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2013 08 06 CC
City Council agendas and staff reports are now available on the City's web page: www.Ia-quints. org CITY COUNCIL AGENDA CITY HALL, 78-495 Calle Tampico, La Quinta REGULAR MEETING ON TUESDAY, AUGUST 6, 2013 3:00 P.M. CLOSED SESSION 1 4:00 P.M. OPEN SESSION 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 LEGAL COUNSEL, EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a), CITY OF LA QUINTA, ET AL. v. MATOSANTOS, ET AL., SACRAMENTO COUNTY SUPERIOR COURT CASE NO. 34-2013-80001485 2. CONFERENCE WITH THE CITY'S REAL PROPERTY NEGOTIATOR, FRANK J. SPEVACEK, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED AT DUNE PALMS ROAD AND HIGHWAY 111 (APN: 600-020-053). PROPERTY OWNERS/NEGOTIATORS: GEORGE VELARDE CITY COUNCIL AGENDA 1 AUGUST 6, 2013 RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. 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 1 . SHERIFF SNIFF PRESENTATION WRITTEN COMMUNICATIONS — NONE APPROVAL OF MINUTES PAGE NO. 1 . MINUTES OF REGULAR MEETING OF JULY 16, 2013 8 2. MINUTES OF SPECIAL MEETING OF JULY 16, 2013 14 CONSENT CALENDAR 1 . DEMAND REGISTER DATED AUGUST 6, 2013 18 2. CONTRACT WITH 0 & J GOLF CONSTRUCTION, INC., TO 36 RELOCATE IRRIGATION LINES FOR SILVERROCK CANAL RELOCATION, PROJECT NO. 2013-06 3. MONROE STREET MEDIAN LANDSCAPING MAINTENANCE 40 AGREEMENT AND ACCEPTANCE OF OFF -SITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP NO. 31 681-3, ANDALUSIA, CORAL OPTION I, LLC 4. DONATION FROM CRITES, GIBBONS, AND EDWARDS FOR 56 KITCHEN EQUIPMENT AT FIRE STATION #70 5. TRAFFIC SIGNAL MAINTENANCE AGREEMENT BETWEEN CITY 60 OF LA QUINTA AND CITY OF PALM DESERT CITY COUNCIL AGENDA 2 AUGUST 6, 2013 PAGE NO 6. DENIAL OF CLAIM FOR DAMAGES FILED BY MANUEL S. 72 OCHOA, JR; DATE OF LOSS - JANUARY 19, 2013 7. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH 74 TRI-STATE LAND SURVEYORS AND CIVIL ENGINEERING, INC. FOR CONSTRUCTION SURVEYING SERVICES 8. AGREEMENT BETWEEN CITY OF LA QUINTA AND COACHELLA 92 VALLEY WATER DISTRICT FOR ADJUSTING VALVES AND MANHOLES RELATED TO STREET IMPROVEMENT PROJECTS 9. AGREEMENT WITH DESERT SANDS UNIFIED SCHOOL DISTRICT 104 FOR FUNDING AND PLACEMENT OF THREE SCHOOL RESOURCE OFFICERS 10. AMENDMENT TO THE CITY'S LAW ENFORCEMENT SERVICES 108 AGREEMENT WITH RIVERSIDE COUNTY 11. RESOLUTION ADOPTING RECORDS RETENTION SCHEDULE FOR 112 CITY DEPARTMENTS AND APPROVING DESTRUCTION OF RECORDS IN ACCORDANCE HEREWITH [RESOLUTION 2013-0361 12. EXCUSE COMMISSIONER ROBERT WILKINSON'S ABSENCE 150 FROM THE JULY 23, 2013 PLANNING COMMISSION MEETING 13. EXCUSE COMMISSIONER ED ALDERSON'S ABSENCE FROM 152 THE JULY 23, 2013 PLANNING COMMISSION MEETING 14. REQUEST FOR PROPOSALS TO OBTAIN DESIGN -BUILD 154 SERVICES FOR LA QUINTA COMMUNITY HEALTH AND WELLNESS CENTER, PROJECT NO. 2013-1 1 15. RESOLULTION SUPPORTING THE REDESIGNATION OF 158 RIVERSIDE COUNTY AS A RECYCLING MARKET DEVELOPMENT ZONE [RESOLUTION 2013-0371 16. AUTHORIZE OVERNIGHT TRAVEL FOR TWO COUNCIL 168 MEMBERS AND CITY MANAGER TO ATTEND A MEETING WITH THE STATE OF CALIFORNIA DEPARTMENT OF FINANCE AND COURT HEARING IN SACRAMENTO, AUGUST 8-9, 2013 CITY COUNCIL AGENDA 3 AUGUST 6, 2013 PA(W: Mn 17. PROFESSIONAL SERVICES AGREEMENT WITH THE TALL MAN 170 GROUP FOR REAL ESTATE ANALYSIS AND APPROVAL OF APPRORIATION 18. GRANT OF EASEMENT AND AGREEMENT FOR DRAINAGE 206 PURPOSES ON FRED WARING DRIVE FROM LA QUINTA PALMS HOMEOWNERS ASSOCIATION STUDY SESSION - PART 1 1 . TECHNOLOGY IMPROVEMENT UPDATE 228 BUSINESS SESSION 1. PROFESSIONAL SERVICES AGREEMENT WITH FOX LAWSON & 234 ASSOCIATES TO CONDUCT A CLASSIFICATION AND COMPENSATION STUDY 2. FORMATION AND APPOINTMENT OF TWO MEMBERS TO AN 290 AD HOC COMMITTEE TO REVIEW GRANT REQUESTS STUDY SESSION - PART 2 2. GoREQUEST/GoENFORCE REPORTING SYSTEM UPDATE 292 3. BRAND IDENTITY REVIEW 308 REPORTS AND INFORMATIONAL ITEMS 1 . CHAMBER OF COMMERCE INFO EXCHANGE COMMITTEE (Evans) 2. CVAG CONSERVATION COMMISSION (Evans) 3. CVAG ENERGY & ENVIRONMENTAL RESOURCES COMMITTEE (Evans) 4. GREATER PALM SPRINGS CONVENTION & VISITORS BUREAU (Evans) 5. ANIMAL CAMPUS COMMISSION (Franklin) 6. CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (Franklin) 7. COACHELLA VALLEY ECONOMIC PARTNERSHIP (Franklin) 8. COACHELLA VALLEY MOUNTAINS CONSERVANCY (Franklin) 9. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (Franklin) CITY COUNCIL AGENDA 4 AUGUST 6, 2013 10. CVAG PUBLIC SAFETY COMMITTEE (Henderson) 11. CVAG TRANSPORTATION COMMITTEE (Henderson) 12. LEAGUE OF CALIFORNIA CITIES DELEGATE (Henderson) 13. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Henderson) 14. CVAG VALLEY -WIDE HOMELESSNESS COMMITTEE (Osborne) 15. IID ENERGY CONSUMERS' ADVISORY COMMITTEE (Osborne) 16. CVAG EXECUTIVE COMMITTEE (Adolph) 17. COACHELLA VALLEY WATER DISTRICT JOINT POLICY COMMITTEE (Adolph) 18. SO. CALIFORNIA ASSOCIATION OF GOVERNMENTS DELEGATE (Adolph) 19. SUNLINE TRANSIT AGENCY (Adolph) DEPARTMENT REPORTS 1 . COMMUNITY DEVELOPMENT DEPARTMENT — UPDATE ON TRACT 310 MAP NO. 32879, GRIFFIN RANCH MAYOR'S AND COUNCIL MEMBER'S ITEMS — NONE RECESS TO THE MEETING OF THE CITY AS SUCCESSOR AGENCY TO THE DISSOLVED LA QUINTA REDEVELOPMENT AGENCY 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). 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 be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City at, or prior to the public hearing. PAGE NO. 1. RESOLUTIONS TO APPROVE PLANS TO SUBDIVIDE AN 312 APPROXIMATELY 7.3 ACRE SITE INTO ELEVEN LOTS, LOCATED CITY COUNCIL AGENDA 5 AUGUST 6, 2013 NEAR THE SOUTHWEST CORNER OF MADISON STREET AND CALLE CONCHITA [RESOLUTION 2013-038, RESOLUTION 2013-0391 2. RESOLUTION APPROVING PLACEMENT OF PUBLIC NUISANCE 394 ABATEMENT ASSESSMENTS ON 2013/2014 PROPERTY TAX ROLL [RESOLUTION 2013-0401 3. RESOLUTION FOR A FIFTH EXTENSION OF TIME FOR SITE 401 DEVELOPMENT PERMIT 2003-762 FOR A 208-UNIT SENIOR LIVING COMMUNITY LOCATED AT THE NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 50 [RESOLUTION 2013-0411 ADJOURNMENT The regular meetings of August 20 and September 3, 2013 have been cancelled. The next regular meeting of the City Council will be held on September 17, 2013, commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. at City Hall, 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 August 2, 2013 DATED: August 2, 2013 SUSAN MAYSELS, City Clerk Public Notices • The La Quinta City Hall is a handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's office at 760-777-7123, 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 760-777-7123. A one (1) week notice is required. • If background material is to be presented to the City Council during a meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be CITY COUNCIL AGENDA 6 AUGUST 6, 2013 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 7 AUGUST 6, 2013 CITY COUNCIL MINUTES TUESDAY, JULY 16, 2013 A regular meeting of the La Quinta City Council was called to order at 4:26 p.m. by Mayor Adolph. PRESENT: Councilmembers Evans, Franklin, Henderson, Osborne, Mayor Adolph ABSENT: None PUBLIC COMMENT - None CLOSED SESSION By consensus of Council, this item was moved to the end of the agenda. CONFIRMATION OF AGENDA - Confirmed PRESENTATIONS 1. PROCLAMATION TO THE COMMUNITY SERVICES DEPARTMENT Mayor Adolph presented a Proclamation to the Community Services Department from the La Quinta Chamber of Commerce for collaboration with the Chamber of Commerce and local non-profit organizations and community groups. WRITTEN COMMUNICATIONS - None APPROVAL OF MINUTES MOTION — A motion was made and seconded by Councilmembers Evans/ Henderson to approve the minutes of July 2, 2013 as submitted. Motion passed unanimously. CONSENT CALENDAR 1. CONTRACT TO CONSTRUCT MISCELLANEOUS PUBLIC FACILITY IMPROVEMENTS TO COMPLY WITH AMERICANS WITH DISABILITIES ACT, PROJECT NOS. 2012-03, 2012-04, AND 2012-05 2. CONTRACT TO CONSTRUCT HIGHWAY 111 AT WASHINGTON STREET INTERSECTION IMPROVEMENTS, PROJECT 2011-01 CITY COUNCIL MINUTES JULY 16, 2013 8 3. PROFESSIONAL SERVICES AGREEMENT WITH GRAPHTEK INTERACTIVE FOR DIGITAL MARKETING SERVICES 4. THE COUNTY OF RIVERSIDE TO PLACE COLLECTION COSTS FOR SOLID WASTE HANDLING SERVICES AT SINGLE-FAMILY DWELLINGS ON THE TAX ROLLS [RESOLUTION 2013-0341 5. SECOND READING AND ADOPTION OF ORDINANCE NO. 516 AMENDING ALL MUNICIPAL CODE CHAPTERS RELATING TO BOARDS, COMMISSIONS AND COMMITTEES 6. pulled for questions > > > REVENUE & EXPENDITURE REPORT DATED MAY 31, 2013 AND INVESTMENT SUMMARY REPORT FOR THE QUARTER ENDING JUNE 30, 2013 7. TREASURER'S REPORT DATED MAY 31, 2013 8. DEMAND REGISTER DATED JULY 2, 2013 9. OVERNIGHT TRAVEL FOR TWO CITY COUNCILMEMBERS AND CITY MANAGER TO ATTEND THE 2013 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE IN SACRAMENTO, CA, SEPTEMBER 18-20, 2013 10. pulled - replaced with revised staff report > > > RESOLUTION ACCEPTING DEDICATION OF LOTS B AND OF TRACT MAP 3686, GRANTS OF EASEMENT AND AGREEMENT ACCEPTING RIGHTS -OF -WAY FOR MADISON STREET (BETWEEN AVENUE 58 AND AVENUE 60) AND CALLE CONCHITA, AND RECORDATION OF RESOLUTION 2003-003 [RESOLUTION 2013-0351 Councilmember Evans requested that Item Nos. 6 and 10 be pulled for separate votes. Council concurred. MOTION — A motion was made and seconded by Councilmembers Henderson/ Franklin to approve Consent Calendar Item Nos. 1-5 and 