Please include this request with the other components of our application. Thank you again for your assistance with this application. We look forward to working with you to complete this process and add another valued art piece to the city's Art in Public Places portfolio. Should you have any question, please do not hesitate to contact me. Sincere regards, Carl Sanders Director of Development JEA Senior Living (360) 254.9442 • Fax (360) 254.1770 12115 NE 99th St, Suite 1800 • P.O. Box 820528 * Vancouver, Washington 98682-0011 v 184 a z n ow N OF TKE DEVELOPER'S APPLICATION FOR ART IN PUBLIC PLACES PROJECT PROPOSAL Development Name Caleo Bay Alzheimer's Special Care Center Development Location 47805 Caleo Bav, La Quinta, CA Title of Artwork Double nipper Description of Art Piece Life size sculpture of grandfather and grandchild on stone bench. Artwork Site Location: Nw of building entry next to public sidewalk Developer JEA Development Property Owner LAQUINTA INVESTORS, LP Public Art Fee $17, 634.41 Mark Lundeen Phone 360-254-9442 Phone 360-254-9442 Artist Address 356 East 4th .Street, Loveland, CO 80537 Artist Phone 970 . 667.7275 Media/Materials Bronze and Stone Approximate Weight 350 lbs Approximate Cost $24,300 Dimensions 52' X 56' x 28' Location of Identification Plaque small Flaque to be insta'led in concrete base Description of Foundation/Installation Piece will be installed on a concrete pad with 'pegs bolted to pad. Page 1 of 2 1 0 J Date of Installation shortly after art is approved Distance between Public Street and Artwork Approximately 135' Landscape and Lighting Plans sculpture to be incorporate in the approved landscaping plans with a flush mounted light. Special Concerns Dedication plans To be planned once instailed. Please attach the following: • Site Drawing • Artist Concept Drawing • Artist Resume • Maintenance Plan (including frequency and anticipated costs of maintenance and description of materials). Page 2 of 2 1 It, !" _ pON1A17U01N9$y�j 'wonwonram••a•nnaoeu N ld '$ AllllOtl� 3litl0 AlJOW3W 31I3 nepyveyJDaa �aiuop eluin0 el , OIa10313 j�e p y t� p p w 4��pps � a CID,I �s������s 187 LLI I In v MI' C) r-4 n co, Ir Co 11C. -TPE L3 FOR BENCW ILLUMINATION. MOUNT LANDSCAPE BED. -TYPICAL OF 2, OUTLINE OF TREE -ILLUMINATED TYFIC,, SEE LANDSCAPE F FOR LOCATION, 3/4"C, PROVDE J. FOR FUTURE 1 '2 D4 T L BE� FQ E23 TTP 3\ 5B �L3 L I I V, ,W- 3/4"C tt , \�A1N GATE ILIJ MAGNETIC LOCK5 ND4KEYF=AF)5 (EA- SIDE): MAGNETIC LOCK SYSTEM , DE616NEE) TO BE DEACTIVA\FED BY THE FIRE SPRINKLER OR \,\4L.4Rt-1 SYSTEMS ,45 NEEDED. . . .... .. ... 12J20112 Mark Lundeen Bio Biography Sculptures Mark Lundeen Home Lundeen Sculpture Mark Lundeen is a highly realistic sculptor with a fine sense of detail and creates sculpture with fluid lines, balance and integrity. A native of Holdrege, Nebraska, Mark was educated at the University of Nebraska in Kearney and received a Bachelor of Science degree in Business. After graduating from college, Mark spent eight months in Europe studying the old masters. In 1981, he moved to Loveland, Colorado, established his sculpting studio and began a highly successful career as a sculptor. Mark can capture one moment in time and translate that moment into eternity. A natural born storyteller, he stages his artwork around the stories or emotions the characters portray, allowing each viewer to find a different version. His work has a strong physical presence, whether it is an aggressive athlete, a pensive -- ----- r elder or a shy child. He has received numerous awards and honors that include being tAselected as the University of Nebraska Alumni of the Year in 1996. He has received the Philip Isenberg Award from the Allied Artists of America in New York City for his sculpture "Ragtime Cowboy Joe" and Westword Magazine of Denver, Colorado awarded him Best Sculpture in a Public Place for "Mighty Casey". He has also CO received Best of Show at the Best of Scottsdale Show in Scottsdale, Arizona, for his piece 0-0 "Monkey Business" Magazine articles about Mark and his Sculpture have appeared in Sports Illustrated, Southwest w .lundeensculpture.com/mrds/mark/mark-bio.htm 1/4 12J20/12 Mark Lundeen Bio Art Magazine, Taos Magazine, Newsweek, Western Horseman, Fine Art Collector Magazine and Revue Magazine. Mark is a member of the Allied Artists of America and was one of the youngest ever select to the National Sculpture Society. The most notable of Mark's work is the Sculpture of Jack Swigert, of Apollo 13 fame. Mark was chosen to create the monumental sculpture to be placed in the National Statuary Hall of the Capitol Building in Washington D.C. Oher monumental and life-sized commissioned pieces include placements at Little League Headquarters, Williamsport, Pennsylvania, Amarillo International Airport, Amarillo Civic Center, Amarillo, Texas, Arlington Ballpark, Arlington, Texas, Pro Player Stadium in Miami, Baseball Hall of Fame, McDonalds(D headquarters, Denver International Airport, and various universities, colleges and libraries across the nation. FINFITILIA OOMW[021141 1996 University of Nebraska - Alumni of the Year Award 1993 Allied Artists of America, New York, New York The Philip Isenberg Award, "Ragtime Cowboy Joe" 1991 Westword Magazine, Denver, Colorado Best Sculpture in a Public Place 1990 Best of Scottsdale Show, Scottsdale, Arizona Best of Show, Monkey Business" 14111111154TINtIVILI University of Nebraska in Kearney, Nebraska National Sculpture Society Allied Artists of America im CO PUBLIC PLACEMENTS C) 2012 City Hall, Lakewood, Colorado 2012 Lincoln, Nebraska w.lundeensculpture.comlmrds/marOmark-bio.htM 12120/12 F� cD Mark Lundeen Bio 2012 Scheels, Sparks, Nevada 2004 Little League Headquarters, Williamsport, Pennsylvania 2004 Lexington Museum, Lexington, Nebraska 2004 Jefferson County Public Library,, Lakewood, Colorado 2004 The Heights Baptist Church, Richardson, Texas 2004 Center City of Amarillo, Amarillo, Texas 2004 Amarillo Area Foundation, Amarillo, Texas 2003 Pepsi America, Rolling Meadows, Illinois 2003 Munster Civic Foundation, Munster Indiana 2003 Escondido Charter High School, Escondido, California 2003 City of Edmund, Edmond, Oklahoma 2002 Great American Artists, Cincinnati, Ohio 2002 Topeka, Kansas 2001 USA Children and Women's Hospital, Mobile, Alabama 2001 University of South Alabama Children's & Women's Hospital, Mobile, Alabama 2001 Fountain Hills Library Association, Fountain Hills, Arizona 2001 Casper Rotary Club, Casper, Wyoming 2000 Wichita State University, Wichita, Kansas 2000 University of Northern Colorado, Greeley, Colorado 2000 Olathe School District, Olathe, Kansas 2000 Miami Dolphins - Pro Player Stadium, Miami, Florida 1999 National Jewish Hospital, Denver, Colorado 1999 East Morgan County Library, Brush, Colorado 1999 Eagle Public Library, Eagle, Colorado 1999 Central City Public Schools, Central City, Nebraska 1998 Pro Player Stadium, Miami, Florida 1998 Olathe School District, Olathe, Kansas 1998 Mingenback Foundation, McPherson Public Library, McPherson, Kansas 1998 Denver International Airport, Denver, Colorado 1997 Statuary Hall, Capitol Building, Washington, DC 1997 St. Louis University, St. Louis, Missouri 1997 Ryan Lemmon Stadium, Irvine, California 1997 Good Samaritan Hospital, Kearney, Nebraska 1997 Floridian Golf Course, Palm City, Florida 1997 Colorado Springs Library District, Colorado Springs, Colorado 1996 Miami Dolphins - Pro Player Stadium, Miami, Florida 1996 Florida Panthers, Ft. Lauderdale, Florida 1995 Washburn University, Topeka, Kansas w .lundeensculpture.com/mrds/mark/mark-bio.htm 3/4 12/20112 Mark Lundeen Bin 11995 City of Kearney, Kearney, Nebraska 1994 Pebble Beach Golf Club, Carmel, California 1994 Grand Old Opery, Nashville, Tennessee 1993 Florida Marlins Baseball Club, Miami, Florida 1991 City of St. Tropez, France 1991 City of Seoul, South Korea 1991 City of Rock Hill, Pock Hill, South Carolina 1991 Rosemont College, Lancaster, Pennsylvania 1990 McDonalds Headquarters, Oakbrook, Illinois 1989 The Mel & Elaine Wolf Foundation, Denver,, Colorado 1987 Baseball Hall of Fame, Cooperstown, New York 1986 City of Loveland, Loveland, Colorado Biography e Sc �tures a Lundeen Sculpture a Contact 2 Lundeen. Sculpr�re I hiE :;aye h5t modified August 20 t2 w ..lundeensculpture.comlmrds/mark/mark-bio.htm 4/4 193 4 194 LDa� `/� °k - �° • aw U '/-` S Vic- W9�y AGENDA CATEGORY: CITY SA/HA/FA MEETING DATE: February 19, 2013 BUSINESS SESSION: ITEM TITLE: Legal Options Relating to Operations at CONSENT CALENDAR: California Biomass, Inc., Including Initiation of Litigation and Pursuit of Administrative Actions and the STUDY SESSION: Appropriation of $50,000 from General Fund Reserves. PUBLIC HEARING: RECOMMENDATIONS: 1. Authorize the City Manager to execute a professional services agreement with an air quality/odor expert in preparation of filing a public nuisance action against California Bio-Mass, Inc.; 2. Authorize the City Manager to execute a professional services agreement with a composting expert to assist in formulating odor reduction strategies; 3. Direct the City Attorney to continue coordination with Trilogy residents to collect evidence for a potential public nuisance action against California Bio-Mass, Inc.; 4. Direct the City Attorney to request to intervene in California Bio-Mass, Inc.'s administrative appeal of the Riverside County LEA Notice and Order No. 12-13 to oppose the appeal; 5. Direct the City Attorney to prepare a letter to South Coast Air Quality Management District to be signed by the Mayor requesting that it pursue the citations issued to California Bio-Mass, Inc.; 6. Direct the City Attorney to file a formal request with the Riverside County Planning Commission to commence conditional use permit revocation proceedings for California Bio-Mass, Inc.'s conditional use permit; and 195 7. Direct the City Attorney to continue coordination with County Counsel and Counsel for South Coast Air Quality Management District to enforce all applicable conditions and regulations at the California Bio-Mass, Inc. facility. 8. Appropriate $50,000 from General Fund reserves to fund recommended consultant services. EXECUTIVE SUMMARY: Pursuant to Council direction on February 5, 2013, the City Attorney has completed a thorough investigation into the regulatory violations and public nuisance conditions that exist at the California Bio-Mass, Inc. (Bio-Mass) facility. The results of this investigation have generated a litigation strategy for City Council consideration. The aforementioned recommendations outline this strategy that includes retaining experts who would assist with formulating the City's legal arguments. The City Attorney believes that retaining an air quality/odor expert is essential to the pursuit of public nuisance litigation. The expert would provide the scientific link between the Bio-Mass facility and the odors being experienced by residents of the Trilogy community. The City Council should have the benefit of the expert's assessment before making the final decision regarding whether or not to pursue litigation. Attachment 1 is a proposal from one potential expert, Yorke Engineering, LLC, who came highly recommended in this field. Given that the operator appears to be incapable or unwilling to address the odors, both the City Attorney and staff believe that it is also essential for the City to hire an independent expert on composting odor control. This will assist the City Attorney and staff in both the administrative and legal endeavors. The County's Local Solid Waste Management Enforcement Agency issued a Notice and Order on November 28, 2012, that ordered Bio-Mass to, among other things, minimize off -site odors and cease causing a public nuisance by December 17, 2012. Bio-Mass has appealed this Notice and Order. The City Attorney believes that the City should intervene or otherwise become involved in the appeal to protect the interest of the residents of La Quinta. The South Coast Air Quality Management District (SCAQMD) has issued four public nuisance citations against Bio-Mass, but has not yet pursued them. An official letter from the City requesting that these citations be pursued might be helpful. To date, the County has been hesitant to initiate proceedings to revoke Bio-Mass's Conditional Use Permit (CUP). However, grounds for revocation clearly exist. For this reason, the City Attorney recommends that the City formally request the Riverside County Planning Commission and/or the Riverside County Board of Supervisors hold a hearing and determine if revocation is warranted. 196 The City Attorney would also propose to continue to work with all agencies having jurisdiction over Bio-Mass to pursue steps to bring the facility into compliance with all legal requirements. FISCAL IMPLICATIONS: The initial investigation costs associated with an air quality expert are approximately $20,000. It is anticipated the cost associated with a composting expert would be somewhat less. The cost to prepare, file and pursue a public nuisance complaint would be between $40,000 and $150,000, depending on how long the matter is pending, and the scope of discovery and other actions needed (such as a preliminary injunction). The costs associated with other non -litigation activities (staff and other consultant time) are hard to assess at this time. Since funds for these costs are not included in the Fiscal Year 2012/2013 budget, an appropriation would be needed for future expenses. Funds would be derived from General Fund reserves. BACKGROUND/ANALYSIS: Bio-Mass has been operating its compost facility ("Facility") under a CUP issued by Riverside County, which was most recently renewed in September 2010, and is set to expire on December 31, 2014. Bio-Mass has also been issued a solid waste facility permit by the Riverside County Department of Environmental Health ("County DEH"), the local enforcement agency acting under the California Department of Resources Recycling and Recovery ("Cal Recycle"). History of Violations and Public Nuisance Conditions The closest La Quinta residences to the Facility are located approximately one mile away in the Trilogy community. For more than a year, Trilogy residents have been reporting unbearable odors and air contaminants that are stemming from Bio- Mass's operations. More than 480 complaints were documented by SCAQMD between August 2012 and the third week of January 2013. County DEH and SCAQMD have both confirmed on numerous occasions that the odors are, in fact, emanating from Bio-Mass's activities. County DEH conducts monthly inspections of the Facility. Since March 2012, every monthly inspection report has identified Bio-Mass as being in violation of applicable regulations due to, among other items, nuisance -level odors. Due to repeated regulatory violations concerning odors, CalRecycle sent Bio-Mass a letter in July 2012, which indicated that Bio-Mass would be placed on CalRecycle's "Inventory of Solid Waste Facilities Which Violate State Minimum Standards" ("Inventory") unless Bio-Mass brought the Facility into compliance within 90 days. Thereafter, violations continued to be identified during County DEH's monthly 197 inspections, which led to Bio-Mass being placed on CalRecycle's Inventory as of October 2012. Bio-Mass remains on CalRecycle's Inventory to this day. In addition to being placed on CalRecycle's Inventory, Bio-Mass has been issued numerous notices of violation by agencies with regulatory authority over the Facility. Since July 2012, Bio-Mass has been cited four times by SCAQMD for being a public nuisance. SCAQMD has not yet prosecuted the violations. County DEH has also issued two Notice and Orders to Bio-Mass, one in August 2012 and the other in November 2012. The August 2012 Notice and Order formally declared that Bio-Mass "is creating a public nuisance, that Best Management Practices are not minimizing off site odors, and [Bio-Mass] Odor Impact Minimization Plan (dated June 2012) is not effective in minimizing off site odors." Following that Notice and Order, Bio-Mass allegedly made certain changes to reduce off -site odors. However, the November 2012 Notice and Order makes clear that Bio-Mass did not resolve the problem, stating (in relevant part): "[01dor impacts are still occurring. The odor intensity remains at a high concentration and off -site odor complaints are still occurring." The November 2012 Notice and Order from County DEH includes a timeline of dates by which Bio-Mass must take certain actions. Among the deadlines included are (1) the minimization of off -site odors and cessation of causing a nuisance by December 17, 2012, and (2) the submission of a plan by December 31, 2012 that provides assurance of continued minimization of odors and lack of creation of a public nuisance. Bio-Mass has failed to meet both requirements. Bio-Mass filed an appeal of the Notice and Order and requested that CalRecycle issue a stay of the Notice and Order pending resolution of the appeal. (See Attachment 2.) CalRecycle denied Bio-Mass's stay request. (Attachment 3.) According to County Counsel, a hearing on the appeal has not yet been scheduled and will likely not occur until October 2013. The January 2013 inspection report from County DEH indicates that at least three incidents of off -site odors were confirmed by County DEH as stemming from Bio- Mass' operations during the first three weeks of January. In addition, SCAQMD's complaint log for January 2013 indicates that odor complaints were confirmed as originating from Bio-Mass' facility on approximately seven additional dates during that same time period. Although the odors emanating from Bio-Mass's operations are a significant concern, they are not the only concern. Large dust clouds are consistently being emitted by Bio-Mass's Facility. Additionally, the City Council has received letters from medical doctors that discuss how the odors and other air contaminants being produced Bio-Mass are affecting the health of their patients who live near the Facility. The a -mails from residents complaining about the odors often contain details regarding how the odors and emissions are affecting their health. •�... 19 3 Based on a review of the conditions of approval contained in Bio-Mass's CUP, Bio- Mass's actions appear to violate at least the following two conditions: General Conditions, Planning #5: The development of these premises shall comply with the standards of Ordinance No. 348 and all other applicable Riverside County ordinances and State and Federal codes. General Conditions, Planning #19: In the event the use hereby permitted under this permit, a) is found to be in violation of the terms and conditions of this permit, b) is found to have been obtained by fraud or perjured testimony, or c) is found to be detrimental to the public health, safety or general welfare, or is a public nuisance, this permit shall be subject to the revocation procedures. With respect to General Conditions, Planning #5, Bio-Mass plainly is not in compliance with all laws. Bio-Mass is listed on CalRecycle's list of "solid waste facilities which violate state minimum standards," Bio-Mass has been issued four notices of violation by SCAQMD for violating AQMD's regulations, Bio-Mass has been issued two Notice and Orders by County DEH for violation of applicable regulations, and virtually every monthly inspection report from County DEH identifies multiple statutory and/or regulatory violations (e.g., odors, dust, leachate). As for General Conditions, Planning #19, the language is clear that operating as a public nuisance or in a manner that is a detriment to the public health, safety or welfare is grounds for CUP revocation. Based on the known facts, all of the documentation and the continuous reports from local residents concerning issues emanating from Bio-Mass's Facility, there is strong evidence that Bio-Mass's operation is a public nuisance and a detriment to the public health and welfare. Options Available to the City of La Quinta Among the options available to the City at this time are the following: Civil Litigation To address the nuisance situation, the City, on behalf of its residents, could chose to file a civil lawsuit against Bio-Mass. The lawsuit would seek an injunction (i.e. a court order) prohibiting Bio-Mass from engaging in nuisance activities, including the creation of offensive off -site odors. This option would not be an immediate solution because obtaining a permanent injunction would likely be a lengthy process (12+ months). If the City were to go this route, then the City Attorney would also recommend seeking a preliminary injunction prohibiting the release of odors within the City of La Quinta. d 199 Engage Air Quality And Composting Experts 6 Retaining an air quality/odor expert would be critical to obtaining the evidence necessary to pursue a civil action. The expert would review available data and information, perform site inspections, interview residents, develop a proposed data collection and monitoring plan, and assist in developing potential odor reduction measures. It would likely take a few weeks for an expert to complete this work, and the expert's end product would provide the City with additional information to assist in deciding whether to pursue litigation. Engaging an expert knowledgeable about composting/recycling and odor control would also be beneficial. Such an expert would review available data and information concerning Bio-Mass's operations and techniques being used or mandated to control odors, perform site inspections, and develop potential additional odor minimization techniques. Any mitigation methods formulated could then be suggested to the relevant regulatory agencies for implementation. In addition, the expert would provide analysis pertinent to any legal endeavors that the City may wish to pursue. Intervene In Bio-Mass's Administrative Appeal Of County DEH Order The City may request to intervene in or otherwise be heard during the course of the hearing on Bio-Mass's appeal of the November 2012 Notice and Order issued by the County DEH. The purpose would be to urge the hearing officer to uphold the County DEH's Order so that La Quinta residents' health and welfare are protected. We have conveyed the City's desire that the hearing be held in La Quinta. We could include this request in the letter requesting intervention. Formal Action In Support Of County DEH And SCAQMD Efforts County DEH is authorized to require Bio-Mass to take additional reasonable and feasible measures to minimize odors if problems are persisting despite compliance with the Odor Impact Mitigation Plan that is in effect. In addition, Bio-Mass's Solid Waste Facility Permit authorizes County DEH to: (1) suspend or modify the facility's operations when necessary due to, among other things, the creation of a nuisance; and (2) require Cal Bio-Mass to cease the use of any non -green waste stream if County DEH finds that it cannot be composted and processed without causing a nuisance. The City could take formal action asking the County DEH to take further actions, which could include, among other things, ordering Bio-Mass to implement additional odor minimization measures, suspending or revoking Bio- Mass's solid waste facility permit and/or imposing civil penalties. Legal counsel for SCAQMD is in the process of reviewing reports related to the notices of violation. SCAQMD has a variety of methods available for obtaining 200 compliance, including the imposition of heavy fines. The City Council could take formal to request SCAQMD to expeditiously pursue enforcement related to pending (and any future) violations. Formal Action In Support Of County Efforts The County has grounds to revoke Bio-Mass's CUP (which would entirely shut down Bio-Mass's operations) and to pursue code enforcement against Bio-Mass. The City could take formal action asking the County to revoke Bio-Mass's CUP for the above -described reasons. The County would follow due process procedures to effectuate the revocation, which could take many months. Bio-Mass could challenge a revocation of its CUP by filing a lawsuit against the County. A formal letter from the City Council to Riverside Planning Commission and the Director of the Building and Safety Department requesting revocation may be in order. The appointment of a receiver might be appropriate to handle the closure process. Receivers are frequently appointed to abate public nuisances. Some questions have been asked regarding what remedy the County would have if Bio-Mass just abandon's the site. We have confirmed that the County had a bond in the amount of $120,000 issued by the Washington International Insurance Company. ALTERNATIVES: The alternative actions are set forth above. Respectfully submitted, 'A. ­... �4� Ah M. Katherine Jenson 'ty Attor _ Attachments: 1. Proposal for Air Quality Assistance — Odor Support Services from Yorke Engineering, LLC. 2. Appeal and Request for Stay of Riverside County LEA Notice and Order filed by California Biomass, Inc., dated December 12, 2012 3. Staff Report and Determination from CalRecycle denying Request for Stay ,t 2 01 work V' a ATTACHMENT 1 ENGINEERING, LLC www.Yorl<eEngr.com Ms. Katherine Jenson Rutan & Tucker, LLP 611 Anton Boulevard, 141h Floor Costa Mesa, CA 92626 Work: (714) 641-3413 Fax: (714) 546-9035 E-mail: KJenson@Rutan.com Subject: Proposal —Air Quality Assistance —Odor Support Services Dear Ms. Jenson: February 11, 2013 Thank you for this opportunity to assist Rutan & Tucker, LLP by providing air quality and odor services. QUALIFICATIONS Yorke Engineering, LLC (Yorke) was founded in 1996 to provide professional air quality services to clients in government and industry. With offices in Los Angeles, Alameda, Kern, Fresno, Orange, Ventura, and Riverside Counties, we specialize in South Coast air quality compliance and have served over 300 client organizations, including industrial processing firms, manufacturing companies, hospitals, metal processing companies, cogeneration facilities, recyclers, utilities, cities, counties, and special districts. We work routinely with and are well respected by the air agency staff at the South Coast Air Quality Management District (SCAQMD), Region IX of the U.S. Environmental Protection Agency (EPA), and the California Air Resources Board (CARB). Yorke has performed well over 4,000 South Coast air quality projects, including hundreds of air permit applications, over 100 health risk assessments, Title V renewal applications, Regional Clean Air Incentives Market (RECLAIM) reporting, air quality emission inventories, and analyses involving stationary and mobile sources. Yorke has been involved in permitting and compliance for Title V, New Source Review (NSR), National Emission Standards for Hazardous Air Pollutants (NESHAPs), and RECLAIM facilities, and we have been successful in working with the SCAQMD to resolve critical permitting and compliance issues. Yorke has 20 air quality specialists in Southern California, including eight SCAQMD Certified Permitting Professionals. In addition, Judy Yorke is on the SCAQMD Permitting Streamlining Task Force and has been involved in air quality industrial pemritting for over 20 years. Yorke is well qualified to provide outstanding air quality monitoring and odor support services to Rutan & Tucker. For more information on Yorke, please visit our website at www.YorkeEngr.com. LOS ANGELES/ORANGE COUNTY/RIVERSIDE/VENTURA/FRESNO/OAKLAND/BAKERSFIELD 31726 Rancho Viejo Road, Suite 218 ♦ San Juan Capistrano, CA 92675 ♦ Tel: (949) 248-8490 ♦ Fax: (949) 24878499 2 � 2 Rutan & Tucker, LLP February 11, 2013 Page 2 of 7 BACKGROUND We understand the City of La Quinta (the City) has received numerous complaints from residents about odor emanating from the California Bio-Mass, Inc. composting facility. The City would like to commence legal action against the facility for creating nuisance odors. SCOPE OF WORK The scope of work includes the effort to review current information and develop a proposed data/information collection and monitoring plan. The goal of the data and information to be developed is to assess and characterize the odors in support of legal action. To produce the plan, information will be gathered from the existing monitoring data, the enforcement actions taken to date, plans and other documents developed by the facility, a site inspection, and interviews with key residents. We will perform the following tasks as necessary: Task 1— Review Currently Available Data and Information Yorke will gather and review the currently available data and information. This effort will include contacting the SCAQMD and, if necessary, meeting with them to gather information and data they have collected and are able to provide on the odors and operations at California Bio-Mass. In addition, we will request and collect information that is available from the County of Riverside's Department of Environmental Health, including Best Management Practices, Odor Impact Minimization Plans, and amendments that have been developed and are required. We will then review the existing monitoring data, mitigation measures, plans, the enforcement actions taken to date, and other documents developed by the facility. Task 2 — Site Inspection and Resident Interviews Following review of the data and information, we will schedule a site inspection and interviews or meetings with residents. During the site inspection of the California Bio-Mass facility, Yorke will observe and take pictures of the site and operations, we will verify the odors versus site locations, surrounding environment, and other potential sources of odors, and we will determine where and how monitoring could be performed (i.e., where equipment can be set up and operated, and if power is potentially available). Yorke will also meet with key residents to better understand the odor issues and concerns, including observed times and wind directions of intensity. Task 3 — Develop Proposed Data Collection and Monitoring Plan Following Tasks 1 and 2, Yorke will prepare a proposed plan to develop a body of data and information that would support the City's proposed litigation. The main goal would be to collect monitoring data and/or other direct evidence on the odors and/or pollutants that have been propagating from the facility operations and resulting in complaints. A draft written plan will be provided to the City for review and comment before the final plan is completed. Deliverable: Proposed Data Collection and Monitoring Plan 1 orkc Engineedng, LLC 2uli Rutan & Tucker, LLP February 11, 2013 Page 3 of 7 (Optional Task) Task 4 — Develop Summary of Potential Mitigation Measures If appropriate, as an optional task, Yorke can develop a summary of potential mitigation measures that have not been included in the plans and amendments currently required by California Bio-Mass. This summary would provide the City with information on odor reduction measures that may/should be used in discussions with the County or SCAQMD to address the situation and/or to include in the litigation (as measures not taken or insufficiently implemented). These measures would include Best Management Practices and odor reduction techniques used at other waste recycling and management facilities. Deliverable: Summary of Potential Mitigation Measures COST ESTIMATE We propose to perform this effort on a time and materials basis. Thus, only the effort required will be billed. If additional or unusual circumstances arise and additional effort is needed, authorization will be obtained prior to any additional effort. Table 1: Estimated Engineering Hours Task Description Hours I Review Currently Available Data and Information 24 2 Site Inspection and Resident Interviews 24 3 Develop Proposed Data Collection and Monitoring Plan 36 4 Develop Summary of Potential Mitigation Measures (Optional) 36 Total (Hours) 120 Table 2: Cost Estimate Task 1-3 and 2013 Labor Rates* Labor Category Hours Labor Rate ($/Hour) Extended Principal Engineer II 48 $174 $8352.00 Principal Engineer I $166 $0.00 Senior Engineer 32 $154 $4928.00 Senior Scientist/Project Manager $144 $0.00 Engineer $139 $0.00 Scientist $124 $0.00 Staff 4 $91 $364.00 Clerical/Project Support 1 $70 $70.00 ODCs* * $0.00 Total $13714.00 +t 204 Engineering, LLC Rutan & Tucker, LLP February 11, 2013 Page 4 of 7 Table 3: Cost Estimate Task 4 (optional) and 2013 Labor Rates* Labor Category Hours Labor.Rate{$/Hour) Extended Principal Engineer II 16 $174 $2784.00 Principal Engineer I $166 $0.00 Senior Engineer 16 $154 $2464.00 Senior ScientistlProject Manager $144 $0.00 Engineer $139 $0.00 Scientist $124 $0.00 Staff 4 $91 $364.00 Clerica"roject Support 1 $70 $70.00 ODCs** $0.00 Total $5682.00 *Labor rates adjust by 3.5% rounded to the nearest dollar on January I" of each year. **Other direct costs, such as shipping and copies, will be billed at cost, and mileage will be billed at the standard IRS rate, except subcontracted source testing, if required, will be marked up 10%. Assumptions In preparation of our estimate, we have made the following assumptions: ■ One site visit will be made to the California Bio-Mass facility; ■ Surveys or other written information collection instruments are not anticipated at this time; • Interviews or meetings will be held on one day; ■ One on -site meeting at the SCAQMD is expected; and ■ Additional meetings or conference calls that are not included in this budget may be performed on a time and materials basis. n. 205 Engineering, LLC Rutan & Tucker, LLP February 11, 2013 Page 5 of 7 AUTHORIZATION TO PROCEED If you concur with our proposal, you may simply fax [(949) 248-8499] or e-mail back this signed contract for us to begin, or if you prefer you may incorporate this proposal into your own purchase order or contract. The terms and conditions for performing this effort are contained in Attachment A. Thank you again for this opportunity to assist in this project, and we look forward to working with you. If you have any questions, please call me at (949) 248-8490 x228. Sincerely, ,� W.,�e� Brian A. Yorke Operations and Marketing BYorkena,YorkeEner, com Signature of Agreement Printed Name and Title Date 2C6 1 orkc Engineering, LLC V� worke ENGINEERING, LLC www.YorkeEngr.com ATTACHMENT A Yorke Engineering, LLC Terms and Conditions Scope of Services Yorke Engineering, LLC ("Yorke") agrees to perform the services particularly described in the agreement to which these terms are attached. The services are to be performed by Yorke as a consultant to Rutan & Tucker, LLP (CLIENT). Compensation CLIENT agrees to pay, and Yorke agrees to accept, compensation in accordance with the agreement to which these terms are attached. Payment will be made Net 30 days. Responsibility of Yorke Engineering Yorke is an independent contractor. CLIENT shall not direct the services or the means for accomplishment of the services to be performed. CLIENT, however, retains the right to require the services provided by Yorke to meet specific standards and requirements of the project without regard to the manner and means of accomplishment thereof. Termination CLIENT may terminate this contract for its convenience. Yorke shall be compensated for services provided to the date of termination. If Yorke persistently fails to provide the services in a manner satisfactory to CLIENT, then CLIENT may terminate this contract. Yorke shall be compensated for completed and useful services provided to the date of termination. Choice of Law/Jurisdiction This contract shall be subject to the laws of the State of California. Jurisdiction of litigation shall be in that state. Severability If any part of this contract is found to conflict with applicable laws, such part shall be null and void, but the remainder of this contract shall be in full force and effect. Limitation of Liability It is specifically agreed by and between Yorke and CLIENT, as a reasonable allocation of risks hereunder, that in no event shall Yorke's liability (including Yorke's employees, subcontractors, and consultants) to CLIENT exceed: A. As to liabilities relating to defects of design, remedial action, failure to render services, ordinary negligence, errors and omissions, permitting, and other similar actions arising under any individual project, not more than the dollar value of the applicable project; or B. As to all other remaining liabilities of every kind or nature, the sum of $5,000.00 in aggregate for all such liabilities under this contract. LOS ANGELES/ORANGE COUNTY/RIVERSIDE/VENTURA/FRESNO/OAKLAND/BAKERSFIEL{� 31726 Rancho Viejo Road, Suite 218 ♦ San Juan Capistrano, CA 92675 ♦ Tel: (949) 248-8490 ♦ Fax: (949) 248-84 -9: = 207 Rutan & Tucker, LLP February 11, 2013 Page 7 of 7 Consequential Damages Yorke shall not be liable to CLIENT for any incidental, indirect, special, or consequential damages (including but not limited to damages for loss of use, power, business good will, revenue, or profit, nor for increased expenses or business interruption) arising out of or related to the performance or non-performance of this contract and related project. Non -Solicitation and Recruiting Fees During the term of this agreement and for 2 years from the date the agreement is terminated, CLIENT will not directly or indirectly, on their own behalf or on behalf of or in conjunction with any person or legal entity, recruit, solicit, or induce, or attempt to recruit, solicit, or induce, any Yorke employee for employment who is involved in the performance of their duties for the CLIENT. If a violation of the Non -Solicitation portion of this agreement is discovered, or the CLIENT chooses to hire the aforementioned Yorke employee, the CLIENT agrees to pay Yorke a fee equal to an amount of 75% of the Yorke employee's current salary within 10 business days as a recruiting fee. Indemnity Yorke agrees to indemnify CLIENT, its directors, employees, and officers, from and against only those direct claims, causes of action, liabilities, costs, or expenses, including reasonable attorneys' fees (excluding consequential and indirect damages) finally awarded and attributable directly to bodily injury, death, or property damage that CLIENT incurs as a result of actions and that arises directly out of and to the extent of Yorke's negligent acts or willful misconduct in and occurring during the performance of this contract. CLIENT shall provide Yorke reasonable assistance in defense or settlement of such claims. All of the indemnity and other provisions of this paragraph shall also reciprocally apply so that CLIENT is the indemnitor and Yorke is the indemnitee in a corresponding indemnity by CLIENT in favor of Yorke. In the event any liability to a third party results from the joint, concurrent, or combined negligence of Yorke and CLIENT, then Yorke and CLIENT will only indemnify, defend, and hold each other harmless to the extent of the indemnitor's allocable portion of such joint, concurrent, or combined negligence. Yorke shall not be responsible for any damages, costs, or other liability arising out of precontract or site environmental problems or for any liabilities that may arise from the non - negligent performance by Yorke of the work. Integration The terms and the agreement to which they are attached represent the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters. This contract may not be modified except in writing, signed by both parties. _ 208 1 orkc Engineering, LLC ATTACHMENT 2 LAW OFFICES FULLERTON, I..EMANN, SCHAEFER & DOMINICK, DAVID P. DOLELLA LLP ARID M. DAVISON 215 NORTH D STREET. FIRST FLOOR ROBERT V. FLILLERTON THOMAS W. DOMINICK- BAN BERNARDINO, CALIFORNIA 92401-1712 1I91 S - 2OD91 R M. TELEPHONE I909) 689.3691 WIL C. , Lt Or UUUN..I LEE 6.D LEE S. MADI INGER FACSIMILE 4909) SOS-5119 DANIEL W, HOLDEN ICHAEL EMAIL: mschapr61(t�asd.tom M SCHA R. BCHAEFER FIRM WESSITE: WWW.FLSO.COM PALM. DeaenT OFF¢E CRAPS E. WILSON (9601 999-9592 'QERT111EG SPECULIIIT PROS.TTE, CBTATC PLANNING 6 TRUST LAW TNC DT.T. O.R pF C/.LIFORNIP B OAR6 CFLCOAL 61ECIAWZA1I0N December 12, 2012 VIA HAND DELIVERY AND EMAIL LHolk@rivcocha.orq Laurie Holk Supervising Environmental Health Specialist Riverside County Department of Environmental Health 47950 Arabia, Suite A Indio, CA 92234 Re: Appeal of Riverside County LEA Notice and Order No 12-13 Dear Ms. Holk: I represent California Bio Mass, Inc. and Michael Hardy in connection with Riverside County LEA Notice and Order No. 12-13. California Bio Mass, Inc., and Michael Hardy hereby appeal LEA Notice and Order No. 12-I3, a copy of which is enclosed. Very truly yours, FULLERTON, LEMANN, SCHA�oML�%'c/ LP Michael R. Schaefer MRS:mr Enclosure 2.�� LAW OFFICES FULLERTON, LEMANN, SCHAEFER & DOMINICK, LLP OAVID P. A ARIC M. DAVISONAVIBON 215 NOflTH D STREET. FIRST FLOOR THOMAS W, DOMINICK• SAN 9ERNARDINO, CALIFORNIA 924131-171 2 AMAR M. MATTI TELEPHONE 19C91 889-3691 WILFRID C, LEMANN FACSIMILE(909) 000-5119 LEE B. MADINOER EMAIL: 116Chaerer@ASd.WR1 MICHAEL R. SCHAEFER FIRM WESSITEI WWW.FLSD.COM 'CRAID E. WILSON 'OERTIFIED SPECIALIST 1R1IA11, COT.19 PMNNIND 6 TRUDT LAW THE STAYC GAR Of CALIFORNIA GOARD OF LEML SPECIALIZATION December 12, 2012 Ms. Caroll Mortensen Director Department of Resources Recycling and Recovery (CalRecycle) 10011 Street--P.O. Box 4025 — Mail stop 25A Sacramento, CA 95812-4025 ROBERT V. FULLERTON (1 916 — 2009, DANIEL W. HOLDEN PALM DE6ERT DFFICE 17601779-9573 Re: Stay of Appeal of Riverside County LEA Notice and Order No. 12-13 Dear Ms. Mortensen: I represent California Bio Mass, Inc. and Michael Hardy in connection with their appeal of Riverside County LEA Notice and Order No. 12-13, a copy of which is enclosed. California Bio Mass, Inc. and Michael Hardy hereby request a stay of the effect of a portion of the Notice and Order issued by the Local Solid Waste Management Enforcement Agency for Riverside County No. 12-03. The stay is requested for the following portions of the Notice and Order; That the operator is to minimize off site odors occurring from the facility in any direction and cease causing a public nuisance. 2. That by December 31, 2012 operator is to submit a plan with timeframes providing assurance of continued minimization of odors and lack of creation of a public nuisance. The plan is to include all existing measures being taken and any future measures to maintain the requirements of Section III(a). 3. Continue the cessation of acceptance of any odiferous liquids that may cause a public nuisance. 4. By August 19, 2013 completely process existing static piles and overs that contain grease in a manner that minimizes off -site odors from occurring from the facility in any direction and in a manner that does not cause a public nuisance. 210 Ms. Caroll Mortensen December 12, 2012 Page 2 No stay is requested for the following portions of the Notice and Order: Continue the new liquid waste integration protocol of applying non-odiferous liquids. 