7-9 as recommended with Item No. 4 adopting Resolution No. 2013-034. Motion passed unanimously. Finance Director Bird provided additional information regarding revenues and the Capital Improvement Fund listed in Item No. 6. MOTION — A motion was made and seconded by Councilmembers Osborne/ Henderson to approve Consent Calendar Item No. 6, and Item No. 10 as amended, with Item No. 10 adopting Resolution 2013-035. Motion passed unanimously. CITY COUNCIL MINUTES 2 JULY 16, 2013 BUSINESS SESSION 1. NEW FINANCE AND HUMAN RESOURCES SOFTWARE SYSTEM AGREEMENT WITH TYLER TECHNOLOGIES, INC. Chris Escobedo, Assistant to City Manager, presented the report, which is on file in the City Clerk's Office. Mr. Escobedo provided additional information in response to Council questions. MOTION —A motion was made and seconded by Councilmember Franklin/Evans to approve the Agreement with Tyler Technologies, Inc. for new finance and human resources software, and authorize the City Manager to execute the Agreement in a form acceptable to the City Manager and the City Attorney. Motion passed unanimously. STUDY SESSION 1 . DISCUSSION OF VISTA SANTA ROSA SPHERE OF INFLUENCE (SOD Community Development Director Johnson presented the staff report, which is on file in the City Clerk's Office. Mayor Adolph explained that it is not in the City's best economic interest to annex the Vista Santa Rosa area; annexing this area would be a burden on La Quinta. He suggested that it is time to explore the County's position on this. Councilmember Osborne expressed concern about the City's exposure for future expenses attributed to this SOL Councilmember Henderson's position is to stay -the -course, carefully watch what all other agencies and cities are doing, jump before they act detrimentally to the City of La Quinta, and when issues arise, bring the matter to LAFCO (Riverside Local Agency Formation Commission). Councilmember Evans suggested that Council direct staff to send a letter stating that the City does not anticipate any changes to the SOI in the next five years. She agrees that the City should stay -the -course because there are no existing funds and no way to support an annexation. Ms. Evans said that Council must first focus on developing SilverRock, then it can discuss the SOI again. CITY COUNCIL MINUTES 3 JULY 16, 2013 it$] REPORTS AND INFORMATIONAL ITEMS As La Quinta's representative for 2013, Councilmember Franklin reported on her participation in the following organization's meetings: • COACHELLA VALLEY MOUNTAINS CONSERVANCY As La Quinta's representative for 2013, Councilmember Henderson reported on her participation in the following organization's meetings: • LEAGUE OF CALIFORNIA CITIES DELEGATE • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DEPARTMENT REPORTS City Manager Spevacek informed Council that an attempt is being made to revive AB 981, the Bill that would allow Successor Agencies access to 2011 RDA bond proceeds. La Quinta has $28 million in outstanding 2011 bonds so he has elected to join the working group that will push this bill forward and attempt to meet with the Governor to get his blessing on this Bill. City Manager Spevacek reported that State Department of Finance (DOF) staff and City staff attended a very cordial meeting hosted by State Assemblymember V. Manuel Perez. DOF staff provided clarification regarding procedures, which City staff will examine for opportunities to resolve disputes with the State. Councilmember Osborne, who also attended this meeting, said that he found it very concerning that the DOF has 122 law suits filed against them, yet DOF staff thought 122 was a very acceptable number. MAYOR'S AND COUNCIL MEMBER'S ITEMS Mayor Adolph stated that it was good to see Madison Club is finally landscaping the right-of-way on Jefferson between Avenues 52 and 54. Councilmember Franklin said that the two City entrance signs are faded and tired. She would like Council and staff to start considering alternatives and improvements. PUBLIC HEARINGS — None COUNCIL RECESSED TO CLOSED SESSION A T 5: 40 P.M. CITY COUNCIL MINUTES 4 JULY 16, 2013 is CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a), CITY OF LA QUINTA, ET AL. v. MATOSANTOS, ET AL., SACRAMENTO COUNTY SUPERIOR COURT CASE NO. 34-2013-80001485 2. CONFERENCE WITH THE CITY'S REAL PROPERTY NEGOTIATOR, FRANK J. SPEVACEK, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING THE POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED AT SILVERROCK RESORT (APN'S 770-200-026; 776-150-021; 776-150-023; 770-060-056; 770-060-057; 770-060-058; 770-060-059; 770-060-061; 770-060-062; 777- 490-004; 777-490-006; 777-490-007; 777-490-012 AND 777-490- 014). PROPERTY OWNERS/NEGOTIATORS: JOHN GAMLIN, MERIWETHER COMPANIES; ROBERT S. GREEN, JR., THE ROBERT GREEN COMPANY MAYOR ADOLPH RECONVENED THE CITY COUNCIL MEETING AT 6:59 P.M. WITH ALL MEMBERS PRESENT. NO ACTIONS WERE TAKEN INCLOSED SESSION THAT REQUIRES REPORTING PURSUANT TO GOVERNMENT CODE SECTION 54957.1 (BROWN ACT). ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Evans/Franklin to adjourn at 7:00 p.m. Motion passed unanimously. Respectfully submitted, SUSAN MAYSELS, City Clerk City of La Quinta, California CITY COUNCIL MINUTES 5 JULY 16, 2013 Ida 13 SPECIAL JOINT MEETING OF THE CITY COUNCIL AND HOUSING AUTHORITY MEETING MINUTES TUESDAY, JULY 16, 2013 A special joint meeting of the La Quinta City Council and Housing Authority was called to order at 1 :01 p.m. by Mayor Adolph and Chairperson Osborne. PRESENT: Councilmembers and Authority Members Adolph, Evans, Franklin, Henderson, Osborne ABSENT: None VERBAL ANNOUNCEMENT — AB 23 statement was made by the Authority Secretary. PUBLIC COMMENT - None CLOSED SESSION - None Mayor Adolph led the audience in the Pledge of Allegiance. CONFIRMATION OF AGENDA-- Confirmed CONSENT CALENDAR - None BUSINESS SESSION 1. INTERVIEWS AND APPOINTMENTS TO BOARDS, COMMISSIONS & COMMITTEES Mayor Adolph thanked all applicants for their willingness to serve the City, and explained the process Council would follow in conducting the interviews and appointments. City Clerk Maysels held a random drawing resulting in the following order: 1 . Investment Advisory Board 2. Architectural & Landscaping Review Committee 3. Housing Commission 4. Planning Commission 5. Community Services Commission 6. Historic Preservation Commission 7. Construction Appeals Board SPECIAL MEETING CITY COUNCIL AND HOUSING AUTHORITY JULY16, 2013 14 (1) INVESTMENT ADVISORY BOARD The following applicants gave a brief presentation on their qualifications followed by a question and answer period between Council and the applicant: ❖ Garry Barnes — conference call interview ❖ Kurt Mortenson — Skype interview ❖ David Park — in -person interview ❖ Andrea Spirtos — in -person interview ❖ Ronald Villa — Skype interview City Clerk Maysels collected, tabulated and announced the votes as follows: Councilmember Evans: Mortenson, Park, Spirtos Councilmember Franklin: Barnes, Mortenson, Park Councilmember Henderson: Barnes, Mortenson, Park Councilmember Osborne: Mortenson, Park, Spritos Mayor Adolph: Mortenson, Park, Spritos MOTION: A motion was made and seconded by Councilmembers Evans/Henderson to appoint the following citizens to the Investment Advisory Board for three-year terms: ➢ Kurt Mortenson ➢ David Alan Park ➢ Andrea Spritos Motion passed unanimously. (2) ARCHITECTURE AND LANDSCAPING REVIEW COMMITTEE The following applicants gave a brief presentation on their qualifications followed by a question and answer period between Council and the applicant: ❖ Richard Gray — in -person interview ❖ Ray Rooker — in -person interview (professional position) ❖ David Thoms — in -person interview City Clerk Maysels collected, tabulated and announced the votes as follows: Councilmember Evans: Gray, Rooker Councilmember Franklin: Gray, Rooker Councilmember Henderson: Gray, Rooker Councilmember Osborne: Gray, Rooker Mayor Adolph: Gray, Rooker MOTION: A motion was made and seconded by Councilmembers Franklin/ Henderson to appoint the following citizens to the Architecture and Landscape Review Committee for two-year terms: ➢ Richard Gray ➢ Ray Rooker (professional position) Motion passed unanimously. SPECIAL MEETING CITY COUNCIL AND HOUSING AUTHORITY JULY16, 2013 W1 (3) HOUSING COMMISSION Sue Marie Leidner — Ms. Leidner was unable to attend due to the date change. She sent a letter, which was read into the record by Community Development Director Johnson. Michele McDonough — Ms. McDonough announced that she wishes to WITHDRAW her application to the Housing Commission so that her application to the Community Services Commission could be considered later in the meeting. MOTION: A motion was made and seconded by Authority Members Evans/ Henderson to appoint the following citizen to the Housing Commission for a two- year term: ➢ Sue Marie Leidner — non -tenant position Motion passed unanimously. (4) PLANNING COMMISSION The following applicants gave a brief presentation on their qualifications followed by a question and answer period between Council and the applicant: ❖ Garry Barnes — conference call interview ❖ Javier Lopez — conference call interview ❖ Robert Wilkinson — in -person interview ❖ Robert Wright — in -person interview City Clerk Maysels collected, tabulated and announced the votes as follows: Councilmember Evans: Barnes, Wright Councilmember Franklin: Barnes, Wright Councilmember Henderson: Wilkinson, Wright Councilmember Osborne: Wilkinson, Wright Mayor Adolph: Wilkinson, Wright MOTION: A motion was made and seconded by Councilmembers Osborne/ Henderson to appoint the following citizens to the Planning Commission for two- year terms: ➢ Robert Wilkinson ➢ Robert Wright Motion passed: ayes 3 (Adolph, Henderson, Osborne), noes 2 (Franklin and Evans) (5) COMMUNITY SERVICES COMMISSION The following applicants gave a brief presentation on their qualifications followed by a question and answer period between Council and the applicant: ❖ John Alford — in -person interview ❖ William Baker — in -person interview ❖ Sharrell Blakeley — in -person interview ❖ Michele Lawrence — in -person interview ❖ Robert Leidner — Mr. Leidner was unable to attend due to the date change. He sent a letter, which was read into the record by Andrea Spirtos. ❖ Nancy Martel — in -person interview SPECIAL MEETING CITY COUNCIL AND HOUSING AUTHORITY JULY16, 2013 16 ❖ Michele McDonough — in -person interview ❖ Doriel Ann Wyler — in -person interview City Clerk Maysels collected, tabulated and announced the votes as follows: Councilmember Evans: Alford, Blakeley, Lawrence Councilmember Franklin: Alford, Blakeley, Lawrence Councilmember Henderson: Alford, Blakeley, Lawrence Councilmember Osborne: Alford, Baker, Leidner Mayor Adolph: Blakeley, Lawrence, Leidner MOTION: A motion was made and seconded by Councilmembers Evans/Franklin to appoint the following citizens to the Community Services Commission for two-year terms: ➢ John Alford ➢ Sharrell Blakeley ➢ Michele Lawrence (6) HISTORIC PRESERVATION COMMISSION (7) CONSTRUCTION APPEALS BOARD MOTION — A motion was made and seconded by Councilmembers Evans/ Henderson to forgo interviews and appoint the following citizens to the Historic Preservation Commission for three-year terms and to the Construction Appeals Board for an unlimited term: ➢ Historic Preservation Commission: Kevin Maevers (professional position) Peggy Redmon ➢ Construction Appeals Board: Joseph Venute (engineer position) STUDY SESSION - None REPORTS AND INFORMATION ITEMS - None CHAIR AND BOARD MEMBERS' ITEMS - None PUBLIC HEARINGS - None ADJOURNMENT There being no further business, it was moved and seconded by Councilmembers/ Authority Members Evans/Henderson to adjourn at 4:17 p.m. Motion passed unanimously. Respectfully submitted, SUSAN MAYSELS, City Clerk/Authority Secretary City of La Quinta La Quinta Housing Authority SPECIAL MEETING CITY COUNCIL AND HOUSING AUTHORITY JULY16, 2013 rA Taf 4 4 QU&M CITY SA / HA / FA MEETING DATE: August 6, 2013 ITEM TITLE: DEMAND REGISTER DATED AUGUST 6, 2013 RECOMMENDED ACTION: Approve Demand Register dated August 6, 2013. EXECUTIVE SUMMARY: None. FISCAL IMPACT: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 1 STUDY SESSION: PUBLIC HEARING: Demand of Cash: -- City $1,209,318.28 -- Successor Agency of RDA $ 22,438.65 -- Housing Authority $ 0.00 -- Housing Authority Commission $ 0.00 BACKGROUND/ANALYSIS: Between City Council meetings, there is a need to pay 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: 100111 - 1001311 100132 - 1001571 Voids} Wire Transfers} P/R 36884 — 368841 P/R Tax Transfers 100158 — 1002661 $ 138,614.93 $ 187,095.22 $ (0.00) $ 191,991 .79 $ 145,702.00 $ 38,217.74 $ 530,135.25 $1,231,756.93 18 In addition, listed below are the most significant expenditures being paid on the regular demand register. Significant Expenditures: Vendor: Account No.: Amount: Purpose: Rutan & Tucker Various $1 15,016.35 May -June Legal Services Golden Valley Cont. 401-1846-551 .45-01 $108,956.26 Roundabout Construction Ladeda, Mark 101-0000-228.10-00 $100,340.00 Developer Deposit Refund Tylin International 401-1762-551 .34-04 $ 85,627.18 May Professional Services SilverRock 601-0000-491 .95-10 $ 62,449.39 FF&E Reserve * *Annually, per the agreement between Landmark and the City, 2% of the revenue attributed to green fees is set aside in a reserve fund for future capital expenditures. None. Report prepared by: Sandra Mancilla, Account Technician Report approved for submission by: Robbeyn Bird, Finance Director Attachments: 1 . Wire transfers 2. Demand Register iN 0 w 0 r i 1 26 1 r i P1,012 ',.Lei pylglkylyli i; ► a ' $132,085.13 $2,696.34 $46,400.62 $9,734.85 299.44 $54185 $22.44 1 1,991.79 Pkil PREPARED07/11/2013, 17:00:08 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE I PROGRAM: GM346L ACCOUNTING PERIOD 2014/01 CITY OF LA QUINTA, CALIFORNIA REPORT NUMBER 4 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 100111 7100 ANDY'S #5 000034 07/12/2013 101-5055-422.43-61 32.53 32.53 # 32.53 100112 6835 APWA CV BRANCH 000032 07/12/2013 101-7002-431.51-01 75.00 75.0 # 75.00 100113 856 CALIFORNIA JOINT POWERS 1 000033 07/12/2013 101-1000-367.00-00 1,095.00 1,095.0 # 11095.00 100114 268 COACHELLA VALLEY WATER DI 002749 07/12/2013 401-1870-551.45-01 564.86 564.86 564.86 100115 7026 DIVISION OF THE STATE ARC 002757 07/12/2013 101-1000-380.50-00 255.00 255.00 255.00 100116 7099 FARMER BOYS 000034 07/12/2013 101-5055-422.43-61 217.28 217.28 * 217.28 100117 940 FUELMAN 002756 07/12/2013 501-0000-511.43-34 1,342.50 1,342.50 * 1,342.50 100118 36 HOME DEPOT CREDIT SERVICE VOIDED 100119 36 HOME DEPOT CREDIT SERVICE 002758 07/12/2013 101-3003-451.56-02 178.71 002759 07/12/2013 101-7003-431.56-49 75.04 002760 07/12/2013 101-7003-431.56-52 70.79 002761 07/12/2013 101-7003-431.56-52 60.37 002762 07/12/2013- 101-7003-431.56-52 6.47 002763 07/12/2013 101-5008-419.43-88 2.00 002764 07/12/2013 101-3003-451.56-02 113.67 002765 07/12/2013 101-7004-431.56-52 28.50 002766 07/12/2013 101-7003-431.56-52 50.22 002767 07/12/2013 101-7004-431.56-52 6.45 002768 07/12/2013 101-7003-431.56-52 54.29 002769 07/12/2013 101-3003-451.56-02 67.10 002772 07/12/2013 101-5055-422.43-61 13.83 002772 07/12/2013 101-3003-451.56-02 8.61 002772 07/12/2013 101-5055-422.43-61 3.26 002772 07112/2013 101-7003-431.56-49 52.66 002772 07/12/2013 101-5055-422.43-61 12.88 002772 07/12/2013 101-7003-431.56-52 14.01 002772 07/12/2013 101-7003-431.56-49 120.68 002772 07/12/2013 101-7004-431.56-37 147.33 002772 07/12/2013 101-7004-431.56-37 25.89 002772 07/12/2013 101-7003-431.56-58 8.36 002772 07/12/2013 101-7003-431.56-58 35.79 002772 07/1212013 101-7004-431.56-37 35.67 002772 07/12/2013 101-5008-419.43-88 21.85 002772 07/12/2013 101-7004-431.56-37 29.07 002772 07/12/2013 101-7004-431.56-37 23.44 002772 07/12/2013 101-7004-431.56-37 9.03 I "LE PED07/11/2013, 17:00® 8 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 2 PROGRAM: G36L ACCOUNTING PERIOD 2014/01 CITY OF LA QUINTA, CALIFORNIAREPORT NUMBER 4 BANK 00 WELLS FARGO BANK .__------------- ------------------------------------------------------ CHECK VENDOR VENDOR I --------------------------------- ---------------------------- VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO O NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 100119 36 HOME DEPOT CREDIT SERVICE 002772 07/12/201 01-7003-431.56-52 32.6 02772 07/12/2013 01-704-31.6-7 35.67 02772 07/12/2013 101-7 03-431.56-52 10.76 02772 07/12/2013 01-703-31.56-9 64.32 02772 07/2/2013 101- 5-22.3-61 29.1 002772 07/12/201 101-7003-31.56-49 28.1 002772 07/12/2013 1 1-7003-31.-01 717.17 002772 07/12/2013 101-7003-31.6-49 6.8 002772 07/12/2013 101-700-431.6-7 92.03 002772 7/12/213 101-7004-431.6-37 4.18 02772 7/12/2013 101-7003-431.56-5 19.29 002772 07/12/20 3 101-700 - 31.56- 5 182.52 002772 07/12/2013 11-70 3-31.56-55 171.72- 2,55.96 100120 269 IMPERIAL IRRIGATION DIST 002750 07/12/2013 401-170-51.5-01 103.20 103.20 100121 40 NEXTEL COMMUNICATIONS 00275 07/12/2013 101-4002-1.-25 504.05 504.05 * 100122 7114 PARS #6745031400 000035 07/12/2013 760-000-413.10-25 12,832.86 12,832.86 100123 45 RUTAN & TUCKER 100124 45 RUTANTUCKER 002704 07/12/2013 101-1001-11.32-01 6,7.13 00270 07/12/213 10-1001-411.32-01 542.5 002706 07/12/2013 101-1001-11.3-0 571.00 002707 7/12/2013 101-1001-411.32-01 3,821.75 00270 7/12/2013 101-1001-411.32-04 360.00 002709 07/12/2013 241-9101-7 5.32-01 185.35 002710 07/12/2013 101-1001-11.32-01 4,750.0 002711 07/12/213 237-9001-702.32-01 4,750.00 002712 07/12/2013 01-1813-5.3- 7 240.00 002713 07/12/2013 101-001-11.32- 1 40.00 02714 07/12/2013 101-1001-411.32-01 2,104.00 02715 07/12/2013 101-1 0-11.32-0 135.00 002716 07/2/2013 101-1 01-411.32-01 120.00 00277 07/12/2013 401-15-551.45-01 24.00 0071 07/12/2013 237-001-702.2-01 4,59.15 002719 7/12/2 13 101-1001-11.32-01 172.0 002720 07/12/20 3 101-1001-411. 