2. Process all other static piles in a timely manner per Title 14, CCR, Chapter 3.1 Regulations. California Bio Mass, Inc. and Michael Hardy have formally appealed Notice and Order No. 12-13. The basis for the appeal is that the order directing the operator to "minimize off -site odors occurring from the facility in any direction and cease causing a public nuisance" is impermissibly vague because it does not contain any objective standard by which the performance of the operator can be measured. The operator contends that the odor complaints are the result of a small number of residents who want to force the operator out of business. The operator has retained a consultant and believes that through the appeal process an objective standard for the classification of odor complaints can be developed. The operator also believes that once the objective standard is developed existing technology can be used to measure the severity of odors. Use of objective standards and objective measurements will permit the LEA and the operator to more effectivejudge the success or failure of odor mitigation plans. If the Notice and Order goes into effect immediately neither the Operator nor the LEA will have the benefit of any objective criteria for determining whether the Operator is in compliance. A stay will permit both the Operator and the LEA, acting through the appeal process, to define the criteria which by which the success or failure of the Operator will be judged. After an amended order is issued then it will be the responsibility of the Operator to submit a plan to meet the criteria set forth in the amended order. The operator is in compliance with the current Odor Impact Minimization Plan which requires it to reduce grease trap and grease water by 50% of the volume accepted at the facility in April 2012. The volume of odiferous liquids is properly addressed as an element in a new plan providing the assurance of continued minimization that will be prepared and approved after the appeal process is completed. The stated deadline of August.19, 2013 to completely process existing static piles and overs that contain grease is arbitrary and is also a matter that should be addressed in the new plan. The facility is located in the Coachella Valley which experiences high temperatures and a diminished resident population in the summer and early fall. The Operator believes that commencement of processing existing static piles during the cooler months is likely to increase Ms. Caroll Mortensen December 12, 2012 Page 3 odor complaints due to unfavorable climatic conditions and larger resident population. Issuance of a stay is in the interests of justice. Very truly yours, FULLERTON, LEMANN, SCHAEFER & DOME✓l/CK,LLP Michael R. Schaefer MRS:mr cc: Ms. Laurie Holk (via email LHolk@rivcocha.orc) 212 California Environmental Protection Agency Pemor CdecydelaDEPARTMENT OF RESOURCES RECY(- ATTACHMENT 3 10011 STREET, SACRAMENTO. CALIFORNIA 95814 • www.CALRECYCLE.CA.GOV • (916) 322-4027 P.O. BOX 4025, SACRAMENTO, CALIFORNIA 95812 December 27.2012 Justin Roberts, Manager California Bio-Mass, Inc. 83-109 Avenue 62 Thermal, CA 92274 RE: California Bio Mass, Facility No. 33-AA-0259, Request for Stay of Notice and Order (1.2-03) Dear Mr. Roberts; On December 19, 2012, Department of Resources Recycling and Recovery (CalRecycle) staff received a request to stay the Riverside County Local Enforcement Agency's (LEA) Notice and Order (N&O) (12-03). 1 have considered the request and the information provided by Fullerton, Lemann, Schaefer, and Dominick, LLP on your behalf, as well as information provided by the LEA and CalRecycle staff. On the grounds stated in the enclosed Director Action Request, date December 19, 2012, 1 cannot find any evidence of extraordinary circumstances that would justify a stay of the N&O. Therefore, l cannot. support a request for a stay of the N&O. If you have any questions regarding this action, please contact Georgianne Turner of my staff at (916) 341-6429. Sincerely, Caroll-tvlorlensen, Director CalRecycle cc: Michael R Schaefer 215 North D Street, First Floor San Bernardino, CA 92401 mschaeforrti llsdxom Mr. Steve Van Stockum, Director Community Health Agency Department of Environmental Health P.O. Box 7600, Room 104. Riverside, CA 92513-7600 Laurie, Fiolk, Supervising REHS, Riverside County LEA ho Iklrr'tri vcocha.urg 21 1RI1MA4 PRINIEDON IN %aKTC MWVU c WIYNC PROWN7011f RINFAFF. PAPER DIRECTOR ACTION REQUEST To: Caroll Mortensen, Director Department of Resources Recycling and Recovery Reviewed by: Lorraine Van Kekerix, Branch Chief( i`� Waste Evaluation and Enforcement Branch Michael Bledsoe, Senior Legal Counsel Legal Affair Office From: Mark de Bie, Deputy Director Waste Compliance, Mitigation and Permitting Division Prepared By: Georgianne Turner, Section Manager Solid Waste Enforcement Section Request Date: December 19, 2012 Action By: December 27, 2012 Decision Subject: Consideration of Stay of Notice and Order, No. 12-03, for California Bio Mass Composting Facility, Riverside County (33-AA-0259) SUMMARY On November 28, 2012, the Riverside County LEA issued California Bio Massa Notice and Order No. 12-03 (N&O) to minimize off -site odors and cease causing a public nuisance. A letter dated December 12, 2012, originally received by e-mail from the LF.A on. December 13, 2012 and e- mailed directly to CalRecycle staff on December 19, 2012, indicates that the operator of the California Bio Mass, through their lawyer Fullerton, Lemann, Schaefer & Dominick, has requested the Director of CalRecycle to stay the N&O under provisions of Public Resources Code (PRC), Section 45017.The operator has also appealed the N&O to the LEA's Hearing Officer pursuant PRC 44307. The LEA is currently in the process of setting up the hearing which must occur within 30 days pursuant to PRC 44310. 214 Consideration of Stay ofN&O (12-03) for California Bio Macs; Inc. December 19. 2012 Director Action Request Page 1 DIRECTOR ACTION REQUEST TIMEFRAMES- Under PRC 45017(a)(2)(C) CalRecycle is required to consider and act within three (3) days if the owner or operator of a. permitted facility alleges, and the Director of CalRecycle finds, that the enforcement order will preclude or interfere with the provision of'an essential public service that would cause an adverse effect on the public health and safety or the environment. That provision does not apply here because the owner/operator has not alleged such facts and CalRecycle staff is not aware of any facts on which the Director could make the necessary finding. Under PRC 45017(a)(2)(D), if CalRecycle's Director does not find that that the enforcement order will preclude or interfere with the provision afan essential public service that would cause an adverse effect on the public health and safety or the environment, the Director's determination must be made in 14 days. Staff received a copy of the request on December 13, 2012 via e-mail from the LEA. On December 19, 2012 staff had not yet received the request in the mail. Staff contacted the operator's attorney to ask for the request to be directly e-mailed to CalRecycle so that we could process the request in a timely manner and assure that we had all evidence provided by the operator's attorney in order to assure a complete and accurate assessment of the request. CalRecycle staff received the request directly via e-mail on December 19, 2012. Since PRC 45017(a)(2)(C) does not apply, CalRecycle has 14 days to act on the request. OPTIONS 1. Stay the effect of a portion of the order, as requested by the operator, pending the completion of administrative appeals before the Riverside LEA hearing officer or CalRecycle. 2. Stay the effect of a portion of the order, amending the request of the operator, pending the completion of administrative appeals before the Riverside I.J,,A hearing officer or CalRecycle. 3. Deny the request for stay. ANALYSIS AND FINDINGS PRC Section 45017(a)(2) allows the owner or operator of a solid waste facility operating under a solid waste facilities permit to petition the Director of CalRecycle to stay the effect of an enforcement order or determination, or portion thereof, pending the completion of administrative appeals before the hearing panel or hearing officer or CalRecycle. The petition is required to be in writing and must state the extraordinary circumstances that justify the stay. It must also state facts which demonstrate that, if the order or determination takes immediate effect, it "will preclude or interfere with the provision of an essential public service ... (such that) the public health and safety or the environment will be adversely affected." (PRC Section 45017(a)(2)(B)) 215 Consideration of Stay ofN&O (12-03) for California Bin Mass. Inc. December 19. 2012 Director Action Request Page 2 DIRECTOR ACTION REQUEST The request is for a stay of four (4) of the six (6) orders in the N&O No. 12-03, as follows: 1. Request to stay the order to minimize off -site odors occurring fonn the facility in any direction and cease causing a public nuisance. 2. Request to stay the order that by December 31, 2012, the operator is to submit a plan with timeframes providing assurance of continued minimization of odors and lack of creation of a public nuisance. The Plan is to include all existing measures being taken and any future measures to maintain the requirements in 1 above. 3. Request to stay the order to continue the cessation of acceptance of any odiferous liquids that may cause a public nuisance. 4. Request to stay the order that the operator, by August 19, 2013, completely process existing static piles and overs that contain grease in a manner that minimizes off -site odor from occurring from the facility in any direction and in a manner that does not cause a public nuisance. The operator is not requesting a stay for the following two (2) orders in the N&O: 1. The operator to continue the new liquid waste integration protocol of applying non- odiferous liquids. 2. The operator to process all other static piles in a timely manner per Title 14, CCR, and Chapter 3.1 Regulations. The request states that if the N&O goes into effect immediately neither the LEA nor the operator will have the benefit of any objective (odor) criteria for determining whether the operator is in compliance with the N&O and only after that objective standard is set is it reasonable for the operator to submit a plan to meet the criteria that is set forth in the amended order. Furthermore, the request indicates that beginning to process the static piles in the winter may cause more odors due to the climatic conditions. Staff note the compliance date for such processing does not have to be completed until August 19, 2013, thus does not create any immediate consequence from implementing this section of the N&O and therefore is more appropriate for discussion during the appeal process. The request for stay did not identify any essential public service interruption that would result from the N&O. Staff cannot find any evidence that there would be any interruption of service to the cornrnunity that would. affect the public health and safety or the environment, Since October 1, 2012, the operator had ceased taking all odiferous liquid wastes, including but not limited to, grease containing liquid waste, milk and fruit juice. According to the LEA, the current infrastructure is handling the diverted material effectively. The material is being handled out of county and some material is being accepted by Coachella Valley Composting Facility. 216 Consideration of Stay of N&O (12-03) for California Bin Mass, Inc. December 19, 2012 Director Action Request Page 3 DIRECTOR ACTION REQUEST Compliance History In 2011,the facility did not receive any violations for odor. However in 2012 the LEA received numerous odor complaints and cited eight (8) violations for failure to minimize odor impacts and two (2) violations requiring the operator to revise its Odor Impact Minimization Plan (OIMP). As a result the LEA and the operator took the following steps in an effort to obtain compliance at the site: • The LEA met with the operator on the required GIMP revisions and the following operational changes were requested by the LEA and memorialized in a letter dated June. 14, 2012; 1. Reduce grease trap waste, 2. Eliminate placement of grease trap waste/water on material not going through pathogen reduction process, 3. Iliminate grease trap water to be used as dust control, 4. Reduce acceptance of any odirerous loads which may contribute to off -site odor impacts, 5. Decrease size of any new static piles to maximize aeration, 6. Cease adding material to existing static piles, 7. By June 15, 2012 cap the top of the dirt pile that received grease water on the Southwest side of the facility, 8, Begin to combine materials to create a higher carbon to nitrogen ratio (greater than 30:1). • The operator complied with the requested and implemented the revised June 11, 2012 OIMP. However odor issues were still being documented by the LEA. • The LEA issued a N&O (12-02) on August 30, 2012 requiring the operator to reduce all grease containing liquids by 50%by September 30, 2012 and continue to follow the measures of the June 2012 letter (details above). • The operator complied with all the requirements of the N&O (12-02) and additionally stopped taking ALL odiferous liquids, however, odor issues were still being documented by the LEA. • Between September 1, 2012 and November 28, 2012, the LEA received over 200 off -site odor complaints and confirmed approximately 80 off -site odor complaints and found that the additional measures taken since the end of August 2012 were not minimizing odors from the facility and off -site odors were still occurring resulting in complaints. • The LEA met with the operator, the City of La Quinta, representatives of the Board of Supervisors, and representatives of the homeowner association of Trilogy (the community complaining about odors) on.November 14, 2012 regarding the ongoing odor issues and the need for the issuance of a new N&O. • On November 28, 2012, the LEA issued a new N&O 12-03. The operator is appealing to the LEA's Hearing Officer (described above and attached). 217 Consideration of Stay ot'N&O (12-03) for California Rio Macs, Inc. December 19, 2012 Director Action Request Page 4 DIRECTOR ACTION REQUEST Ca1Recycle listed the facility on the Inventory of Facilities Violating State Minimum Standards on October 11, 2012 due to repeat odor violations. The LEA is required to issue a Compliance Schedule within 15 days of the facility bei ig put on the Inventory. Since the action required by N&O 12-02 had not resulted in odor minimization, the LEA took the appropriate action and issued another N&O (12-03), requiring additional measures to minimize odors. Findings Cal Recycle staff do not find any evidence of estraordinary circumstances to support the request to stay the N&O: 1. The operator states that it wishes to stay the N&O requirement to minimize off -site odors occurring from the facility in any direction and cease causing a public nuisance. Title 14, 17867(a) requires "all handling activities shall he conducted in a manner that minimizes vectors, odor impacts, litter, hazards, nuisances, and noise impacts; and minimizes human contact with, inhalation, ingestion, and transportation of dust, particulates, and pathogenic organisms ". An order to minimize off -site odors in any direction to the level that a public nuisance is not created is consistent with the standard. Odor impacts are professionally evaluated by state certified LEAS which must have a state Registered Environmental Health Specialist (REHS) overseeing its programs. In this case the LEA inspectors and supervisor are REHSs and are qualified to evaluate this state standard. It is up to the Hearing Officer in this case; through the local hearing process under PRC 44307, to determine whether the operator's appeal should lead to a modification of this order. 2. The operator states that it wishes to stay the N&O requirement that by December 31, 2012, the operator is to submit a plan with timeframes providing assurance of continued minimization of odors and lack of creation of a public nuisance. The Plan is to include all existing measures being taken and any future measures to maintain the requirements in 1 above. The operator is required to continuously address odor issues through its OIMP. Through the N&O the LEA is requiring a specific plan due on a specific date. 3. The operator states that it wishes to stay the N&O requirement that the operator must continue the cessation of acceptance of any odiferous liquids that may cause a public nuisance. This is a continued request of the LEA and the operator has been meeting this requirement since October 1, 2012. The LEA is ordering the operator to maintain status quo. 4. The operator states that it wishes to stay the N&O requirement that the operator, by August 19, 2013, completely process existing static piles and overs that contain grease in a manner that minimizes off -site odor from occurring from the facility in any direction and in a manner that does not cause a public nuisance. The operator argues that beginning to process the static piles and over during the winter may cause more odors 218 Consideration or Stay ofN&O (12-03) f'or California Bio Mass, Inc. December 19. 2012 Director Action Request Page 5 DIRECTOR ACTION REQUEST due to the climatic conditions. Compost odors can vary as a result of climatic conditions. However, it is noted that the compliance date for achieving the condition this order requires does not occur until August 19, 2013. Staff find that there should be adequate time to process the material during times when weather conditions are such that they would not exacerbate odors. RECOMMENDATION In summary, based on the evidence provided by the operator and the LEA, staff do not find evidence of extraordinary circumstances that would justify the stay of the Notice and Order, Therefore, staff recommends that the stay be denied. DIRECTOR ACTION: On the basis of the information in this Request for Action, I find that there are no extraordinary circumstances that would justify a stay of the N&O and that the immediate effect of the N&O. Therefore, I hereby deny the request for a stay of the N&O. Dated: r Cahill Mortensen, Director Department of Resources Recycling and Recovery Attachments: Stay of Appeal of Riverside County LEA Notice and Order No. 12-13 (sic); note that the correct identification of the N&O is N&O No. 12-03), dated December 12, 2012 219 Consideration of Stay of N&O (12-03) for California Ilia Mass. Inc. December 19. 2012 Director Action Request Page 0 Tar 4 4 auk& CITY SA / HA / FA MEETING DATE: February 19, 2013 ITEM TITLE: Proposed User and Regulatory Fees Based on the 2013 Cost of Services Study ACTION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: I Provide staff with comments on the draft study of the proposed changes to user and regulatory fees. EXECUTIVE SUMMARY: • User and regulatory fees for private development projects have not been adjusted since 1996, which at the time were set at only 50% of true cost recovery. Per the Consumer Price Index (CPI), general costs have increased by 50% since 1996. • ClearSource Financial Consulting completed the 2013 "Cost of Service Study for Analyzing User Fees and Regulatory Fees," which is the foundation for the proposed fees. • ClearSource and staff propose a uniform targeted hourly rate of $143, which is the lowest of the three rates calculated for Planning, Building, and Public Works. • Stakeholder groups including the Building Industry Association — Riverside Chapter and the Desert Valley Builders Association were engaged. They have reviewed the study and their comments have been addressed by staff. • ClearSource recommends an automatic annual adjustment based on the all - urban CPI for Los Angeles, Riverside, and Orange County. 220 • Because these are user fees for City -provided services, they are not subject to voter approval and the City may only collect up to 100% of the cost of supplying the service. • Additional fees for 1) software and technology upgrades applicable to permits; and 2) the next General Plan Update are being considered and may be brought back to Council at a future date. FISCAL IMPACT: None at this time. However, the Cost of Services Study forecasts a revenue increase of approximately $880,000 if the recommended fees are adopted. Although forecasting revenue impacts from proposed fee changes is challenging and subjective, particularly when significant modifications to fee calculation methodologies are proposed, staff has attempted to forecast anticipated requests for service based on historical trends. The table below lists the forecasted revenue increases by fee type. BACKGROUND/ANALYSIS: The City provides many services to ensure safe, orderly, and aesthetically pleasing development and construction in La Quinta. The broad categories of these services include, but are not limited to, project entitlement review, improvement plan check, map check, permits (building, grading, encroachment and driveway), and land action review (i.e. dedications, parcel mergers, and lot line adjustments)• User fees and regulatory fees are the mechanism by which the City may recoup a portion of or all of the costs associated with these services. The Cost of Services study: • Identified the full cost of providing development services • Calculated fully -burdened hourly rates for fee -related service providers • Determined current cost recovery levels at the departmental and individual permit or service fee level '" 2 21 • Examined existing fee calculation methodologies and modified them, if necessary, to more closely align their calculation methodology to the cost of services being provided • Assigned targeted fee and cost recovery levels for each service examined • Compared current and proposed fees to those imposed by neighboring communities • Estimated anticipated revenue impacts of proposed fees • Delivered an updated schedule of fees Key Findings Fully -burdened and targeted hourly rates for service — The table below identifies the fully -burdened hourly rates calculated as part of this study, and staff -recommended targeted hourly rates for service. Among other benefits, an identical rate for services may be beneficial to City staff and the development community for administering deposit -based fees that involve the review of multiple departments. Fee calculation methodologies — In an attempt to more closely align fees to the services requested and encourage complete and organized project applications, numerous changes have been made to the methods used to determine fees. Examples of changes to fee calculation methodologies proposed for each department are shown in the table below. 222 Comparison of 'Before and After" Fees and Fees Imposed by Neighboring Agencies - The tables below compare "before and after" fees for service along with a comparison to fees imposed by neighboring agencies. Note In addition to building permit fees, this table includes development impact fees and taxes. This is intended to provide the E. r, City Council with p clearer picture of total development fees and taxes. Sample Project.Current La Quuita ' La Quinfa ndio Fee ndio Fee '' Palm Dese t Fee fee Proposed Fee ' (July 2013),* (lan 2014) * (2012) HVAC Change -Out Fee $52 6 6 New Custom * r8 [a] -Assumes production phase tract home, roughly 2,000 SF home with 250 SF casita and 25 SF box bay and 90 SF garage extension. [b] - Assumes custom home, roughly 1,900 livable SF home with 450 SF ga rage and 140 SF patio. * Fees for the City of Indio were recently adopted. The City has not updated fees in its permit tracking software. Fee estimates shown are based on consultant interpretation of the City's fee schedule. Admin-S2,500 Ac'rrin Cu'P -71,9� A.amin-52,50J Bill ha3rlq :+rith 72,594 ConnitionalUsePermit 52,�0 PC-53,5ro PC-S=Sri Futtcrtna-53,080 500 depoit 811hourly with$10,000 Bill hourly :vi;h$10,000 billhaudyurifee,292 uorly Specific Man S4,000 deposit for conceptual deposit for conceptual epositill precseplan mmimemfee spctificplan specific plan depodfarpreciseplans bill hourly with 75,577 > S tots-S6,500 > 5 tots -S3p00 30 hourlywir? S3,309 TetttriveTractMap 53,500 minimumree <SLots -S3,2i0 <5Lots 54,000 tleAosiz eesfc theCi?yoflnd;ow,ererecentyadooted'heC(yhasnot ,ipda:edfees'n!tsoe,n,itt,c!tingso`iAafe.-eee"matesOoarn are casedon cansuaaat interpretaton o° t5e Ciy <fee sc fredule Staff received comments on the Comprehensive Fee and Rate Study from the Desert Valleys Builders Association (DVBA) via a letter dated February 7, 2013 (Attachment 1). A letter was also received from the Building Industry Association (BIA) dated February 12, 2013 (Attachment 2). Any additional comments received will be shared with the Council at the meeting. .* 223 ALTERNATIVES: Alternatives to the recommended action include not adjusting current fees or adopting a lower fee schedule. These alternatives would reduce the amount of fee income received to cover the cost of providing these services. A greater share of other General Fund revenue (tax revenue) would continue to be needed to underwrite these service costs. Respectfully submitted, mothy R. ass n, P.E. Public Works Direc /City Engineer Attachments: 1. Letter from DVBA dated February 7, 2013 2. Letter from BIA dated February 12, 2013 224 ATTACHMENT Ifni BOARD OF DIRECTORS PRESIDENT Mark Benedetti BMC. Select Build 1" 1`10" PRESIDENT Joe Hanes Firsl Btirik Eileen Eske Pcitte Premier flank VICE PRESIDENT OF ASSOCIATIZS' Allan Ln ill Mull Levin & Associates PAST PRESIDENT marm Gollmles GHA Companies CIItEF EXECUTIVE 0FFICFR Gretchen Gutierrez DIRECTORS Wesiov Ahlgrelt 'I he idetmuingtvay Group Fred Bell Nobell karerev solutions Brieai Benedcui 13 to 13 Contracting ,Wly Bnd:ebill Coachella Valley Printing l orn DuBosc De%ciopmem UeAgo & Engineering Marpret Drury - Margaret Drury Construction "IComuty Folk kos Coachello )%alley Water District Pool{ I looi:s Aeua Calienx Barad of Cahuidla Indians Dave Upper, Lippert Conolructiom Inc }leather Loutrnhizer Penta Build'utg Group {Bruce Maize Fioclit,, "hide Insurance "Coln NoNe Nobic & Cornpum. LLC Dan Olivia tvlueller101ivieslWhittaktr LIT Alan Pace Para 0,0otechoical Marvin Roos MSA Consulting lnc Greg. Smith Smhfi-Knndal Insurmce(Raal Estate Phil Smlih S:mrise Company Patrick Searthom Imperiiil Imption District Jeff wametilommer 4Vattenbarger Construction 34-360 Gateway Drive, Palm Desert, CA 92211 February 7, 2013 City of La Quinta Frank J. Spevacek, City Manager F.O. Box 1504 La Quinta, CA 92247 Re: Comprehensive Fee and Rate Study — 2013 Dear Mr. Spevacek, Thank you for providing the Desert Valleys Builders Association the opportunity to examine and comment on the City of La Quinta Comprehensive Fee and Rate Study. During our examinations we did have numerous questions, which have nearly been all answered satisfactorily by ClearSource Financial Consulting. Therefore, our remaining comments are few, regarding mathematical errors caused by inconsistent rounding using the targeted hourly fee rate of $143.00. We respectfully request that the listed item rates be adjusted as stated below. All factors within the calculations should be rounded only to the 1/100°i position. Cost of Service Calculations Page 26 of 98 Electrical - New Construction Item 1 States 190.76 Should be 190.19 Item 2 States 16.78 Should be 17.16 Item 3 States 190.76 Should be 190.19 Page 31 of 98 Carport Item 8 States 109.82 Should be 109.63 Demolition Item 10 States 108.68 Should be 110.11 Fence or Freestanding Wall Item 13 States 106.39 Should be 107.25 221 Flag / Pole Lighting Item 17 States 19.16 Should be 18.59 Page 32 of 98 Patio Cover Item 20 States 191.62 Should be 190.19 Item 21 States 227.37 Should be 225.94 Item 22 States 298.87 Should be 297.44 Remodel Item 24 States 180.18 Should be 181.61 Re -Roof Item 28 States 144.43 Should be 145.86 Item 29 States 12.01 Should be 11.44 Retaining Wall Item 30 States 106.39 Should be 107.25 Room Addition Item 34 States 287.43 Should be 288.86 Page 33 of 98 Sign Item 38 States 108.68 Should be 110.11 Storage Racks Item 40 States 120.12 Should be 118.69 Item 41 States 12.01 Should be 11.44 Stucco Application Item 45 States 22.02 Should be 21.45 Item 46 States 120.12 Should be 118.69 Page 35 of 98 New Construction Item 6 States 2228.51 Should be 2227.94 Item 6 States 3246.67 Should be 3246.1 k 226 Again, the Desert Valleys Builders Association appreciates this opportunity to review, comment and question the Comprehensive Fee and Rate Study. We will continue to be engaged on this matter with City staff and Council as appropriate. Respectfully, �Gre c n tien-e`h,,,������v 1 xec tive er ATTACHMENT 2 February 12,2013 Mayor Don Adolph City of La Quinta P.O. Box 1504 La Quinta, CA 92247 RE: User Fees Dear Mayor Adolph, BI se Counly C'hafater NlJiding )otiustry Ars miatibn of Scm63ent California 3891 1Ith Street Riverside, California 92501 (951) 781-7310 Fax (951) 781-0509 Thank you for allowing us to engage in the comprehensive process of updating the City of La Quinta's user fees. After extensive review of the proposed user fee study, we respectfully encourage you to adopt staff's recommendation as they presented to us on January 30, 2013. The local economy is still recovering and very fragile, especially the construction industry. We feel the recommendation by staff is prudent considering the economic climate. We look forward to coming years when our local economy has recovered. Again, we respectfully request that you adopt staff's recommendation. We sincerely appreciate the open dialog we have had on this matter. Please do not hesitate to contact me directly if you have questions regarding this request. Regards, /Tommy T mpson f Director of Governmental Affairs n ,ilii8a t N..Ium.l ,'i c:euov,l Hi �.d l3rild< ut hr H l.;Lu1; tl ,, er 2.28 Reports/ Informational Items: 7o Report to La Quinta City Council Palm Springs International Airport Commission Meeting January 16, 2013 General Comments: One of my suggestions for cost savings that was adopted by the Commission was the use of electronic distribution of monthly reports. The savings in paper, toner, labor, and overnight delivery charges have been substantial. An additional benefit of this is that I can now attach all of the original staff reports to my summary report. I am attaching the files this month, but will follow the Council's guidance on continuing the practice. If they are of interest, I am happy to continue doing it. My three-year term of appointment by the City Council expires at the end of June. I've had no feedback on my performance, but I am enjoying representing the City of La Quinta on the Commission, and would be pleased to continue doing so for another term if the Council agrees. Budget: Planning for the next fiscal year is proceeding well, and the Commissioners are planning a meeting for initial review. Performance to the 2013 Budget continues to be on track. Passenger Activity: December passenger activity set another record, and it became the 15 consecutive month of growth. Total passenger count for 2012 was approximately 1,700,000. The Staff recognizes that this rate of growth cannot continue forever. Consequently, they remain alert to any changes in passenger traffic patterns, and industry variations. Landscaping: The Airport Landscape Sustainability project Plan is underway. The architect presented a proposed plan that would convert about 80% of the turf into sustainable desert landscaping. This is accomplished, while leaving the remaining grass to frame the core of the Airport entry: thus framing the fountain and drawing the visitor's eye to the mountains. The project's construction cost is approximately $1,000,000, and will be budgeted from the unrestricted cash balance in 2013/2014. The smart irrigation system is web -based, and connects to the City's weather data system; thus restricting irrigation to the times and places that water is actually needed. Benefits of the smart irrigation system and sustainable landscaping are: 1. We will save at least 70% of our water usage (about $70,000/yr.) 2. The Airport entry/exit will be more symmetrical and appealing. 3. Improvements will pay back the costs in less than half the useful life. ..: 2 2 9 4. The changes allow room for 41 additional parking spaces (plus their revenue in succeeding years). After reviewing the proposal, the Commission recommended that the landscape plan, as presented, proceed with the official city approval and refinement process, including final submittal to the City Council for consideration. Note: I know that the City of La Quinta uses sustainable landscaping, but are we using (or planning to use) the "smart", web -based irrigation? I was very impressed with this technology, as it not only meters water to the time and place that it's needed; but it even regulates the growth rate of plants, helping to reduce manpower in maintenance. Airline Lease Agreements: Agreements are required in order for an airline to operate at the airport. Our last 10-year agreements were signed in 2004, so it is important to begin re -negotiating them early enough to ensure that they are in place by July 2014. This also includes time for the airlines to seek approval by their management process. The entire airline industry has undergone vast changes in the past 10 years. Technology has evolved, revenue sources have changed, and employee relationships have changed. To ensure the best positioning for the Airport in these negotiations, a large amount of industry research is required, and a strategy must be developed. To that end, the Commission recommends that the Palm Springs City Council award a contract to Parsons Brinkerhoff for professional consultation serviced to aid in the development of the new Palm Springs International Airport Use and Lease Agreement in the amount not to exceed $65,000. The next Commission meeting will be February 20, 2013. Submitted: Robert G. Teal, Commissioner Palm Springs International Airport 230 REPORTS & INFORMATIONAL ITEMS: 2- COMMUNITY SERVICES COMMISSION MINUTES MONDAY, JANUARY 14, 2013 CALL TO ORDER A regular meeting of the La Quinta Community Services Commission was called to order at 5:30 p.m. by Chairperson Fitzpatrick. PRESENT: Commissioners Blakeley, Engel, Fitzpatrick, Lawrence, and Leidner. STAFF PRESENT: Community Services Director Edie Hylton, Golf & Parks Manager Steve Howlett, and Senior Secretary Angela Guereque. Commissioner Blakeley led the Pledge of Allegiance. PUBLIC COMMENT — None. CONFIRMATION OF AGENDA Motion - It was moved by Commissioners Leidner/Blakeley to confirm the agenda as submitted. Motion passed unanimously. PRESENTATIONS 1 . Presentation by the Coachella Valley Rescue Mission Darla Burkett, Executive Director, and Brett Schwemmer, Community Relations Manager of Coachella Valley Rescue Mission were present. Ms. Burkett stated that the mission has been in their new building just over a year and is currently housing 225 guests of which 18 are children. Christmas meals were served to approximately 25,000 people over a four day period. The mission serves a minimum of 600 meals per day. Commissioner Blakeley asked how long guests can reside at the mission. Ms. Burkett stated residents can stay for up to one year. Commissioner Lawrence asked how much it costs to operate the facility. Ms. Burkett stated the mission has a $3.7 million dollar operating budget. 231 COMMUNITY SERVICES COMMISSION MINUTES JANUARY 14, 2013 APPROVAL OF MINUTES Motion — A motion was made by Commissioners Blakeley/Lawrence to approve the December 10, 2012 Community Services Commission Minutes as submitted. Motion passed unanimously. .BUSINESS SESSION 1. Bronze Sculpture at Caleo Bay Alzheimer's Special Care Center Director Hylton presented the staff report. Commissioner Leidner asked if there has been consideration to the Developer funding the full amount. Director Hylton stated that the City has paid the difference in developer projects through Art in Public Places. Motion — A motion was made by Commissioners Lawrence/Blakeley to recommend the purchase of a bronze sculpture at Caleo Bay Alzheimer Special Care Center for $20,000 using APP funds. Motion passed with Commission Leidner opposing. REPORTS AND INFORMATION ITEMS 1. November 2012 Department Report 2. December 2012 Department Report 3. Report from Commissioners Regarding Meetings Attended 4. Calendar of Monthly Events . ADJOURNMENT There being no further business, it was moved by Commissioners Leidner/Blakeley to adjourn the meeting at 6:14 p.m. Motion passed unanimously. itted, City of La Quinta, ry 232 COMMUNITY SERVICES COMMISSION MINUTES JANUARY 14, 2013 REPORTSANFORMATIONAL ITEM: 215 HISTORIC PRESERVATION COMMISSION MINUTES THURSDAY. NOVEMBER 15. 2012 CALL TO ORDER A regular meeting of the La Quinta Historic Preservation Commission was called to order at 3:00 p.m. by Chairperson Redmon. Chairperson Redmon led the Commission in the Pledge of Allegiance. PRESENT: Commissioners Skip Morris, Maria Puente, and Chairperson Peggy Redmon ABSENT: Commissioner Kevin Maevers STAFF PRESENT: Planning Manager David Sawyer and Secretary Monika Radeva PUBLIC COMMENT - None CONFIRMATION OF AGENDA— Confirmed APPROVAL OF MINUTES Motion — A motion was made by Commissioners Morris/Puente to approve the Historic Preservation Commission Minutes of October 18, 2012, as submitted. AYES: Commissioners Morris, Puente, and Chairperson Redmon. NOES: None. ABSENT: Commissioner Maevers. ABSTAIN: None. BUSINESS SESSION Review of the 201 1 /2012 Certified Local Government (CLG) Annual Report Planning Manager David Sawyer gave an overview of the information included in the 201 1 /2012 CLG Annual Report, including identifying the Commission's Members, their qualifications, attendance records, training, etc. The report also identified the Commission's accomplishments during the last year, and its new goals for the 2012/2013 year, etc. HISTORIC PRESERVATION COMMISSION MINUTES NOVEMBER 15, 2012 233 Commissioner Morris noted that a link should be added on page 2 of the report under section C.1. General discussion followed regarding the contents of the 201 1 /2012 CLG Annual Report including training requirements, consideration of amending the existing City's Historic Preservation Ordinance by establishing guidelines for what would constitute minor improvements on properties that could potentially be registered and identified as landmarks. This would allow for minor improvements to be approved administratively, and only major improvements would have to be considered by the City Council, thus making it more attractive for owners to have their properties registered as it would make the approval process a lot less onerous. Discussion followed regarding available City, State, and Federal tax benefits if a property is registered as historic. Chairperson Redmon asked if the requirement for professional Commissioners on the Historic Preservation Commission could be amended from three to two making it easier to fill the vacant Commissioner positions. Staff replied that if determined necessary, this could be identified as one of the Work Program items for the Commission. Motion — A motion was made by Commissioners Redmon/Puente to approve the 201 1 /2012 CLG Annual Report. AYES: Commissioners Morris, Puente, and Chairperson Redmon. NOES: None. ABSENT: Commissioner Maevers. ABSTAIN: None. CORRESPONDENCE AND WRITTEN MATERIAL — None COMMISSIONER ITEMS • Commissioner Puente invited her fellow Commissioners to attend the Coachella Valley Archaeological Society (CVAS) 15`h Annual Symposium on Saturday, November 17, 2012, from 9:00 a.m. until noon, and from 1:00 p.m. until 3:00 p.m., at the Pollock Theatre at the College of the Desert in Palm Desert. The subject matter was identified as "Difficult Times: Adaptive Strategies." She explained that attending the symposium would meet the CLG training requirements for the Commissioners for this year. HISTORIC PRESERVATION COMMISSION MINUTES 2 NOVEMBER 15, 2012 234 PLANNING STAFF ITEMS Joint Council Meeting Staff said the annual Fall Joint City Council Meeting had been moved this year to January 22, 2013, at 5:00 p.m. He asked the Commissioners to let staff know if they would be attending. 2. Possible Sunnylands Tour Staff said that the regularly scheduled HPC meeting on March 21, 2013 would be cancelled. Instead staff was in the process of arranging a tour to the Sunnylands Estate in the City of Rancho Mirage on March 27, 2013. 3. January Commission meeting speaker Staff said that a guest speaker from the Palm Desert Historical Society will give the Commission a presentation during the January 17, 2013, HPC meeting. Staff said that a guest speaker from the Coachella Valley Historical Museum will give the Commission a presentation during the February 21, 2013, HPC meeting. Staff said that guest speaker, Maggie Gordon, Author of Historical Casitas of La Quinta Cove, will speak to the Commission during the April 18, 2013, HPC meeting. 4. Report on Staff Attendance at La Quinta Historical Society meeting Planning Manager Sawyer said he attended the La Quinta Historical Society meeting on November 10, 2012, and gave a presentation of the Historic Preservation webpages and the interactive database of the La Quinta Historic Resources Survey created by staff which was now available to view and use on the City's website. ADJOURNMENT There being no further business, it was moved by Commissioners Morris/Puente to adjourn this meeting at 3:28 p.m. AYES: Commissioners Morris, Puente, and Chairperson Redmon. NOES: None. ABSENT: Commissioner Maevers. ABSTAIN: None. HISTORIC PRESERVATION COMMISSION MINUTES 3 NOVEMBER 15, 2012 235 Respectfully ubmitted, 7 MONIKA RADEV , Secretary City of La Quinta, California HISTORIC PRESERVATION COMMISSION MINUTES 4 NOVEMBER 15, 2012 236 DEPARTMENT REPORT: 3 CITY COUNCIL'S UPCOMING EVENTS FEBRUARY 18 CITY HALL CLOSED - PRESIDENT'S DAY FEBRUARY 19 CITY COUNCIL MEETING FEBRUARY 20 OVERSIGHT BOARD MEETING FEBRUARY 21 DISTINGUISHED ARTIST PRESENTATIONS MARCH 5 CITY COUNCIL MEETING MARCH 6 OVERSIGHT BOARD MEETING MARCH 7 -10 LA QUINTA ARTS FESTIVAL MARCH 19 CITY COUNCIL MEETING MARCH 20 OVERSIGHT BOARD MEETING MARCH 30 HOUSEHOLD HAZARDOUS WASTE COLLECTIONS APRIL 2 CITY COUNCIL MEETING APRIL 3 OVERSIGHT BOARD MEETING APRIL 16 CITY COUNCIL MEETING APRIL 17 OVERSIGHT BOARD MEETING 237 February 2013 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY t i i { i 1 I - ... a .......- ..... _. i 1..__.._....._.... .... .. ...... _ _ __...,.. r _ .__. 3 4 5 6 17 I E 8 i 10 11 12 13 14 ;15 17 18 19 i20 f 121 i 22 City Hall Closed City Council I Oversight Board Distinguished Artist j President's Day Meeting Meeting - 2 pm Presentations @11 am :... . 3:00-HPC i 7 24 ...._.._........_. - 125 ____. .._..........__ 26 ___....._ __._ 27 ... 28 i j 4:30 pm -Exec 7:00 pm -Planning ' Noon-Sunline- 3 Cmte.-Adolph Commission Adolph N W co SATURDAY 2 16 23 March 2013 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY ------ --------------- ------ --- --- -- - --------------- - .... .... .. .... .... — ----- i 3 16 7 18 9 City Council 1 10:00 am-ALRC La Quinta Arts La Quinta Arts La Quinta Arts Meeting 2:00 pm -Oversight j Festival Festival Festival Board Mtg. 10 j 11 12 13 1 14 15 16 I La Quinta Arts ? 10:00 am -Pub. Sty- Henderson 7:00 pm -Planning i 4:00 pm - investment i Advisory Board Noon- i Festival 3:00 pm-Mtns. Commission 6:00 pm -Housing Energy/Environ.- Evans Conversancy -Franklin Commission 5:30 irm-Community Services Commission -- -- -- ------ -------- 17 18 19 20 ------- 21 22 23 City Council = 2:00 pm -Oversight E 3:00 pm- HPC Meeting board Mtg. 24 25 26 i27 ......... . 28 29 30 4:30 pm- Exec. 7:00 pm - Planning j Noon - Sunline - 1 Household Cmte - Adolph i Uuffifillsslull Adolph y Hazardous Waste Collections 131 ---- - ------ April 2013 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 1 2 3 14 i5 6 l City Council 10:00 am- ALRC .. Meeting 2:00 - Oversight t r Board Mtg..... .... .._......,..�_ ... ..---..._._ ..-----...._._ 7 8 9 10 11 E12 13 10:00 am -Pub. Sity- 7:00 pm - Planning j 4:00 pm- Noon - Henderson Commission j Investment i Energy/Environ.- ' 3:00 pm-Mtns. Conversancy -Franklin Advisory Board Evans 5:30 pm - Community 1 Services Commission { 14 115 ;16 117 18 19 120 City Council 2:00 pm - 3:00 pm - HPC Meeting Oversight Board ---. ..... _._Mtg_. ......_ ____... ---------- 21 22 23 24 ,._....