2-0 679.1 02721 07/12/01 101-1001-11.32-4 7,02.81 002722 07/12/2013 101-00 0-228.10-0 365.50 002723 07/12/2013 101-1001-411.32-04 21,119.12 02725 07/12/2013 101-001-11.32- 1 3,86.00 02726 07/12/2013 101-1001-411.32-01 522.00 002727 07/12/2013 I01-100I-411.32-04 360.00 002728 07/12/2013 101-1001-41I.32-01 1,97 .00 00272 07/12/2013 101-1001-11.32-04 312.00 2,55.96 103.20 504.05 12,832.86 VOIDED PREPARED07/11/2013, 17:00:08 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 3 PROGRAM: GM346L ACCOUNTING PERIOD 2014/01 CITY OF LA QUINTA, CALIFORNIA REPORT NUMBER 4 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 100124 45 RUTAN A TUCKER 002730 07/12/2013 241-9101-705.32-01 880.00 002731 07/12/2013 101-1001-411.32-01 4,000.00 002732 07/1212013 237-9001-702.32-01 4,000.00 002733 07/12/2013 401-1813-551.35-07 120.00 002734 07/12/2013 101-1001-411.32-01 258.00 002735 07/12/2013 101-1001-411.32-01 72.00 002736 07/12/2013 101-1001-411.32-01 2,334.50 002737 07/12/2013 101-1001-411.32-01 96.00 002738 07/12/2013 101-1001-411.32-01 48.00 002739 07/12/2013 101-0000-228.10-00 337.50 002740 07/12/2013 401-1815-551.45-01 531.00 002741 07/12/2013 237-9001-702.32-01 7,729.50 002742 07/12/2013 101-1001-411.32-04 336.00 002743 07/1212013 101-1001-411,32-04 1,538.28 002744 07/12/2013 101-1001-411.32-04 26,834.12 002745 07/12/2013 101-0000-228.10-00 559.00 115,016.35 115,016.35 100125 150 SPARKLETTS 002748 07112/2013 101-7003-431.56-02 586.28 586.28 586.28 100126 1000 STATE WATER RESOURCES CON 000034 07/12/2013 401-1846-551.45-01 466.00 466.00 x 466.00 100127 56 TIME WARNER CABLE 002751 07/12/2013 502-0000-512.30-03 8.42 8.42 * 8.42 100128 4621 TOWER ENERGY GROUP 002755 07/12/2013 501-0000-511.43-34 2,635.16 2,635.16 2,635.16 100129 2290 VERIZON CALIFORNIA 002747 07/12/2013 101-7004-431.41-04 45.49 45.49 45.49 100130 68 VERIZON COMMUNICATIONS 002752 07/12/2013 101-4002-415.41-22 79.99 79.99 79.99 100131 753 WIRELESS WATCHDOGS 002754 07/12/2013 101-4002-415.41-25 196.00 196.00 196.00 BANK/CHECK TOTAL 138,614.93 138,614.93 ALL BANKS/CHECKS TOTAL 138,614.93 138,614.93 PREPARED07/18/2013, 14:48:53 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE I PROGRAM: GM346L ACCOUNTING PERIOD 2014/01 CITY OF LA QUINTA, CALIFORNIA REPORT NUMBER 5 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 100132 15 ACT SECURITY SERVICES 000043 07/19/2013 101-3005-451.43-59 79.08 79.08 * 79.08 100133 133 CAL LONG-TERM CARE PR PR0705 07/19/2013 101-0000-209.49-00 106.00 PR0719 07/19/2013 101-0000-209.49-00 106.00 212.00 * 212.00 100134 5969 COACHELLA VALLEY CONSERVA 002791 07/19/2013 101-0000-203.10-00 521.00 002792 07/19/2013 101-6000-343.98-00 5.21- 515.79 * 515.79 100135 268 COACHELLA VALLEY WATER DI 002789 07/19/2013 101-3005-451.40-07 837.74 002789 07/19/2013 101-5055-422.41-16 99.01 002789 07/19/2013 101-3006-451.41-16 132.31 002789 07/19/2013 101-7006-431.32-15 2,371.17 3,440.23 * 3,440.23 100136 3044 COMMAND ONE SECURITY 000052 07/1912013 218-0000-421.30-30 66.00 66.00 x 66.00 100137 512 CVAG 002790 07/19/2013 224-0000-203.20-00 1,837.44 1,837.44 * 1,837.44 100138 5011 DISH NETWORK 000044 07/19/2013 101-6005-425.33-43 54.72 54.72 x 54.72 100139 136 GAS COMPANY, THE 002788 07/19/2013 101-5055-422.41-13 76.56 76.56 * 76.56 100140 269 IMPERIAL IRRIGATION DIST 002786 07/19/2013 101-3005-451.40-61 1,877.19 002786 07/19/2013 101-3005-451.40-66 5.19 002787 07/19/2013 101-3005-451.40-62 59.65 1,942.03 k 1,942.03 100141 2958 IMPERIAL IRRIGATION -GANG 002790 07/19/2013 218-0000-421.40-15 460.90 460.90 x 460.90 100142 7115 LADEDA, MARK 000039 07/19/2013 101-0000-228.10-00 100,340.00 100,340.00 * 100,340.00 100143 37 LOWE'S HOME IMPROVEMENT W 002789 07/19/2013 101-7003-431.56-52 40.63 002789 07/19/2013 101-5055-422.43-61 897.46 002789 07/19/2013 101-5008-419,43-88 6.65 002789 07119/2013 101-3003-451.56-02 65.48 002789 07/19/2013 101-5008-419.43-88 32.81 002789 07/19/2013 101-3005-451.43-59 20.40 1,063.43 * 1,063.43 100144 4249 SILVERROCK RESORT 002789 07/19/2013 601-0000-491.95-10 62,449.39 62,449.39 * 62,449.39 A PREPARED 07/18/2013, 14:48:53 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 2 PROGRAM: GM346L ACCOUNTING PERIOD 2014/01 CITY OF LA QUINTA, CALIFORNIA REPORT NUMBER 5 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 100145 5054 SIRIUS SATELLITE RADIO 000049 07/19/2013 101-5056-425.33-43 181.31 181.31 181.31 100146 1786 SOUTHERN CALIF GAS CO 002790 07/19/2013 501-0000-511.43-34 259.41 259.41 259.41 100147 150 SPARKLETTS 002790 07/19/2013 101-7003-431.56-02 105.74 105.74 105.74 100148 6568 SPARKLETTS GANG TASK FORC 000053 07/19/2013 218-0000-421.56-02 32.00 32.0 # 32.00 100149 2938 STAPLES GANG TASK FORCE 002790 07/19/2013 218-0000-421.56-01 140.15 002790 07/19/2013 218-0000-421.56-01 509.99 002790 07/19/2013 218-0000-421.56-01 399.19 1,049-33 * 1,049.33 100150 2816 TIME WARNER -GANG TASK FOR 000054 07/19/2013 218-0000-421.42-16 60.83 60.83 * 60.83 100151 4621 TOWER ENERGY GROUP 002790 07/19/2013 501-0000-511.43-34 2,544.54 2,544.54 2,544.54 100152 63 UNITED WAY OF THE DESERT PR0705 07/19/2013 101-0000-209,81-00 45.00 PR0719 07/19/2013 101-0000-209.81-00 45.00 90.00 90.00 100153 3892 USA MOBILITY WIRELESS, IN 002790 07/19/2013 101-7003-431.56-52 154.22 154.22 154.22 100154 2956 VERIZON CA - GANG TASK FO 000050 07/19/2013 218-0000-421.42-19 273.11 000051 07/19/2013 218-0000-421.41-22 377.63 650.74 650.74 100155 2290 VERIZON CALIFORNIA 000040 07/19/2013 101-7004-431.41-04 50.39 000041 07/19/2013 101-7004-431.41-04 44.11 000042 07/19/2013 101-7004-431.41-04 44.11 000048 07/19/2013 101-4002-415,41-22 156.44 295.05 295.05 100156 274 WELLS FARGO BUSINESS CARD 002774 07/19/2013 101-1001-411.51-01 178.25 002775 07/19/2013 101-1002-413.51-01 764.29 002776 07/19/2013 101-1004-413.53-01 280.00 002777 07/19/2013 101-2001-411.56-01 19.99 002778 07/19/2013 101-3001-451.33-04 613.85 002779 07/19/2013 101-5004-424.56-28 19.34 002780 07/19/2013 101-3003-451.56-02 290.00 002781 07/19/2013 101-5055-422.43-61 2,200.00 002782 07/19/2013 101-7006-431.51-01 544.80 002783 07/19/2013 502-0000-512.33-52 539.00 cn P AR D07f1812013, 14:48:53 ACCOUNTS PAYABLE CHECK REGISTER Y BANK NUMBER PAGE 3 PROGRAM: G 346L ACCOUNTING PERIOD 2014/01 CITY OF LA QINTA, CALIFORNIA REPORT NUMBER 5 BANK 00 WELLS FARGO BANK -------------------------------------------------- CHECK VENDOR VENDOR - VOUCHER - -- ---------------------------------------- P.O. DATE REMITTANCE AMOUNT CHECK O ---------------------------------------------------------------------- NO NAME NO NO ACCOUNT -------------------------------------------------------------- (NET OF DISC/RETAIN) TOTAL 100156 274 WELLS FARGO BUSINESS CARD 002784 07/19/2013 502-0000-5 2.5 -25 199.00 002785 07/19/2013 5 2-0000-5 2.71-01 3,365.96 9,014.48 # 9,014.48 10 157 753 WIRELESS WATCHDOGS 000045 07/19/201 1 1-4002-415. 1-25 120.00 12.0 120.00 BANK/CHECK TOTAL 187,95.22 17,095.2 ALL BANKS/CHECKS TOTAL 187,095.22 187,095.22 EPED07/23/2013, 17:1 :5 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 1 PROGRAM: GM346L ACCOUNTING PERIOD 201 /01 CITY OF LA Q I, CALIFORNIA OT NUMBER 6 BANK 00 WELLS FARGO BANK CHECK VENDOR - ----------------------- VENDOR VOUCHER _ - - P.O. DATE - -- - REMITTANCE AMOUNT CHECK 0 NO NAME NO NO ACCOUNT CNET OF DISC/RETAIN) TOTAL 10015 2 ACE HARDWARE 0 223 07/2/2013 101-5006-26.56-28 81.59 0 224 07/23/2013 101-5055-22.-61 1.01 0 225 07/23/2013 101-505-422.43-61 12.95 002826 07/23/2013 101-500-19.3-8 11.86 002827 07/23/2013 101-7003-31.56-52 109.8 002828 07/23/2013 101-7003-431.56-2 17.26 0 230 07/23/201 101-700-31.6-52 710.1 0 256 07/23/2013 101-3004-51.43-8 14.4 972.09 * 972.09 100159 5170 ALCO INC 0 005 07/23/2013 101-7003-431.44-07 88.56 00058 07/23/2013 101-7003-431.44-07 88.56 177.12 * 177.1 10160 657 ALTON GROUP, THE 002867 07/23/2013 01-1813-51.35-07 247.0 27.0 * 247.50 0 161 5016 ALVAREZ, MARIA ISABEL 00005807/23/2013 101-3002- 51. - 575.40 57.0 * 575.4 0162 16 AMERIPRIDE UNIFORM SERVIC 000058 07/23/2013 101- 02-1.2-15 60.10 60.0 * 60.1 100163 656 AUTOZONE 000 07/23/2013 101-7003-31.56-2 3.5 000058 07/23/2013 10-7003-31.6-2 75.77 00005 07/23/2013 501-000-511.43- 25.25 00 058 07/23/2013 501-000-511.43- 37.77 000058 7/3/213 501-0000-511.-4 184.40 362.04 * 36.04 100164 18 BANG INC, DAVE 002857 07/23/2013 101-005-1.56-52 57.28 002857 07/23/201 101-3 05-451.56- 7 807.80 1,32.08 * 1,32.0 100165 3726 BANK OF NEW YORK MELLON002822 07/23/2013 101-4001-41 . 1-13 11500.00 1,50 .00 * 11500.00 0 166 7067 BUDGET BLINDS 00256 160 07/23/2013 101-5055-22.43-61 1,36.16 1,136.16 * 1,136.16 100167 226 BUTLER, GG 0027 07/23/2013 10-5056-425.43-9 39.66 39.66 * 3.66 100168 178 CLIOIA PARKS & RECREA 000058 7/23/203 101-3002-41.-03 170.00 170.00 x 170.00 100169 106 CANON FINANCIAL SERVICES, 0005 07/23/203 101-40 2-41.56- 7 1,637.9 1,637.94 x 1,637.94 100170 21 CAEST 00267 07/23/2013 101-700-431.56-52 2.96 N PREPARED07/23/2013, 17:10:05 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 2 PROGRAM: GM346L ACCOUNTING PERIOD 2014/01 CITY OF LA QUINTA, CALIFORNIA REPORT NUMBER 6 BANK 00 WELLS FARGO BANK -------------- CHECK ---- VENDOR --------------------------------------------------------- VENDOR VOUCHER P.O. DATE I --------- --------- ------ REMITTANCE AMOUNT I ------------------ CHECK NO ------------------ NO NAME - -------------------------------------------------------------------------------------------------------- NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 100170 21 CARQUEST 000058 07/23/2013 101-7003-431.56-52 4.15 000058 07/23/2013 101-7003-431.56-52 53.21 000058 07/23/2013 501-0000-511.43-40 189.28 249.60 249.60 100171 22 COW GOVERNMENT INC 002835 07/23/2013 502-0000-512.56-22 17.43 002836 07/23/2013 502-0000-512.56-22 145.41 002837 07/23/2013 502-0000-512.56-22 62.04 002838 07/23/2013 502-0000-512.56-25 176.40 002839 07/23/2013 502-0000-512.43-01 535.00 002840 07/23/2013 502-0000-512.56-22 59.98 996.26 996.26 100172 354 CLASSIC PARTY RENTALS 000058 07/23/2013 101-3003-451.56-02 405.00 405.00 405.00 100173 914 COACHELLA VALLEY ARCHAEOL 000058 07/23/2013 101-6001-463.53-03 50.00 50.00 50.00 100174 3990 COMPUTER CONSULTANTS, INC 000058 07/23/2013 502-0000-512.71-01 4,639.84 4,639.84 * 4,639.84 100175 7075 COOPER, DAVID T. 002804 07/23/2013 101-7002-431.33-34 7,130.00 7,130.00 * 7,130.00 100176 735 COSTCO WHOLESALE MEMBERSH 000056 07/23/2013 101-4002-415.53-04 110.00 110.00 * 110.00 100177 6624 COUNTY OF RIVERSIDE 002796 07/23/2013 101-5004-424.34-04 8.00 8.00 x 8.00 100178 3033 DATA TICKET, INC. 002850 07/23/2013 101-5004-424.31-19 430.70 430.70 * 430.70 100179 7011 DESERT C A M 000058 07/23/2013 101-3008-419.43-88 750.00 750.00 * 750.00 100180 1661 DESERT FOUNTAIN GAS SUPPL 002860 07/23/2013 101-3003-451.51-33 8.00 8.00 * 8.00 100181 307 DESERT SANDS UNIFIED SCHO 002856 07/23/2013 101-5054-421.36-16 34,158.42 34,158.42 * 34,158.42 100182 211 DESERT SUN PUBLISHING CO 002867 07/23/2013 101-7001-431.56-02 598.96 002867 07/23/2013 101-2001-411.55-01 603.32 002868 07/23/2013 101-6001-463.55-01 206.56 002868 07/23/2013 101-6001-463.55-01 226.18 1,635.02 # 1,635.02 100183 3898 EMC 002860 07/23/2013 101-1004-413.32-10 85.00 00 PREPARED07/23/2013, 17:10:05 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 3 PROGRAM: GM346L ACCOUNTING PERIOD 2014/01 CITY OF LA QUINTA, CALIFORNIA REPORT NUMBER 6 BANK 00 WELLS FARGO BANK ------------------------------------------------------------------------------------------- C C VENDOR VENDOR VOUCHER P.O. DATE ..__._-..--------------------------- REMITTANCE AMOUNT CHECK NO --- ------------------------------------------------------------ NO NAME NO NO ------------- ACCOUNT --------------------------------------------- (NET OF DISC/RETAIN) TOTAL --- 100183 3898 EMC 85.00 * 85.00 100184 119 FEDEX 002867 07/23/2013 101-4002-415.51-31 26.77 26.77 * 26.77 100185 4899 PC CREATIVE INC 000058 07/23/2013 101-3007-413.55-07 2,500.00 2,500.00 x 2,500.00 100186 6945 FOSTER & SONS TERMITE & P 000058 07/23/2013 101-5055-422.43-61 2,200.00 2,200.00 x 2,200.00 100187 237 GARY CARDIFF ENTERPRISES, 002850 07/23/2013 101-3003-451.56-02 440.00 440.00 * 440.00 100188 3233 GKK WORKS 002857 1682 07/23/2013 101-5008-419.34-04 26,478.00 26,478.00 * 26,478.00 100189 7119 GOLDEN VALLEY CONSTRUCTIO 002848 07/23/2013 401-1846-551.45-01 108,956.26 108,956.26 * 108,956.26 100190 7123 GRANGER, OLYMPIA 000058 07/23/2013 101-1000-317.00-00 3.50 3.50 * 3.50 100191 6707 GREATER PALM SPRINGS CO NV 000058 07/23/2013 101-3007-413.33-04 37,995.00 37,995.00 * 37,995.00 100192 7125 GREY WOLF TRAIL LLC 000057 07/23/2013 101-1000-317.00-00 35.55 35.55 * 35.55 100193 627 HEN DERSON, TERRY 002857 07/23/2013 101-1001-411.51-01 645.00 645.00 * 645.00 100194 6823 HERRIS, ICOL 000058 07/23/2013 101-3002-451.33-43 203.00 203.00 * 203.00 100195 141 HF&H CONSULTANTS, LLC 002860 07/23/2013 101-1004-413.33-22 53.85 53.85 x 53.85 100196 35 HOARD INC, HUGH 002831 07/23/2013 101-5008-419.43-88 892.58 892.58 K 892.58 100197 7117 HUONG, DANG 002851 07/23/2013 101-5000-322.06-00 36.00 002852 07/23/2013 101-0000-203.06-00 1.00 37.00 * 37.00 100198 602 INLAND POWER EQUIPMENT CO 000058 07/23/2013 101-7004-431.56-52 181.38 181.38 * 181.38 100199 1197 INNOVATIVE DOCUMENT SOLD T 002850 07/23/2013 101-4002-415.43-19 19.47 19.47 k 19.47 PREP ARED 07/23/2013, 17:10:05 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 4 PROGRAM: GM346L ACCOUNTING PERIOD 2014/01 CITY OF LA QUINTA, CALIFORNIA REPORT NUMBER 6 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 100200 195 JAB PACIFIC INC 002850 07/23/2013 101-5002-424.33-28 8,053.50 8,053.50 * 81053.50 100201 1238 JERNIGAN'S, INC 002860 07/23/2013 101-7003-431.56-52 188.98 188.98 * 188.98 100202 3184 JOHNSON, LES 002856 07/23/2013 101-6002-463.51-01 96.24 96.24 * 96.24 100203 2076 KOCHELL, STEVE 000058 07/23/2013 101-1004-413.32-07 40.00 40.00 * 40.00 100204 865 KRIS CONSTRUCTION, BRUC 002814 07/23/2013 101-3005-451.56-52 625.00 002815 07/23/2013 101-3005-451.56-37 925.00 002816 07/23/2013 101-3002-451.43-01 530.00 2,080.00 * 2,080.00 100205 315 LA QUINTCHAMBER OF COMM 000058 07/23/2013 101-3001-451.80-02 31,875.00 31,875.00 x 31,875.00 100206 5714 LA QUINTFARMS LLC 000058 07123/2013 101-7006-431.32-15 21,378.83 21,378.83 * 21,378.83 100207 1905 LANDMARK GOLF MANAGEMENT 002805 07/23/2013 101-7004-431.34-10 5,349.00 5,349.00 5,349.00 100208 1763 LASALLE LIGHTING SERVICES 002797 07/23/2013 101-7004-431.32-07 6,930.00 6,930.00 6,930.00 100209 457 LEAGUE OF CALIFORNIA CITI 000058 07/23/2013 101-1001-411.51-01 70.00 70.00 70.00 100210 1043 LIEBERT CASSIDY WHIT MORE 000058 07/23/2013 101-1004-413.53-05 4,158.00 4,158.00 4,158.00 100211 3407 LINCOLN EQUIPMENT, INC. 002850 07/23/2013 101-3003-451.56-02 182.59 182.59 * 182.59 100212 80 LOCK SHOP INC, THE 000058 07/23/2013 101-7006-431.56-02 196.21 196.21 * 196.21 100213 4077 MALDONADO, DENESE 002856 07/23/2013 101-5054-421.56-02 64.77 64.77 * 64.77 100214 4425 MARTIN, PAND ARA 000058 07/23/2013 101-3003-451.33-43 371.00 371.00 * 371.00 100215 7120 MARTINEZ, BEL EM 000058 07/23/2013 101-0000-228.30-00 50.00 50.00 * 50.00 PREPARED07/2312013, 17:10:05 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 5 PROGRAM: GM346L ACCOUNTING 'PERIOD 2014/01 CITY OF LA QUINTA, CALIFORNIA REPORT NUMBER 6 BANK 00 WELLS FARGO BANK -------------- CHECK I ------ VENDOR ----------------------------------------------- VENDOR VOUCHER P.O. DATE ------------------------------------------------------- REMITTANCE AMOUNT CHECK NO ------------------------ NO NAME ----------------------------------------------------------------------------------------------------- NO NO ACCOUNT CNET OF DISC/RETAIN) TOTAL 100216 4201 MAXWELL SECURITY SERVICES 000058 07/23/2013 101-3008-419.41-30 150.00 150.00 * 150.00 100217 7087 MENDOZA, ARMANDO 000058 07/23/2013 101-0000-228.30-00 250.00 250.00 * 250.00 100218 41 OFFICE DEPOT 002832 07/23/2013 101-4002-415.56-07 1,197.18 002833 07/23/2013 101-4001-415.56-01 64.14 002856 07/23/2013 101-5054-421.56-02 79.92 1,341.24 * 1,341.24 100219 1367 OFFICE TEAM 002798 07/23/2013 101-7004-431.10-05 340.00 340.00 * 340.00 100220 130 ON-TRAC 002867 07/23/2013 101-4002-415.51-31 30.52 30.52 * 30.52 100221 3855 ORRANTIA, VIANKA 000058 07/23/2013 101-1004-413.32-07 15.00 15.00 x 15.00 100222 4441 PALM DESERT NETWORKS 000058 07/23/2013 101-1000-321.00-00 6.00 6.00 * 6.00 100223 1772 PALM SPRINGS PUMP INC 002860 07/23/2013 101-3005-451.32-30 127.50 127.50 * 127.50 100224 5854 PJ'S DESERT TROPHIES A GI 000058 07/23/2013 101-3004-451.43-01 51.84 51.84 * 51.84 100225 5663 PLANIT REPROGRAPHICS SYST 002834 07/23/2013 401-1895-551.45-01 190.40 190.40 x 190.40 100226 5127 PLUG A PAY TECHNOLOGIES 1 002860 07/23/2013 101-3003-451.33-45 20.00 20.00 * 20.00 100227 2767 POWERPLAN 002860 07/23/2013 501-0000-511.43-40 1,010.37 002860 07/23/2013 501-0000-511.43-40 221.76 1,232.13 * 1,232.13 100228 2843 BREST VUKSIC ARCHITECTS, 002803 07/23/2013 401-1878-551.35-07 14,562.25 14,562.25 * 14,562.25 100229 7102 PROFESSIONAL PAVEMENT PRO 002854 1690 07/23/2013 101-7006-431.71-01 3p667.35 002855 1690 07/23/2013 101-7003-431.56-46 6,127.65 9,795.00 * 9,795.00 100230 6816 RAMOS, DON D 000058 07/23/2013 101-3002-451.33-43 70.70 70.70 * 70.70 100231 254 RA5A/ERIC NELSON 002806 07/23/2013 101-7002-431.33-34 11330.00 PREPARED07/23/2013, 17:1:05 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 6 PROGRAM: G 36L ACCOUNTING PERIOD 201/01 CITY OF LA QUINTA, CALIFORNIAREPORT NUMBER 6 BANK 00 WELLS FARGO BANK CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO ----------------- NO NAME I ------ ------------ »---------------------------------------------------- NO NO ACCOUNT - _--_-------I----------------------------- (NET OF DISC/RETAIN) TOTAL 1 0231 254 RASA/ERIC NELSON 000058 7/23/2013 101-7-431.33-34 190.0 00 058 07/23/2013 10-7002-31.33-3 450.0 000058 07/23/213 101-7002-1.33-3412.50 2,382.5 * 2,382.50 100232 327 RBF CONSULTING IC 00279 07/23/2013 01-1762-551.35-07 1,992.03 1,992.03 * 1,992.03 100233 7121 RICHARDSON, DIANE 000058 07/23/203 101-0000-22.30-00 100.00 100.0 * 100.00 100234 4086 RIVERSIDE COUNTY I FORMAT 00253 07/23/2013 101-5054-421.41-22 20.77 20.77 * 20.77 100235 626 ROJAS TD 00005 07/23/2013 101-3003-51.33-3 1,820.00 1,20.00 * 1,20.00 100236 7116 ROUNDABOUTS A TRAFFIC ENG 0 250 07/23/2013 101-7006-431.32-07 2,294.40 0 280 07/23/2013 101-7006-431.32-07 5,42.0 7,747.20 * 7,747.20 100237 6729 SANTA FE BUILDING MAINTEN 0 261 07/23/2013 101-3 02-51.2-15 1,605.00 002862 07/23/2013 101-3004-451.42-15 2,516.00 0026 07/23/2013 101-300-1.2-15 1,267.10 026 07/23/201 101-3 06-451.42-15 737.00 02865 07/23/2013 101-5008-419.42-15 2,825.00 002866 07/23/2013 1 1-7003-431.42-5 406.00 9,356.10 9,356.10 100238 5798 SHARK POOLS INC 002856 07/2/2013 10-3001-51.3-13 407.90 002856 07/23/201 101-3006-51.41-6 30.32 0000 07/23/2013 10-3001-51.33-13 1,083.95 00005 07/23/2013 10-3001-451.33-1 407.90 000058 7/23/213 101-300-19.3-1 90.95 000058 7/23/201 101-305-51.3-9 169.15 0005 7/23/203 101-30 5-5.43-59 650.00 000058 07123/20 3 101-30 5-451. -59 130.00 2,970.17 2,97.17 100239 1292 SIMPLEXGRINNELL LP 0000 07/23/2013 101-3008-419.34-04 1,84.00 00005 07/2/201 11-3008-19.3-0 1,012.00 2,860.00 2,60.0 0 240 46 SMART & FINAL 002867 07/23/201 101-1001-11.1-01 107.57 00267 07/23/2013 11-3002-51.56-02 389.66 00267 07/23/2013 101-001-415.56-01 31.4 0267 07/23/2013 101-00-19.3-88 26.95 555.8 555.58 100241 463 SMITH PIPE & SUPPLY CO 00207 07/23/2013 101-700-31.56-52 54.43 w N P P RED 7/23/2013, 17:10:05 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBERPAGE 7 PROGRAM: GM346L ACCOUNTING PERIOD 2014/O1 CITY OF LA QI T, CALIFORNIAPO T NUMBER 6 BANK 00 WELLS FARGO BANK --------------------------------------------------------------------------------------------- CHECK VENDOR VENDOR VOUCHER P.O. DATE ------------------------------------ E ITTA CE AMOUNT CHECK NO O NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 1 021 463 SMITH PIPE & SUPPLY CO 008 07/23/2013 10-7004-1.56-2 99.1 153. * 1.8 100242 692 SMITH, REBECCA 0 058 07/23/2013 101-505 - 21.36- 4 45.03 4 * 45.03 100243 48 STAPLES ADVANTAGE 002820 7/23120 3 101-7001- 3 .56- 1 1,949.01 002821 7/23/203 101-70 1-431.56- 1 403.47 000058 7/23/201 101-70 1- 31.56-01 24.29 000058 07/231 0 3 101-60 1-463. 