__._ 125 26 i27 4:30 pm- Exec. 7:00 pm -Planning ;Noon - Sunline - j . Cmte - Adolph Commission 1 Adolph i 28 j 29 ----------------- 130 1 j _. ---- i - - --- j E ' i j I E Department Report: Qj 04 OFT TO: The Honorable Mayor and Members of the City Council FROM: Les Johnson, Community Development Directo DATE: February 19, 2013 RE: Community Development Department Report — January 2013 Attached please find the following data for the Planning, Building, and Code Compliance Divisions for the month of January 2013: Exhibit A — Planning Division monthly report outlining 22 new cases in process Exhibit B — Planning Commission activity report identifying 290,408 square feet of commercial space approved during the current fiscal year Exhibit C — Building permit statistics showing year-to-date building permit valuation of $4,930,327, which includes the issuance of 101 building permits Exhibit D — Code Compliance statistical report showing 48 initiated cases, 143 completed cases, and $670 generated revenue by garage sale permits • Exhibit C — Animal Control statistical report identifying 172 cases 241 N N PLANNING DIVISION MONTHLY REPORT JANUARY 2013 PROJECT TYPE DESCRIPTION Appeal 0 submitted Conditional Use Permits 0 submitted Development Agreements 0 submitted Environmental Assessments 0 submitted Final Landscaping Plans 0 submitted General Plan Amendment 0 submitted Minor Adjustments 3 submitted Minor Use Permits 2 submitted Modification By Applicant 0 submitted Preliminary Review 0 submitted Sin Permits — Temporary Signs 3 submitted Sign Permits 6 submitted Site Development Permits 0 submitted Specific Plans 0 submitted Street Name Change 0 submitted Tentative Parcel Maps 0 submitted Tentative Tract Maps 0 submitted Temporary Use Permits 7 submitted Village Use Permits 1 submitted Zone Change 0 submitted Zoning Ordinance Amendments 0 submitted TOTAL 22 NEW CASES SUBMITTED INSPECTIONS AND PLAN CHECKS Subdivision/SDP, etc. Plan checks Cove Checks 9 performed 2 performed .9J a `a PLANNING COMMISSION ACTIVITY JULY 1, 2012 TO JANUARY 13, 2013** PROJECT TYPE DESCRIPTION Architectural Design Review 0 submitted Appeal 2 submitted Conditional Use Permits 5 submitted Development Agreements 1 submitted Environmental Assessments 2 submitted Final Landscaping Plans 0 submitted General Plan Amendment 2 submitted Modification by Applicant 0 submitted Right -of -Way Vacation 0 submitted Sign Permits 0 submitted Site Development Permits 2 submitted Specific Plans 1 submitted Street Name Change 0 submitted Tentative Parcel Maps 1 submitted Tentative Tract Maps 0 submitted Village Use Permits 1 submitted Zone Change 1 submitted Zoning Ordinance Amendments 2 submitted TOTAL NUMBER OF RESIDENTIAL UNITS APPROVED 0 TOTAL COMMERCIAL SQUARE FOOTAGE APPROVED 290,408 **No Planning Commission Meetings were held in August or December. 3 CITY OF LA QUINTA BUILDING PERMIT STATISTICS 2013 2012 2011 Permits r. __. Permits , s ...__.. Permits ___- Issued iTotal Valuation) Issued `Total Valuation; Issued Total Valuation' ._.. -... (dollars) ._ (dollars) _ ) ;. (dollars) Month -SFD Total � SFD Total ; SFD '. Total January 17 101 4,930,327 2 80, 1,679,690 3'. 109 4,132,179-, ,February 4- 94; 3,011,690 3 95.. 2,690,022 ,March 2 140:, 15,333,211 51 110 2,377,069; April 5 119 3,711,806; 3! 104 3,315,293 :May 7 129i _.-..;----25 4,625,150 5' _. 128'. 4,131,790 ..._..� -June 5 119, 4,456,327 71 141 4,106,444 July ! 2 119 i 2,242,503 2: 106 ` 3,622,237 August ! 10 162 7,705,7591 1!. 112- 2,124,649 !. :,September 3 8 95? 1,897,661 5'. 107 3,842,435 ..October 8 183. 6,513,434 0 127 2,204,746 ;November 8 89> 3,170,354i 51 104 2,004,095" .December ' 0 69 1,802,130, 2 81 3,311,055`=,=, Total 17 1011, 4,930,327: 61 1,398: 56,149,7151 41111,324 37,862,014j m x _2 _a) N y� ya PERMIT STATISTICS BY APPLICATION TYPE FOR THE PERIOD 1/01/13 THRU 1/31/13 CITY OF LA QUINTA FOR ISSUED PERMITS OF ALL PERMIT TYPES DEPARTMENT - BUILDING & SAFETY ------------------------------------------------------------------------------------------------------------------------------------ APPLICATION TYPE ------------- THIS PERIOD ------------ ------- SAME PERIOD PREV YEAR-------- APPLS PERMITS APPL VALUATN FEES APPLS PERMITS APPL VALUATN FEES ------------------------------------------------------------------------------------------------------------------------------------ AR ADDITION - RESIDENTIAL 4 9 58000 1196.78 6 17 111538 2208.05 BLCR WALL/FENCE 17 20 40556 1078.89 9 10 83495 858.63 CCOM CARPORT - COMMERCIAL 1 2 53207 742.69 0 0 0 .00 DEMO DEMO - COMML/OTHER 0 0 0 .00 1 1 0 45.00 ELEC ELECTRICAL 2 2 28700 92.81 4 4 4350 121.13 GRES GARAGE - RESIDENTIAL 0 0 0 .00 1 2 15000 289.35 MECH MECHANICAL 19 19 209109 1061.29 9 9 84591 445.04 PAT PATIO COVER - RESIDENTIAL 3 4 8339 289.80 4 4 20057 519.75 PLBG PLUMBING 7 7 12050 189.39 15 15 26171 440.67 RC REMODEL - COMMERCIAL 2 7 48000 998.40 1 3 5000 261.78 RER REMODEL - RESIDENTIAL 8 21 50183 1897.79 10 20 55923 1619.49 RPL POOL - RESIDENTIAL 9 39 252900 5271.72 7 33 194700 4040.74 RR RE -ROOF 3 3 35064 90.00 1 1 .7950 30.00 SFD DWELLING - SINGLE FAMILY DETACHED 17 85 3343269 34719.10 2 10 950403 8477.82 SIGN SIGN 4 4 25400 126.00 2 2 10200 96.00 SOL SOLAR 0 0 0 .00 3 5 59512 157.52 SOTS STRUCTURES OTHER THAN BUILDINGS 2 4 10000 211.32 2 6 34500 707.29 SPIN SPECIAL INSPECTION 2 2 754950 200.00 2 2 15100 200.00 TT TEMPORARY TRAILER _ 1 1 600 200.00 1 1 1200 200.00 TOTALS: 101 229 4930327 48365.98 80 145 1679690 20718.26 IV Q C;1 2013 Code Compliance Statistical Report ABATEMENTS Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Year To Date NUISANCE ABATEMENTS Property Maintenance Started 29 0 0 0 0 1 0 0 0 0 0 0 0 29 Completed 104 0 0 0 0 0 0 0 0 0 1 0 1 0 104 Zoning Code Violations Started 6 0 0 0 0 0 0 0 0 0 0 0 6 Completed 16 0 0 0 0 0 0 1 0 1 0 1 0 1 0 1 0 16 WEED ABATEMENTS Started 7 0 0 0 0 0 0 0 0 0 0 0 7 Completed 4 0 0 0 0 0 0 0 0 0 0 0 4 VEHICLE ABATEMENTS Started 3 10 0 0 0 0 0 0 0 0 0 0 3 Completed 12 0 0 0 0 0 0 0 0 0 0 0 12 BUILDING CODE VIOLATIONS Started 3 0 0 0 0 0 0 0 0 0 0 0 3 Completed 7 0 0 0 0 0 0 0 0 0 0 0 7 Total Started 48 0 1 0 0 0 0 0 0 0 0 0 0 48 Total Completed 143 0 0 0 0 0 0 0 0 0 - 0 143 Case Follow -Ups 199 0 0 0 0 0 0 0 0 0 0 0 199 BUSINESS LICENSE INSPEC Started 0 0 0 0 0 0 0 0 0 0 0 0 0 Completed 2 0 0 0 0 0 0 0 0 0 0 0 2 GARAGE SALE PERMITS 67 0 0 0 0 0 0 0 0 0 0 0 67 GOLF CART PERMITS 3 0 0 0 0 0 0 0 0 0 0 0 3 HOME OCCUPATION INSPEC 3 0 0 0 0 0 0 0 0 0 0 0 3 MASSAGE PERMITS 2 0 0 0 0 0 0 0 0 0 0 0 2 POOL DRAINING PERMITS 4 0 0 0 0 0 0 0 0 0 0 0 4 IV .p CT) Vm 2 LvJ l�J 2013 Animal Control Statistical Report • - ®00000000000® . -.. 0000000000000 • - • 0000000000�00 • - 8000000000000 • - - • 0000000000000 • - • 0000000000000 Other • - ©00000000000© .-.. 0000000000000 • - 0000000000000 • - ®00000000000® -- • o00000000000■0■ • - o000000000000 ... - - • . �00000000000� .. - --.. o000000000000 - - • - o000000000000 Cruelty to Animalso000000000000 vicious• o0000000000�■v .o000000000000 .. o000000000000 • - �00000000000■� ... - - •- �00000000000■� . - . .. - o000000000000 • - o000000000000■ License Violation • - 000©000000000� Total... �00000000000� .. . - ®00000000000® N X 2 rn Department Report: C% 4 F`h OF'rttti0 TO: The Honorable Mayor and Members of the City Counc' FROM: Les Johnson, Community Development Director (7-�l DATE: February 19, 2013 SUBJECT: Contract for Housing Element Update As reported to City Council during the January 15, 2013 City Council meeting, State law is mandating another update to the City's Housing Element. This update will cover the period from 2014 through 2021 and must be submitted to the State Department of Housing and Community Development by no later than October 15, 2013. City Council directed staff to commence direct negotiations with two planning consulting firms; Terra Nova Planning & Research and The Planning Center. During the January 15 meeting, Council discussion and questions focused upon the need for the update, estimated cost for completing the update, urgency of the work to be performed and necessity of certain requirements identified in SB 244. Discussion following the meeting between staff and Council Member Henderson regarding Local Agency Formation Commission (LAFCO) actions prompted staff to further investigate recent State legislation; this investigation clarified the requirements of SB 244 as well as subsequent action taken by LAFCO relevant to its applicability to La Quinta. As a result, it was concluded that SB 244's requirement for land use analysis associated with the sphere of influence does not apply to the City of La Quinta. Staff has corresponded with both planning consulting firms regarding the work to be performed for the housing element update and the cost to complete said work. As a result of this effort, Terra Nova Planning & Research has provided a scope of work and cost proposal that staff believes is acceptable and representative of the necessary work to be performed. The total cost for the work to be performed is $29,855; this compares to the original cost estimate of $40,000 Staff is currently preparing a professional services agreement for the City Manager's signature and anticipates commencing work with Terra Nova Planning & Research. 248 Department Report: L+ C/ Anj OF T1 TO: The Honorable Mayor and Members of the City Coun . FROM: Les Johnson, Community Development Direct DATE: February 19, 2013 SUBJECT: Department Report - Indio Polo Fields Goldenvoice Concerts — Status Update Dates have been set and most tickets have been sold for the upcoming Coachella and Stagecoach music festivals. Similar to last year, Coachella will be held on two separate weekends (April 12-14 and April 19-21) while Stagecoach will be a single weekend (April 26-28). Hours of operation will be consistent with last year. Coachella will end at 1:00 a.m. Friday and Saturday evenings, 12:00 a.m. on Sunday. Stagecoach will end at 12:00 a.m. Friday and Saturday, 11:00 p.m. Sunday. Campground entertainment curfew is 1:30 a.m. Camping during Stagecoach has changed for 2013, which has resulted in a significant reduction in the number of RV camping spaces and both tent and car camping have been eliminated. In addition, Goldenvoice will be introducing a new sound system during these events designed to reduce noise levels beyond the event venue. To date, Goldenvoice, Indio and La Quinta staff have attended meetings with representatives from Rancho Santana, La Quinta Polo Estates, La Cantera, Renaissance and Mountain View. Similar to last year, these meetings have focused upon addressing concerns with regard to dust control, noise, traffic, access control, security and pedestrian traffic. Overall, comments provided by HOA representatives during these meetings have been positive and supportive of the efforts Goldenvoice and the two Cities have made to mitigate the concerns raised. In preparation for this year's concerts, several general operations meetings have been held to date. These meetings have focused on shuttle service improvements, pedestrian circulation, wayfinding signage within the event grounds, configuration of the parent/taxi drop-off area to be located at the northeast corner of Avenue 52 2,49 and Madison Street, and review of the Media Plan. The next general operations meeting is scheduled for February 28, 2013. Consistent with last year, the Media Plan is scheduled to go into effect starting the third week of March and will intensify leading up to and during the three weekends. The Plan calls for utilizing local TV stations, The Desert Sun, The Indio/La Quinta Sun, local radio stations, as well as other La Quinta resources (Chamber of Commerce, LQYSA, Community Services e-newsletter, Facebook, Tourism website, etc.). The media blast will focus upon ingress/egress routes and times, alternate routes, road closures, taxi and parent drop off and pick-up locations, and the concert hotline. Representatives from Goldenvoice (Darren Carroll), Indio (Jim Curtis) and La Quinta (Les Johnson) will be working during all three concerts, available to respond to and assist with resident concerns and issues relevant to the music festivals. In addition, a similar La Quinta police presence is anticipated during all three music festivals. 2-5 0 DEPARTMENT REPORT: 5 Lam yOF R TO: Honorable Mayor and. Members of the City Council FROM: Edie Hylton, Community Services Director DATE: February 19, 2013 SUBJECT: Community Services Department Report for January 2013 Upcoming events of the Community Services Department for March 2013: Computers *Computer Lab Dance *Social Dance Fusion Dance, Play, & Pretend, La Quinta High School & Fitness Classroom Beginning Ballet (5-10 yrs.), La Quinta High School Excursion Temecula Valley Tour Exercise & Fitness *Morning Workout *Mat Pilates *Zumba Gold *Yoga for Health *Chair Yoga Pilates Aerobic Dance Meditation, Library Yoga AM & PM, Library Zumba, Senior Center Nature Walks, Kids and Families; Adults, Bear Creek Trail Guided Hikes Bear Creek Wildflower Hike, Top of the Cove Guided Cove Hikes Cove Walkabout, Top of the Cove Free Programs *Quilters *Woodcarvers *Tai Chi Chun 251 Gymnastics Introductory Gymnastics (4-7 yrs.), Fitness Classroom Introductory Gymnastics (8-10 yrs.), Fitness Classroom Martial Arts Karate/Taekwondo, Senior Center Music Learn Rock Solos, Senior Center Special Events *Mardi Gras Luncheon *Talent Showcase Special Interest *Ceramics *Let's Make Jewelry Sports Y-Rookies (3-5 yrs.) T-Ball, Colonel Mitchell Paige Disc Golf Tournament, La Quinta Park *Senior Center class or activity 252 Community Services Department Attendance Report for January 2013 Summary Sheet Variance Sessions Per Month Program 2013 2012 2013 2012 Leisure Classes 163 161 21 74 69 Special Events 2270 3555 -12851 5 4 Sports 635 400 235 22 22 Senior Center 1203 1283 -80 151 ill Total 4,271 5,399 -1,128 252 206 Senior Services Senior Center 256 293 -37 21 12 Total 256 293 -37 21 12 Sports User Groups La Quinta Park AYSO 700 700 0 24 26 Desert Boot Camp 50 501 0 11 12 L.Q. Blackhawk Rugby Club 40 301 10 4 16 Sports Complex LQ Youth & Sports Assoc. 225 175 50 19 21 Colonel Mitchell Paige L.Q. Blackhawk Rugby Club 40 30 10 4 16 Y Football (League Practices) 50 30 20 16 9 Facility/Park Rentals Senior Center (Private Party) 50 50 0 1 1 (Sunday Church) 300 300 0 4 4 Museum Meeting Room 0 0 0 0 0 Library Classroom 540 660 -120 9 11 Civic Center Campus (Private Party) 0 0 0 0 0 Park Rentals La Quinta Park 100 50 50 2 1 Fritz Burns Park 50 0 50 1 0 Total 2,145 2,075 70 95 117 Total Programs 6,6721 7,767 -1,095 368 335 Volunteer Hours Senior Center 1 1661 1391 27 Total Volunteer Hours 1 1661 1391 27 253 Community Services Department Program Report for January 2013 2013 2012 2013 2012 Participants Participants Variance Meetings Meetings Leisure Classes Zumba 14 18 -4 9 9 Yoga - Morning 12 6 6 4 9 Yoga - Evening 11 12 -1 5 4 Ballet/Tap 4-6 4 4 0 4 4 Adobe Elements 7 01 7 4 0 Microsoft Excel 11 11 0 3 3 Inter. Computers 8 0 8 3 0 Guitar - 3rd level 4 0 4 4 0 Italian For Everyone 5 4 1 4 1 Karate/Taekwondo 4 - 8 (Beg.) 13 18 -5 9 9 Karate/Taekwondo 4 - 8 (Inter.) 42 43 -1 91 Karate/Taekwondo 9 & up 23 30 -7 9 9 Dance, Play & Pretend 91 31 6 7 4 Totals 1631 1491 14 74 61 2013 2012 2013 2012 Participants Participants Variance Meetings I Meetings Special Events Pillars of the Community 70 55 15 1 1 Humana Well -Being Walk -1 350 500 -150 1 1 Humana Healthy. Fun Fair •1 1000 2000 -1000 1 1 Humana Day @ Farmers Market -i 700 1000 -300 1 1 9/11 Memorial 1 1501 01 1501 1 0 Totals 1 22701 3555 -12851 51 4 2013 2012 2013 2012 Participants Participants Variance Meetings Meetings Sports Open Gym Basketball 210 187 23 9 12 Open Gym Volleyball 126 70 56 5 4 Guided Cove Hike 20 16 4 1 1 Guided National Monument Hike 52 0 52 2 0 Disc Golf @ Civic Center Campus 151 01 151 1 0 Y' Rookies Football 121 121 01 21 2 Youth Flag Football (League Games) 2001 1201 801 21 2 Totals 6351 4051 2301 221 21 Community Services Totals 3,0681 4,109 -1,041 101 86 -1 Cold weather deterred participants from coming out this year compared to 2012 Humana events. 254 Community Services Department Monthly Revenue Report for January 2013 Monthly Revenue - Facility Rentals 2013 2012 Variance Library $ 200.00 $ 100.00 $ 100.00 Museum $ - $ - Senior Center $ 1,012.50 $ 1,012.50 $ - Parks $ 195.00 $ 60.00 $ 135.00 Sports Fields $ 811.00 $ 1,680.00 $ (869.00) Monthly Facility Revenue $ 2,218.50 $ 2,852.50 $ (634.00) Monthly Revenue Senior Center $ 7,410.00 $ 5,220.50 $ 2,189.50 Community Services $ 8,118.00 $ 6,310.00 $ 1 1,808.00 Total Revenue $ 15,528.00 $ 11,530.50 $ 3,997.50 Revenue Year to Date Facility Revenue $ 19,207.00 $ 18,799.50 $ 407.50 Senior Center $ 25,411.50 $ 22,255.50 $ 3,156.00 Community Services $ 39,671.00 $ 39,448.50 $ 222.50 Total Revenue to Date $ 84,289.50 $ 80,503.50 $ 3,786.00 255 Senior Center Attendance Senior Center Program Report for January 2013 Participation Participation Variance Meetings Meetings 2013 2012 2013 2012 Senior Activities Craft Time w/ DRD Tiny Tot Program 29 0 29 1 0 Computer Lab 4 0 4 3 0 Golden Tones 36 56 -20 3 5 Mah Jongg 30 60 -30 4 5 Monthly Birthday Party 45 45 0 1 1 Movie Time 49 76 -27 5 4 Putting Action & Wii Bowling 41 18 23 10 4 Quilters 56 36 20 5 4 Tai Chi Chuan (Free) 72 0 72 8 0 Tennis' 73 142 -69 7 9 Ukulele Players 54 76 -22 7 7 Woodcarvers 36 51 -15 4 4 Senior Activity Total 525 560 -35 58 43 Senior Leisure Classes/Programs Acrylic Landscape Painting 14 19 -5 4 3 Basic Computer 5 0 5 4 0 Bridge: Duplicate, Social & Party 338 347 -9 13 13 Chair Yoga 10 0 10 4 0 Creative Drawing 10 0 10 2 0 Dog Training 4 6 -2 3 5 Exercise 53 42 11 11 11 Hooked on Loops 7 8 -1 3 3 Intermediate Bridge Lessons 23 11 12 4 3 Intermediate Internet & Email 8 0 8 4 0 Intermediate Ukulele 7 0 7 4 0 Jewelry Making 10 0 10 4 0 Mat Pilates 24 22 2 11 11 Monthly Luncheon (Chinese New Year) 88 79 9 1 1 Social Dance Fusion 7 4 3 4 5 Use a Digital Camera 6 8 -2 3 2 Yoga for Health 24 13 11 4 7 Zumba Gold 40 0 40 10 0 Senior Leisure Classes Total P 678 559 119 93 - 64 TOTAL SENIOR PROGRAMS 1203 1119 84 151 107 Senior Social Services FIND 154 185 -31 8 6 Health Screenings (Help U Hear & Blood Pressure) 8 3 5 2 1 HICAP/ICLS 6 2 4 3 1 Lobby/Presentations/DRMC Mad Experts 36 15 21 1 2 Finance/Notary/Legal/Bereavement & Alzheimer's Groups 21 11 10 7 4 Volunteers 31 26 5 n/a n/a TOTAL SENIOR SERVICES 256 242 14 21 14 SENIOR CENTER TOTAL 1459 1361 98 172 121 ' Senior Activities: Tennis attendance is down from last year. 2 Senior Leisure Classes/Programs: No classes in the following areas - ACBL bridge group and beginning bridge lessons. 256 Parks Activities Updates For January 2013 The park landscapes throughout the City have been affected by the frost conditions that occurred during the past month. Many areas of bougainvillea and lantana were burned from the frost. Even though these areas look dead, the plants are still alive and will recover once the weather gets warmer. 257 La Quinta Community Fitness Center Counts for January 2013 Day Memberships Sold Rubys Sold Sapphires Sold Diamonds Sold Walk-ins Sold Daily Counts Daily Totals 1 0 2 0 3 1s 4 165 184 4 17 2 173 192 5 13 3 146 162 6 3 1 1 151 156 7 3 66 69 6 0 9 6 4 199 209 10 15 4 2 192 213 11 7 3 207 217 12 6 6 183 195 13 10 4 164 178 14 1 363 364 15 0 16 0 17 9 2 213 224 18 11 2 2 171 186 19 9 1 187 197 20 6 1 164 171 21 1 77 77 22 0 23 12 2 219 233 24 7 183 190 25 5 2 189 196 26 8 1 216 225 27 7 1 187 194 28 3 1 113 116 29 0 30 16 1 206 223 31 12 1 214 227 AVG 8.739130435 2 0 0 2.41176 181.1666667 136.4 TTL 201 8 0 0 41 4348 4598 The Gems symbolize the Wellness System Fees Ruby Level = $50.00 Self -Directed Program; One Year -Key Use Sapphire Level = $175.00 All Ruby Level Benefits; Pre -Fitness Assessment Test; Custom Designed Program by Personal Training Staff; Post -Fitness Assessment Test Diamond Level = $295.00 All Ruby and Sapphire Level Benefits; Three Additional Personal Training Sessions o Members Sold is the # of memberships sold that day. a Walk-ins are people without membership cards that are paying a daily $5 fee. u Daily counts are the # of Members coming into the center that have had their membership cards scanned by us. o The totals at the end of each row is the total of all of the above transactions for the day. 258 Department Report: D V OF Tl'� TO: The Honorable Mayor and Members of the City Council FROM: Amothy R. Jonasson, Public Works Director/City Engineer DATE: February 19, 2013 SUBJECT: Public Works Department Report for January 2013 1. The City's new GORequest reporting system is now live and generating a steady stream of activity. To date, the City has received nearly 1,400 requests. The majority have come to the Public Works Department as requests for service, with a number of requests coming in for Community Services and Building & Safety. The most common Public Works requests involve: debris removal, graffiti removal, street sign repairs, and issues with irrigation and landscaping. With regard to promotional efforts, a press release was issued to the media on February 6, 2013, and news of the system was posted on Facebook and Twitter. Staff is currently working with FG Creative on development of flyers and business cards for distribution to the public. 2. The Maintenance Division is using GORequest as their work order system, which has eliminated paperwork and tracks costs/materials for the daily tasks of City crews. Crews continue to repair potholes, concrete sidewalks, trip hazards, street and landscape lights, as well as replace missing or damaged signs and remove graffiti in parks and commercial areas, as needed. 3. Granite Construction, the contractor for the Adams Street Bridge Improvement Project, is making very good progress. Granite has completed backfilling next to the abutments, has poured the concrete barrier, and is working on installing the Imperial Irrigation District conduit north and south of the bridge. The contractor is anticipating switching traffic from the bypass road to the bridge in late February 2013. Progress on the project is being tracked at the Adams Street Bridge Project page on Facebook. The new completion date for the bridge is August 13, 2013. w 2�C3 4. The City Council approved an amendment to the cooperative agreement for the Madison Street Improvements on September 18, 2012. The City of Indio advertised the Phase I project for bid on October 16, 2012, and awarded a construction contract to Granite Construction on December 5, 2012. Work has started and is being constructed in two phases. Phase I will reconstruct the road between Avenue 51 and Avenue 52, and is currently underway. Access is being maintained for residents. The project is scheduled to be complete by the end of March 2013. 5. Construction for the Fred Waring Median Landscape Improvement is nearly complete. The contractor has completed installation of the irrigation and electrical conduit, planted the trees, and is currently placing the edging in preparation for decomposed granite and cobbles. Work is scheduled to be completed in the next two weeks. 6. The Calle Sinaloa and Avenue 52 Sidewalk Infill Project is currently being advertised for bids. The bid opening date is March 7, 2013. 7. The project team for the Comprehensive Fee and Rate Study has completed the draft final study. Meetings were held with the Desert Valley Builders Association and the Building Industry Association in Riverside on January 24, 2013. Staff is targeting the rheeting of February 19, 2013 for Council consideration of this item. 8. The City's 2013 National Point Discharge Elimination System Permit is being negotiated with Regional Water Quality Control Board staff. Regional Board staff has revised the schedule to allow for their board to adopt the new permit at their meeting of June 20, 2013. City staff is doing everything possible to ensure that the new permit requirements are "desert appropriate." 9. The Madison Club developer received approval of its revised landscaping plans from the Coachella Valley Water District on Thursday, February 7, 2013. An encroachment permit was issued to the developer on February 11, 2013. The parkway landscaping work on Avenue 53 has commenced. An encroachment permit will be issued for the parkway and median landscaping work on Madison Street once the developer submits approvable traffic control plans. An updated work schedule is attached. 10. The department collected the following fees for the month of January 2013: Major Encroachment Permit $ 1,050 Transportation Permit $ 360 PM Map Checking Fees $ 1,500 Parcel Merger/Lot Line Adjustment $ 0 Grading Permits $ 285 Driveway Permit $ 0 260 Tentative Parcel Map $ 0 Tentative Tract Map $ 0 Tentative Tract Map Time Ext. $ 0 Total $ 3,195 261 CITY SA / HA / FA MEETING DATE: February 19, 2013 ITEM TITLE: Public Hearing to Consider Resolutions to Approve the Certification of an Environmental Impact Report, the Greenhouse Gas Inventory and Reduction Plan and the 2035 La Quinta General Plan RECOMMENDED ACTIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt Resolution 2013- approving the certification of an Environmental Impact Report prepared for the General Plan Update, making certain findings and statements pursuant to the California Environmental Quality Act, and adopting a Statement of Overriding Considerations. Adopt Resolution 2013- approving the Greenhouse Gas Inventory and Reduction Plan prepared in conjunction with the General Plan Update. Adopt Resolution 2013- approving the General Plan Update. EXECUTIVE SUMMARY: In December 2012, a public hearing on the draft General Plan (Plan) was held. Public comments were given and Council concluded that a study session was necessary in order to further consider and discuss comments received relevant to possible language changes. A special study session was conducted in January 2013, and again, several public comments were provided, some with concern regarding the language that was used and how it might tie into the United Nations Agenda 21. Council directed staff to again review the Plan and make appropriate changes. Those changes are now being brought back before Council for consideration. FISCAL IMPACT: No direct fiscal impact is anticipated with adoption of the Plan. An analysis to guide and improve long-term fiscal policy has been provided within the Economic Development Element (Attachment 1 pg. Ik163). BACKGROUND/ANALYSIS: On December 18, 2012, City Council conducted a public hearing on the Plan, receiving several comments from the public both supporting the Plan as written as well as requesting text amendment regarding the use of the word "sustainability" and related terminology and policy. A copy of the staff report and supporting documents are attached (Attachment 1). Council concluded that a study session was necessary in order to further consider and discuss the comments received relevant to possible language changes. On January 22, 2013, City Council conducted a study session at the La Quinta Library. Similar to December 18, several in attendance commented on the Plan; both in support as written and requesting language changes namely due to concern with influence of the United Nations Agenda 21 might have upon the Plan. Following receipt of public comment and discussion among Council Members, direction was given to staff to review the Plan and make appropriate changes, including alternative language, in order to clarify the intent of the Plan's goals, policies and programs and emphasize that the Plan is based on local input, needs, and direction. The revisions include a number of text changes, such as renaming the Sustainable Community Element to the Livable Community Element along with numerous edits regarding the use of the word "sustainable" throughout the Plan. For the most part, the word "sustainable" was either removed or replaced with "livable," "comprehensive" or "resource efficient." Additionally, the following language is proposed as a preamble to the Community Vision section of Chapter I: "We the people of the City of La Quinta declare our intent to restore to our community the historic principles of self -governance inherent in the doctrine of home -rule. Sincerely committed to the belief that local government has the closest affinity to the people governed, and firm in the conviction that the economic and fiscal independence of our local government will promote the health, safety and welfare of all the citizens of this City... " City Charter 1996 As stated in the City's Charter, it is a fundamental tenet of the City of La Quinta, its citizens and its leaders, to protect and maintain the public health, safety and welfare through self -governance at a local level. As such, this It 2 6 plan is crafted as the guiding policy document for the City per the vision expressed by its citizens and established by the City Council. While it is written to be in compliance with applicable State and Federal legislation, as it has been since the City's first General Plan, its goals, policies and programs are those of the people of La Quinta and are not intended to facilitate the agenda of any outside group or foreign entity. At their request, copies of the proposed text revisions were provided on February 5, 2013, to representatives from the Palm Springs Patriots Coalition for their review and comment in advance of the February 19, 2013 public hearing. A group email received on February 11, 2013, expressed additional concern with the proposed text changes (Attachment 2). In addition, the email also expressed concern with staff not addressing two items provided in their correspondence of January 19, 2013 regarding golf course properties and legal counsel review of all new laws to ensure that they are constitutional. As a reminder, the City of Indio provided correspondence via email dated December 18, 2012 commenting on the Plan's Final Environmental Impact Review and the response provided in that document to previous comments from Indio regarding traffic impacts and mitigation (Attachment 3). Since the email was received the day of the City Council meeting, staff only mentioned to Council receipt and distribution of the correspondence during the Decemberl8, 2012, public hearing. The comments provided express concern with 1) the "channeling" of traffic conducted in the traffic model and how that impacts intersections shared with Indio; and 2) reconsider the LOS "D" standard to allow for LOS "E" at certain shared intersections consistent with Indio's standard. Staff recently met with Indio Public Works and clarified the city's approach on these matters. Indio staff concurred with staff's explanation of the need for a regional traffic model and is no longer requesting these changes. ALTERNATIVES: Alternative actions available to the City Council include referring the proposed draft General Plan and supporting documents back to staff for further revisions, or the discussion and incorporation of any adjustments deemed appropriate. ENVIRONMENTAL REVIEW: All of the impacts identified from the proposed General Plan are able to be mitigated to a less than significant level with the exception of air quality and traffic and circulation, for which a Statement of Overriding Considerations is required for adoption by the City Council. 26 + Respectfully s Le Joh on Community Development Director Attachments: 1. December 18, 2012 Staff Report 2. Proposed Text Changes 3. Email Correspondence from City of Indio - 12/18/12 265 RESOLUTION 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING THAT THE ENVIRONMENTAL IMPACT REPORT (SCH#2010111094) PREPARED FOR THE 2035 LA QUINTA GENERAL PLAN UPDATE IS ADEQUATE, MAKING CERTAIN FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM WHEREAS, pursuant to California Government Code Section 65302, the La Quinta 2035 General Plan Update has been prepared; and WHEREAS, a Greenhouse Gas Inventory and Reduction Plan has been prepared in conjunction with the General Plan Update pursuant to California Health and Safety Code Section 38550 et. seq.; and WHEREAS, it was determined pursuant to California Environmental Quality Act ("CEQA") and the CEQA Guidelines (Title 14 California Code of Regulations Sections 15000 et seq.) that the implementation of General Plan Update ("Project') could have a significant effect on the environment, and thus warranted the preparation of an Environmental Impact Report ("EIR"); and WHEREAS, on November 22, 2010, the City of La Quinta, as lead agency under CEQA, prepared a Notice of Preparation ("NOP") of the EIR; mailed that NOP to public agencies, organizations, and persons likely to be interested in the potential impacts of the proposed Project; and WHEREAS, the City thereafter caused to be prepared a Draft Environmental Impact Report ("DEIR"), which, taking into account the comments it received on the NOP, described the Project and discussed the anticipated environmental impacts resulting therefrom as well as various mitigation measures to reduce the impacts, and on July 12, 2012, circulated the DEIR for public and agency comments; and . WHEREAS, the public comment period for the DEIR closed on August 27, 2012; and WHEREAS, the Planning Commission of the City of La Quinta did on the 111" day of September, 2012, hold a duly noticed Public Hearing to consider the draft Environmental Impact Report and, after considering all comments received 266 as well as all testimony and arguments, adopted Planning Commission Resolution 2012-015, recommending City Council adoption of the draft Environmental Impact Report; and WHEREAS, it is the policy of the State of California and the City, in accordance with CEQA and the CEQA Guidelines, that the City shall not approve a project that has significant effects on the environment unless there is no feasible way to lessen or avoid the significant effects and that the benefits of approveing the project outweigh the unavoidable significant impacts, such that the impacts are acceptable based on CEQA Guideline Section 15093; and WHEREAS, the City Council of the City of La Quinta has read and considered all environmental documentation comprising the EIR, has found that the EIR considers all potentially significant environmental impacts of the proposed project and is complete and adequate, and fully complies with all requirements of CEQA; and WHEREAS, the CEQA and the CEQA Guidelines provide that no public agency shall approve or carry out a project for which an EIR has been completed and which identifies one or more significant effects of the project unless the public agency makes written findings for each of the significant effects, accompanied by a statement of facts supporting each finding. WHEREAS, the City Council has reviewed the attached CEQA Findings and Statement of Facts as well as the attached Statement of Overriding Consideratins; and WHEREAS, prior to action on the project, the City Council has considered all significant impacts, mitigation measures, and project alternatives identified in the EIR, and has found that all potentially significant impacts on the project have been lessened or avoided to the extent feasible; and WHEREAS, pursuant to CEQA Guideline Section 15093(b), the City must state in writing the reasons to support its action based on the EIR and/or other information in the record. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of La Quinta does hereby find as follows: Section 1. Cerfification of EIR. Based on its review and consideration of the Final EIR and all written communications and oral testimony regarding the proposed project which have been submitted to, and received by, the City, the City Council certifies that the Final EIR has been completed in compliance with CEQA and the State and local CEQA Guidelines. The City Council finds that the Final EIR 261 reflects the City Council's independent judgment and analysis as lead agency under CEQA, and hereby adopts and certifies the Final EIR as complete and adequate. The City Council further certifies that the Final EIR was presented to the City Council and that the City Council reviewed and considered the information contained in it prior to approving the 2035 La Quinta General Plan Update. Section 2. CEQA Findings. The City Council hereby adopts the CEQA Findings and Statement of Facts attached as "Exhibit A," which exhibit is incorporated herein as though set forth in full. Section 3. Statement of Overriding Considerations. The City Council hereby adopts the Statement of Overriding Considerations attached as Exhibit "B" which exhibit is incorporated herein as though set forth in full. Section 4. Mitigation Plan Approval. Although the Final EIR identifies certain significant environmental effects that would result from approval of the Project, certain environmental effects can feasibly be avoided or mitigated and will be avoided or mitigated by imposition of mitigation measures included in the Final EIR and the Mitigation Monitoring and Reporting Program. Pursuant to Public Resources Code section 21081 and CEQA Guidelines section 15097, the City Council hereby adopts and approves the Mitigation Monitoring and Reporting Program attached hereto as Exhibit "C," which is incorporated herein by reference as though set forth in full. The City Council further finds that the mitigation measures identified in the Final EIR are feasible. Section 5. No Significant New Information Added to Draft EIR. The information provided in the various reports submitted in connection with the proposed Project and in the responses to comments on the Draft EIR, the information added to the Final EIR, and the evidence presented in written and oral testimony at public hearings on the Project and the Draft EIR, do not constitute significant new information that would require recirculation of the Draft EIR pursuant to Public Resources Code section 21092.1 and CEQA Guidelines section 15088.5. Section 6. Location and Custodian of Record of Proceedings. The Planning Department of the City of La Quinta, located at 78-495 Calle Tampico, La Quinta, CA 92253-1504, is hereby designated as the custodian of the documents and other materials which constitute the record of proceedings upon which the City Council's decision is based, which documents and materials shall be available for public inspection and copying in accordance with the provisions of the California Public Records Act (Government Code § § 6250 et seq.) during normal business hours. 268 Section 7. Notice of Determination. The Planning Director shall file a notice of determination with the County Clerk of the County of Riverside and with the state Office of Planning and Research within five (5) working days after this approval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 1 g`" day of February, 2013, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Don Adolph, Mayor City of La Quinta; California ATTEST: Susan Maysels, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. Katherine Jenson, City Attorney City of La Quinta, California 26 09 RESOLUTION 2013- EXHIBIT "A" CEQA FINDINGS AND STATEMENT OF FACTS A. INTRODUCTION Project Description The purpose of the EIR is to assess the environmental constraints and opportunities associated with the adoption and implementation of the proposed La Quinta General Plan Update, and evaluate the impacts of build out of the General Plan Land Use Map (please see DEIR Exhibit 1-5)• The DEIR summarizes the land use designations and the major goals and policies established in the General Plan. It utilizes a range of technical data, which has served as the basis for evaluating a variety of environmental issues relevant to the City and its Sphere. Environmental issues considered in this EIR include but are not limited to the following: land use compatibility, traffic and circulation, flooding and hydrology, geotechnical and seismic safety, biological and archaeological resources, and noise impacts. In addition, the EIR considers the availability of public services and facilities associated with General Plan implementation. Project Location The City of La Quinta General Plan Update Planning Area encompasses approximately 48.3 square miles situated in the south central portion of the Coachella Valley, in central Riverside County, California. The Planning Area is generally bounded on the north by lands south of Hidden River Road, on the south by Avenue 64, on the west and southwest by the Santa Rosa Mountains, and on the east by Harrison Street. The General Plan Update Planning Area is comprised of lands within the City's corporate limits, as well as the City's Sphere of Influence. The incorporated limits of the City of La Quinta encompass 35.7± square miles, which are developed for a range of residential, resort and resort residential, commercial and open space uses. The Sphere of Influence totals 12.6± square miles. The Sphere occurs in two locations: a small area to the north of the City's corporate limits, and the majority of these lands located to the east of the City's corporate limits. Lands included in the City's Sphere are those identified by the Local Agency Formation Commission (LAFCO) as being a logical extension of the City in the long term. Only if these lands are annexed will the City have jurisdiction .. It, .. 