6-01 55.39 0005 07/23/2013 101-0 7-13.6- 1 43.36 2,75.52 * 2,75.2 100244 3823 STONE CANYON POOLS, INC. 0 212 07/23/201 501-0000-511.43-40 877.52 002813 07/23/2013 501-0000-511.- 72.19 1,9.71 * 1,349.71 100245 53 SULINE TRANSIT AGENCY 002858 07/23/2013 101-4 00-1.30-00 5.7- 0 2859 07/23/201 01-0 00-23.05-0 1,22.00 1,153.2 * 1,13.25 1006 2827 SWANK MOTIONPICTURES 0005 07/23/2013 1 1-3003-451.-2 271.0 271.00 x 271.00 100247 7071 TAMEZ, GSTVO 000058 7/3/2013 1 1-000-.7 -00 2.0 24.00 x 2.00 0248 333 TERRA NOVA PLANNING & RES 002817 07/23/201 101-6001-463.32-10 5,07.61 0028 07/23/2013 10-601-63.32-1 3,1.0 ,052.1 * 8,052.61 100249 6612 TFCO INDUSTRIES INC 00279 7//203 101-70 3-1.56-52 519.94 519.4 * 519.9 100250 7122 TOBUREN, CANDACE 0 005 07/2/13 101-0 0-28.30-00 60.00 600.00 x 600.0 10021 57 TOPS'N BARRICADES INC 002829 07/23/213 1 1-70-31.56-43 104.22 104.22 * 104.22 0 252 718 TACE, SUSAN 000058 07/23/213 10-00-322.20-0 9.00 9.0 * 9.00 100253 9 TI STATE LAND SURVEYORS 000058 7/23/2013 01-16-551.-0 3,0.00 0,00 * 3,040.00 100254 60 TRULY OL INC 0005 07/3/2013 101-3005-451.43-64 36.0 6.0 x 364.80 100255 1073 TYLIN INTERNATIONAL 00279 7/23/21 01-1762-551.-0 85,627.18 w w PREPARED07/23/2013, 17:10:05 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 8 PROGRAM: GM346L ACCOUNTING PERIOD 2014/01 CITY OF LA QUINTA, CALIFORNIA REPORT NUMBER 6 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 100255 107 YLIN INTERNATIONAL 85,627.18 x 85,627.18 100256 62 UNDERGROUND SERVICE ALERT 002800 07/23/2013 101-7003-431.56-52 76.50 76.50 * 76.50 100257 334 US BANK 000058 07/23/2013 237-9001-702.32-07 1,500.00 1,500.00 x 11500.00 100258 335 VALLEY PLUMBING 002860 07/23/2013 101-5055-422.43-61 273.54 273.54 * 273.54 100259 7124 VERTICAL INFO CONNECTION 000058 07/23/2013 101-1000-321.00-00 7.00 7.00 * 7.00 100260 7066 VIELHARBER, KAREN 000058 07/23/2013 101-3002-451.33-43 7.00 7.00 7.00 100261 2431 VINTAGE ASSOCIATES 002841 07/23/2013 101-3005-451.32-55 1,050.00 002842 07/23/2013 101-3005-451.56-37 902.00 002843 07/23/2013 101-7004-431.34-04 12,200.00 002844 07/23/2013 101-3004-451.30-96 560.00 002845 07/23/2013 101-3005-451.34-04 27,907.00 002846 07/23/2013 101-3006-451.34-04 425.00 43,044.00 * 43,044.00 100262 6548 WALTERS WHOLESALE ELECTRI 002809 07/23/2013 101-7004-431.56-52 191.90 002810 07/23/2013 101-7004-431.56-52 118.10 002811 07/23/2013 101-7006-431.56-02 174.43 484.43 * 484.43 100263 6981 WATERLOGIC USA FINANCE IN 000058 07/23/2013 101-4002-415.56-29 226.80 226.80 * 226.80 100264 6502 WILSON, RICHARD ELECTRIC 000058 07/23/2013 101-3008-419.43-88 78.00 78.00 * 78.00 100265 3350 WINNER, ED 002857 07/23/2013 101-7002-431.51-01 20.34 20.34 * 20.34 100266 853 ZUMAR INDUSTRIES, INC 002801 07/23/2013 101-7003-431.56-43 1,641.60 002802 07/23/2013 101-7003-431.56-43 331.60 1,973.20 * 1,973.20 BANK/CHECK TOTAL 530,135.25 530,135.25 ALL BANKS/CHECKS TOTAL 530,135.25 530,135.25 w 4�- MI o� u,tcv � o� V s y ,rY c�tit OF CITY / SA / HA / FA MEETING DATE: August 6, 2013 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: CONTRACT TO RELOCATE IRRIGATION LINES FOR SILVERROCK CANAL CONSENT CALENDAR: 2 RELOCATION, PROJECT NO. 2013-06 STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Award a contract to 0 & J Golf Construction, Inc., in the amount of $387,884, to relocate the SilverRock golf course irrigation lines in advance of the canal relocation, Project No. 2013-06. EXECUTIVE SUMMARY: • The Coachella Valley Water District (CVWD) is moving forward with construction of a parallel canal just west of the existing canal that will restore the design capacity of the portion of the Coachella Canal within SilverRock Resort. • The encroachment permit with the Bureau of Reclamation (BOR) for construction of the Palmer Course requires the City to relocate and/or modify the golf course irrigation main lines running under and parallel to the existing canal within the BOR right-of-way in order that they not conflict with construction of the new parallel canal while still providing irrigation to the golf course. This work must be done in advance of CVWD's construction project, which is scheduled for May 2014. • Staff recommends a contract be awarded to 0 & J Golf Construction, Inc., a Riverside County construction company, in the amount of $387,844 for the irrigation mainline relocation. FISCAL IMPACT: The total cost to relocate the irrigation main lines is $491 ,584. The City's total cost to accommodate the Parallel Canal Option is estimated to be $2,533,000 including the construction and restoration costs as well as the loss in golf revenue during construction. Adequate funding exists in the Canal Relocation Project account for these improvements. Kiy BACKGROUND/ANALYSIS: Since its original construction, the Coachella Canal has settled across the Coachella Valley except where it is supported by bedrock adjacent to the mountains at SilverRock Resort. The resulting loss in capacity has resulted in CVWD's need to construct a lower parallel canal section just west of the non -subsided section of the canal from the L4 pump station to the canal drop structure just south of Avenue 54 (Attachment 1.) In order to accommodate the new canal section while still providing irrigation to the Palmer Course, the City is required to relocate and/or modify the golf course irrigation lines within the BOR right-of-way prior to CVWD's contractor constructing the new canal starting May 1, 2014. Staff anticipates closure of the back nine holes of the Palmer Course both during the relocation of the irrigation mainlines this summer as well as during construction of the parallel canal in the summer of 2014. On July 23, 2013, one sealed bid was received for the construction of this project. The bid was received from 0 & J Golf Construction, Inc. in the amount of $387,884, which was lower than the engineer's estimate of $409,500. Based on this bid, the anticipated project budget is as follows: Construction $387,884 Design $ 40,000 Inspection/Testing/Survey $ 25,000 Contingency $ 38,700 Total $491,584 Contingent upon City Council's approval to award a contact on August 6, 2013, the following is the anticipated project schedule: Project Award Sign Contract/Mobilize Construction (40 calendar days) Accept Improvements ALTERNATIVES: August 6, 2013 August 7, 2013 — August 16, 2013 August 17, 2013 — September 27, 2013 October 1, 2013 Due to the urgency of this work and the City's obligation to CVWD to prepare the golf course for construction of the parallel canal, staff does not recommend an alternative action. Report prepared by: Bryan McKinney, Principal Engineer Report approved for submission by: Timothy R. Jonasson, P.E. Public Works Director/City Engineer Attachment: 1. Map of Non -Subsided Section of Coachella Canal NFA COACHELLA CANAL LEGEND NON -SUBSIDED CANAL SECTION EEM NON -SUBSIDED CANAL SECTION [ Rl la��u.�vctc�,c G� OF9 CITY / SA / HA / FA MEETING DATE: August 6, 2013 ITEM TITLE: MONROE STREET MEDIAN LANDSCAPING MAINTENANCE AGREEMENT AND ACCEPTANCE OF OFF -SITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP NO. 31 681-3, ANDALUSIA, CORAL OPTION I, LLC RECOMMENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 3 STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to execute the Monroe Street Median Landscaping Maintenance Agreement, subject to minor modifications as deemed necessary by the City Attorney; and Accept the off -site improvements associated with Tract Map No. 31681-3, Andalusia, subject to the developer executing the Monroe Street Median Landscaping Maintenance Agreement, and authorize staff to release the performance security and the labor and materials security (90 days after acceptance of the off -site improvements). EXECUTIVE SUMMARY: • As a condition of development, the developer of Andalusia is required to enter into a median landscape maintenance agreement (Attachment 1) with the City to maintain the section of median on Monroe Street fronting Andalusia. • The developer has completed all other obligations of the Off -site Subdivision Improvement Agreement associated with Tract Map No. 31681-3 and has requested release of the securities. • Staff has verified satisfactory completion of these improvements and therefore recommends acceptance of the off -site improvements. IN FISCAL IMPACT: This action will require the City to maintain storm drain catch basins after the one-year warranty period. Catch basin maintenance is estimated to be $1 ,750 annually, which will be incorporated in the Public Works Department operating budget. BACKGROUND/ANALYSIS: Andalusia is located north of Avenue 60, south of Avenue 58, west of Monroe Street, and east of Madison Street (Attachment 2). The off -site improvements include asphalt concrete pavement, curb and gutter, curb ramps, sidewalk, storm drain, catch basins, potable water and sewer improvements, walls, landscaping, signing, and striping. Staff has inspected the improvements and determined they meet City standards. Additionally, the developer is required to provide for the perpetual maintenance of the landscaped median on Monroe Street adjacent to the project. The attached agreement satisfies this condition and is recommended for approval as part of the acceptance of the offsite improvements. ALTERNATIVES: Acceptance of these improvements is a ministerial action necessary for the release of the off -site improvement securities. The labor and material securities will only be released provided that no claims have been filed with the City for this work. Therefore, staff does not recommend any alternatives to the recommended action. Report prepared by: Edward J. Wimmer, P.E., Principal Engineer Report approved for submission by: Timothy R. Jonasson, P.E. Public Works Director/City Engineer Attachments: 1. Monroe Street Median Landscaping Maintenance Agreement 2. Vicinity Map «i ATTACHMENT 1 RECORDED REQUESTED BY AND WHEN RECORDED, RETURN TO: City of La Quinta P.O. Box 1504 La Quinta, CA 92247-1504 Attn: City Clerk (SPACE ABOVE LINE FOR RECORDERS USE ONLY) EXEMPT RECORDING REQUESTED PER Gov. CODE § 27383 PUBLIC IMPROVEMENTS MAINTENANCE AGREEMENT (MONROE STREET) CORAL MOUNTAIN DEVELOPMENT THIS PUBLIC IMPROVEMENTS MAINTENANCE AGREEMENT (the "Agreement") is made and entered into this day of , 2013 ("Effective Date"), by and between T.D. DESERT DEVELOPMENT LIMITED PARTNERSHIP, a Delaware limited partnership (hereinafter referred to as "Owner"), and the City of La Quinta, California, a California municipal Corporation (hereinafter referred to as "City"). RECITALS: A. Owner is the developer of Tract No. 31681, Andalusia at Coral Mountain, a residential development in the City of La Quinta (the "Development"). In connection with the first phase of the Development, Owner has developed and sold approximately one hundred twenty (120) single family residences, and anticipates developing and selling approximately ( ) additional single family homes within the Development. B. With the exception of the one hundred twenty (120) sold homes, Owner owns all of the real property underlying the Development (the "Owner Property"). The portions of the Owner Property that have not been sold (e.g., the Owner Property less the 120 sold homes) is hereinafter referred to as the "Property." The Property is more particularly described on Exhibit A and Exhibit B, both of which exhibits are attached hereto and incorporated herein by this reference. C. Owner has recorded against the Owner Property that certain Master Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Andalusia at Coral Mountain, which was recorded on March 21, 2006, as Instrument No. 2006- 0197684 (the "CC&Rs"). Pursuant to the CC&Rs, Andalusia at Coral Mountain Master Association, a California nonprofit corporation (the "Master Association"), has been formed to function as the homeowner's association for the Property. 5846462_2 1 of 12 42 D. The Development is subject to the conditions of approval for Tract Map No. 31 681 set forth in Resolution 2004-072, which was adopted by the City Council of the City on July 6, 2004 (collectively, the "Conditions of Approval"). The Conditions of Approval are incorporated herein by this reference, as though fully set forth herein. E. Condition of Approval 53.A.1 requires Owner to construct certain public improvements. Owner has completed construction of said public improvements including, without limitation, an 18-foot wide raised median on Monroe Street (the "Monroe Median"). F. Condition of Approval 73 requires Owner to make provision for the continuous and perpetual maintenance of all of the Monroe Median and certain private improvements. G. Owner has elected to provide for the continuous and perpetual maintenance of the Monroe Median by (i) entering into this Agreement with City, which requires that Owner and its successors maintain the Monroe Median until such time as the Master Association commences maintenance responsibility for the Monroe Median, and (ii) amending the CC&Rs to expressly add the aforementioned maintenance requirements as "Master Maintenance Areas" (as that term is defined in the CC&Rs) that are required to be maintained by the Master Association. H. City has fee interests in Monroe Street, Madison Street, Avenue 58, Avenue 60, and in various other streets, sidewalks, and other property within the City (the "Benefited Public Property"), and is responsible for planning of land uses within the City in such a manner as to provide for the health, safety, and welfare of the residents of the City. The Benefited Public Property is legally described in Exhibit "C" and Exhibit "D", both of which exhibits are attached hereto and incorporated herein by this reference. NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein by this reference, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged by City and Owner, it is agreed by and between the parties hereto as follows: 1 . Responsibilities of Owner. Commencing on the Effective Date, Owner shall maintain the Monroe Median in good condition and repair, including, without limitation, (i) weed abatement within the Monroe Median, and (ii) upon installation of landscaping within the Monroe Median, maintenance, nurturing, and replacement, as necessary, of the landscaping within the Monroe Median in a healthy condition, at all times. All of the maintenance required by this Section 1 (collectively, the "Owner Maintenance Obligations"). shall be to the satisfaction of City, which satisfaction shall be in the City's sole and absolute discretion Notwithstanding anything herein to the contrary, at such time as 5846462_2 2 of 12 43 landscaping is installed within the Monroe Median, Owner may enter into a contractual arrangement with the developer and/or owner of the real property located on the East side of Monroe Street, across from the Property (the "East Side Property Owner") regarding the maintenance of the landscaping installed within the Monroe Median. Such agreement shall not relieve Owner of its obligations hereunder to City. Owner shall also be responsible for the abatement and/or removal, in accordance with applicable local, state and federal laws and regulations, of any and all toxic, hazardous, dangerous or potentially dangerous wastes, materials and contaminants as defined by local, state, and/or federal law ("Hazardous Materials"), whether known or unknown, deposited or spilled within the Monroe Median or on any adjacent real property owned by Owner to the extent the deposit or spill arises out of Owner's activities, including, without limitation, Owner's performance of the Owner Maintenance Obligations. Owner's responsibility for the removal and/or abatement of any Hazardous Materials shall include the payment by Owner of any damages, costs, levies or fines incurred by City under local, state or federal law in connection with any such deposit or spill of Hazardous Materials. Owner or his/her landscape maintenance contractor shall apply for annual encroachment permits for perpetual maintenance of the Monroe Median. 2. Responsibilities of City. The City agrees to work with the County of Riverside staff to insure that installation and maintenance of landscaping within the Monroe Median be a requirement for the East Side Property Owner. The City also agrees to issue an encroachment permit to the Owner or his/her landscape maintenance contractor and as such the contractor may be approved by the City in advance for the purpose of performing the Owner Maintenance Obligations. 3. Failure to Perform Owner's Maintenance Obligations. If Owner fails to perform the Owner Maintenance Obligations in accordance with the standards set forth herein, the City may provide the Owner with written notice of such failure describing the deficiencies in reasonable detail (the "Deficiency Notice"). If such deficiency is not corrected within fifteen (15) business days following delivery of the Deficiency Notice to Owner, City shall have the right, but not the obligation, to cure the deficiency; provided, however, that if the deficiency is a type that cannot reasonably be cured within fifteen (15) business days, it will be deemed cured if Owner commences to cure the deficiency within such period and proceeds diligently and continuously thereafter to complete the cure of such deficiency. If City elects to cure the deficiency pursuant to City's rights set forth above in this Section 3, it shall be performed at City's standard rates and prices. In such event, Owner shall reimburse City for its costs including, without limitation, any attorneys' fees and costs, promptly upon City's delivery to Owner of an invoice accompanied by copies of receipts evidencing the actual cost of cure of such deficiency. 