210 over their development. All lands in the Sphere currently fall under the jurisdiction of the County of Riverside. CEQA Requirements The City of La Quinta proposes to adopt the 2035 La Quinta General Plan Update. Because the proposed action constitutes a "project" under the California Environmental Quality Act of 1970 (CEQA), as amended, and the State Guidelines for the implementation of CEQA, as amended, the City has prepared a Draft Environmental Impact Report (DEIR). The DEIR identifies certain significant effects which may occur as a result of the project, or which may occur on a cumulative basis in conjunction with the project and other past, present, and reasonably foreseeable future projects. CEQA and the State Guidelines require that no public agency approve or carry out a project for which an Environmental Impact Report (EIR) has been completed and which identifies one of more significant effects of the project unless the public agency makes one of more of the following written findings for each of the significant effects, accompanied by a Statement of Facts supporting each finding. The possible findings include the following: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR. The City has determined that the EIR is complete and has been prepared in accordance with CEQA and the Guidelines. The City proposes to approve the proposed project, and the findings set forth herein are made. B. EFFECTS DETERMINED TO BE INSIGNIFICANT As part of the Initial Study process, the Environmental Checklist Form suggested by the CEQA Guidelines and utilized by the City of La Quinta was reviewed to assure that all environmental issues required to be addressed by CEQA would be addressed in the EIR. It was determined that the proposed project would have no impact on the following environmental areas of concern: 211 Biological Resources: would the project: e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Hazards and Hazardous Materials: would the project: f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? Noise: would this project: f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Population and Housing: would the project: b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? C. EFFECTS DETERMINED TO BE LESS THAN SIGNIFICANT Aesthetics The 2035 General Plan Update will facilitate new development throughout the Planning Area through the adoption of its Land Use Map, and policies promoting development. Therefore, the General Plan Update has the potential to impact the existing aesthetic quality of the Planning Area. The General Plan Update does not, however, propose any significant changes to the land use pattern in the City. The General Plan Update provides policies and programs to protect existing views and maintain existing scenic vistas. These include policies relating to the preservation of existing neighborhoods, and the implementation of development standards to reduce impacts from new or redeveloped projects on adjacent lands. Further, the City will continue to implement its Zoning standards, which limit building height, and control mass and scale. The Sustainable Community Element also contains policies geared to high quality design in harmony with the natural environment, as well as the preservation of natural resources. The policies and programs contained in that Element will also limit the potential impacts on scenic vistas resulting from implementation of the General Plan Update. As a result, impacts on scenic vistas caused by implementation of the General Plan Update will be less than significant. Scenic Resources includes trees, rock outcroppings, and historic buildings that are visible from a state scenic highway. Currently, there are no state scenic highways that run through La Quinta or the Sphere of Influence. Therefore, impacts to scenic resources along a state scenic highway will be less than significant. Light and glare impacts are associated with increased urbanization. Within the City limits, the majority of lands are developed, and daytime and nighttime skies are already affected to a limited extent by light and glare. The adoption of the General Plan Update will facilitate similar development patterns in the City to those that exist today. Further, the General Plan Update maintains policies and programs currently in effect that limit lighting, and the City's Municipal Code prohibits light spillage onto neighboring properties. Therefore, implementation of the General Plan Update will have a less than significant impact on light and glare impacts within the City. The La Quinta 2035 General Plan Update will facilitate continued urbanization in areas that are undeveloped, but also provides goals, policies and programs to reduce aesthetic impacts associated with new development. The City's land use pattern will not change due to the Update, and the Land Use and Sustainable Community Elements will control the mass, scale and bulk of new projects and redeveloped sites. Impacts associated with aesthetics are expected to be less than significant. Land Use Plannin Potential land use incompatibilities are addressed through policies and programs set forth in the General Plan and through adherence to the Municipal Code. The General Plan also includes policies and programs designed to assure that adequate infrastructure is available prior to development occurring in an area; and that land use compatibility and neighborhood character be preserved throughout the City and Sphere. A Master Plan of Development for the eastern Sphere of Influence will be prepared that will be reflective of the community's wants and needs. Development within the Sphere of Influence shall be subject to policies set forth in the Master Plan. These policies and programs reduce the potential impacts associated with land use and planning to less than significant levels. No mitigation is required. Mineral Resources The General Plan Update will facilitate new development or redevelopment throughout the City and Sphere. There are no mining operations occurring within the Planning Area. The majority of lands within the City are developed. Remaining vacant lands include infill lots, and scattered parcels located primarily within the Cove area and southwestern portion of the City Limits, which may develop according to land use designations proposed by the General Plan Update. As shown in Exhibit III-11, these areas are located in MRZ-3, or areas containing known or inferred mineral deposits, the significance of which cannot be evaluated from available data. These areas, however, are surrounded by urban development, and mineral extraction activities are incompatible and unlikely on remaining vacant parcels. Implementation of the General Plan Update does not result in loss of availability of locally important mineral resource considered valuable to the region and state, and does not result in the loss of availability of mineral resource recovery sites delineated on a local general plan, specific plan or other land use plan. Impacts on mineral resources caused by the implementation of the General Plan Update will be less than significant. Recreational Resources The General Plan requires the provision of 5 acres of parkland for each 1,000 population. Based on this standard, a population of 79,956 at build out of lands within the City limits would require a total of 395 acres of parkland. With implementation of required fees for new development projects, implementation of the General Plan Update will have less than significant impacts to existing parks within the City. Implementation of the General Plan Update has the potential to result in the development of approximately 20,699 new residential units within the Sphere at build out. Total population within the Sphere is expected to reach 54,396 residents. The General Plan requires 5 acres of parkland per 1,000 residents. Based on this standard, a population of 54,396 residents at build out would require a total of 272 acres of parkland, if the Sphere were annexed to the City. With implementation of required fees for new development projects, implementation of the General Plan Update will have less than significant impacts to existing parks within the City or its Sphere of Influence. D. EFFECTS DETERMINED TO BE MITIGATABLE TO A LEVEL OF INSIGNIFICANCE Agricultural Resources The General Plan Update will facilitate continued urbanization in areas that are undeveloped and used for agriculture. In 2008, there were approximately 1,700 acres of important agricultural land located in the City, and 7,391 acres in the Sphere of Influence, for a total of 9,091 acres. 582 acres of land with Williamson Act contracts are located within the Sphere of Influence. Based on 2008 Riverside County data, approximately 218.9 acres were in renewal, and 363 acres were in non -renewal. Land designated as important farmland represents 1.3% of the total important farmland in the County. The eventual loss of these lands will not significantly impact agriculture in the region. The eastern Sphere of Influence is designated primarily as Low Density Residential, and requires the preparation of a master plan prior to annexation. The master plan is further required to reflect the character of the area. Annexation to the City cannot occur without the completion of this master plan. Based on the character of the area, it can be expected that the master plan will contain provisions for equestrian and agricultural facilities, and that agricultural uses would remain within the land use mix of the area. The General Plan Update will not directly require conversion of farmland to non- agricultural uses, however indirect pressures may encourage agricultural landowners to sell or develop the land. Findings: 1 . Changes, alterations, and other measures have been incorporated into the plan, or are otherwise being implemented, which will mitigate this impact to a less than significant level, as follows: a. Prior to lands under Williamson Act contract being annexed into the City of La Quinta, the City shall coordinate with property owners, County of Riverside, and appropriate state agencies to assure transfer of Williamson Act contracts to the City. b. The master plan for the Vista Santa Rosa area will incorporate the area's agricultural character. c. New development will be required to provide buffers adjacent to existing agricultural lands. 271 d. Incorporate date palms, citrus trees, or other important crops into landscape plans for open space, right-of-way landscaping, and parks to the greatest extent possible. Biological Resources The ultimate build out of the General Plan Planning Area has the potential to significantly impact biological resources by reducing native habitat areas and directly affecting fauna. However, the majority of lands on which development will occur are on the Valley floor, in areas already impacted by urban development or agricultural activities. These areas are part of the Coachella Valley Multiple Species Habitat Conservation Plan (MSHCP), and new development projects will be required to pay mitigation fees associated with the MSHCP to allow for the preservation of habitat and species in designated conservation areas. Conservation areas designated under the MSHCP will be restricted in development, per the requirements of the Plan. Areas where non -covered sensitive species occur are identified in the General Plan, and the Plan requires the preparation of special studies for projects proposed in those areas. Those studies will provide an assessment of the potential impacts, and recommend mitigation measures if necessary. The General Plan also designates Natural Open Space for hillside areas on the west and southwest portions of the City, which are areas of potential habitat for the endangered Peninsular Bighorn Sheep. The Natural Open Space designation will not result in development in these areas, and will protect these lands for the long term. Finally, existing regulations, including the provisions of the MSHCP, the requirements enforced by the California Department of Fish and Game, the US Fish and Wildlife Service and the US Army Corps of Engineers will continue to be enforced by the City. These requirements and regulations are designed to protect species, water bodies and habitats from negative impacts associated with development. The General Plan acknowledges these requirements, and includes policies to maintain their implementation for future projects as they are proposed. Findings: 1. Changes, alterations, and other measures have been incorporated into the plan, or are otherwise being implemented, which will mitigate this impact to a less than significant level, as follows: a. The City shall require payment of Coachella Valley Multiple Species Habitat Conservation Plan mitigation fees prior to issuance of 276 occupancy permits for development projects required to pay such fees. b. The City shall refer land owners and developers of lands slated for conservation under the MSHCP to the Coachella Valley Association of Governments and/or Coachella Valley Conservation Commission for guidance and permitting assistance. c. The City shall maintain and update as necessary all maps of conservation and mitigation fee boundaries for the MSHCP. d. Where appropriate, the City shall require site -specific, species -specific surveys for the seven species not covered by the MSHCP. e. Projects proposed for development within areas identified as having potential for occurrence of Glandular Ditaxis, California Ditaxis, Prairie Falcon, Black -tailed Gnatcatcher, Loggerhead Shrike and Pocketed Free -tailed Bat, as identified in the General Plan, shall be required to retain a qualified biologist to prepare biological resource surveys. f. Prior to the issuance of any ground disturbing permit for qualifying projects in a Conservation Area, the City shall require a protocol compliant survey for Burrowing Owl, in compliance with the MSHCP Section 4.4. g. The City shall require protocol compliant surveys for burrowing owl prior to the issuance of any ground -disturbing permit for fallow lands outside MSHCP Conservation areas. h. The City's Land Use Map shall designate as "Open Space" all publicly owned Conservation lands for the MSHCP. In compliance with the requirements of the Migratory Bird Treaty Act (MBTA), the City shall continue to require that for development projects proposing removal of vegetation between March and August, a qualified biologist shall be retained to determine whether any bird nests or young occur on the site, and if they occur, to provide mitigation measures compliant with the MBTA. In compliance with the regulatory requirements of the California Department of Fish and Game, the U.S. Army Corps of Engineers and the Regional Water Quality Control Board as they relate to "waters of the State of California" and/or "waters of the United States", and prior to the initiation of any project within the Coachella Valley Stormwater Channel, the City shall require consultation and/or permitting by State and federal agencies be demonstrated in writing. 27i k. Prior to the initiation of any project within any defined blueline stream other than the Coachella Valley Stormwater Channel, the City shall require that consultation and/or permitting by California Department of Fish and Game be demonstrated in writing. I. The City shall encourage new development projects to incorporate native desert plant materials into project landscaping to the greatest extent possible, and shall discourage the use of invasive, non-native species. m. The City shall use zoning standards and the design review process to assure that adequate buffers are provided between urban development and environmentally sensitive areas, including Conservation Areas for the MSHCP, to the greatest extent possible. Cultural Resources Previously completed cultural surveys have identified approximately 500 archaeological sites, both historic and prehistoric, throughout the entire General Plan Update Planning Area. Future development projects, including modifications to existing buildings, demolition, grading activities, site excavation, and construction could potentially result in direct or indirect disturbance or destruction of historic resources. The General Plan requires site specific studies be conducted when development is proposed. These studies will include an assessment of potential impacts to historic resources, and assure that impacts to these resources are reduced to less than significant levels. Vacant lands that have not been surveyed may contain buried archaeological resources. Future construction activity on these lands, including grading activity, site excavation, and general construction could potentially result in direct or indirect disturbance or destruction of archaeological resources. Site surveys are required by the City as part of the entitlement process, to assess potential harm to these resources. Implementation of the General Plan could facilitate development within the Sphere of Influence, if these areas are annexed. As a result, impacts to unknown cultural resources could occur. The City's survey requirements for historic and prehistoric resources would be applied for these properties to assure said resources are identified and protected. Implementation of the General Plan Update will facilitate new development throughout the Planning Area. The City and its Sphere exhibit varying degrees of paleontological sensitivity according to soil types. Sediments related to ancient Lake Cahuilla beds exhibit the highest paleontological sensitivity. Granitic rock soils found along the Coral Mountains which surround the Cove have low paleontological 278 sensitivity. New development activity, including construction, grading, and other site disturbances in moderate and high sensitivity areas has the potential to impact paleontological resources. Findings: 1. Changes, alterations, and other measures have been incorporated into the plan, or are otherwise being implemented, which will mitigate this impact to a less than significant level, as follows: a. The City will continue to pursue government -to -government consultation with pertinent Native American representatives and tribal organizations, as required by SB 18. b. All proposed project sites will be surveyed by a qualified archaeologist, historian, and/or architectural historian, as appropriate, to identify any potential cultural resources that may be affected unless existing evidence shows that such survey is unnecessary. c. The City will maintain and expand as necessary the existing historical resources inventory to provide a comprehensive and up-to-date register of known cultural resources in the Planning Area. d. New development projects proposed for areas of high sensitivity for paleontological resources shall be required to prepare paleontological resource surveys as part of the entitlement processing. e. A paleontological resource evaluation shall be prepared in conjunction with site specific geotechnical analysis required for grading and building permits for projects located in low paleontological sensitivity and undetermined areas. Evaluation should include bore samplings to understand whether grading and/or building will impact underlying Pleistocene or older soils. f. The City will require a paleontological monitor during earth moving activities in high sensitivity areas. Geolog and Soils Although no active or potential active faults occur in the Planning Area, geological analyses conducted for the General Plan indicates that the Planning Area could experience moderate to very high ground shaking from earthquakes along the San Andreas Fault. These levels of ground shaking have potential to cause moderate to heavy damage, especially to older and poorly constructed buildings. Strong ground shaking can also result in indirect hazards, including slope 27J instability, liquefaction, settlement, landslides, and flood inundation, urban fires, failure of water storage or containment structures, such as levees, dikes or reservoirs, and toxic chemical releases. Several areas in the City and Sphere have potential to be impacted by liquefaction. There is a moderate potential for liquefaction in the southeastern portion of the Planning Area, and a high potential in the eastern Sphere. Areas at risk due to seismically induced slope instability occur within the southern and western portions of the Planning Area near the base of steep slopes associated with the Santa Rosa and San Jacinto Mountains. These areas have been mapped and are shown in the General Plan as well as the EIR. For the most part, development is expected to be limited within these areas. Nonetheless, lands downslope of mountain slopes and hillsides may be susceptible to risks associated with landslide and rockfall. The Planning Area is not within an inundation area for a dam under the jurisdiction of the California Division of Dam Safety. Potential for seismically induced inundation in the Planning Area may occur in the event of levee failure along the Coachella Valley Stormwater Channel, the Coachella Canal and Lake Cahuilla. Above -ground water storage reservoirs in the Planning Area contain large quantities of water. If these structures are damaged in an earthquake, downslope areas are at risk of flooding. Alluvial and windblown soils occur in various portions of the Planning Area. Windblown sand deposits occur in the northern City and Sphere, while soils associated with alluvial fan deposits occur throughout the southern and western/northwestern portions of the City. Soils associated with alluvial (water) and aeolian (wind) processes are subject to loss of cohesion when saturated, which may result in collapse and/or hydroconsolidation. Structures built on these soils may be damaged as a result. Much of the Planning Area is underlain by lacustrine deposits associated with ancient Lake Cahuilla. These soils contain varying amounts of clay and silt, which may be expansive. Shrinking and swelling can result in damage to structures and other surface improvements. Ground subsidence is a regional issue in that it is thought to be related to reductions in groundwater supplies in the aquifer. It is being addressed through Coachella Valley Water District water management programs, including groundwater recharge and water conservation programs. 280 Wind erosion, which occurs through much of the Valley, including the Planning Area, affects overall air quality, health, and can result in damage to structures. Much of the Planning Area is within an active wind erosion zone. Findings: 1. Changes, alterations, and other measures have been incorporated into the plan, or are otherwise being implemented, which will mitigate this impact to a less than significant level, as follows: a. The City shall periodically confer with the California Geological Survey, Riverside County, neighboring communities, and other appropriate agencies to improve and routinely update the.database of local and regional geologic conditions, including seismic and geotechnical hazard in the General Plan Area. b. The City shall continue to require that development in areas subject to rockfall, landslide, liquefaction and/or other geotechnical hazards prepare detailed geotechnical analyses that include mitigation measures intended to reduce potential hazards to less than significant levels. c. The City shall continue a cooperative agreement with the County Geologist, State Geologist, or contract state -certified geologist and/or geological engineer to review and determine the adequacy of geotechnical, fault hazard studies and/or soils studies for proposed projects in the General Plan Area, and to enforce the implementation of mitigation measures. d. The City shall require that development in areas subject to collapsible or expansive soils conduct soil sampling and laboratory testing and implement mitigation measures that minimize such hazards. e. The City shall require that all new structures be built in accordance with the latest version of the California Building Code (CBC). f. The City shall continue to encourage that structures that pose a safety threat due to inadequate seismic design are retrofitted or removed from use. The City shall encourage all other property owners to seismically upgrade their properties. g. The City, shall consult and coordinate with California Geological Survey, Coachella Valley Water District and other appropriate agencies to support and participate in local and regional efforts at groundwater conservation and recharge in order to minimize potential impacts of ,E 281 subsidence due to groundwater extraction, including the periodic monitoring of groundwater levels and surface elevations in the City. h. The City shall coordinate and cooperate with public and quasi -public agencies to ensure that major utilities shall continue to be functional in the event of a major earthquake. Hazards and Hazardous Materials Implementation of the General Plan Update will facilitate new growth and development across the City and the Sphere. Increased growth will not only result in an increased population susceptible to hazards and hazardous materials, but will include businesses and development projects that use, store, and/or transport hazardous material. As a result, build out of the proposed General Plan has the potential to increase the number of people that are susceptible to hazards and hazardous materials in the Planning Area. New growth and development facilitated by the General Plan Update will have the potential to increase populations living in the vicinity of hazardous materials transport routes. The transport of hazardous materials is highly regulated by various government agencies, such as Caltrans, the California Highway Patrol, and the US Department of Transportation, and cleanup and containment of these accidents is monitored by these same agencies. Emergency evacuation and response plans, such as Code RED, are already developed in La Quinta to provide automated notification to residents during an emergency, including hazardous waste spills. The General Plan Update could result in approximately 8,114 additional residential units in the City Limits, and 20,699 new units within the Sphere of Influence. These new residential uses have the potential to use and store household cleaning supplies, chemicals, batteries, fluorescent bulbs, and other potentially hazardous materials. The amount of hazardous materials used by these new residential uses will be typical of what is found within existing neighborhoods throughout the region. Hazardous waste disposal centers throughout the Coachella Valley, including the Burrtec Waste and Recycling Center in Palm Desert, and the household hazardous waste facility in Palm Springs, are available for residents to dispose of household hazardous waste. The General Plan Update proposes approximately 3,218,039 square feet of additional commercial uses in the City, 2,458,797 square feet of additional commercial in the Sphere of Influence, 611,408 square feet of new industrial/light manufacturing uses in the Sphere of Influence, and approximately 195 acres of new community facilities. New golf courses throughout the Planning Area may also use and store hazardous materials, such as pesticides and fertilizers. The Riverside County Department of Health is responsible for managing a list of all hazardous at 232 waste generators in the County. New hazardous waste generators that locate in the Planning Area will be required to abide by Department policies, and register on the hazardous waste generator list. This list provides residents and public officials information as to where hazardous materials are located throughout La Quinta. The General Plan Update Planning Area is not located on the "Cortese" list of hazardous materials sites compiled pursuant to Government Code Section 65962.5, and managed by the California Environmental Protection Agency. The closest active hazardous materials site in the region is located on the Jacqueline Cochran Regional Airport located east of the Planning Area. Hazardous materials at this site are associated with the airport facilities, as well as historic Army and Navy uses. The Jacqueline Cochran Regional Airport is immediately adjacent to the eastern boundary of the Sphere of Influence. Eastern portions of the La Quinta Planning Area are located within the Jacqueline Cochran Airport Influence Area Zone D and E of the Compatibility Plan. The County of Riverside has prepared the Riverside County Airport Land Use Compatibility Plan, which provides policies for Airport Influence Areas for all airports in the County. New development within the eastern boundary of the Sphere of Influence will need to abide by Compatibility Plan polices and land use regulations. The General Plan Update Planning Area is also near the Bermuda Dunes airport. According to the Riverside County Airport Land Use Compatibility Plan, the far northern portions of La Quinta, including the northern Sphere of Influence, are located in Compatibility Land Use Zone E. Existing and proposed land uses within Zone E are compatible with the Bermuda Dunes Compatibility Plan. The City currently contracts with Riverside County Fire Department for emergency services, and the City's Emergency Services Division is responsible for preparing the community for natural and man made disasters and emergencies. Additional emergency services, including new police and fire services, will be required as development and population increases. In addition, the City's Emergency Services Division will need to accommodate the influx of new residents to the area. The City prepared the Emergency Operations Plan to prepare for emergencies, and has instituted the Code RED notification system to help notify the public, through telephone calls, about emergencies such as water contamination, evacuation notices, wildfires, bomb threats, hazardous spills, and other emergency situation. The City is also involved in the Community Emergency Response Team (CERT) program. The La Quinta Planning Area is situated in a Valley, along the base of the Santa Rosa and San Jacinto Mountains. Much of the western portion of the Planning 2833 Area, particularly within the City, such as the Cove, is located near the urban- wildland interface. The wilderness areas that surround La Quinta, as well as other areas along the base of the Santa Rosa and San Jacinto, are made up of Granitic rock and sparse desert vegetation. The sparse desert vegetation along these mountainsides does not provide the explosive fuels needed for wildfires. The General Plan Update provides policies and programs to reduce the severity of hazards and lower risks involved with accidental release of hazardous materials or other emergencies. Findings: 1. Changes, alterations, and other measures have been incorporated into the plan, or are otherwise being implemented, which will mitigate this impact to a less than significant level, as follows: a. The City will ensure that new generators of hazardous materials will comply with all local, state, and federal regulations, as required by law. b. The City will work with Riverside County Fire, Caltrans, CHP, and other local, state, or federal agencies to regulate the transport or hazardous materials along local roadways, state highways, and railways that run through the City or in the vicinity. c. The City shall incorporate and abide by the policies and regulations highlighted in the Jacqueline Cochran Regional Airport Master Plan and the Riverside County Airport Compatibility Land Use Plans for all new development within the Compatibility Land Use Zones of the Jacqueline Cochran Regional Airport and the Bermuda Dunes Airport. d. The City shall update the Emergency Operations Plan as necessary to address and plan for synchronized response to potential emergencies including release or spills of hazardous materials. Hydrology Implementation of the proposed General Plan will facilitate urban development that will result in an increase in impervious surfaces, such as roadways, sidewalks, and parking lots. Water that would have been absorbed into the ground will runoff to downstream areas. The City and CVWD have worked proactively to protect developed areas in the City from flood hazards. Currently, no habitable developed areas in the City are within a FEMA Special Flood Hazard Zone. However, localized flooding can still occur in some areas, primarily where storm drains are not adequately sized or temporary retention facilities are not present. 2814 Substantial areas in the City are zoned by FEMA as having potential to flood during a storm stronger than the 100-year event, or subject to shallow flooding during a 100-year storm. The Planning Area may be susceptible to flooding if water reservoirs or water retention structures or facilities should fail. The Planning area is not located downstream of any State -regulated dam, or within a dam inundation area as identified by the Division of Dam Safety. The City and Sphere are traversed by the Coachella Valley Stormwater Channel, which is protected in many areas by a system of sand levees. These have potential for seismic settlement or liquefaction, especially in the event of strong ground shaking or long periods of rain. Earthquakes can also create seiche conditions within open waterbodies, such as Lake Cahuilla, canals, reservoirs and catch basins. The sloshing movement of water within containment structures can damage them, and water may overtop, potentially inundating areas down slope. There is potential for the regional domestic water system to be damaged and potentially unusable for a period of greater than 30 days in the event of a large- scale earthquake. The Coachella Valley Water District has indicated that the water storage tanks in the area are built to current seismic standards. Future development within the Planning Area may be subject to localized flooding risks, especially where flood hazard mapping is incomplete. The General Plan includes a range of policies intended to reduce these risks, including enforcement of existing County and City ordinances that address hazards and floodplain regulations; updating hazards mapping regularly; and public education about flood hazards. Project developers and property owners are encouraged to implement site design and other means to avoid or reduce risks to personal property, including structures. Findings: 1 . Changes, alterations, and other measures have been incorporated into the plan, or are otherwise being implemented, which will mitigate this impact to a less than significant level, as follows: a. The City shall continue to encourage project developers to use engineering and design techniques that minimize the potential for the occurrence of inundation, including seismically induced inundation. b. The City shall continue to coordinate with the Coachella Valley Water District to monitor the structural safety of the levees around Lake 235 Cahuilla and along the Coachella Valley Stormwater Channel within the City. c. The City shall continue to coordinate with the Coachella Valley Water District to monitor the structural integrity of above -ground water tanks and reservoirs, and where needed, to implement bracing techniques to minimize potential structural damage and/or failure. d. The City shall coordinate and cooperate with the Coachella Valley Water District in the filing of FEMA applications to amend the Flood Insurance Rate Maps, as necessary. e. The City shall continue to coordinate with CVWD to assure the adequate inspection of bridge crossings for scour damage during and after significant flooding events, and shall coordinate with the appropriate state agencies to participate in the state's bridge scour inventory and evaluation program. Noise There are approximately 24 roadway segments in the Planning Area that currently experience noise levels greater than 65 dBA CNEL at 100 feet from the centerline under existing conditions. Future noise levels along roadways throughout the Planning Area are expected to increase with implementation of the General Plan Update. Approximately 55 roadway segments are expected to experience noise levels greater than 65 dBA CNEL at 100 feet from centerline in year 2035 at build out of the General Plan. The greatest increase in noise level will only cause a 1.4 dBA CNEL increase compared to the 2002 General Plan. This small increase in noise level will be barely perceptible to the human ear. Therefore, there will not be a substantial increase in future permanent noise levels as a result of the General Plan Update compared to the Existing Network. Future increases in activity associated with commercial and industrial development, including loading dock operations and noises associated with stationary equipment, will also likely increase permanent noise levels. These land uses are required to comply with exterior noise levels set forth in the City's Noise Ordinance. The City of La Quinta has adopted exterior noise standards in Section 9.100.210 of its Municipal Code, which establishes base ambient noise level limits for noise sensitive and other nonresidential zones according to time of day. Municipal Code Section 9.100.220 also provides standards for ground -borne vibrations and noises. In addition Section 6.08.050 provides limited hours for construction to alleviate construction noise. The City's exterior noise standards for various land uses are i• consistent with those set forth by the State of California in its "Land Use Compatibility for Community Environments" matrix. Findings: 1. Changes, alterations, and other measures have been incorporated into the plan, or are otherwise being implemented, which will mitigate this impact to a less than significant level, as follows: a. The City shall continue to maintain and enforce noise standards provided by the Municipal Code to ensure that noise impacts throughout the General Plan area are maintained at acceptable levels. b. The City shall continue to ensure that interior noise levels for residential development do not exceed 45 dBA by requiring that all project designs comply with Title 25 (California Noise Insulation Standards). c. Acoustical studies shall be required in conjunction with entitlement applications for sensitive receptor projects proposed adjacent to roadways shown in Table III-34. The study shall analyze noise levels within the proposed project, and include mitigation measures to assure that the exterior noise levels meet the City's standards. d. The City shall require acoustical studies for all commercial and industrial projects that are proposed adjacent to residential land uses or land use designations. The acoustical analysis shall evaluate potential noise impacts of the project and provide mitigation measures that are adequate to meet the City's noise standards for residential land uses. e. Sensitive receptors, which include schools, libraries and hospitals, shall, to the greatest extent feasible, be located away from major noise generators. f. The City shall continue to implement a planning area -wide circulation pattern that loads primary traffic onto major arterials in order to limit local roadway traffic to the greatest extent feasible and thereby preserve local neighborhood noise environments. g. The City shall evaluate and monitor noise impacts associated with the addition of new bus routes, including bus stops near noise sensitive uses, located along collector and local roads. h. The City shall evaluate and monitor noise impacts associated with new truck routes proposed throughout the Planning Area, and 287 discourage new truck routes along roadway segments near sensitive land uses. i. All fixed and mobile construction equipment operating in the Planning Area shall be equipped with properly operating and well -maintained mufflers to limit noise emissions. Stationary construction equipment shall be placed away from sensitive noise receptors. j. New construction site staging areas, stockpiling, earth moving activities, and hauling routes should be situated away from sensitive noise land uses to the greatest extent possible. k. All construction activities shall comply with the City of La Quinta Municipal Code Section 6.08.050. 1. Ground -borne vibration activities shall be conducted in compliance with the City of La Quinta Municipal Code Section 9.100.220. m. Appropriate sound barriers shall surround all commercial, industrial and public facilities located adjacent to sensitive land uses. n. Outdoor equipment such as cooling towers, air cooled condensers and refrigeration compressors and/or condenser units, as well as at air intake and discharge openings for building ventilation systems, shall be provided with silencers and/or barriers at or surrounding them, where necessary. o. Truck deliveries to commercial and industrial areas adjacent to sensitive land uses shall be limited to daylight hours, or shall provide noise mitigation measures to reduce noise impacts. Population and Housing The La Quinta General Plan Update has the potential to result in the development of up to 53,103 residential units, which could support a population of 134,352 people. Implementation of the General Plan Update is not expected to substantially induce growth within City limits. However, the proposed development within the Sphere of influence has the potential to increase the population by 80% compared with that permitted under current County land use and zoning designations. Thus, the proposed General Plan Update has the potential to result in significant impacts to population and housing from growth inducing development within the Sphere of Influence. The General Plan includes policies and programs requiring the preparation of a Master Plan to address long term growth in this area, prior to annexation to the City. Findings: 1. Changes, alterations, and other measures have been incorporated into the plan, or are otherwise being implemented, which will mitigate this impact to a less than significant level, as follows: a. A Master Plan of Development shall be prepared for the Vista Santa Rosa area. Development within this area shall be subject to policies set forth in the said Master Plan. Public Services & Utilities Public Schools New development in the planning area will occur over time, and student populations are also expected to increase gradually. CVUSD and DSUSD will continue to receive developer's impacts fees for residential, commercial and industrial development. These measures are expected to minimize impacts to CVUSD and DSUSD schools. However, schools in both districts are currently operating at or beyond capacity, and new facilities will be needed to serve the build out student population in the Planning Area. Libraries The City assesses Developer Impact Fees (DIF) on residential development for library services and facilities. Currently, fees are assessed at $355 for single-family detached units, $266 for single-family attached units, and $348 for multi -family units. These are one-time fees assessed when new units are constructed. Based on these fees, new residential development in the City limits could generate up to approximately $2.86 million in library fees; an additional $7.35 million could be generated in the Sphere. In total, new residential development in the planning area is expected to generate approximately $10.21 million in library development fees. The City's DIF schedule is reviewed on a regular basis and is likely to increase over the course of General Plan build out. These fees have been developed based on a rational nexus, and will therefore be sufficient to accommodate growth through General Plan build out. Law Enforcement and Fire Protection At build out, the City and Sphere of Influence are expected to have a total population of 134,352. Based on the Riverside County staffing ratio, the build out population would require 134 sworn police officers. This is an increase of 78 sworn officers as compared with current staffing levels, which represents a substantial additional demand for police protection and associated equipment and patrol vehicles. Increases in cost to the City could be significant. Demand will increase gradually, and revenues to the City are also expected to occur as the General Plan builds out. Demand for police protection will depend on actual development in the future. Implementation of the General Plan Update and the increase in population in the General Plan Planning Area is expected to result in an increase in demand for fire protection services. The need for additional services will be determined as the Planning Area develops; additional staff, equipment and vehicles, and fire stations will be needed. The potential cost to the City may be substantial and on -going monitoring and evaluation of the need for additional facilities and staff will be necessary throughout build out. The County Fire Department evaluates specific development proposals based on their potential to demand additional fire department facilities and staffing, It is expected that as the General Plan Area builds out, new "standards of cover" developed in association with the Department's Strategic Plan will be applied to new development. Future development will continue to be subject to Fire Department review and new fire facilities will be constructed as needed to ensure adequate provision of fire protection services in the Planning Area. The City previously considered several potential annexation proposals. These proposals included fiscal analyses relating to the availability and cost of the provision of services in the Sphere, including law enforcement and fire protection. These analyses found that in the eastern Sphere in particular, lands have been encumbered by the County as collateral for a regional bond issue. As a result, there will be no property tax generation to the City from these lands for a number of years. The fiscal analysis concluded that annexation of property in the Sphere would have a negative fiscal impact on the City. At the time of the analysis, a per unit mitigation fee was considered, but the proposed annexations did not proceed, and the mitigation program was not implemented. The costs associated with annexation to the City, however, still exist, and will remain an issue as annexation proposals occur in the future. The General Plan includes policies that require both the preparation of fiscal impact analyses for annexation proposals, and a Development Agreement in association with annexation. The Development Agreement would establish the parameters for development, and would include mitigation fee payments for projects that are fiscally negative for the City. These Development Agreements would eliminate the potential fiscal impacts to the City in providing fire protection services to newly annexed lands. 290 Electricity Estimates of annual electrical demand for General Plan build out are based on the annual usage rates shown above. These rates applied to the proposed General Plan land uses at build out will result in electrical consumption of 1,645,145,600 kilowatt-hours per year (kwh/year). Single family residential uses will account for 791,924,912 kwh/year of this amount, while multi -family uses will account for 101,224,748 kwh/year. Commercial uses will consume 716,607,636 kwh/year, and industrial development will use 35,388,304 kwh/year. Increased demand for electricity associated with implementation of the General Plan will contribute to the regional demand for electricity. The City is completing a Greenhouse Gas Reduction Plan as part of the General Plan Update. The Reduction Plan includes measures to reduce energy use. In addition, the General Plan's Sustainable Community Element includes policies for resource conservation, including energy conservation for development projects in the City. Natural Gas At build out, single-family units will use approximately 1,371,560,392 cubic feet of natural gas per year (cf/year), and multi -family units will use approximately 175,314,418 cf/year. For commercial and industrial uses, consumption will be approximately 658,912,550 cf/year and 32,539,142 cf/year, respectively. At build out, all development in the General Plan Planning Area is expected to consume approximately 2,238,326,502 cubic feet per year. A variety of factors will determine actual natural gas consumption, including future levels of development, individual project designs, and the effectiveness of energy -conserving measures. Southern California Gas Company has developed a rate structure that provides for facilities' expansion. Therefore, impacts are not expected to be significant impact and no mitigation measures are required. Domestic Water Services The proposed General Plan will result in increased water demand associated with development, such as residential, commercial, and industrial, as well as open space amenities, street rights -of -way and others. Build out of the proposed General Plan Update is expected to result in an annual water demand of 54,467 acre-feet. The General Plan will facilitate development that will cumulatively increase impacts to groundwater supplies in the region. The amount of potable groundwater in storage will also be reduced. Development in the region will occur gradually, as will impacts to groundwater supplies. As described in the Water Quality and Resources section of the EIR (III-P), the City and CVWD have implemented, and will continue 291 to implement water conservation measures (please also see Water Quality and Resources, below). Wastewater Collection and Treatment Implementation of the General Plan will facilitate development that will increase demand on existing wastewater collection and treatment facilities. It is expected that, at build out, the City of La Quinta will generate approximately 4.4 million gallons per day of wastewater. Wastewater generation in the Sphere is estimated to generate approximately 3.0 million gallons of wastewater per day at build out. Total wastewater generation in the Planning Area at build out is projected to be approximately 7.4 million gpd, which is an increase of approximately 3.1 million gallons over estimated 2010 conditions. This level of wastewater generation is substantial; however it will not exceed the combined treatment capacity at the CVWD treatment plants serving the Planning Area. As future development occurs, existing facilities may need to be expanded to build out capacity to accommodate wastewater generation. As required by General Plan policies, the City and CVWD will have an opportunity to plan for increased development, including construction of new sewer collection facilities and increased treatment capacity. Nevertheless, growth trends will need to be monitored to ensure that adequate wastewater treatment facilities are provided to serve the Planning Area. Solid Waste Management At build out, implementation of the General Plan is expected to result in approximately 53,103 dwelling units. Of these, approximately 46,866 will be single-family units, and approximately 6,236 will be multi -family units. Up to approximately 12,364,631 square feet of commercial development, which is assumed to be primarily retail uses, and 611,408 square feet of industrial development will also be constructed. Based on this level of development, approximately 139,181 tons of solid waste would be generated per year. On a daily basis, this equates to 381 tons of solid waste. There are no proposed land uses that are expected to generate large quantities of solid waste or create conditions where significant hazardous wastes are produced. Development facilitated by the General Plan will nonetheless result in increased volumes of solid waste generation. Therefore, the City and Burrtec will need to continue to monitor these levels to ensure that disposal of solid and hazardous wastes generated in the Planning is safe and cost-effective. 292 Public Transportation services Implementation of the proposed General Plan is expected to increase the demand for public transportation services. The General Plan includes policies that will assure coordination with SunLine Transit Agency for the expansion of service to meet the demand created by new development. Findings: 1. Changes, alterations, and other measures have been incorporated into the plan, or are otherwise being implemented, which will mitigate this impact to a less than significant level, as follows: a. Developers shall continue to be assessed statutory school mitigation fees for residential and commercial development. b. All new development projects shall be subject to Police Department review to assure that the Department can provide adequate police protection. c. The City shall monitor City population and Police Department staffing levels to ensure the provision of police protection services at sufficient levels. d. The City and Riverside County Fire Department shall continue to confer and coordinate to ensure that facilities and services are expanded in a timely manner. e. The City shall plan for siting of industrial facilities that store hazardous, flammable or explosive materials so as to assure the highest level of safety in strict conformance with Uniform Fire Code and other applicable codes and regulations. f. The Riverside County Fire Department shall continue to review and evaluate new development proposals and project plans to make certain that it can provide adequate fire protection. g. The City and Coachella Valley Water District shall review and evaluate all future development projects for their potential impact on local groundwater supplies. h. The City shall continue to require the use of drought tolerant landscaping in new and rehabilitated public and private development, and shall encourage its use in existing development. Future development shall be required to conform to standards set forth in Section 17921.3 of the Health and Safety Code, Title 20, California Administrative Code Section 1601(b), and applicable sections of Title 24 of the State Code. Measures set forth in these statutes include the installation of low -flow showerheads and faucets and low -flush toilets in all new construction. j. To the greatest extent practicable, the City shall require that all new development be connected to sanitary sewer service. k. The City shall ensure coordination with the Coachella Valley Water District and to assure that existing and future extended sanitary sewer facilities are adequate to meet the needs of existing and expected future development. I. The City and Coachella Valley Water District should encourage the replacement of existing septic systems with connection to sanitary sewer facilities to the greatest extent feasible. m. The City shall continue to consult and coordinate with Burrtec to sustain and exceed the provisions of AB 939 and AB 341 where possible through expanding its recycling programs and divert resources from the waste stream for return to productive use. n. Commercial and industrial establishments shall be required to comply with State mandates established under AB 341 to reduce the amount of packaging and potential waste associated with product manufacturing and sales. o. The City and Burrtec shall continue to include recycling provisions for single-family and multi -family residential dwelling units in their solid waste disposal contracts. p. Prior to the issuance of building permits, the City shall continue to refer project developers to Burrtec for development of construction and demolition solid waste recycling plans to divert a minimum of 50% of C&D debris from the waste stream. q. The City of La Quinta shall continue to coordinate with SunLine Transportation Agency to establish new bus stop locations and facilities as demands warrant. 29%+ Water Resources and Quality At build out, the proposed General Plan will result in 53,103 dwelling units, and a population of approximately 134,352 persons. New commercial, industrial, public facilities and other types of development will also occur as a result of implementation of the proposed General Plan. The proposed Land Use Plan for the General Plan would result in less overall development as compared with the previous General Plan. The build out water demands for the La Quinta Planning Area are estimated to be 54,467 acre-feet per year, consisting of 37,783 acre-feet within City limits and 16,684 acre-feet within the Sphere of Influence. There is a variety of state and regional mandates in place intended to reduce urban water consumption over the next several decades. As previously noted, new state requirements mandate a 10% reduction in per capita urban water use by year 2015, and 20% reduction by year 2020. The CVWD water efficient landscape ordinance, on which the City ordinance is based, requires that outdoor water use by new development be reduced by 25% over mandated state levels. Further, the CVWD Draft WMP requires that golf course users with access to canal or recycled water convert at least 90% of their irrigation water use to those sources by 2015. Increasing demands on water supplies in the General Plan Area require the implementation of short and long-term water conservation efforts to ensure the continued availability of this resource. Reduction in per capita consumption as well as water -efficient landscaping design and management are among the best conservation opportunities. Findings: 1. Changes, alterations, and other measures have been incorporated into the plan, or are otherwise being implemented, which will mitigate this impact to a less than significant level, as follows: a. The City shall coordinate and cooperate with CVWD to ensure City- wide compliance with State Senate Bill X 7-7 by implementing policies to reduce per capita urban water use by 10% by year 2015, and 20% reduction by year 2020, including landscaping conversion programs and the smart irrigation control program; expanding the availability of sustainable water supplies such as tertiary treated water, and encouraging its use for landscape irrigation purposes, especially for irrigating golf courses and other large landscaped areas. b. The City should review and amend its Development Standards to require all new development demonstrate a reduction of domestic 295 water consumption equivalent to the CalGreen Tier One standards in effect at the time of development. c. The City shall continue to implement its Water Efficient Landscape ordinance by requiring that City and private sector development projects implement water efficient landscaping plans to meet or exceed current water efficiency standards. d. The City shall require that new development reduce its projected water consumption over "business as usual" consumption rates. e. In conjunction with the Coachella Valley Water District as well as independently, the City shall develop programs to allow and encourage the retrofitting of existing water intensive appliances and irrigation systems in existing development. f. The City and Coachella Valley Water District shall review future development proposals that propose to convert agricultural uses to urban development to ensure that non -potable water is used for irrigation purposes, and that new irrigation systems utilize existing agricultural drainage and irrigation water delivery facilities to the greatest extent feasible. g. The City shall continue to require that all new developments use water conserving appliances and fixtures, including low -flush toilets and low - flow showerheads and faucets, as well as the application of water - conserving technologies in conformance with Section 17921.3 of the Health and Safety Code, Title 20, California Administrative Code Section 1601(b), and applicable sections of Title 24 of the State Code. h. The City shall, prior to approval of development plans, require that qualifying future development in the General Plan Area have an adopted Water Supply Assessment in compliance with AB 610 and 221. To the greatest extent practicable, the City shall require new development to connect to the community sanitary sewer system. The City shall review and amend its Development Standards and Review Procedures to ensure coordination with the Coachella Valley Water District and to assure that existing sewer service along with the extension of sewer service is capable of meeting the needs of current and future development. 296 k. To the greatest extent feasible, the City shall coordinate with the Coachella Valley Water District to encourage the elimination of septic systems where they occur within the City. E. SIGNIFICANT ENVIRONMENTAL IMPACTS WHICH CANNOT BE AVOIDED IF THE PROJECT IS IMPLEMENTED Air Quality Impacts Implementation of the General Plan Update will result in significant air quality impacts in the La Quinta Planning Area. Air pollutants will be generated from a variety of activities, including grading and construction, vehicle emissions, and daily operations. Emissions generated by vehicular traffic are projected to be the greatest source of air pollutants. The use of natural gas and electricity for operation of existing and new buildings and structures will also result in the emission of air pollutants. Construction Emissions Air quality emissions from construction activities will occur as a result of new development within the City limits and Sphere of Influence. As discussed in Section III of the EIR, emissions from construction within the City are projected to remain below established thresholds for all criteria pollutants expect for NOx and ROG. Approximately 122 pounds per day of NOx and 818 pounds per day of ROG are expected even with the implementation of mitigation measures. This is well above the 75 pound per day threshold established by SCAQMD. As such air quality emissions from NOx and ROG's during construction activities within City limits have the potential to result in significant and unavoidable impacts. Construction related air quality emissions from the development of lands within the Sphere of Influence are projected to exceed established daily thresholds for NOx and ROG, even with implementation of mitigation measures. As shown in Section III of the EIR, approximately 104 pounds per day of NOx, and 697 pounds per day of ROG have the potential to occur during construction activities. This is above the SCAQMD thresholds of 100 pounds per day for NOx, and 75 pound per day for ROG. Air quality emissions from NOx and ROG during construction activities within the Sphere of Influence have the potential to result in significant and unavoidable impacts. Air pollutant emissions from construction activities are temporary and will end once construction is complete. Nonetheless, during construction activities and assuming simultaneous construction of vacant lands within the Planning Area, the proposed General Plan Update has the potential to result in a cumulatively considerable net increase of NOx and ROG. Should construction activities in the City and Sphere occur simultaneously at the rates assumed in Section III, emissions of PM2.5 and ,V 2a1 PM10 will also exceed thresholds of significance, at 261 and 58 pounds per day, respectively. Projections of these criteria pollutants exceed established daily thresholds and have the potential to result in significant and unavoidable impacts for these criteria pollutants. Operation Emissions For operational activities associated with build out of the General Plan, air quality emissions have the potential to result in a cumulatively considerable net increase of all six criteria pollutants, including CO, NOx, SOx, PM10, PM2.5, and ROG, as well as greenhouse gas emissions. Emissions of air quality pollutants from operation include the use of electricity and natural gas, as well as area source and moving source emissions. Projections of these pollutants exceed established daily thresholds and have the potential to result in significant and unavoidable impacts. Emission from the consumption of electricity will primarily occur elsewhere, where electricity is generated. As such, the Planning Area will be indirectly impacted by these emissions. Nonetheless, the Planning Area is responsible for generating the electricity demand. While it is expected that the electricity grid mix will incorporate more renewables in future years, the use of coal and natural gas fired power plant will contribute significant emissions generated by the onsite energy demand. Natural gas generation facilities and onsite use of natural gas for cooking, heating, and other uses will result in significant impacts. Although some of these emissions may not occur within the Planning Area, as no such generating facilities exist within the planning area, the emission projections result in a considerable increase, with significant impacts. While implementation of the proposed mitigation measures and Greenhouse Gas Reduction Plan may be effective in substantially reducing emissions to levels below significance for certain sectors, emissions from moving sources will remain significant and are unavoidable. The City has varying levels of control over the avoidance of emissions. Although the EIR sets forth all feasible mitigation measures and a comprehensive Greenhouse Gas Reduction Plan has been prepared, air quality emissions may remain significant and unavoidable. Regardless of mitigation measures, development of the General Plan will contribute to cumulative air quality impacts locally and regionally. Although emissions can be mitigated to a certain degree, significant and unavoidable impacts to air quality, including greenhouse gas emissions, will occur as a result of development of the General Plan. Findings: 1 . Changes and other measures have been made in or incorporated into the plan, or are otherwise required for subsequent environmental review, which will partially mitigate to the extent feasible this significant impact, including the following: a. The City of La Quinta shall adopt and implement a comprehensive Greenhouse Gas Reduction Plan that is consistent with targeted reductions set forth by the State. b. As feasible, the newest model heavy-duty construction equipment shall be utilized for construction activities. The construction equipment fleet shall be updated to include the latest models; older equipment shall be phased out. c. To reduce fugitive dust during construction activities, trucks leaving development sites should be washed off; haul trucks should maintain 2 feet of freeboard or be covered; equipment should be properly tuned and maintained; and low sulfur fuels should be used for construction equipment. Effective fugitive dust control measures can substantially reduce emissions as shown in the Table below. Table 1 Air Quality Control Methods PM10 PM2.5 NOx Apply Soil Stabilizers to Inactive 84% Areas 84% Replace Ground Cover in Disturbed 5% Areas 5% Water Exposed Surfaces 3 Times 61 % Daily 61 % Reduce speeds on unpaved roads 44% 44% Use of aqueous diesel fuel 50% 50% 15% Use of Diesel Particulate Filter 85% 85% 15 %- Use of Diesel Oxidation Catalyst' 40% Source: Urban Emissions Model (URBEMIS2007) version 9.2.4. 1 . Emission reductions vary depending on equipment type. d. To reduce construction -related traffic congestion, developers and contractors shall configure construction parking to minimize traffic interference, provide a flag person to ensure safety at construction sites, as necessary, designate onsite travel routes to minimize impacts to nearby land uses, and schedule operations affecting roadways for off-peak hours, as practical. e. Construction equipment shall be staged in locations that minimize impacts to nearby receptors. f. La Quinta shall continue to coordinate with CVAG and SCAQMD regarding the implementation of local and regional air quality programs. g. Landscaping designs shall consider the use of trees and other vegetation to maximize the shading of buildings in order to reduce energy requirements for heating and cooling and provide carbon storage. h. Desert landscaping techniques shall be utilized, including the use of automated water efficient irrigation systems and devices. i. Smart scalping practices shall be encouraged to minimize fugitive dust emissions and reduce water demands. Building designs shall strive to exceed Title 24 requirements or achieve LEED or Energy Star standard equivalence ratings or better; buildings shall be equipped with energy efficient and water conserving appliances and fixtures; building design shall include natural lighting and ventilation; and light colored "cool" roofs and cool pavement shall be utilized. k. New buildings and substantial remodels including new roofs, should be designed to accommodate rooftop photovoltaic or above parking solar. I. Recycling and composting facilities and programs shall be readily available for all new and existing land uses and every.effort shall be made to divert the landfill waste stream. m. Utilize educational programs and demonstration gardens to inform the public and businesses of energy and water efficient techniques and sustainable practices. n. Promote the use of electric vehicles and alternative modes of transport by providing safe and convenient bicycle, scooter and other non - motorized transport travel lanes, and parking, as well as preferential plug-in stations for electric vehicle parking. o. In designing and expanding travel corridors provide for pedestrian and bicycle paths that interconnect to commercial, recreational, and institutional land uses. ,U 0 p. Assure all new development has safe and convenient access to public transit routes that include seated, shaded bus stop areas. q. Incorporate recreational open space adjacent to or as part of residential land uses. r. Expand and coordinate a Valley wide signal synchronization system within city limits and adjacent jurisdictions. s. Work with CVAG, SCAG and regional transit authorities to work towards more efficient, region wide travel options. 2. Most significant environmental effects that can feasibly be avoided have been substantially reduced by virtue of mitigation measures in the Final EIR or otherwise incorporated into the plan as described in "1 " above. 3. The remaining unavoidable significant effects are acceptable when balanced against the facts set forth in the Statement of Overriding Considerations, giving greater weight to the remaining unavoidable significant effect. Traffic Impacts The consequences of General Plan build out have been evaluated for the 63 major roadway segments and 37 intersections. Based on this analysis, the proposed General Plan is projected to generate a total of approximately 635,905 average daily trips. Of these, 449,489 ADT would be generated within the City's corporate limits and 186,416 would be generated in the Sphere of Influence. Within the City's corporate limits, the proposed Land Use Plan will generate about 3.6% more traffic than build out of the 2002 General Plan. Within the City's Sphere, the proposed Land Use Plan will generate about 34% more traffic than the analysis for the 2002 General Plan anticipated, due primarily to changes in modeling techniques and land uses surrounding the Sphere. The majority of the roadway segments are forecast to operate at acceptable levels of service (V/C ratios less than or equal to 0.90 or LOS D or better). Three segments are projected to operate at LOS E and three at LOD F at 2035 build out. • Washington Street segments between Avenue 42 and Miles Avenue and between Highway 111 and Eisenhower Drive (6-lane Major Arterial) are forecast to exceed theoretical maximum carrying capacity by up to 3,000 VPD with the most problematic segment between Fred Waring Drive and Miles Avenue. LOS D service volumes are exceeded by over 9,000 VPD. .IV. 301 • Madison Street between Avenue 54 and Airport Boulevard (4-lane Primary Arterial) is forecast to exceed theoretical maximum carrying capacity by approximately 4,900 VPD. LOS D service volumes are exceeded by over 9,000 VPD. • Harrison Street between Airport Boulevard and Avenue 58 (8-lane Augmented Major) is forecast to exceed theoretical maximum carrying capacity by approximately 3,800 VPD. Although the capacity of Harrison Street was assumed to be that of an Augmented Major Road (76,000 vehicles per day), it would likely operate as an Expressway due to limited accessibility compared to an Augmented Major Road, thus carrying a larger capacity. Prior study by the County raised the potential of grade -separated intersections to further enhance capacity. Of the 37 intersections analyzed, the following four are not expected to be able to accommodate all the required build out improvements and therefore have the potential to be operating at unacceptable levels of service by 2035 General Plan build out: • Washington Street @ Fred Waring Drive; • Adams Street @ Miles Avenue; • Jefferson Street @ Highway 111; • Madison Street @ Avenue 50. It should also be noted that three of the four impacted intersections are shared between more than one jurisdiction. For instance, the Washington Street/Fred Waring Drive intersection is located within the corporate boundaries of the cities of La Quinta, Palm Desert and Indian Wells. In these cases, close and on -going coordination between cities will be necessary to provide optimum intersection improvements and to otherwise address forecast operational deficiencies. However, even with the implementation of feasible mitigation measures, impacts will be significant and unavoidable. Findings. 1 . Changes and other measures have been made in or incorporated into the plan, or are otherwise required for subsequent environmental review, which will partially mitigate to the extent feasible this significant impact, including the following: a. Transportation Demand Management: To the greatest extent practicable, the City will implement TDM strategies in both land use and transportation planning. TOM programs are designed to put more person trips into fewer vehicles, by increasing vehicle occupancy or 302 car-pooling, vanpools, and transit ridership. TDM is also integral to integrated land management consistent with SIB 375 and also includes planning efforts that increase the use of bicycling, golf carts and neighborhood electric vehicles (NEVs), as well as increased pedestrian modes of travel. The effectiveness of TDM strategies depends on their levels of application. b. Transportation Systems Management: To the greatest extent practicable, the City will implement TSM strategies in transportation planning. TSM programs and projects are designed to support travelers with real time travel information so that they can make smart travel choices in selection of time, mode and routes of travel. TSM projects can also offer Intelligent Transportation Systems (ITS) projects for the most efficient traffic signal coordination and for informing motorists of routes around traffic congestion that may result from special events and traffic incidents. TSM programs are very effective when integrated into planned major events, such as scheduled music and art festivals, golf or tennis matches, and other special events that generate significant amounts of event traffic. c. Commit to ongoing funding and operations of intelligent transportation systems management, as described above, to: i. Deliver traffic signal coordination along corridors in "real time" to optimize the progression of vehicles at the most efficient travel speeds; ii. Operate Transit Signal Priority at signals along major transit routes to optimize traffic flow; iii. Operate Dynamic Message Signs to route traffic around congestion/to available parking during peak periods and planned events. d. Continue with the City's established minimum driveway spacing and access restrictions; e. Construct median islands with minimum opening spacing; and/or; f. Add bus turnouts at bus stops along major transit routes. g. Washington Street Roadway Segment Deficiencies: The application of Transportation Demand Management (TDM) and Transportation Systems Management (TSM) strategies will effectively reduce peak hour traffic volumes along this segment, but it may still operate at 3 01 S unacceptable levels of service (LOS E or F) during peak hour upon General Plan build out. Therefore, potential impacts may not be fully mitigated below levels of significance. h. Madison Street Roadway Segment Deficiency: The General Plan traffic analysis identified a segment deficiency on Madison Street between Airport Boulevard (Ave 56) and Avenue 54. There is some question whether this level of impacts will actually occur. Nonetheless, mitigation measures include the application of TDM and TSM strategies to reduce peak hour traffic volumes along this segment. It may still operate at unacceptable levels of service (LOS E or F) during peak hour upon General Plan build out. Therefore, potential impacts may not be fully mitigated below levels of significance. Harrison Street Roadway Segment Deficiency: As an 8-lane Augmented Major Arterial, Harrison Street between Airport Boulevard (Ave 56) and Avenue 58 is forecast to exceed theoretical maximum carrying capacity by approximately 3,800 VPD. Harrison Street is assumed to function as an Augmented Major Road (76,000 vehicles per day), and would likely operate as an Expressway .due to limited accessibility. Application of TDM and TSM strategies will help reduce peak hour traffic volumes along this segment but it may still operate at unacceptable levels of service (LOS E or F) during peak hour upon General Plan build out. Therefore, potential impacts may not be fully mitigated below levels of significance. j. Washington Street @ Fred Waring Drive: Two approaches to achieving acceptable intersection operations may be combinations of 1) street widening, and 2) TSM/TDM measures. The application of TSM/TDM will depend on the extent of widening that is determined to be feasible, as presented below: Intersection Widening 1. City of La Quinta jurisdiction widening could add a third northbound left -turn lane and a fourth northbound through lane. This would improve AM peak hour conditions to LOS E. The PM peak hour conditions would remain at LOS F but the average intersection delay would be reduced by 38 seconds per signal cycle. 2. Coordinate with the City of Palm Desert to consider the potential for improvements in the northwest intersection quadrant, specifically the adding of a fourth southbound through lane, a fourth westbound through lane, and a westbound right- r. 3;04 turn overlap phase. With construction of these added to the widening recommended in the City of La Quinta, PM peak hour conditions would remain at LOS F but the average intersection delay would be reduced by an additional 20 seconds. The City of Palm Desert General Plan (2004) does not call for these improvements, but does call for consideration of a third northbound left -turn lane in the City of Indian Wells, which is consistent with improvements in the City of La Quinta identified above. The City of Palm Desert should be encouraged to continue to coordinate with the City of Indian Wells for construction of an eastbound free -right turn lane. 3. Coordinate with the City of Indian Wells to consider improvements in the southwest intersection quadrant, specifically the adding of a fourth eastbound through lane and a second eastbound right -turn lane with a right -turn overlap phase. With construction of the two City of Indian Wells improvement -impacting lanes, but not assuming improvements in the City of Palm Desert, PM peak hour conditions would remain at LOS F but the average intersection delay would be reduced by an additional 26 seconds. 4. If the recommended improvements in the Cities of La Quinta, Palm Desert, and Indian Wells are all implemented, the PM peak hour conditions would be improved to LOS D operations. 5. Implement TSM/TDM measures for trip rerouting, in addition to some of the above listed improvements that are determined feasible. a. Design and implement an Intelligent Transportation Systems (ITS) Master Plan in coordination with the cities of Palm Desert and Indian Wells, and in coordination with the Indian Wells Tennis Event Center. An ITS Plan would enable dynamic route reassignment of traffic around congestion and direct traffic to available parking through the use of Dynamic Message Signs and adaptive traffic signal control. The Plan would deliver the best access to events for attendees, and around event traffic for residents that are not attending the events. • To achieve non-event LOS E operations, and to minimize the level of impacts experienced at nearby intersections, approximately 200 northbound left -turning vehicles would need to be diverted, approximately 100 southbound left - turning vehicles would need to be diverted, and approximately 100 southbound through movement vehicles would need to be diverted. Assuming these trip diversions, the necessary roadway widening 305 improvements would be reduced to the addition of the third northbound left -turn lane (City of La Quinta), the second eastbound right -turn lane with a right -turn overlap phase (City of Indian Wells), and a fourth westbound through lane (Cities of La Quinta and Palm Desert). Therefore, the 4" northbound through lane, 4" southbound through lane, 41" eastbound through lane, and westbound right -turn overlap phase, recommended previously, would no longer be necessary. In order to achieve non-event LOS D operations, assuming the same approximate ranges of trip diversion shown above, the addition of the fourth eastbound through lane, the westbound right -turn overlap phase, and third eastbound left -turn lane would be required. Therefore, the 4`" northbound through lane and 41" southbound through lane, recommended previously, would continue to no longer be necessary. k. Adams Street @ Miles Avenue: Add a dedicated westbound right - turn lane, converting the number two through lane to a through only lane. Implementation of this improvement alone will achieve LOS E operations in the PM peak hour. Consider adding a dedicated northbound right -turn lane, converting the number two through lane to a through only lane order to achieve LOS D operations. This could impact three to four residential property yards and require relocation of power poles. This measure may not be feasible. k. Jefferson Street @ Highway 111: Coordinate with the City of Indio in optimizing future intersection improvements. To the extent practicable, add a fourth northbound through lane. Add a fourth southbound through lane. Add a third southbound left -turn lane. While the prescribed third southbound left -turn lane may be feasible, the fourth north and southbound through lanes do not appear to be. Intersection operations will benefit from TSM programs and overall TDM efforts. I. Madison Street @ Avenue 50: — Add a third northbound through lane and a dedicated right -turn lane, converting the new number three through lane to a through only lane. Add a dedicated southbound right -turn lane, converting the new number two through lanes to a through only lane. Add a westbound dedicated right -turn lane with a right -turn overlap phase, converting the new number two through lane to a through only lane. Management prescriptions include coordinating with the City of Indio to signalize this intersection. It should be noted 306 that the City of Indio plans to maintain the planned four -lane roadway segment on Madison Street between Avenue 50 and 48. Therefore, further analysis and the application of TDM and TSM strategies are warranted. 2. Most significant environmental effects that can feasibly be avoided have been substantially reduced by virtue of mitigation measures in the Final EIR or otherwise incorporated into the plan as described in "1" above. 3. The remaining unavoidable significant effects are acceptable when balanced against the facts set forth in the Statement of Overriding Considerations, giving greater weight to the remaining unavoidable significant effect, and in view of the following fact: a. Impacts identified from the proposed General Plan are considered significant on a cumulative basis in association with other projects occurring on a local and regional scale. 3 ,1 RESOLUTION 2013- EXHIBIT "B" STATEMENT OF OVERRIDING CONSIDERATIONS The City of La Quinta hereby adopts and makes this statement of overriding considerations concerning the General Plan's unavoidable significant impacts to explain why the project's benefits override and outweigh its unavoidable impacts. CEQA requires the decision -making agency to balance the economic, legal, social, . technological or other benefits of a project against its unavoidable environmental risks when determining whether to approve the project. If the benefits of the project outweigh the unavoidable adverse effects, those effects may be considered acceptable. CEQA requires the agency to provide written findings supporting the specific reasons for considering a project acceptable when significant impacts are unavoidable. Such reasons must be based on substantial evidence in the EIR or elsewhere in the administrative record. Those reasons are provided in this Statement of Overriding Considerations. The City finds that this project will create substantial benefits including enhancing the quality of life necessary to attract new residents, businesses and visitors to the City. The City finds that the project's unavoidable impacts are acceptable in light of these and other project benefits. Each benefit set forth below constitutes an overriding consideration warranting approval of the project, independent of other benefits, despite each and every unavoidable impact. Each overriding consideration identified below applies independently to each unavoidable impact. 1. Adoption of the General Plan update will provide the City with a comprehensive and cohesive statement of goals, policies, and programs upon which decisions relating to the City's current and anticipated land use needs shall be based. 2. The orderly and coordinated expansion of public services and facilities, as provided for by the proposed General Plan update, will provide for improved public health, safety and welfare and will help avoid the undesirable impacts of uncontrolled, noncontiguous development. 3. Impacts identified as significant are generally associated with normal growth and progress and would be much more severe without implementation of the proposed General Plan update. 4. Implementation of the General Plan update will further enhance the quality of life necessary to attract new residents, businesses and visitors to the City, and will generally promote increased investment and development, jobs 3: associated with new and/or expanded construction, and the provision of public services and facilities for a larger population base, and further economic development within the City. V9 RESOLUTION 2013- EXHIBIT "C" Mitigation Monitoring and Reporting Program 310 Terra Nova/La Quinta General Plan EIR Mitigation Monitoring Program LA QUINTA GENERAL PLAN MITIGATION MONITORING PROGRAM INTRODUCTION This Mitigation Monitoring and Reporting Program (MMRP) fulfills the requirements of California Public Resources Code Section 21081.6 and State CEQA Guidelines Section 15097. As stated in Public Resources Code Section 21081.6(a)(1): The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of a responsible agency or a public agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the lead agency or a responsible agency, prepare and submit a proposed reporting or monitoring program. The primary purpose of the MMRP is to ensure that the mitigation measures identified in the Final Environmental Report (EIR) are implemented to reduce or avoid identified environmental effects, and to appropriately assign mitigation responsibilities associated with the implementation of the General Plan. For each adopted mitigation measure, the MMRP identifies the following: • Required action; • When the action is required to be taken; • Agency or entity responsible for the action; • Agency responsible for tracking the action; • Submittal date; • Person verifying implementation; • Attachments required to verify implementation; and, • Comments made by verifying personnel. Terra Nova/La Quinta General Plan EIR Mitigation Monitoring Program The City has the primary responsibility for ensuring that the mitigation measures are implemented. When the General Plan is implemented, the pertinent mitigation measures will be included in the conditions of approval for the implementing projects. The Planning Director will be responsible for ensuring implementation of these mitigation measures. MITIGATION MONITORING AND REPORTING PROGRAM PROCEDURES The City's Planning Department will track and document compliance with the Project's mitigation measures, note any problems that may result, and take appropriate action to remedy problems. Specific responsibilities of the Planning Department are listed below: • Coordination of all mitigation monitoring activities; • Management of the preparation, approval and filing of monitoring or permit compliance reports; • Maintenance of records concerning the status of all approved mitigation measures; • Coordination with other agencies regarding compliance with mitigation or permit requirements; • Reviewing and recommending acceptance and certification of implementation documentation; and, • Acting as a contact for interested parties. 2 3012 Terra Nova/La Quinta General Plan EIR Mitigation Monitoring Program A. Aesthetics Impacts associated with aesthetics are expected to be less than significant, and no mitigation measures or monitoring programs are required. B. Agricultural Resources A. New development proposals shall be reviewed by the Planning Department to assure that master planning and development proposals provide buffering between agricultural lands and urban land uses. Responsible Parties: Planning Department, Developers, Affected Landowners. B. Work with the Department of Conservation and the Farmland Mapping and Monitoring Program to update the Riverside County Important Farmlands Map to reflect new urban development and available farmland with General Plan Update Planning Area. Responsible Parties: Planning Department, Department of Conservation, County of Riverside C. Air Quality and Greenhouse Gases A. Building and landscape plans shall be reviewed for energy efficiency and soil stabilization. Landscapers and landscape -related businesses shall be required to show proof of completion of the CVAG Landscaper Certification Source. Responsible Parties: Public Works, Engineering, Planning, and Building Departments. B. A report of air quality complaints and identified problems shall be provided in the annual review of the General Plan. Responsible Parties: Public Works, Code Compliance and Planning Departments, and SCAQMD. C. A report of emission reductions achieved shall be provided in the annual review of the General Plan. Responsible Parties: Planning Department and SCAQMD. D. The City shall conduct review and prepare conditions of approval for all grading and development permits, as well as required dust control plans to assure that appropriate methods and technologies are in place to minimize the emissions of pollutants from the development activities. Responsible Parties: Public Works, Engineering, Planning, and Building Departments. 3 1v Terra Nova/La Quinta General Plan EIR Mitigation Monitoring Program D. Biological Resources A. The City shall review the potential impacts of development projects on biological resources through the Initial Study review process. Where appropriate, impacts shall be clearly documented and mitigation measures recommended. Responsible Parties: Planning Department, Project Developer, Consulting Biologist. B. Prior to the issuance of occupancy permits, the City shall require that all applicable biological resource mitigation actions, including payment of Coachella Valley Multiple Species Habitat Conservation Plan mitigation fees by applicable projects, and compliance with applicable state and federal regulatory permits, shall be satisfied. Responsible Parties: Planning Department, Consulting Biologist, California Department of Fish and Game, California Regional Water Quality Control Board, U.S. Army Corps of Engineers, Project Developer. C. On an annual basis, City staff shall evaluate biological resources reference materials and update City records and inventories to ensure that resource databases are maintained in a timely and adequate manner. Responsible Parties: Planning Department, Project Developer, Consulting Biologist. D. During grading, construction and other development activities, development projects shall be monitored to ensure that grading limits are observed and that native and other appropriate landscape materials are preserved and integrated into all areas of the project in accordance with approved landscape plans. Responsible Parties: Planning Department, Project Developer, Consulting Biologist. E. Cultural Resources A. The Planning Department shall review site -specific historic, archaeological, and paleontological surveys prepared for new development projects in sensitive areas prior to entitlement of new development projects. Responsible Party: Planning Department, Project Developer, Consulting Archaeologist/Paleontologist. 314 Terra Nova/La Quinta General Plan EIR Mitigation Monitoring Program F. Geoloey and Soils A. During site preparation for any project, the City Engineer and/or Building and Safety Department staff shall visit the site to assure compliance with applicable conditions of approval, City ordinances, and erosion control plans. Responsible Parties: City Engineer/Public Works, Building and Safety Department, Project Developer, Grading Contractor B. Subsequent to preparation of final development plans and specifications and prior to grading and construction, the Geotechnical Consultant and/or the City Engineer shall review foundation plans to confirm compatibility with site -specific geotechnical conditions and conformance with the recommendations contained herein. The need for additional subsurface exploration shall be determined on a project -by -project basis. Responsible Parties: City Engineer/Public Works, Building and Safety Department, Geotechnical Consultant C. Rough grading shall be performed under geological and/or engineering observation by the Geotechnical Consultant and the City Engineer, accordingly, as appropriate. Responsible Parties: City Engineer/Public Works, Geotechnical Consultant G. Hazards and Hazardous Materials A. Development plans and permits for uses that use, transport, and/or store hazardous materials shall be submitted, reviewed, and regulated by proper agencies. Responsible Parties: Riverside County Fire Department, Riverside County Department of Environmental Health, Planning Department, California Certified Unified Program Agencies, California Highway Patrol, Caltrans H. Hvdrolo¢y A. The City Engineer shall report to the City Council on a regular basis to ensure that local drainage plans are updated and drainage control projects are implemented. Reports shall include information regarding the status of regional drainage facilities affecting flood control in the City. Responsible Parties: City Engineer/Public Works, City Council, Coachella Valley Water District B. Prior to issuance of building permits, the City shall review and approve project -specific hydrology and hydraulic studies, Water Quality Management Plans and mitigation plans for development proposals, and shall ensure they are adequate with regard to stormwater management, on -site retention, best management practices and pollution control. 15 Terra Nova/La Quinta General Plan EIR Mitigation Monitoring Program Responsible Parties: City Engineer/Public Works, Project Developer I. Land Use and Planning No mitigation or monitoring is required. J. Mineral Resources None required. K. Noise A. The City shall periodically review land -use patterns and the community noise environment, and amend the Land Use map as appropriate to ensure reasonable land use/noise compatibility. Responsible Parties: Planning Department B. The Planning Department shall review acoustical analyses for new sensitive receptor projects located adjacent to major roadways, and commercial and industrial project located to sensitive receptors. Responsible Party: Planning Department C. The City shall work with SunLine Transit Agency to locate future bus stops and routes to ensure noise impacts to sensitive receptors are minimized. Responsible Party: Planning Department, SunLine Transit Agency L. Population and Housing A. New development proposed for the Sphere of Influence will be reviewed for consistency with the Master Plan of Development. Responsible Parties: Planning Department M. Public Services & Utilities Schools A. The City shall continue to coordinate with the Coachella Valley Unified School District and Desert Sands Unified School District to assure that statuary developer impact fees are collected. Responsible Party: Planning Department 316 rl Terra Nova/La Quinta General Plan EIR Mitigation Monitoring Program Libraries No mitigation or monitoring required. Law Enforcement A. On an annual basis, the City shall evaluate response times and police activity to assure adequate protection. Responsible Parties: City Manager, Police Department Fire Protection A. Riverside County Fire Department shall review all development plans prior to issuance of building permits to ensure that development complies with City and Fire Department standards. Responsible Parties: Planning Department, Riverside County Fire Department Electricity No mitigation or monitoring required. Natural Gas No mitigation or monitoring required. Domestic Water Services A. All development proposals shall be reviewed by the Planning Department and the City Engineer for their potential to result in adverse impacts to water quality and quantity. The City shall require that any potential significant impacts be mitigated prior to project approval. Responsible Parties: Planning Department, City Engineer/Public Works, Coachella Valley Water District Wastewater Collection and Treatment A. The City Planning and Public Works Departments shall confer and consult with Coachella Valley Water District to implement City-wide wastewater collection and treatment facilities and service. Responsible Parties: Planning Department, Public Works Department, Coachella Valley Water District 7 317 Terra Nova/La Quinta General Plan EIR Mitigation Monitoring Program B. All development proposals for future development shall be reviewed by the Planning and Public Works Departments to ensure connection with sanitary sewer services. Responsible Parties: Planning Department, Public Works Department, Coachella Valley Water District Solid Waste Management A. Prior to the issuance of building permits, the City Planning and Building and Safety Departments shall review project development plans and confer and coordinate with project developers to assure the provision and maintenance of recycling containers that correspond with current City programs and those planned in the future, including those for construction and demolition solid waste. Responsible Parties: Planning Department, Building and Safety Department, Burrtec Waste and Recycling Services, LLC. Public Transportation Services No monitoring required. N. Recreational Resources No mitigation or monitoring required. O. Transportation/Traffic A. The City shall review and update the master plan of roads, including standards for ultimate rights -of -way and pavement width, and update Capital Improvement Programs (CIP) to ensure the timely securing of rights -of -way and construction of improvements consistent with the projected needs and standards set forth in the Circulation Element and Program EIR. Responsible Parties: City Council, Planning Department, Public Works Department B. The City shall establish and maintain ongoing consultation and coordination with planning and engineering staffs of adjoining cities and transportation planning agencies to study and implement effective means of preserving and improving capacity along major roadways. Coordination efforts may include synchronized signalization, consolidation of access drives and restriction of access, construction of additional travel and turning lanes, raised median islands, and improvements to critical intersections. Responsible Parties: Public Works Department, Planning Department, Adjoining Cities, CVAG, Riverside County, Caltrans 8 Terra Nova/La Quinta General Plan EIR Mitigation Monitoring Program C. The City shall periodically evaluate the operating conditions at each of the constrained intersections, and shall make recommendations to responsible agencies regarding needed improvements. Responsible Parties: Public Works Department, Planning Department, Caltrans, Riverside County, CVAG D. The City shall pro -actively consult and coordinate with CVAG, SCAG and Caltrans and represent the City in transportation planning meetings to assure that City policies, programs and strategies are given full consideration in resolving regional transportation issues affecting the community. Responsible Parties: City Council, Planning Department, Public Works Department, CVAG, SCAG, Caltrans E. The City shall continue to pro -actively promote the mass transit system expansion and innovation through ongoing consultation and coordination with the SunLine Transit Agency and CVAG. Responsible Parties: City Council, Planning Department, Public Works Department, SunLine Transit Agency, CVAG F. The City shall continue to consult and coordinate with the SunLine Transit Agency and encourage the development of rideshare and other alternative, high occupancy transit programs for employers with sufficient numbers of employees, and for individuals seeking to locate potential rideshare partners. Responsible Parties: City Council, Planning Department, SunLine Transit Agency G. The City shall monitor the effectiveness of land use planning proposals that integrate a mix of land uses, optimizes nearby interactions, reduce the need for travel outside the neighborhood, and shorten trips to work, shopping, public services and public park facilities. Responsible Parties: Planning Department, Redevelopment Agency H. The City shall monitor the effectiveness of its master plan of bicycle -ways, golf cart/NEV routes and multi -use paths, including secure bicycle and golf cart/NEV storage facilities, and other support facilities which increase bicycle and golf cart use. Responsible Parties: Planning Department, Public Works Department I. The City shall periodically review roadway design specifications, design standards and guidelines for public and private streets, and their effectiveness at meeting existing and 319 Terra Nova/La Quinta General Plan E[R Mitigation Monitoring Program anticipated demand, reducing traffic speeds in neighborhoods, and facilitating safe and efficient use of bicycles and other alternative modes of transportation. Responsible Parties: Planning Department, Public Works Department, Planning Commission, City Council P. Water Resources & Quality A. The Planning Department and the City Engineer shall review all development proposals to evaluate their potential for adverse impacts on water quality and quantity, and shall require all development to mitigate any significant adverse impacts. Responsible Parties: Planning Department, City Engineer, Coachella Valley Water District, Project Developer B. The City shall continue to coordinate and cooperate with the Coachella Valley Water District to ensure that the groundwater aquifer is protected from excessive extraction. Responsible Parties: Planning Department, City Engineer, Coachella Valley Water District 3 2"0 RESOLUTION 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ADOPTING THE GREENHOUSE GAS INVENTORY AND REDUCTION PLAN WHEREAS, actions taken by local governments to reduce greenhouse gas emissions and increase energy efficiency provide multiple local benefits by improving air quality and public health, reducing energy expenditures, and saving money for the local government, its businesses, and its residents; and WHEREAS, local governments greatly influence the community.'s energy usage through their actions concerning land use, transportation, construction, waste management, energy supply, and energy management; and WHEREAS, The Global Warming Solutions Act of 2006, also known as AB 32, requires that all cities prepare an inventory of greenhouse gases and adopt a plan to establish reduction targets to reduce greenhouse gas emissions; and WHEREAS, the City of La Quinta has prepared a Greenhouse Gas Inventory and Reduction Plan in accord with the requirements of AB 32 and in conjunction with the General Plan Update and Environmental Impact Report; and WHEREAS, said Greenhouse Gas Inventory and Reduction Plan has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63) in that the La Quinta Planning Department has prepared an Environmental Impact Report SCH #20101 11094 ("EIR") that the City has certified; and WHEREAS, the Planning Commission of the City of La Quinta, California, held a public hearing to review and consider the proposed Greenhouse Gas Inventory and Reduction Plan and did make findings to support a recommendation of approval of the Greenhouse Gas Inventory and Reduction Plan to the City Council during their public hearing on the 11`h of September, 2012; and WHEREAS, the Planning Department published a city-wide public hearing notice in The Desert Sun newspaper on December 71h, 2012, as prescribed by the Municipal Code. Public hearing notices were also posted on conspicuous bulletin boards at City Hall, on the City of La Quinta's website, at the Village Post Office, and at the 1 1 1 La Quinta Shopping Center; and WHEREAS, the City Council of the City of La Quinta, California did, on the 18`h day of December, 2012, hold a duly noticed Public Hearing to review and consider the proposed Greenhouse Gas Inventory and Reduction Plan, upon hearing 321 Resolution 2013- Greenhouse Gas Inventory and Reduction Plan Adopted February 19, 2013 Page 2 of 4 and considering all testimony and arguments, the City Council of the City of La Quinta, California, continued the item with direction to staff for further review and potential revisions; and WHEREAS, the Planning Department published a city-wide public hearing notice in The Desert Sun newspaper on February 1st, 2013, as prescribed by the Municipal Code. Public hearing notices were also posted on conspicuous bulletin boards at City Hall, on the City of La Quinta's website, at the Village Post Office, and at the 1 1 1 La Quinta Shopping Center; and WHEREAS, the City Council of the City of La Quinta, California did, on the 19th day of February, 2013, hold a duly noticed Public Hearing to review and consider the proposed Greenhouse Gas Inventory and Reduction Plan; 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 of the City .of La Quinta, California, did make the following mandatory findings recommending approval of said Greenhouse Gas Inventory and Reduction Plan: 1. The Greenhouse Gas Inventory and Reduction Plan is consistent with Executive Order S-03-05, as it estimates 1990 and current Greenhouse Gas emission levels and sets reduction measures to meet the required targets. 2. The Greenhouse Gas Inventory and Reduction Plan is consistent with the requirements of Assembly Bill 32, in that it establishes policies and programs intended to reduce emissions to the required levels and implements evaluation and reporting of city-wide Greenhouse Gas emissions every three years. 3. The Greenhouse Gas Inventory and Reduction Plan is consistent with Senate Bill 375, as it complements the Sustainable Community Element in the General Plan and includes sustainable community strategies which will reduce GHG emissions through the implementation of appropriate housing, transit, and transportation policies. 4. The Greenhouse Gas Inventory and Reduction Plan is internally consistent with the goals and policies of all elements of the General Plan, in that it was prepared as a strategic action plan which complement the goals policies and programs of the General Plan Update. 322 Resolution 2013- Greenhouse Gas Inventory and Reduction Plan Adopted February 19, 2013 Page 3 of 4 5. The Greenhouse Gas Inventory and Reduction Plan will not be detrimental to the public health, safety, convenience, or welfare of the City in so far as it will have a beneficial effect on air quality and public health by encouraging policies which will reduce traffic and emissions. 6. The Greenhouse Gas Inventory and Reduction Plan is in conformance with the California Environmental Quality Act in that the City has certified an Environmental Impact Report SCH #2010111094 ("EIR") which was prepared in conjunction with the Greenhouse Gas Inventory and Reduction Plan and the General Plan Update. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case. 2. That the City Council has read and considering the information in the Final Environmental Impact Report and has also considered the additional comments received during the hearing on this matter. 3. That the City Council does hereby approve the Greenhouse Gas Inventory and Reduction Plan, as identified in "Exhibit A" attached with 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 191h day of February, 2013, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: 3?03 Resolution 2013- Greenhouse Gas Inventory and Reduction Plan Adopted February 19, 2013 Page 4 of 4 DON ADOLPH, Mayor City of La Quinta California ATTEST: SUSAN MAYSELS, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California ,k . 324 RESOLUTION 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 2010-112, THE LA QUNTA GENERAL PLAN UPDATE CASE NO.: GENERAL PLAN AMENDMENT 2010-121 APPLICANT: CITY OF LA QUINTA WHEREAS, the City of La Quinta's current General Plan was last updated in March of 2002; and WHEREAS, pursuant to the laws of the State of California, the City of La Quinta has undertaken a periodic, comprehensive review to update its General Plan looking out to the year 2035; and WHEREAS, a Greenhouse Gas Inventory and Reduction Plan has been prepared in conjunction with the General Plan Update pursuant to California Health and Safety Code Section 38550 at. seq.; and WHEREAS, the current Housing Element of the General Plan, adopted in August 2011, is subject to periodic updates under separate provisions of State law, and is therefore not affected by this comprehensive General Plan Update, and will remain in its current form until its next update under applicable State law; and WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 11`h day of September, 2012, hold a duly noticed Public Hearing for review of the Environmental Impact Report (EIR), Greenhouse Gas Inventory and Reduction Plan, and the comprehensive General Plan Update, recommending adoption to the City Council by a 5-0 vote under Resolution 2012- 015; and WHEREAS, the Planning Department published a city-wide public hearing notice in The Desert Sun newspaper on December 7`h, 2012, as prescribed by the Municipal Code. Public hearing notices were also posted on conspicuous bulletin boards at City Hall, on the City of La Quinta's website, at the Village Post Office, and at the 111 La Quinta Shopping Center; and WHEREAS, the City Council of the City of La Quinta, California did, on the 18`h day of December 2012, hold a duly noticed Public Hearing for review of a comprehensive update to the La Quinta General Plan, upon hearing and considering all testimony and arguments, the City Council of the City of La Quinta continued the item with direction to staff for further review and potential revisions; and 325 Resolution 2013- General Plan Update GPA 10-121 February 19, 2013 WHEREAS, the Planning Department published a city-wide public hearing notice in The Desert Sun newspaper on February 15t, 2013, as prescribed by the Municipal Code. Public hearing notices were also posted on conspicuous bulletin boards at City Hall, on the City of La Quinta's website, at the Village Post Office, and at the 1 1 1 La Quinta Shopping Center; and WHEREAS, the City Council of the City of La Quinta, California did, on the 19th day of February 2013 hold a duly noticed Public Hearing for review of a comprehensive update to the La Quinta General Plan; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings approving said update to the General Plan: 1. The Elements of the General Plan are internally consistent and reflect updated statistics and information regarding the City of La Quinta's current conditions and anticipated future growth. The Elements reflect the community's expressions of quality of life and community values and guides future growth in line with those values. 2. The update to the General Plan will not negatively impact the public welfare, insofar as policies and programs address Geologic Hazards, Noise, Air Quality, Flooding and Hydrology, and other environmental and manmade hazards to reduce these hazards for the residents and businesses of the community. 3. The General Plan Update includes goals, policies, and programs that provide substantial protection of the City of La Quinta's important natural resources, public health and welfare, quality of life, and property rights. 4. The update to the General Plan is compatible with the historic and anticipated land use patterns in the City, and will continue to support the orderly and responsible development of the City in the future. 5. The land uses proposed on the Land Use Map are suitable for the lands on which they are proposed, insofar as the majority of the City's developable lands are generally flat, and those lands with significant slope are proposed for preservation as Open Space. 3?6 Resolution 2013- General Plan Update GPA 10-121 February 19, 2013 6. The General Plan Update contains a Circulation Element which has been prepared in coordination with adjacent municipalities and agencies and contains policies and programs which will continue to support an orderly transportation infrastructure for all users with the best feasible level of service. 7. The continued development of the City requires the continued monitoring and analysis of current conditions, and this General Plan update reflects these conditions and accommodates changes in development patterns which have occurred since 2002. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case. 2. That the City Council has read and considering the information in the Final Environmental Impact Report and has also considered the additional comments received during the hearing on this matter. 3. That it does hereby require compliance with the mitigation measures required in the Environmental Impact Report (SCH#201011 1094). 3. That grammatical, clarification, and typographic error corrections may be made by staff to the General Plan as necessary. 4. The City Clerk is hereby designated as the custodian of all General Plan records, documents and other materials which constitute the record of proceedings upon which the Council's decision is based. These documents are available for public viewing and are located at La Quinta City Hall, 78- 495 Calle Tampico, La Quinta, California. 5. That it does adopt the Comprehensive General Plan Update for the reasons set forth in this Resolution. PASSED, APPROVED and ADOPTED at a meeting of the La Quinta City Council, held on this 19`" day of February, 2013, by the following vote, to wit: AYES: 327 Resolution 2013- General Plan Update GPA 10-121 February 19, 2013 NOES: ABSENT: F-11 I ki F DON ADOLPH, Mayor City of La Quinta, California ATTEST: SUSAN MAYSELS, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 3?� ATTACHMENT # 1 T4hf ot 4 a" CITY SA / HA / FA MEETING DATE: December 18, 2012 ITEM TITLE: Public Hearing to Consider Resolutions to Approve the Certification of an Environmental Impact Report, the Greenhouse Gas Inventory and Reduction Plan and the 2035 La Quinta General Plan RECOMMENDED ACTIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: 1 PUBLIC HEARING: Adopt Resolution 2012-_ approving the certification of an Environmental Impact Report prepared for the General Plan Update, making certain findings and statements pursuant to the California Environmental Quality Act, and adopting a Statement of Overriding Considerations. Adopt Resolution 2012- approving the Greenhouse Gas Inventory and Reduction Plan prepared in conjunction with the General Plan Update. Adopt Resolution 2012-_ approving the General Plan Update. EXECUTIVE SUMMARY: The General Plan serves as the primary guiding policy document for the City. It is based upon extensive research and modeling, feedback from public outreach, prior policy determinations, as well as the professional recommendations of City staff and the consulting team. While its format and certain subject areas are mandated by State law, the document has been crafted to reflect the goals and values of the City of La Quinta. The policies and data it contains serve as the foundation of the City's planning efforts and, as such, the General Plan is one of the most important policy documents adopted by the City. The current General Plan was adopted on March 20, 2002. Due to a number of changed factors since then including new state legislation and the recent economic slowdown, the General Plan has been revised and updated to better reflect the direction of the community. While much of the land use designations and policies are largely consistent with the current General Plan, adjustments have been made to simplify the document as well as address recent legislative changes. The notable adjustments are as follows: 329 • Two new Elements have been added to the draft General Plan: Sustainable Community (Attachment 1 pg. II-133) and Economic Development (Attachment 1 pg. II-163). • The land use categories have been simplified and consolidated (Attachment 1 Table II-1, pg. II-2). • A few minor changes to existing land use designations have been made from the current General Plan map, such as the accurate designation of existing conservation lands, pocket parks, water district facilities, recent amendments to the General Plan, and adjustments required by the recently adopted Housing Element (Attachment 1 pg. II-18). • The boundary area of the draft General Plan now matches the City's Sphere of Influence (Attachment 1 Exhibit II-1). • An area study or master plan will be required for the eastern Sphere of Influence prior to any future annexations (Attachment 1 pg. II-18 & Policy LU-1.4). • The target population and build -out projections have been more accurately revised to accommodate recent changes in the housing market and reflect data provided from the 2010 U.S. Census (Attachment 1 pg. Ik12). • The Land Use and Sustainable Communities Elements enable a mixed -use overlay to be developed in the Zoning Ordinance, and identify new development concepts to be provided for in the Village and Highway 111 corridor (Attachment 1 pg. II-14 & II-143). • The Housing Element, adopted by the City Council in August of 2011, has been incorporated into the General Plan update (Attachment 1 pg. II-193). • The Circulation Element is supported by a new city-wide traffic model that is consistent with the Riverside County model. This Element also incorporates "Complete Streets" and provides updated roadway classifications (Attachment 1 pg. II-31). FISCAL IMPACT: No direct fiscal impact is anticipated with adoption of the Draft General Plan. An analysis to guide and improve long-term fiscal policy has been provided within the Economic Development Element (Attachment 1 pg. II-163). 330 BACKGROUND/ANALYSIS: Population Projections One of the most important updates to the General Plan involves demographic and build -out projections to the year 2035. The 2010 U.S. Census estimated the City's population at 37,467 with an average 2.53 persons per household. Upon projected build -out, the draft General Plan estimates the population within the current City limits to be 79,956 persons with 100% occupancy of all potential housing units. When the City's seasonal vacancy rate of 27.5% is applied, the estimated build -out population drops to 57,968. The draft General Plan also reflects potential growth in the City's Sphere of Influence (SOI). In 2010, the estimated SOI population was 2,264. The draft General Plan identifies an SOI build -out population of 54,396. Therefore, a total population in both the City and Sphere at build -out is estimated to be 134,352 persons. Compliance with State Law The draft General Plan has addressed multiple changes in state law since 2002, which is summarized as follows: • California's Global Warming Solutions Act of 2006, also known as AB 32, requires that all cities prepare an inventory of greenhouse gases and adopt a plan to reduce the emission of those gases to 1990 levels. As a result, the General Plan update is accompanied by a Greenhouse Gas Inventory and Reduction Plan (Attachment 3) which measures the City's emissions levels and recommends policies for implementation which have been estimated to achieve the required goals. • The Circulation Element takes into account California's Complete Streets Act of 2008 (AB 1358) by incorporating designs which accommodate and enable safe access for all roadway users, including pedestrians, bicyclists, golf carts, and transit riders. • The General Plan update accommodates the Sustainable Community and Climate Protection Act of 2008 (SB 375) through the new Sustainable Community Element and by integrating supporting transportation, land -use, and housing policies throughout the General Plan. • The addition of the new Sustainable Community Element allows streamlined CEOA exemptions for certain infill, transit -oriented, and walkable community projects under environmental legislation enacted in 2011 under SIB 226. 331 Land Use Summary The draft General Plan includes a minor change the allocation of land in the City. The attached Table 1 (see Attachment 2) compares the land use allocation in the existing General Plan with the proposed General Plan. The differences fall into a few limited categories: • Lands previously designated Low -Density Residential that have since been developed as golf courses have been changed to Open Space Recreation, which reduced the residential acreage and increased the Open Space Recreation acreage. • Lands designated Commercial and Low Density Residential has been changed to High -Density Residential, either for specific projects or for consistency with the newly adopted Housing Element. • Lands designated Low -Density Residential in Section 5 bought by public agencies for conservation under the Multi -Species Plan has been changed to Open Space Recreation. • Lands annexed into the City since 2002, including and in particular lands south of Avenue 58 and west of Monroe have increased the overall acreage of land within the City limits. Greenhouse Gas Inventory and Reduction Plan The California Warming Solutions Act of 2006, referred to as Assembly Bill 32 (or AB 32), in conjunction with the Sustainable Community and Climate Protection Act of 2008, referred to as Senate Bill 375 (SB 375), requires all cities to reduce their greenhouse gas (GHG) emissions to 1990 levels by no later than 2020. In accord with these laws, the Planning Department has prepared a Greenhouse Gas Inventory and Reduction Plan (Attachment 3) which analyzes emissions levels and contains recommended policies intended to help the City reach its target goal. While most GHG emissions are generated by vehicles and power generation, there are a number of measures that can be applied on a city-wide level relating to building construction, energy efficiency, transportation planning, and land use. When applied together, these recommendations will help the City comply with the legislation's target goals. The Greenhouse Gas Inventory and Reduction Plan serves as an appendix to the draft General Plan and supports the energy efficiency and conservation goals, policies, and programs found within the Sustainable Community Element. Sustainable Community Element The Sustainable Community Element (Attachment 1 pg. II-133) helps the City 33� develop responsibly and efficiently through the conservation of resources, the enhancement of the built environment, encouraging transportation options that do not rely as much on the automobile, and improved community health. The Sustainable Community Element has been drafted so that its recommendations provide additional choices rather than mandate limitations. It contains a number of concepts and programs that are interconnected with State Building Codes, Regional Water Quality Plans, public health initiatives, other General Plan Elements, and the Greenhouse Gas Inventory and Reduction Plan. Economic Development Element An Economic Development Element (Attachment 1 pg. II-163) was prepared in light of recent economic events and contains long-term strategies to maintain the City's current economic base and to help improve growth and revenue. The Economic Development Element contains an analysis that determines the costs and revenues associated with the future build out of the City. It takes into account existing and potential sources of revenue and is intended as a basis for the City's annual Economic Development Plan. Traffic and Circulation The update to the Circulation Element (Attachment 1 pg. II-31) reflects the evolution of land use and development in the City, the Sphere of Influence, and neighboring communities. The Element is supported by extensive traffic and transportation modeling. Based on modeling projections, a number of physical improvements have been identified at key intersections and roadway segments to assure that future traffic operations can provide an acceptable level of service. These recommendations will be incorporated into the City's Capital Improvement Program. The Element identifies a priority for roundabouts over signalization at specific intersections, strategies to maximize alternative modes of travel, the implementation of Transportation Demand Management (TDM) programs, and the use of Intelligent Transportation Systems (ITS). With the recommended physical improvements and management strategies identified in the Circulation Element, it is expected that most components of the City's circulation network will operate at acceptable levels of service upon General Plan build out. Compliance with the California Environmental Quality Act Based on California Environmental Quality Act (CEQA) requirements, an Environmental Impact Report (Attachment 4) was prepared for the General Plan update (State Clearinghouse No. 2010111094). All of the impacts identified from the proposed General Plan are able to be mitigated to a less than significant level with the exception of air quality and traffic and circulation, for which a Statement of Overriding Considerations is being proposed for consideration by the City Council. With regards to air quality, emissions associated with operation of land uses at build out of the General Plan will exceed established thresholds, even when mitigated, and are therefore significant and unavoidable. These emissions result from daily emissions in the city at build out, including electricity generation, natural gas usage, vehicular exhaust, construction activity, and emissions generated by individual businesses and residences. With regards to traffic and circulation, even with the proposed mitigation programs, management strategies, and physical improvements identified in the Circulation Element, up to six roadway segments and four intersections may operate at level of service (LOS) E or F at build out, which fall below City standards, and are considered to be significant and unavoidable impacts (Tables 2 and 3 below). With these exceptions, most components of the City's circulation network will operate at acceptable levels of service upon General Plan build out. Table 2 Intersections with the Potential to Operate at LOS E or F General Plan Build Out Intersection Projected Level of Service (LOS) AM PM Washington St. at Fred Waring Dr. F F Washington St. at Miles Ave D F Miles Ave at Adams St. D E Madison St. at Avenue 50 E F Table 3 Roadway Segments with the Potential to Operate at LOS E or F General Plan Build Out Roadway Segment Projected Daily Level of Service (LOS) Washington St.: Ave 42 to Fred Waring Dr. E Washington St.: Fred Waring Dr. to Miles Ave at Miles Ave F Washington St.: Highway 111 to Avenue 48 E Washington St.: Avenue 48 to Eisenhower Dr. E Madison St.: Avenue 54 to Airport Blvd (Ave 56) F Harrison St.: Airport Blvd. (Ave 56) to Avenue 58 F r.. 334 PUBLIC NOTICE AND REVIEW Public Outreach Campaign The City conducted an extensive community outreach effort for the General Plan update. The public outreach campaign began with a kick-off workshop to garner input held in April of 2010, stakeholder workshops for residents and businesses in both the Village and along Highway 111, and presentations before homeowner associations, the local Rotary Club, and at the annual City Picnic. A detailed website was prepared, www.lg2035.org, to keep the public informed and apprised of the project's ongoing progress and to allow public access to the draft General Plan and supporting documents. Public Notification The Notice of Preparation (NOP) for the Environmental Impact Report was posted and released for comment on November 24, 2010. A scoping meeting for the NOP was advertised and held on December 8, 2010. The Notice of Completion (NOC) was posted with the State Clearinghouse on July 10, 2012. The Notice of Availability INCA) for the Draft Environmental Impact Report (DEIR) was advertised in The Desert Sun newspaper on July 12, 2012. The 45-day public comment period for the Draft Environmental Impact Report ran through August 27, 2012. All General Plan documents have been posted online for public review on their respective release dates. All comments received during the DEIR comment period have been responded to and are located within the Final Environmental Impact Report's Response to Comments. The General Plan Update was subject to review by Native American Tribal organizations, under SB 18 requirements. One request for consultation was received from the Cabazon Band of Mission Indians during the 90-day tribal consultation request period, but there was no follow-up to our response from that organization. Comments were also received from the Agua Caliente Band of Cahuilla Indians. The public hearing for the proposed Environmental Impact Report, Greenhouse Gas Assessment Inventory and Reduction Plan, and General Plan Update were advertised in The Desert Sun newspaper on December 7, 2012. The public hearing notice was published as 1 /8 page legal advertisement. Response to Comments on the Draft Environmental Impact Report During the 45-day comment period, the City received written responses regarding the Draft Environmental Impact Report (Attachment 5) from the following agencies: Native American Heritage Commission, Riverside County Airport Land Use ,v 3 3 Commission, South Coast Air Quality Management District, City of Coachella, City of Indio, Coachella Valley Water District, Coachella Valley Mosquito and Vector Control District, Riverside County Planning Department, the State Clearinghouse, Hoffmann Land Development, and the Riverside County Transportation and Land Management Agency. One comment was received from the Agua Caliente Band of Cahuilla Indians after the conclusion of the comment period. Formal responses to comments have been prepared in conjunction with the Final Environmental Impact Report and presented to the City Council. These responses to comments were distributed to the commenters in accordance with the requirements of CEQA on December 3, 2012. Communication from the Public During the course of the General Plan update, staff received comments from four La Quinta residents (Attachment 6): Mr. Dick Storbo, Mrs. Neeta Quinn, Mr. Michael L. Bailardo, Mr. Bob Righetti, and two developers, Mr. Marvin D. Roos (resulting in a minor correction to Circulation Exhibit II-2) and Mr. Ulrich Sauerbrey. Comments received from Mrs. Quinn, Mr. Bailardo and Mr. Righetti focused upon the United Nations Agenda 21 and made reference to the La Quinta General Plan incorporating certain global principles and objectives of Agenda 21. As a result of the concerns raised, staff elected to delay City Council consideration in order to allow opportunity to further investigate the concerns raised. Staff met on two occasions with Mr. Righetti and also Mrs. Michas of the Palm Springs Patriots Coalition. As a result of the information provided as well as discussion and dialogue, staff is proposing language changes (Attachment 8) as follows: • Sustainable Community Element - Background section: Eliminated United Nations definition of sustainability and replaced with language focused upon maintaining and improving quality of life. • Administration Chapter - Community Vision: Amendment to language supporting property rights. • Land Use Chapter - Land Use (LU) Policy 1.2: Replacing policy with new language taking into consideration the "rights and needs of property owners." Any additional comments received following the preparation of this report will be provided at the public hearing. TERNATIVES: Alternative actions available to the City Council include referring the proposed draft General Plan and supporting documents back to staff for further revisions, or the �.. 33 discussion and incorporation of any adjustments deemed appropriate. COMMISSIONS/BOARD/COMMITTEE RECOMMENDATIONS: The Historic Preservation Commission (HPC) reviewed the draft Cultural Resources Element of the General Plan and the supporting Cultural Resources Report prepared by CRM Tech for the General Plan Update during their meeting held on June 21, 2012. The HPC unanimously approved Minute Motion 2012-003 supporting the Cultural Resources Report's findings and recommendations. The Community Services Commission reviewed and commented on the draft Open Space and Parks and Recreation Elements of the General Plan during their meeting held on Monday, June 11, 2012. No formal action was necessary at the meeting. The La Quinta Planning Commission reviewed the draft General Plan at a public hearing held September 11, 2012. During the hearing, Commissioners commented on a number of topics related to the General Plan, but no modifications or changes were recommended. Two members of the public spoke in regards to the General Plan at the hearing, Ulrich Sauerbrey and a Mrs. Neeta Quinn. Mr. Sauerbrey spoke on behalf of the proposed Travertine project's interests and Mrs. Quinn spoke in general opposition to the General Plan (Attachment .7): The Planning Commission was unanimous in their support of the General Plan, recommending Council approval of the General Plan under Resolution 2012-015 by a 5-0 vote. ENVIRONMENTAL REVIEW: All of the impacts identified from the proposed General Plan are able to be mitigated to a less than significant level with the exception of air quality and traffic and circulation, for. which a Statement of Overriding Considerations is required for adoption by thR City Council. Director Attachments: 1. Draft General Plan Update 2. Table 1, A Comparison of Existing and Proposed General Plan Use Allocations 3. Greenhouse Gas Inventory and Reduction Plan 4. Draft Environmental Impact Report 5. Agency and Public Comments Received on the Draft Environmental Impact Report (Final EIR Response to Comments) 6. Communication from the Public and Response Letters 7. Minutes of the Planning Commission from September 11, 2012 8. Response to Public Comment - Proposed Text changes Attachments 1, 3, and 4 were provided to the City Council at the beginning of the public comment period on July 12, 2012. 333 ATTACHMENT # 2 Tity/ 4 XP Q" MEMORANDUM TO: Honorable Mayor and Members of City Council VIA: Frank J. Spevacek, City Manager FROM: Les Johnson, Planning Direct 0 DATE: February 7, 2013 SUBJECT: Recent Proposed Language Revisions to Draft 2035 General Plan Please find attached for your review portions of Chapters I and II of the Draft General Plan as revised per direction received at the December 18, 2012 City Council meeting. The revisions include a number of adjustments to the Plan's text including renaming the Sustainable Community Element to the Livable Community Element along with numerous edits regarding the use of the word "sustainable" throughout the Plan. Additionally, the following language is being added as a preamble to the Community Vision section of Chapter I. "We the people of the City of La Quinta declare our intent to restore to our community the historic principles of self -governance inherent in the doctrine of home -rule. Sincerely committed to the belief that local government has the closest affinity to the people governed, and firm in the conviction that the economic and fiscal independence of our local government will promote the health, safety and welfare of all the citizens of this City... " City Charter 1996 As stated in the City's Charter, it is a fundamental tenet of the City of La Quinta, its citizens and its leaders, to protect and maintain the public health, safety and welfare through self -governance at a local level. As such, this plan is crafted as the guiding policy document for the City per the vision expressed by its citizens and established by the City Council. While it is written to be in compliance with applicable State and Federal legislation, as it has been since the City's first General Plan, its goals, policies and programs are those of the people of La Quinta and are not intended to facilitate the agenda of any outside group or foreign entity. The revised General Plan is scheduled for Council review on February 19, 2013. The attached revised portions of Chapters I and II are printed in "track changes" format to facilitate your review of the changes and are being provided to you at this time for your convenience. A clean final version of the Chapters will be included in your packet for the City Council meeting. Please do not hesitate to contact me with any questions. If you prefer, a digital (pdf) version can be provided to you. 330, COMMUNITY VISION La Quinta is a great place to live, work and play. La Quinta was originally established and has developed with the objective of providing well planned and desirable neighborhoods, a diversified economic base, excellent schools, exceptional recreational and cultural opportunities, and a variety of community services and facilities. As our community continues to mature, we will strive to preserve and adapt these desirable qualities by maintaining and, where necessary, improving upon a safe and convenient circulation system that includes alternative transportation opportunities as well as bikelpedestrian trails and golf cart routes; by providing additional recreational opportunities and cultural facilities for the health and well-being of our residents; by preserving our natural and historic resources, focusing on sustainable existing and future use of water and energy resources; and, by ensuring that La Quinta remains a safe and desirable place for both residents and visitors. We will continue to emphasize the importance of community participation and recognize the commitment property owners have and continue to make through their investment of time and resources. We will work with regional and other local government entities to solve common problems and coordinate our shared interests. La Quinta's future depends on maintaining a balanced budget and the conservative management of our financial resources, and continuing efforts to promote our community as a premier place to live, work and play. GUIDING PRINCIPLES In order to achieve and support our Community Vision, the following eight guiding principles will shape the La Quinta General Plan: A Neighborhood Oriented Community — Strive to ensure that existing and future housing for all residents continues to be diverse in type and of high quality. Establish and maintain connections between iew ieaa in paragraph (indented) as follows: "We the people of the City of La Quinta declare our intent to restore to our community the historic principles of self - governance inherent in the doctrine of home -rule. Sincerely committed to the belief that local government has the closest affinity to the people governed, and firm in the conviction that the economic and fiscal independence of our local government will promote the health, safety and welfare of all the citizens of this City..." City Charter 1996 As stated in the City's Charter, it is a fundamental tenet of the City of La Quinta, its citizens and its leaders, to protect and maintain the public health, safety and welfare through self -governance at a local level. As such, this plan is crafted as the guiding policy document for the City per the vision expressed by its citizens and established by the City Council. While it is written to be in compliance with applicable State and Federal legislation, as it has been since the City's first General Plan, its goals, policies and programs are those of the people of La Quinta and are not intended to facilitate the agenda of any outside group or foreign entity. ADMINISTRATION h, 340 existing and future neighborhoods, including existing housing stock and associated infrastructure. • A Healthy, Vibrant and Heritage Minded Community — Ensure parks, public facilities and open spaces are appropriately sized and designed to meet the needs and interests of all segments of the community. Continue to ensure that all land uses cohesively exist with the area's natural, cultural and historical heritage. • A Fiscally Sound Community — Capitalize on our unique development opportunities, especially within the Highway in Corridor and the Village area by focusing on shopping, dining, entertainment, professional and mixed use options while improving the aesthetics of the community. • A Safe Community — Continue to enforce development standards that promote safe indoor and outdoor spaces and provide emergency services that are adequately funded, staffed, and equipped to provide timely response. • A Full Service Community — Ensure that streets, water and sewer -systems,--storm drains, and other infrastructure is maintained in good working order and of adequate service level to address existing and future needs. • A Resort Oriented Community — Maintain and improve the opportunities for La Quinta to be recognized, both nationally and internationally, as a top resort and recreation destination. • A Circulation Minded Community — Promote and encourage a broad range of transportation opportunities, especially those that reduce the impact to our environment, as well as effectively moving people and goods. Continue to work closely with neighboring communities and regional agencies to address regional transportation issues. • A Conservation Focused Community — Promote and encourage the efficient use of energy and water; minimize air and water pollution; reduce noise and light pollution; preserve native habitat; reduce litter; and increase recycling programs. The General Plan supports and encourages individual rights and freedoms and the protection of private property rights and is ADMINISTRATION 1-2 3,341 designed with the intent of enhancing and improving our quality of life in La Quinta. That intent supports the rights liberties and freedoms of the people of La Quinta, as afforded by the Federal and State constitutions. ADMINISTRATION INTRODUCTION This section of the General Plan provides background on the General Plan, its organization, the Plan's function and its relationship to other documents, including the California Environmental Quality Act (CEQA), the Subdivision Map Act, and the Zoning Ordinance. The processes required for review and amendment of the General Plan are also described below. California Government Code (Section 653oo) requires that incorporated communities and counties prepare and adopt a comprehensive, long-term General Plan. The General Plan must regulate the development of lands within a city's corporate boundary, and can also include the City's legally recognized Sphere of Influence. This General Plan addresses lands within the City of La Quinta's city limits, and its Sphere of Influence (please see Exhibit t-t). The General Plan and its various elements are required to function as an integrated, internally consistent and compatible statement of policies (Government Code Section 65300.5). Government Code Section 65300.7 allows each city to consider local issues and conditions and tailor the General Plan to meet its needs. The General Plan must be responsive to the variations in density, land use and development issues, and the needs of each community's residents (Government Code Sections 653oo.9, 65302). Format The La Quinta General Plan includes two documents: the General Plan, which provides background information, direction for future decisions, and goals, policies and programs to guide that direction; and the ADMINISTRATION 1-3 342 E In the Sphere of Influence, the County estimated the population at 2,264 in 201o. For analysis purposes, it was assumed that the household size in the Sphere of Influence would be consistent with that in the City in the future. Based on that assumption, the total population in the Sphere of Influence at build out would be 54,396• Once again, it is important to note that the Low Density Residential land use designation will be maintained in the Sphere, and that the Master Plan called for in Policy LU-1.4, below, will result in lower :. intensities of development. If all housing units are occupied, and all the potential housing units in i both the City and the Sphere are constructed, the total population in the City and Sphere at build out will total 134,352 persons. It is likely that residential development in the City will take many forms. Master planned communities, with and without golf courses, will continue to develop where they have been approved and not completed. Within City limits, however, few large parcels remain to allow large scale golf club projects. As the market changes, and new residents look for different options for living, a greater variety of housing types will be required. Whether these take the form of single family homes or townhomes, apartments or stacked flats, the City can expect to see changes in its housing stock to reflect changing consumer trends. The raised awareness of ,resource efficiency and ` ealth living will chan a the residential market, and by extension the I' types of residential projects that are built in the future. —� Deleted: The City has a number of approved and active Specific Plans governing development of residential, commercial and resort projects. Many of these have been built out, and some still have available development areas. The Planning Department maintains a map of existing Specific Plans. Specific Plans will continue to be a valuable tool for creative development in the City. For mixed use, residential and commercial development projects, the Specific Plan allows flexibility in design and site planning which might otherwise be restricted by issues with the project's physical features, or the standards of the Zoning Ordinance. Specific Plans can provide for changes and easing of zoning standards, when the quality of the development and/or amenities compensate for these changes. In the future, Specific Plans may be ideal tools for mixed use projects that include new concepts such as transit -oriented Deleted: LAND USE l l-13 �. 344; programs in this Element will assure that the City is able to meet the needs of its population, while preserving the high quality of development it is known for. GOALS, POLICIES AND PROGRAMS GOAL LU-1 Land use compatibility throughout the City. Policy LU-1.1 The Land Use Map shall implement the goals and policies of the Land Use Element and the other Elements of this General Plan. • Program LU-1.1.a: Maintain consistency between the Land Use Map and Zoning Map, consistent with the Zoning Designations Consistency Matrix. • Program LU-1.1A The Zoning Ordinance will include design standards in all zoning districts that assure high quality development. Policy LU-1.z propertyw onrs ea_s_well _as those of the -general public. 4• Policy LU-1.3 The City Council shall review the City's Sphere of Influence every five years. Policy LU-1.4 No annexation affecting lands in the southern Sphere of Influence (also known as Vista Santa Rosa) shall occur until a Master Plan for this area has been adopted, unless the annexation is required for municipal purposes. • Program LU-1.4.a: The Master Plan for Vista Santa Rosa will include an active and aggressive community participation program to ensure that community character is reflected in the Plan. Deleted: All development proposals shall be consistent with all applicable policies and Droerams contained in this General Plan. Deleted: take into consideration LAND USE I I-z1 345 CIRCULATION PURPOSE The Circulation Element has been designed to assure the provision of a multi -modal transportation system that responds to the full range of transportation needs. The Element takes into account existing and long term regional traffic and transportation infrastructure needs. Its purpose is to correlate with community and regional land use plans to assure a transportation network that moves motorized and non - motorized vehicles, and pedestrians, safely and efficiently through the City and region. Therefore, the Circulation Element must assure that the City's transportation system ties into the network beyond the city limits. The Circulation Element incorporates regional plans and facilities, and helps assure cost-effective and comprehensive transportation management. Thoughtful land planning and a logical and well - conceived hierarchy of local and regional streets will allow the City to balance transportation infrastructure and quality of life. In addition to its close relationship to the Land Use Element, the Circulation Element is also directly tied to the Housing, Air quality, Noise, Public Infrastructure, and Economic Development Elements, among others. The ivable Community, Flooding and Hydrology, and Parks, Recreation and Trails Elements are also related to, affect and are ' affected by the Circulation Element. Finally, the General Plan is Deleted: uw I mandated to address all systems that move people, goods, energy, water, sewage, storm drainage, and communications. To the extent these systems overlap, they are discussed in this Element. The Circulation Element is compliant with California Government Code Section 65302(b), which directs jurisdictions to prepare General Plans that identify existing and proposed major thoroughfares, transportation routes, and other local public CIRCULATION II-31 11 346 CIRCULATION 11-48 primary goal of TSM is to improve the efficiency of the existing transportation system by better use of these facilities and by shifting user demand. The Transportation Systems Management process identifies improvements that enhance the operational capacity of the existing system. Better managing and operating of existing transportation facilities will realize improved traffic flow, improved air quality, and more efficient movement of vehicles and goods. TSM strategies are low-cost but effective. They include intersection and signal improvements, vehicle detector upgrades, optimized signal timing, systems monitoring and responsive management, facilitating turning and slip lanes, restriping for alternative modes and traffic calming, and effective signage and lighting. TSM includes the ability to monitor, in real time, the traffic and travel conditions on major roadways and to share that information with drivers and system managers to improve the operation of the roadway system. TSM strategies, either individually or as a package of supportive programs, attempt to reduce existing traffic congestion, and increase the person -carrying capacity of the transportation system. Other benefits of TSM include improved air quality, conservation of energy resources, reduction of new transportation and parking facility needs, and prolonged life of existing transportation infrastructure. TSM components enhance system accessibility and safety. As a general rule, the development and implementation of TSM strategies cost less than traditional capital projects. To achieve the highest degree of TSM success possible, the City's planning and implementation of TSM should be coordinated with adjoining cities, the County, NAG and SCAG. SunLine Transit Agency, developers, and employers should also be consulted on an on -going basis. TSM should correlate land use and circulation elements to assure that planned street and highway capacities will adequately accommodate traffic generated by planned land uses. TSM programs that discourage single passenger car commutes and that promote flexible hours at places of employment may improve the levels of service of area streets and highways by reducing peak hour flows. The City's ivable Community, Deleted: Out n 347 CIRCULATION II-5o as the Highway m corridor may be customized to accommodate more destination -oriented needs and expectations of urban travelers. Therefore, rural areas of the City and Sphere may require wide shoulders to accommodate pedestrian, bicycle, or equestrian travel. Within the City's suburban or urban context, street design should accommodate pedestrian and bicycle travel with the inclusion of sidewalks and bicycle lanes, along with controlled street crossings. Where there are greater distances between destinations, benches, covered resting areas, and other facilities should be provided that allow for people to successfully walk or ride a bicycle to frequently visited destinations. Adapting Existing Roads for Complete Streets The current transportation network has its origins in the last century. Over time, the roadway network has evolved in a manner largely incremental with urban development. Agricultural facilities (especially canals), inconsistent right-of-way acquisition and varying roadway standards have resulted in areas with sometimes substantial variability in existing and potential future roadway improvements. Therefore, the melding of existing improvements, constraints and opportunities, and the directives of the Circulation Element require that the City have some flexibility in solving special conditions on a case -by -case basis. It is also important that the City further consider appropriate policies, standards, implementation measures and plans specifically for those areas. The Circulation Element allows for the modifying of roadway and other transportation plans, as needed, and in most cases without the need for a General Plan Amendment. This allows the City the flexibility of adaptive management, to blend and harmonize various nuances in design and to assure a responsive and well-balanced multimodal transportation network. When considering the needs of all users, needs of the community, traffic demand, impacts on alternate routes, impacts on safety, funding feasibility, and maintenance . feasibility, relevant laws and regulations should be reviewed and . mandates addressed. Funding Complete Streets Federal transportation program and funding focus is now on economic competitiveness, jNaWlit,state of repair, and environmental benefits. The federal government, including the FHWA and EPA, is expected to 01 11 continue to be a source of funding for a Complete Streets program. peb7t;y a: Other sources are expected to include individual new projects' street improvements in the future, state funds, local Measure A funds, Developer Impact Fees, bonding and others. 4, 343 Enhanced and coordinate signal operations are recommended to optimize traffic progression along all corridors, which can reduce traffic delays on major roadways by 5 to to percent. Also evaluate and, as appropriate, implement Adaptive Control Software-Lite (ACS-Lite) to continuously improve the efficiency of traffic signal timing by updating phase splits and offsets in response to current traffic conditions. These improvements in efficiency can reduce stops and delay of up to 29%, and to decrease travel time by up to 35%. The primary goal of ai;omorehensive transportation system is to lower the impacts of transportation on the environment, including the transportation system itself. These systems include efficient infrastructure, systems management, nd reater use of alternative modes of transportation (walking, cycling, transit, NEVs). In addition to making a substantial contribution to improving air quality and reducing emissions of GHGs, a comprehensiv transportation s sy tem can also result in broader environmental improvements, a better planned community and enhanced quality of life, and improved social and economic viability Transportation systems account for between zo and 25 percent of the world's energy consumption, but roughly 50 percent of all energy consumption and about 38 percent of all GHG emissions in California. The social costs of an inefficient transportation system also include time wasted in traffic and vulnerability to fuel price increases. Many of these negative impacts fall disproportionate on lower income social groups. Historically, the transportation system has largely been designed and built to maximize the movement of private vehicles. The La Quinta General Plan Circulation Element is crafted to better optimize the existing roadway network, provide alternative modes of transportation to the greatest extent practicable, and provide future facilities that reduce vehicle miles traveled, while improving the quality of the environment and the community. Comorehensive transportation Dlannine also includes the Deleted: Deleted: Deleted: behavior modification, Deleted: u att bl (Deleted:u m implementation of "Complete Streets" concepts and designs that t tt enable safe access and travel for all users — pedestrians, bicyclists, Deleted: star a u motorists, transit users, and travelers of all ages and abilities. Ensuring that roads provide safe mobility for all travelers, not just motor CIRCULATION I I-113 349 vehicles, is at the heart of complete streets. Complete Streets is discussed in detail earlier in this Element. The State of California has enactment of AB 32 and SB 375, which set new standards for California' emissions of GHGs. SB 375 specifically gives our regional Metropolitan Planning Organization, Southern California Association of Governments (SCAG) the responsibility to work with CVAG, the City and other local jurisdictions to develop a regional strategy for reducing GHGs. Best practices in transportation as espoused by the California Air Pollution Control Officers Association (CAPCOA), have been drawn upon in the following discussion. The role of transportation in these efforts is expected to include: Transportation Infrastructure Investment, particularly transit and other multimodal infrastructure investment that may impact GHG emissions; Transportation Planning and Demand Management, planning and programs that reduce demand for low -occupancy auto traffic and improve efficiency of commercial vehicles; and Transportation System Management and operational policies and practices. Specific goals, policies and programs associated withmprehensive transportation systems and an effective response to AB 32 and SB 375 are set forth in this Element. Deleted: ®a Electrifying Transportation Electric vehicles (EVs) are already here. La quinta and other Valley cities and residents have been steadily expanding their use of golf carts and NEVs for a wide range of trips. The continuing evolution of the transportation system to electric drive could dramatically change the economy, our demand for oil and the quality of the environment. According to the South Coast Air Quality Management District, in zoos transportation produced about 76 percent of all the greenhouse gasses generated in the Coachella Valley. This makes transportation the best area to focus efforts to address GHG emissions as mandated by State legislation. A full range of technologies are needed to effectively transition the transportation system away from petroleum and toward alternatives such as hybrid and pure electric vehicles. These have already made great strides, but harnessing them on a scale that will significantly lower greenhouse -gas emissions requires choosing the right policies and implementing needed infrastructure improvements. While the City cannot have a major impact on this CIRCULATION 11-114 - 4, 1 350 PURPOSE COMMUNITY Element is not a state mandated Deleted: is an element that La Quinta believes is important to the long term' quality of life of its residents. Many components of the natural and Deleted:' u t-na man-made environment are a part of creating a ivable community: the conservation of natural resources, including water conservation; the reduction of air pollution and greenhouse gases; high quality Deleted: community design and the replacement of inefficient appliances and fixtures in existing homes and businesses; efficient use of the car, and the expansion of other, non motorized means of transportation; and healthy living practices which help to improve the health of residents. This Element will help the City build a more cohesive community through the conservation of resources, enhancement of the built environment, encouraging transportation options that do not rely as much on the automobile, and improving the community's health. Many programs are already being implemented in La Quinta. There are existing examples of buildings and landscapes that have been designed using resource consendn¢ techniques, including the Vista Dunes Courtyard Apartments. The Vista Dunes complex provides design elements and features that reduce energy demands, provide Deleted: renewable energy, and reduce water demand. A number of other programs are described further below. Within this General Plan, this Element relates to the broadest range of elements, including Land Use, Circulation, Parks and Recreation, Open Space, Air Quality, Water Resources and Public Facilities. Many of the concepts and programs in this Element are interconnected with State Building Codes, Regional Water Plans, and the City's Greenhouse Gas Reduction Plan. BACKGROUND INITY 11-133 351 The City of La Quinta has grown for a number of reasons including its wide range of housing stack its varied economic base, and its natural setting. As the City continues to grow, it is important that its assets be preserved and enhanced, and that future residents visitors and business people experience the same quality of life as and current residents have. An important tool available to the City in maintaining and enhancing quality of life is its ability to provide choices to residents, visitors or businesses_ These choices includde whether a family wants to live in a home, an apartment or a condominium; whether a resident drives walks. bicycles or takes the bus to work: or whether he shops for food at a supermarket or a farmers' market. This Element addresses ways in which the City can sustain and enhance the natural and built environment to assure that these choices are available in the future and ultimately improve the quality of life for everyone in La Quinta The quality of our air and water, the ability to reduce energy use and save money, high quality development options and the improvement of all types of transportation systems are all discussed below to provide the broadest menu of options for the City's decision makers in the future. Conservation of Natural Resources The conservation of natural resources is a major component of a_ livable community. Each new development creates demands for water, energy, and contributes to air pollution in the City and region. Implementing conservation measures will not only help the environment, but will also provide cost savings to residents and business owners, and reduce the City's own operational costs. Water Resources The City of La Quinta is located in a desert, and averages only 3.31 inches of rain per year.; As a result, La Quinta and all communities in the Coachella Valley rely on groundwater as the primary source of potable drinking water and irrigation. Continued growth in the Valley has increased demand for groundwater, and has led to a decline in groundwater levels. When more water is pumped out of the aquifer than can be replenished, the resulting loss is called "overdraft." In 2009, the CVWD reported that a total of 16o,000 acre-feet of water was pumped over water replenished, resulting in an overdraft of 23,912 3 "Technical Background Report to the Safety Element of La Quinta 2035 General Plan Update", prepared by Earth Consultants International, Inc., June 2010. LIVABLE COMMONITY 11-134 Deleted: The United Nations defines mabilit as "development that meets the needsofthe present without compromising the ability of future generations to meet their own needs."' There are three primary contributors to s i b development: the economy, the environment, and the people. All three are interrelated and important for Deleted: SUST AINABLE 35 acre-feet, in the Lower Whitewater Subbasin, which serves the City and other communities in the eastern Coachella Valley. 4 Imported water from the Colorado River and new replenishment `.. programs implemented by the CVWD have helped alleviate declines, but both rely on outside sources of water. In zoto, approximately 3oo,000 acre-feet of water per year have been allocated from the Colorado River to the eastern Coachella Valley, primarily for agricultural irrigation. Although continued importation of water will help to replenish the aquifer, a more resourceful alternative is to L reduce the amount of water pumped by the CVWD, which will have a r direct impact on overdraft. Conservation techniques have already been Deleted: uE stainal implemented, and new measures are being developed to lower the amount of water used by each household and business in the City. Some of the existing programs include: Coachella Valley Water District Urban Water Management Plan: The Coachella Valley Water District has developed programs for reducing water use throughout the Valley. Implementation of conservation programs included in the Plan have already helped reduce water demand, particularly through the use of recycled water for irrigation at local golf courses. The CVWD also implemented its Landscape and Irrigation System Design Criteria Ordinance as a result of the Plan, which provides specific guidelines for local communities to reduce overall water use, eliminate water flowing down streets, and establish limited grass allowances at local golf courses. The CVWD will continue to be a source for new programs geared toward water conservation. The CVWD should continue to expand the availability of recycled water, which will expand the use of non -potable water for golf courses and landscaping. • City landscape Ordinance: The City has already been proactive in water conservation by incorporating strict new outdoor water use standards through the implementation of CVWD's landscaping ordinance. The City adopted Title 8, Chapter 8.13 of 4 "Engineer's Report on Water Supply and Replenishment Assessment: Lower Whitewater River Subbasin Area of Benefit", CVWD, April zoto. . t Deleted: SUSTAINABLE COMMUNITY 11-135 t 353 Bioswales in parking lots can be built to help capture runoff. Bioswales also provide opportunities to breakup the monotony of large parking lots, and provide ea t ler envlronmen s for plants. Otherlrleasures that should be encouraged at the local level are the use of Delisted: usta permeable materials, such as pavers. cobblestone, and crushed stone for the construction of roads, sidewalks, parking lots and driveways. pesign techniques used to reduce runoff from both residential and Deleted: st non-residential will help La Quinta improve water quality. wbl d AirQuality Air is an important natural resource, and human health is dependent on clean air. Harmful air leads to health related problems including lung disease, heart disease, asthma and birth defects. Air quality issues have become more common in Southern California as it has continued to grow. The combination of geography, the dependence on automobile travel, and growth have combined to create high levels of air pollutants. The Coachella Valley generally has cleaner air than areas west of the mountains, but the Valley does have air quality concerns. Air Pollution is caused mainly by cars, diesel trucks, and buses. Other sources include construction activities, heating and air conditioning units, lawn mowers and blowers, and other non -mobile sources. The Air Quality Element and the General Plan EIR provide detailed descriptions of the types of air pollutants, including carbon monoxide, sulfur oxide, nitrogen oxide, ozone, lead, particulate matter and volatile organic compounds. In more recent years, greenhouse gases have gained notoriety. Greenhouse gases are caused by the burning of fossil fuels, and include carbon dioxide, methane, nitrous oxide, chlorofluorocarbons, hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and aerosols. Greenhouse gases have been linked to climate change, and are believed to be responsible for global warming. State legislation, including the Global Warming Solutions Act (AB32), calls for a - Deleted: SUsr AINABLE LIVABLECOMMON ITY 1I-138 354' • Improving and expanding sidewalks and pedestrian trails to assure safe travel for pedestrians. • Including bike racks in development plans for both private and public development. • Encouraging the expansion of bus service through the SunLine Transit Agency. • Implementing Transportation Demand Management for large employers (please see the Circulation Element for a description of Transportation Demand Management). prevements to the automobile, including better emissions control for gasoline and diesel vehicles, and hybrid, natural gas and electric vehicles, will come from elsewhere. The City can, however, facilitate and encourage these technological advances by making it easier to operate an alternative fuel vehicle in the City through: • Installation of charging stations at public parking lots. • Encouraging the installation of charging stations at commercial shopping centers and employment centers. • Encouraging alternative fuel fueling stations in the City. • Providing incentives for alternatively fueled vehicles, such as preferred or covered parking, at public facilities. nergy Resources The conservation of energy resources is another important component of the ivable Communitty Element. Although there are no electric or natural gas power plants in La Quinta, the demand for electricity and natural gas from City residents and businesses increases air pollution elsewhere. The production of electricity and natural gas is dependent on the burning of fossil fuels. The higher the demand for electricity and natural gas, the higher the emissions from the plants that produce them. A reduction in energy use will help reduce the amount of air pollutants and greenhouses gases generated by electricity and natural gas production. Another important way in which to reduce the pollution generated by energy production is the use of alternative energy — solar and wind power —to generate electricity. Current Electric and Gas Use ff 7/28/131:11 PA Li17Y : r. The average household's electricity demand is 16,798 (kilowatt hours) kwh per year in La Quinta. There are currently approximately 23,489 households within the City, and 8oi households in the Sphere of Influence. These households use approximately 408,023,42o kwh of electricity in one year. Commercial uses, such as retail stores and office Deleted: SUST AINABLE LIVABLE COMM NITY 11-140 3�'� the way power companies secure their supply. The installation of solar panels in the City will have a direct impact on Imperial Irrigation District's (IID) supply. As large scale solar farms are developed in the southern California deserts, they will also reduce the amount of energy generated by oil and coal. III) also has invested in geo-thermal power generation in Imperial County, and other alternative energy sources. The western Coachella Valley has been, and will continue to be a source of wind energy. These projects are likely to be expanded in the future, and further reduce dependence on polluting power generation. Although the City has limited direct ability to change the power grid, it can continue to encourage the use of alternative power generation through its intergovernmental contacts, including CVAG, State representatives, and federal elected officials. The Built Environment The built environment includes all roads, buildings, and infrastructure in the City. How these are designed and constructed directly affects how the City impacts the environment, natural resources, and its residents' health. The General Plan, and this Element in particular, encourage a built environment that promotes quality community design; respect for natural resources; an efficient transportation system that reduces dependence on the automobile; and improved health for residents. Community Design Community design focuses primarily on quality of life issues — the pleasing appearance of a project; having sufficient parks to accommodate everyone's needs; the ability of residents to travel from one location to the other without delay or impediment; and a balanced economy which provides jobs for residents, and sufficient revenues to pay for City services. 4bable community design is an extension of these principles, and focuses on assuring that the City "lives within its Braw means" in all aspects. That is to say that the use of any resource is Deleted: staff 11 77 balanced with its replenishment. In this case, "resource" is used in the broadest sense: water and air are both traditional resources; a healthy economy and healthy citizenry is also considered a resource. Land Use The most important commodity to any community is land. Historically, land has been developed using regulations that encourage land use segregation, to protect residential uses from more intense and potentially conflicting uses. The result is a separation between residential areas and the daily functions of life, including working, shopping, and recreation. The use of automobiles has encouraged this Deleted: SUSTAINABLE i LIVA tECOMMUNITY j l 143 356 successful. It is also important to note that existing development can be adapted to incorporate these principles, and that because the majority of the City is already developed, redevelopment of existing projects to incorporate these principles will be an important component of a successful Jivable La uinta (please see"Retrofitting Existing Development," below). The design and construction of new buildings has been changing at a rapid pace. Technologies have evolved and changed to broadly expand the options available to architects, designers and contractors when they create a new structure. More and more, designs incorporate recycled materials, high efficiency windows, alternative energy and other techniques which reduce the impact these new buildings have on natural resources, and make them more self-sustaining. �uch building deli ns are energy efficient, conserve water, and are multi -functional. The design innovations which have been developed have also evolved into building standards and guidelines, including privately run programs and adopted building codes. Structured programs are available for both residential and commercialjindustrial/institutional designs, which am provide a rating system for the level of sustainability �+ built into a structure. The most commonly used programs are currently the LEED (Leadership in Energy and Environmental Design) program for non-residential development, and the Green Building program for residential structures. These programs are voluntary, and are likely to change and evolve as new technologies are developed. The State of California has also amended its building codes -and developed the CalGreen Codes to improve resource efficiency in building design. This program is mandatory, and will lea hd to to will efficient building construction throughout the State, including La Quinta. The City's Greenhouse Gas Reduction Plan also relies on the use of these improved efficiency systems to reduce emissions in buildings in the future. These programs and standards provide the City with an opportunity to build resource efficiency into all future building designs. Deleted: us.at a Deleted: Deleted: nstain ble 1/28/13 1:18 PM WL Deleted: ina Ai Two energy reducing techniques particularly effective in La Quinta are active and passive solar design. Passive solar design relies on the design and placement of a building to take advantage of the sun in the winter, and to provide shade in the summer. Energy Star windows that insulate homes; the use of thermal chimneys to help with air i 11 Deleted: SUSTAINABLE COMMUNITY .1I-145 _It 357 circulation; solar tubes to capture natural light; the use of green roofs (roofs that are planted to insulate from heat; or white roofs that reflect the sun and reduce heat gain are all passive solar techniques. Active solar design is the use of renewable energy sources, such as solar panels, to produce power and reduce energy consumption. At the City's Vista Dunes Apartments project, solar panels were installed on the roofs to reduce the tenant costs for electricity. In addition to residential roofs, carports in apartment or commercial projects provide excellent places to install solar panels. They are also an excellent way to shade vehicles from the sun, and help reduce the "heat island" effect — the increase in temperature that occurs when asphalt absorbs the sun's energy. Promoting passive and active solar design can result in energy cost -savings for the home or building owner, and provide local opportunities for alternative electricity production to the III) system. Public Spaces One of the most important features of Avable community design are attractive, engaging, and safe public spaces. These include walkways or sidewalks, plazas and courtyards, parks and public facilities, and the Deleted: uswJ "in-between" places or public areas between buildings and private property. These areas need to be vibrant, dynamic, and a perhaps most important[ make people feel sal spaces should emphasize a destination or place, rather than leftover space. Creating place requires many of the elements discussed earlier, including appropriate land uses, and good building design. The scale and placement of buildings must define the space, and also create a sense of excitement or curiosity for the people entering it. These spaces include the roadways that connect projects. As a result, lane widths, parking aisles, bike lanes and sidewalks must be appropriately sized in relation to the vertical facades of buildings. Deleted: SUST AINABLE LIVABLE COMMONITY I I-t46 --- 353 Street trees, light standards, street furniture and signage must convey an invitation to stay within that space. Storefronts that appear to be part of the walkway — with much use of glass, or open doors which blur the boundary between the store and the walkway, the shade of awnings or canopies, and the interest created by varying storefronts lead people from one store to the next. This also creates a safe and comfortable atmosphere for pedestrians or bicyclists. A plaza or square brings people together, and should be accessed from multiple directions, which further enhances a pedestrian's ability to travel from one place to the other. Appropriate design of public spaces can also lead to conserving energy and water, and enhancing community character. A ivable public space_ provides improved safety and security in the community with more ° "eyes on the street;" improves the health of residents by encouraging Deleted: more walking and exercise; and reduces impacts on air, energy and water resources. IM122WILIUM The emissions from automobiles are the single largest contributor to the City's air pollution. As the City works toward being more self- sustaining, protecting its air quality must be considered. The City's Greenhouse Gas Reduction Plan includes a number of strategies to reduce the amount of air emissions from motor vehicles, all of which are designed to help to reduce emissions, and help to reduce global warming. A sample of the measures considered in the Plan include: • The replacement of City and private gasoline vehicles with electric vehicles. • Synchronizing traffic signals to improve traffic flow and reduce idling. • Expending multiuse paths and golf cart routes. A large part of the effort toward reducing impacts on air quality involves enabling alternative modes of transportation (such as trails for pedestrians and bicyclists, golf cart and Neighborhood Electric Vehicles), enhancing access to public transit, and improving connections between residences and these alternative modes of transportation. Reducing our dependency on the automobile will also help promote healthier lifestyles by encouraging exercise and increasing social interaction. Alternative Modes of Transportation Deleted: SUSTAINABLE COMMUNITY li-147 W 353 Retrofitting Existing Development The majority of the lands within the City are built out. Older buildings were developed with inefficient technology. Existing residential, commercial and institutional facilities can gradually become more ,efficient by retrofitting buildings with new water and energy saving technologies. There are many incentive programs available for helping convert to newer technologies today, and these types of programs are sure to expand in the future, as demand increases and costs for alternative technology decreases. Retrofitting for Water Conservation Many developments were built prior to the need for conserving water, and include landscaping and irrigation systems that have a high water demand. The CVWD reports that 8o% of water usage comes from outdoor landscaping. The District has created incentives for the conversion of lawns to drought tolerant ground covers, sprinkler nozzle replacement, and "smart controllers." Smart Controllers can cut water usage by 3o% by automatically adjusting irrigation systems based on historic weather data. The City is participating in the program by fast -tracking the review of landscape designs for these conversions in master planned communities and commercial projects. The expansion of these programs will continue through the buildout of the City, and can be implemented as Sphere of Influence lands are annexed into the City. Retrofitting Energyystems There are many incentives available for residents and businesses that install energy efficient appliances, lights, and active solar systems. The City and I I D provide programs for reducing electricity, including energy audits, rebates for Energy Star appliances and air conditioning units. Commercial rebates are also available for Energy Start thermostats, commercial and industrial HVAC equipment, lighting and energy efficient motors. Federal programs also provide tax credits for business and residents using Energy Star products. These rebates and Deleted: us a �a �e 36i Quinta makes it an ideal location for solar technologies. IID offers t rebate incentives to qualifying projects to help reduce the initial cost of installing these systems. State and federal programs also provide rebates and tax credits to consumers who install solar energy systems, as well as geothermal pumps, small wind systems, and residential fuel cell and micro -turbine systems. The City can continue to encourage the use of energy saving incentives today and in the future to reduce dependence on traditional electric power generation. Retrofitting Building Design As described above, the development of mixed use projects, which bring residents closer to their jobs and shopping, can have a tremendous impact on improving the City's� , ivabilit . Although new projects are the simplest way to achieve this ` goal, it is also possible to retrofit existing projects to achieve the same Deleted: a positive result. Deleted:I The range of options is extensive, and can include the conversion of a single family ; home in the Village to an office, to majorµ r changes to an existing shopping center to provide a better environment, and incorporate residential development. Existing development on Highway ttt, for example, may have an opportunity to change in the coming years. That change may not require demolition, but may occur through the addition of buildings which provide greater flexibility of use. By adding to existing projects, the �o City can expand its �. development options, both residential and commercial, and reduce w its dependence on the automobile at the same time. New structures can be wrapped around t, •, existing commercial buildings to create :--. completely new environments, and create a residential development next to existing commercial uses. Driveways between projects can be enhanced to provide better pedestrian access, and buildings constructed adjacent 7 www.iid.com- Deleted: SUSTAINABLE E COMMUNITY _ II -St 361 to these new sidewalks to provide a pedestrian scaled environment. These projects can also be connected, even across Highway ttt, by street trees and other landscaping elements which make the area more pedestrian friendly. Please also see the Land Use Element for a s; more detailed description of the potential for mixed use development in existing commercial areas, including the Village and Highway nt. The City also has a number of walled and gated communities, many of which are adjacent to existing commercial development, schools or other public facilities: In most cases, however, these adjacent facilities are not directly accessible. A simple design retrofit can encourage X: pedestrian and bicycle access to these facilities: the creation of a pedestrian gate in a wall can eliminate the need to drive through and around to that same adjacent commercial, school or public use. Bg=fitting City Facilities The City has an opportunity to lead by example in developing and ' implementing resource efficient policies and programs. La Quinta has made strides towards this goal by implementing its Landscaping Ordinance, Greenhouse Gas Reduction Plan and ustainabilit Program. These programs must be flexible and have the ability to evolve and grow over time, as funds permit and opportunities arise. \, Deleted: sustai Please also see the Air Quality Element. \ nobility The City should regularly monitor and amend the Landscape Ordinance to abide by new technologies and requirements of the Coachella Valley Water District, J and should retrofit existing City properties and new buildings with water saving irrigation technology, recycled water when possible, and reduced use of turf in landscaping. The City can also reduce indoor water use by installing water efficient fixtures, such as low flow toilets, sinks, and showers, provided in California GreenCodes. Energy conservation should also be a priority. Many of the measures used to conserve energy will also help the City meet the targeted reductions in the Greenhouse Gas Reduction Plan. The Plan provides a list of measures, such as the installation of solar panels on building rooftops and carports, upgrading HVAC units with energy efficient systems, and converting the City's fleet of vehicles to alternative energy vehicles. The City can capitalize on rebate programs and other incentives to reduce costs associated with these programs. LIVABLE COMMONITY 11-15z Deleted: progr ams / Deleted: SUST i AINABLE r 36 6. Neighborhoods and public places. 7. An interconnected, complete and varied transportation system that -- provides access to transit, walking and bicycling options. 8. A healthy environment free of pollution or health hazards. Access to healthy foods, pedestrian friendly environments and adequate recreation are all factors related to improving the health of residents. For example, a city can improve its residents' health by . encouraging inter -connected walking paths in and through proposed ' projects; developing a community garden in a city park, and implementing exercise classes at its community center. Cities can also influence other agencies to improve health — working with school j districts to change lunch options in schools to include more fresh fruit and vegetables; or encouraging major employers to include workout rooms in their buildings. Of particular concern in cities is the access to >. fresh and healthy foods for poorer populations. Reaching those economic segments through community gardens and farmers markets, as well as school lunch programs, is critical to the effort. The principles ` of a healthy city tie closely to those of resource efficient development and a livable community, and should all work together to improve the o quality of life for all residents. ni ced: a to on a more local level, the Healthy Eating Active Living (HEAL) Cities Campaign was recently established to help city officials adopt policies that promote healthy environments and physical activity within their community. In zoio, La Quinta joined HEAL, and committed to promoting the Campaign's healthy living policies. The City has committed to promoting healthier food choices, providing adequate recreation and wellness opportunities, and regulating the built environment to encourage physical activity. A number of programs and activities can be implemented to promote and expand the HEAL program in La Quinta, including: MMWNITY 11-154 Promoting farmers' markets. Farmers markets bring fresh fruits, vegetables, meats, and fresh baked goods directly to their consumers. The City currently has a Farmers Market in Old Town, and should encourage others in activity centers in other parts of the City, to broaden their reach. Creating a community garden. Co space in public parks (or at the Civic mmunity gardens provide Center) for residents to grow their own fruits and vegetables. They are also great public spaces for social interaction and learning. • Promoting recreational activity. La Quinta provides numerous is parks, trails and open spaces for residents to walk, play sports, and enjoy the outdoors. The Fitness Center and Senior Center also provide a range of options, both through organized classes and individual exercise. Pedestrian connectivity with residential areas is vital for encouraging residents to use these facilities. • Providing safe routes to school. The State's Safe Routes to School Program provides funding for improvements which make children's walk or bicycle ride to school safer. The City has constructed several such improvements, and will continue to apply for funding in the future. The City is also implementing HEAL with its own staff, and has offered: • Employee Health Fairs and Health Education Information. • Fitness programs for employees that may include exercise, physical activity through walking, and weight loss components. • Daily 15 minute walking breaks in the Civic Center Campus. • An Employee Assistance Program for help with addictions, work or relationship conflicts, emotional, legal, financial and health , issues. • Use of the La Quinta Fitness Center. The employee wellness programs enacted by the City can spread throughout the community. City employees who participate in health programs will be able to share their experiences and the benefits of healthy living with friends and family. PLANNING FOR THE FUTURE Expanding the City's livabirit will beanongoing challenge throughout the build out of the City and its Sphere of Influence. It will require a Deleted: a t multi -pronged approach which affects and improves all components of the community, existing and future. Implementing such onncioles in the City will change and improve its character, rovidin the Deleted: ®1 development opportunity to tie existing neighborhoods to new mixed use and WHARM commercial projects. Deleted: and must tie The built environment has a tremendous effect on residents' health and safety, and planning for and constructing a built environment that " Deleted: SUSTAINABLE kE COMMUNITY II 155 JV., 364 • Program SC-t.z.c: Aggressively pursue grants and other outside funding sources for City -funded and private sector water conservation improvements. d• PolicxSC-1-3 Encourage the use of more environmentally friendly storm water management techniques such as bioswales, permeable surfaces and other methods as they are developed, in all new development. • Program SC-1.3.a: The Public Works Department shall prepare and distribute materials on environmentally friendly storm water management techniques for new development. ❖ Policy SC-1.4 Reduce Greenhouse Gas emissions at a minimum consistent with the Greenhouse Gas Reduction Plan (also see Air Quality Element).. • Program SC-1 4.a: Require all new development proposals to demonstrate consistency with the Greenhouse Gas Reduction Plan. • Program SC-14.b: Revise the Transportation Demand Ordinance to current standards, and implement it with all new qualifying projects. • Program SC-14.c: Develop programs to encourage and incentivize the installation of energy efficient appliances and fixtures, green roofs, white roofs and solar panels on residential, commercial, institutional and resort buildings. ❖ Policy SC-1-5 All new development shall include resource efficient development m® principles. Deleted: mab • Program SC-1.5.a: All new development shall be constructed to meet or exceed CalGreen Building Codes. • Program SC-1-5.b: Amend the Zoning Ordinance to provide incentives and development standard concessions for mixed use or energy efficient design. • Program SC-1.5.c: New development projects shall include vehicular, pedestrian and bicycle connections to the greatest Deleted: SUSTAINABLE LE COMMUNITY I I-tg7_ 36 y'♦ 1 extent possible, both through the project and connecting to adjacent projects. • Program SC-1.5.d: New commercial and mixed use projects shall incorporate useable public spaces, and interconnect those public spaces consistent with resource efficient design principles. Deleted: Sin Policy SC-1.6 Expand the City's alternative transportation network. • Program SC-i.6.a: Assess the current gaps in the city's multi -use path and sidewalk system, and program improvements to connect those gaps into the Capital Improvement Program. • Program SC-i.6.b: Encourage existing walled communities to include pedestrian gates and paths to adjacent development to improve connectivity. • Program SC-i.6.c: Expand the Golf Cart Routes to interconnect throughout the City to the greatest extent possible. • Program SC-i.6.d: Work with SunUne Transit Agency to expand service into La quinta neighborhoods ahead of demand. V POlicy SG1.7 Encourage the retrofitting of existing buildings and projects with resource efficient design principles to the greatest extent possible. Program SC-1.7.a: Amend the Zoning ordinance to provide 13M,Deleted: Me • incentives for the redevelopment of existing projects to include residential development, pedestrian and alternative transportation connections and improvements, and other design features. • Program SC-1.7.b: Develop an enhanced program for the processing of entitlements for redevelopment projects which incorporates substantial resource efficient components, or propose conversion to mixed use. - Deleted: ai b • Program SC-i.7.c: Develop a financial incentive program for development creative redevelopment of commercial projects into mixed use projects, particularly those that provide added economic Deleted: sus! development benefit to the City. ; AINABLE NBLE COMMONITY I I-t 58 ECONOMIC DEVELOPMENT PURPOSE The Economic Development Element is intended to establish a framework for the maintenance and expansion of a healthy economic climate in La Quinta. The City's economic health is vital to everyone — residents, business people, and visitors. As such, this Element is intended to guide decision makers to assure that the City offers a balanced job market for its residents; high quality retail and office developments for business owners; and healthy sales and property tax revenues to fund City services, programs and activities. This Element has been prepared at a time when the City' economy has been significantly impacted by the recession of 2008-2012. Economic cycles, however, will result in good and bad economic times in the City during the life of this General Plan. In zotz, the City has the opportunity to plan for the next economic upturn and assure that the City's economy expands and is successful when growth once again occurs. This Element also provides guidance to assure that the City's economy provides sufficient revenues to maintain and improve City services through 2035. The Economic Development Element is most closely tied to the Land Use Element, insofar as the pattern and balance of land uses in the City are key to assuring a healthy economy. It is also associated with the Circulation Element — both in the need to provide easy access to job centers and shopping, and the need to generate adequate revenue to fund the high cost of roadway maintenance and improvements; the JLivable Community Element, which strives to establish a framework for a jesource efficient environment in all aspects of City life; and other # Deleted: Elements, including Parks and Recreation, Open Space Deleted: seltsustafnmg and Housing, which all are associated with quality of life. Formatted: Not Highlight ECONOMIC DEVELOPMENT I I-t 63 'r , 3 6 i destination resort community adds..depth to the economy, while generating lower annualized demand for roads, public services and utilities. Goff Courses and SilverRock Resort The City's winter residents and visitors have long been attracted to the many golf courses that have been developed in the City. Much of the single family residential development in the City is built around these golf courses. Golf is a revenue generating industry in the City, both in terms of retail sales, and in terms of the increased disposable income golf -oriented visitors and residents bring to the City. Golf has also been a successful marketing tool for the City. The City promotes golf and recreation in its marketing efforts across the country. In addition, professional golf tournaments in La Quinta have raised the public awareness of the City as a destination. The SilverRock Resort represents a potentially significant economic development opportunity for the City. SilverRock is a 525 acre property on which the City's golf course has been developed. The course has hosted professional and amateur tournaments, and has been a featured course in the PGA's Bob Hope Classic in the past (the tournament is now the Humana Challenge). The golf course is the first phase of an adopted Specific Plan for the entire property. The Specific Plan includes two hotels, one a boutique hotel, as well as resort retail and related development. Prior to the current economic downturn, the City had actively marketed the hotel and resort commercial development, and was actively working toward its implementation. The current market has stalled these development plans, but the City can expect that in the next economic cycle, the development opportunities offered by SilverRock will be significant. It will be important to conduct outreach activities with potential developers, local stakeholders, event sponsors, and the local community to ensure future development of SilverRock embraces current and future trends, such as health and wellness, in order to remain relevant As the revenue potential for this property is tied to golf, the City's oe{�^ad: and continued marketing of the golf course, and its use for professional and amateur events, will continue to be significant to the City's long term economic health. The land around the existing golf course is planned for hotel and resort retail development. ECONOMIC DEVELOPMENT II-tb8 _. t.,_ 363 contribute to the City's long term financial health. Vacant land within the La Quinta Auto Center, and lands planned for auto dealerships in the Dune Palms and Highway rn Specific Plan must be preserved for these uses; and active recruiting to develop these properties will continue to bean important economic development strategy. Highway tii also provides the City with the best opportunity for Mixed Use development — or more specifically the integration of more intense residential development. Its access to transit, and proximity to employment centers, schools and other services make it ideal for mixed use projects. These projects in the future may include retail below residential units, but could also include residential projects next to existing or future commercial development. Mixed Use projects serve multiple purposes: they bring residents close to shopping and employment opportunities, which is good for the businesses because their customers are close at hand; they lower the number of vehicle ' trips by allowing people to walk between home and work or home and shopping, and they help the City meet its regional planning goals established in the Southern California Association of Governments ustalnabl Community Strategies. The Land Use Element and the ivable Community Element provide ;_ greater detail on Mixed Use development in the Highway tit corridor. ' Deleted: m, nab'I� The Village The City has also seen the expansion of the Village as a specialty retail district with a focus on cultural and special events and venues. The Village has established its identity in part through the Civic Center and Park, which also includes the Library and Senior Center; the La Quinta Arts Festival, which occurs on the Civic Center campus annually; the development of the Old Town shopping and dining area, which has provided a focus for the specialty retail market; and through the conversion of single family homes to offices and restaurants. Critical to its economic health is the expansion of this retail niche, and the continued attractiveness of residential living in a pedestrian -friendly environment. The Village can provide another opportunity for Mixed Use development in the City, but on a completely different scale than the Highway n1 corridor. Mixed Use development in this neighborhood will be of a smaller scale, consistent with the commercial development in the area, and will integrate with the existing mix of single family homes and smaller apartment projects that already exist in the area. The Village is also the commercial area for the Cove, being located at the base of the Cove. It has taken advantage of this position in the . past, and will continue to do so into the future. ECONOMIC DEVELOPMENT 11-17o -Ir: 369 The Village will continue to be challenged by its isolated location, and its small land area. It has not yet developed to its full potential, and can provide La Quinta's residents and visitors with a greater range of shops and businesses, all located in easy walking distance for most. As it expands, the Village will need to include pedestrian and golf cart facilities, shaded paseos and seating, and an interconnection of projects that make it an all day destination for shoppers and business people. The Village also will benefit from offering full time residents jobs, shopping and entertainment opportunities, so that activity and revenues are not dependent i Please also see the Land Use The City's Economic Develooi The City maintains an Economic ueveiopmenc Flan, upaarea annually, +; that helps guide its economic development efforts. The Plan's primary focus is on the long term economic health of the City, as opposed to immediate short term economic influences. As such, it provides the City's decision makers and staff with a vision for the economic future of the City. However, since the Plan is updated annually, it allows the s` City to consider changes to its economic development policies based on current trends. The Plan supports the City's active involvement in economic development. Historically, this has included active recruiting of businesses, the commitment of funds to assist with infrastructure and other costs, and working closely with property owners, developers, and brokers in the recruitment and retention of businesses, and the diversification of the City's economy to take advantage of emerging economic trends, and fill gaps in the existing market. As the City continues to grow and mature, the Plan must also address changes in the Highway m corridor, and the reuse and redevelopment of retail centers in this area. Changing Municipal Revenues The most significant challenge for the City in the short term implementation of the Economic Development Plan is the 2012 loss of the La Quinta Redevelopment Agency. The Agency contributed significantly to the City's ability to promote economic development projects, and its elimination will significantly impact the City's ability to '. participate in economic development through infrastructure investment and land acquisition. The City must look to creative ECONOMIC, DEVELOPMENT 11_i71 y 310 the cost of living adjustments, which could be another constraint on affordability. The current uncertainty in the lending industry may lead to more stringent credit requirements and lead to increased interest rates, which change significantly and substantially impact the affordability of the housing stock. Typically, conventional home loans will require 5 to zo percent of the sale price as a down payment, which is one of the largest constraints to first-time home buyers. When interest rates are low, they are not generally a serious constraint to affordable housing. Further, lower interest rates help support home purchases by low and moderate income households, who may not be able to qualify at higher rates. Homeowners' Association In many golf course, lake, gated, or planned development communities, homeowners are charged mandatory monthly homeowners association dues. Homeowners association dues typically cover maintenance of common grounds and structures, pool and recreation areas, streetscapes and landscaping, guard gates, and -' personnel (if applicable). Even maintenance of residential structures and yards are often covered, depending on dwelling type and ownership status. While the initial purchase price of units within such communities may be affordable to moderate income households, the addition of a substantial monthly homeowners' association fee into the total housing payment (principal, interest, taxes and insurance) can easily cause the monthly payment to exceed 30 percent of household income. Other Non -City Constraints Although not a direct market or governmental constraint, the common perception of affordable housing by the public is that it is undesirable in their community. This may constitute a constraint on a local jurisdiction's ability to approve otherwise appropriate projects. Long- term education, superior project design, and economically integrated projects incorporating a portion of affordable units are essential. Good management practices and a continuing opportunity for public . involvement may also help alleviate these perceived constraints. The quality and advancement of affordable housing may be greatly bolstered by press covering Vista Dunes, the first LEED Platinum certified affordable multifamily project of its size in the country. This project, and other planned affordable projects, will make La quinta a m HOUSING 11_�55 311 HOUSING I I-256 case study for realizing attractive and resource efficient affordable housing development. ` Deleted: usta bl - Governmental Constraints Actions by the City that impact the affordability of homes occur in two ' broad areas. First, the City has traditionally exercised authority in the ' areas of land use controls, site improvement requirements, building codes, fees, and other regulatory programs. Secondly, by acting through the La Quinta Redevelopment Agency (Agency), the City can r use funds appropriated to expand and improve the supply of housing affordable to lower and moderate income households. Agency strategies include second trust deed home purchase loans, residential rehabilitation loans, and acquisitionlrehabilitationfresale of dilapidated vacant homes. General Plan Land Use Designations The 2002 Land Use Element establishes the maximum and minimum housing density for five residential land use designations from Very Low Density (up to 2 units per acre) to High Density (up to 16 units per acre). Four nonresidential land use designations also allow for the construction of housing at densities up to 16 units per acre. After the implementation of Programs 1.5 and 1.6, the City will permit residential - development between 12 and 24 units per acre in the Village Commercial designation and other specified commercial districts. Implementing Program 1.7 will increase the maximum density in the High Density district from 16 to 24 units per acre. It is the established policy of the City to maintain the community character of high design standards and relatively low densities for all new development, including affordable housing projects. Density is, in theory, a critical factor in the development of affordable housing. In theory, maintaining low densities typically increases the cost of construction per unit. Higher density improves housing affordability . because it lowers the per -unit land cost (although the overall land cost per acre may be higher than for lower density uses) and facilitates efficient construction. However, the City of La Quinta has successfully supported the construction of affordable housing at densities lower than 20 units per acre, and as low as 4.5 dwelling units per acre. The density ranges allowed for each residential district used to calculate housing at buildout are listed in Table II.S% Attached residential development that is still consistent with the Clty's Delleted: Table character through architecture and massing has successfully been . implemented through a number of mechanisms, including clustering of 312 third -party certification process, have different environmental goals, and apply to different types of development. Green Builder is a voluntary environmental building and certification r_ program for residential construction. The program focuses on five major areas of certification: energy efficiency, water conservation, wood conservation, advanced ventilation, and construction waste diversion. Certified homes will incorporate water -efficient landscaping " and fixtures, utilize high efficiency insulation and ventilation systems, contain environmentally sound building materials, initiate waste reduction methods during construction, and be 15 percent over existing Title 24 energy efficiency standards. As previously noted, the new Title 24 requirements will require new construction to be zz percent over the current standards. Green Builder has an existing partnership with Imperial Irrigation District (IID) and Burtec Waste and Recycling Services (Burrtec) for builder and homeowner incentives. IID provides efficiency diagnostics, inspections, and a certification, which lead to financial incentives; and Bur tec provides a 15 percent-3o percent discount to builders for bin removal services. LEED is a national rating system for green buildings. Primarily focused on commercial and multifamily residential projects, LEED requires the developer to register their project with the US Green Building Council, who in turn reviews the project for conformance and assigns points based upon various efficiency, Jnaterials quality, and design factors. Once the Council has reviewed the project, it issues a certification based upon the number of points achieved in each category. oeie`ed: j�s a One of the ways municipal governments incorporate LEED as a green building program is to encourage or require certain types of buildings or .all construction over a certain square footage, to achieve a particular level of LEED certification. Vista Dunes Courtyard Homes The La Quinta Redevelopment Agency purchased the Vista Dunes Mobile Home Park in order to redevelop a dilapidated, 1950s travel trailer mobile home park with permanent affordable rental housing. Located at 78-990 Miles Avenue (just west of Adams Street), the design consists of 8o courtyard -oriented single-family and duplex homes. HOUSING 11-294 37 Les Johnson ATTACHMENT # 3 From: Joe Lim <jlim@indio.org> Sent: Tuesday, December 18, 2012 11:15 AM To: Les Johnson Cc: City Managers Office, Council; Dan Martinez; Grant Eklund; Tom Brohard Subject: La Quinta General Plan Final EIR Dear Les, We appreciate having received the responses to our comments regarding the La Quinta General Plan, however, we don't believe the responses fully address the concerns raised by the City of Indio's Traffic Engineer and further raise other concerns based on those responses. Additionally after further discussion with City of Indio Public Works staff, the response stating that there were "several discussions between the City Public Works Director and the Indio Traffic Engineer", is inconsistent with actual staff communications, particularly as it relates to the various recommendations to mitigate significant traffic impacts in the City of Indio caused by the intensified land uses in the City of La Quinta and its sphere of influence. Several of the responses to our comments states that the difference in volumes on certain segments result from the "channeling of the difference" to roadways where capacity will be available to accommodate future volumes. Those areas where your consultant has "channeled" traffic appears to go to roadways including Highway 111 and to Jefferson Street that, according to the traffic analysis, do not have additional capacity. This channeling also appears to consistently be directed to the east where roadways and intersections are shared between the City of Indio and City of La Quinta. The response where "the traffic model assigns traffic based on current and long-term movement patterns", is inconsistent with the "channeling" to take advantage of those roadways with available capacity. We believe that it would be . prudent to further discuss this model and methodology when creating such impacts that would affect the neighboring jurisdiction, particularly since the City of La Quinta has either minority or equal jurisdiction at several impacted intersections shared with the City of Indio. While I did briefly speak with David Sawyer last week about some of these concerns the discussions should really have taken place between the respective Public Works and Engineering divisions that deal with traffic. As I mentioned to Mr. Sawyer the greatest cause for the mitigation measures identified by your traffic consultant are a result of the desire to maintain the LOS "D" at those intersections that have shared jurisdiction. The problem is that many of those intersections have been designed and are already developed at their "ultimate" configurations. Additional roadway improvements are impractical given the costs to obtain right-of-way and construct improvements for such a small time period during peak hours during the peak season when the respective intersections are forecast at a LOS "E". We believe requiring a LOS "D" and then overriding the mitigation measures, many of which occur in the City of Indio is inappropriate and irresponsible. If La Quinta's desire is to keep intersection LOS `D" then the mitigation measures identified should be implemented at La Quinta's expense since the traffic analysis and impacts are being caused by the intensified land uses being contemplated within the City of La Quinta and its sphere of influence. While I appreciate the time that you personally took to speak with me this morning about the City's concerns, we respectfully request that the City of La Quinta consider delaying action on the Final EIR, correct issues with improper traffic channeling, reconsider its LOS "D" standard and also allow LOS "E" under certain conditions thereby eliminating the need to override several of the mitigation measures, and clearly identify improvements within the City of Indio required to achieve the desired LOS. 1 314 Joseph Lim, AICP Planning Manager City of Indio 100 Civic Center Mall Indio, CA 92201 760-541-4255 (direct) 760-391-4027 (fax) Notice: This email message, including any attachments, is intended for the sole viewing and use of the individual or entity to which it is addressed, and may contain confidential and privileged information, which is prohibited from disclosure. Any unauthorized review, use, disclosure, distribution, or the taking of any action in reliance on the information contained in this email, including attachments, is prohibited. If you are not the intended recipient, you are hereby notified that any dissemination or copy of this message, or any attachment, is strictly prohibited. If you have received a copy of this email in error, please notify the sender by reply email immediately, and remove all copies of the original message, including attachments, from your computer. Y 375 ht-: N g-1 February 19, 2013 Mr. Mayor and Council Members May I begin by thanking you for the opportunity to proffer our verbal and written comments about the General Plan. However, given the serious issues affecting how we plan our communities, we still believe it is imperative that the Adoption of the General Plan be continued again. For example, in... Chapter I — Administration fpg.1-91 "California Government Code Section 65103(c) REQUIRES that local jurisdictions IMPLEMENT the General Plan once it has been adopted." Once you adopt this "draft" you are REQUIRED to IMPLEMENT. Is it not wise to make sure this is what you want to impose on our City? Everyupdate of our General Plan reinforces and expands upon the range and scope of the cities "Qolice Dowers.' What are we sacrificing with each expansion of these powers? Chapter I (Pa 1.2 & 1.31 the Preamble to the Community Vision Section of Chapter 1 is different from the one shown on tonight's RECOMMENDED ACTIONS: BACKGROUND/ANALYSIS: They must be compared and redefined. In both, the word "INTENT" is used. But how sufficient are good intentions when this document is in the hands of future councils? Whereas, when you, as city council, took the Oath of Nlegiance, you "AFFIRMED" that you will support and defend the Constitutions of the United States and the State of California against all enemies, foreign and domestic..." We might add that we affirm that we will uphold Individual rights and freedoms, protecting property rights, while enhancing and Improving our quality of life in La Quinta. In your prior RECOMMENDED ACTIONS dated December 18, 2012, We previously commented on Agricultural Resources which stated... "... indirect pressures may encourage agricultural landowners to sell or develop their land." We found this referenced under CEQA FINDINGS & STATEMENT OF FACTS. It was NOT corrected or changed. What does indirect pressures mean? Prior correspondence stressed the fact that "words have power and meaning" Focus had been placed upon the word "sustainable" Our objection was not about a word, but rather the underlying meanings and principles behind the word. This latest draft misses that point. What is the City's guiding principles behind these words ... not just doing a word search to substitute one for another, but what are your guiding principles? Chapter II —COMMUNITY DEVELOPMENT LAND USE: We are concerned about the placement of Golf Courses under the new designation of Recreational Open Space. Its previous designation was Low -Density Residential. As per the Global Biodiversity Assessment: Section 10, Golf Courses are considered "unsustainable." Why can't the designation be "Resort Mixed Use5ourist Commercial? • CIRCULATION: Concerned requirements taken from the GP: Page 11-32... "the State's GHG reduction goals will REQUIRE a reduction in how much the average Californian drives as well as a change in the type of vehicles we drive. This is "behavior modification." Page 11-33... 'State MANDATES combined with sound community planning can do much.." "behavior modification. Page 11-35..."The MANDATES associated with SB 375 REQUIRE increased vehicle occupancy, mixed - use and transit oriented development, and use of mass transit systems..." "..impacts from noise, and vehicle emissions can be minimized by shortening or eliminating vehicle trips." "behavior mod cation" So, you are going to require me to shorten or eliminate my driving trips requiring me to "make other choices," AND I must have increased vehicle occupancy such as "carpooling; OR I will be required to take the bus? Again, this is "behavior modification"... You can remove those 2 words, but the intent is still there. Page 11-37... "Calming is typically accomplished by imposing CONSTRAINTS on movement and by providing less generous roadway paved sections. (I previously spoke about the UN Biodiversity Assessment Report —wherein they said these are NOT sustainable... ski runs, grazing of livestock, building fences, paved roads, etc.?) Page 11-49... Complete Streets: "Planners must find innovative ways to reduce vehicle miles traveled and to shift from short trips in the auto to biking, walking and use of public transit.* So, when picking up clothes from the cleaners, we should just drape them over the handlebars? LIVABLE COMMUNITY: Under Agenda 21 terms, Sustainable and Livable are one and the same. The question is, "What are your underlying principles?" Page 11-147: Under Public Spaces... "EYES ON THE STREET...' Is Big Brother watching? Under Transportation... (Paraphrasing) "The City's Greenhouse Gas Reduction Plan includes a number of strategies ... AND HELP TO REDUCE GLOBAL WARMING." On what authority is that based? Does Global Warming drive your underlying principles? Page l l-153: A Healthy City. "The "Healthy City" movement extends to the International level, including an effort by the World Health Organization (WHO) to develop a network of cities across the world who commit to addressing the social, economic and political issues associated with health..." This is "behavior modification' WHO is an Agency of the United Nations. There are many more areas of concern. Deletions/corrections were noted and made by your staff on January 28, 2013. Offers of help or assistance were given to you and the Planning Department, free of charge, to assist with addressing those areas infringing on the people's rights and freedoms. As it stands, this document lends itself to forms of social engineering and control, behavior modification and manipulation with incentives and encouragement If our offer of help and assistance had been accepted, no continuance would be necessary tonight. In closing, I would like to mention the Humana Challenge —they had a bicycle there that the public could peddle, which in turn would produce enough electricity to use a blender. Pretty neat, huh? I have mentioned before a recent book entitled "Agenda 21," which is fiction, about a young gid who was REQUIRED, along with others, to peddle her bike daily to produce energy / electricity for the compound where she lived. I do not want my child or grandchild peddling for their electricity!! It seems unbelievable, but with the path we are on, it could become reality. THANK YOU FOR YOUR CONSIDERATION. Neeta Quinn