5846462_2 3 of 12 44 4. Maintenance by Master Association. City acknowledges and agrees that maintenance of the Monroe Median is or will become an obligation of the Master Association, and that at such time as Owner assigns to the Master Association, and the Master Association assumes from Owner, Owner's obligations under this Agreement, Owner shall be relieved of all liability hereunder. Notwithstanding the foregoing, however, nothing herein is intended to or shall relive the Master Association from its obligations under the CC&Rs to maintain the Monroe Median. 5. Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party of its contentions in writing by letter. The injured party shall continue performing its obligations incurred herein so long as the injuring party commences to cure such injuring action within fifteen (15) business days of delivery of such notice; provided, however, that if the injuring action is a type that cannot reasonably be cured within fifteen (15) business days, it will be deemed cured if the injuring party commences to cure the injury within such period and proceeds diligently and continuously thereafter to complete the cure of such injury. 6. Attorneys Fees. If either party commences an action against the other arising out of or in connection with this Agreement, including the filing of a lien or other legal action to compel payment of any amounts due, the prevailing party shall be entitled to recover reasonable attorneys fees and costs from the losing party. 7. Indemnification of City. Owner agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns ("City Indemnitees") harmless from and against any losses, claims, demands, actions, or causes of action ("Claims"), of any nature whatsoever, including costs of suit and reasonable attorneys fees, in connection with Owner's obligations under this Agreement. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such Claims, Owner shall provide a defense to the City Indemnitees, or at the City's option, reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claim. In addition Owner shall be obligated to promptly pay any final judgment or portion thereof rendered against the City Indemnitees. 8. Officers and Employees; No officer or employee of Owner or of City shall be personally liable for any default or breach of the terms of this Agreement. 9. Term of Agreement. This Agreement shall remain in full force and effect in perpetuity unless terminated pursuant to Section 13. 10. Runs with the Land. This Agreement shall run with the Property and shall bind successors in interest to Owner. The property benefited by this Agreement is 5846462_2 4 of 12 45 the Benefited Public Property and the property burdened by this Agreement is the Property. 11. Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give to the other party or any person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. 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 78-495 Calle Tampico La Quinta, CA 92253 (760) 777-7075 Attn: Timothy R. Jonasson Public Works Director/City Engineer To Owner: T.D. Desert Development Limited Partnership 81-570 Carboneras La Quinta, CA 92253 (760) 408-0106 Attn: Nolan Sparks Vice President 12. Assignment of Agreement. The Owner may not assign, sublet, hypothecate, encumber, or transfer (whether voluntarily or involuntarily) its obligations hereunder to any party without the prior written consent of the City, which consent may be withheld in the City's sole and absolute discretion. 13. General Provisions. A. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. B. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. C. This Agreement shall be governed by and interpreted with respect to the internal laws of the State of California without regard to conflict of law principles. D. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any rights or remedies provided for herein. E. This Agreement may not be amended or terminated except by an 5846462_2 5 of 12 46 instrument in writing signed by both parties. F. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. G. The person 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 are formally bound to the provisions of this Agreement. H. This Agreement may be executed in counterparts, which when taken together, shall constitute one fully executed document. 5846462_2 6 of 12 47 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. "Owner" T.D. Desert Development Limited Partnership, a Delaware limited partnership 81-570 Carboneras La Quinta, CA 92253 (760) 408-0106 M Title: M Title: "City" City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 0 Date Date Frank J. Spevacek, City Manager Date Attest: Susan Maysels, City Clerk Approved as to Form: M. Katherine Jenson, City Attorney Date 5846462_2 7 of 12 48 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY That certain real property in the City of La Quinta, Riverside County, California, described as follows: Lots 23, 24, 25, 30, 52, 53, 54, and 55 of Tract No. 31681-1, as shown on a Subdivision Map, filed in Book 373, Pages 7 to 13, inclusive, of Maps in the Office of the Riverside County Recorder. Lots 13,16,18, 21, 22, 33, 35, 37, 38, 39, 54, 60, 61, 63, 64, 65, 68, and 82, and Lot 0 of Tract No. 31681-2, as shown on a Subdivision Map, filed on February 10, 206, in Book 397 of Maps, Pages 34 through 44, in the Office of the Riverside County Recorder. Lots of Tract No. 31 681-3, as shown on a Subdivision Map, filed on in Book of Maps, Pages 3 through , in the Office of the Riverside County Recorder 5846462_2 8 of 12 49 EXHIBIT "B" DEPICTION OF PROPERTY 5846462_2 9 of 12 50 PYL41PIT "P" LEGAL DESCRIPTION OF CITY BENEFITED PROPERTY CMC CENTER CARPUS 0 E S C R I P T 1 0 N The land referred to in this report is situated in the County of Riverside, State of California, and is described as follows: PARCEL 1: That portion of the Northeast quarter of the Southwest quarter of Section 6, Township 6 South, Range 7 East, San Bernardino Meridian, in the County ❑f Riverside, State of California, according to the official plat thereof, described as follows: Beginning at a point on the North line of said Northeast quarter of the Southwest quarter which bears South 89047'20" West, 966.90 feet from the centerline of said Section 6; thence South 00012'30" East, 632.10 feet parallel with the West line of said Northeast quarter of the Southwest quarter to the North line ❑f Lot "H" being also the North line of Avenida La Fonda, as shown on the map of the Desert Club Tract No. 2, recorded in Book 20 Page 6 of Maps, in the 0fficie of the County Recorder ❑f said County; thence South 89045'30" West, 230.00 feet on the North line of said Lot "H"; thence North 72053130" West, 74.59 feet on the North line of said Lot "H"; thence on a curve concave to the Southwest on the Northerly line of said Lot "H" having a radius of 197.50 feet through an angle ❑f 17016'00", 59.52 feet t❑ the West line of said Northeast quarter of the Southwest quarter of Section 6; thence North 00012130" West, 601.30 feet ❑n the West line of said Northeast quater of the Southwest quarter of Section 6 to the Northwest corner ❑f said Northwest quarter of the Southwest quarter of Section 6; thence North 89047120" East, 360.00 feet on the North line of said Northeast quarter of the Southwest quarter of Section 6, to the point of beginning. EXCEPT the North 30.00 feet. PARCEL 2: That portion of the Northeast quarter of the Southwest quarter of Section 6, Township 6 South, Range 7 East, San Bernardino Meridian, in the County of Riverside, State of California, according to the official plat thereof, described as follows: 5846462_2 10 of12 51 ADJACENT STREETS: Streets, sidewalks, and all other public improvements contained within the following portions of public right of way: The portion of Monroe Street located between Avenue 58 and Avenue 60. The portion of Madison Street located between Avenue 58 and Avenue 60. The portion of Avenue 58 located between Monroe Street and Madison Avenue. The portion of Avenue 60 located between Monroe Street and Madison Avenue. 5846462_2 11 of12 52 EXHIBIT "D" DEPICTION OF CITY BENEFITED PROPERTY 5846462_2 12 of 12 53 ATTACHMENT 2 TM 31681-3 ANDALUSIA rm - i I AVENUE 58 .NAB'. AVENUE 60 L4'4 AVENUE 62 VICINITY MAP NOT TO SCALE 54 6v `mod' 4 .(%au[nf°' CITY / SA / HA / FA MEETING DATE: August 6, 2013 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: DONATION FROM CRITES, GIBBONS, CONSENT CALENDAR: 4 AND EDWARDS FOR KITCHEN EQUIPMENT AT FIRE STATION NO. 70 STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Adopt a Resolution accepting a donation from residents Bill and Janet Crites, Lee and Cindy Piquelle Gibbons, and Bob Edwards for kitchen equipment at Fire Station No. 70. EXECUTIVE SUMMARY: • A donation of gently used appliances has been offered by La Quinta residents Crites and Gibbons for Fire Station No. 70. • A donation of the installation of said equipment has been offered by La Quinta resident Bob Edwards. FISCAL IMPACT: The estimated value of these items and installation is $3,200. The value of the Crites donation is $800, Gibbons donation is $1,900, and the Edwards donation is $ 500. BACKGROUND/ANALYSIS: This summer, Bob Edwards Construction was selected to repair water damage in the kitchen of Fire Station No. 70, located at PGA West. Mr. Edwards recently completed kitchen renovation projects at PGA West for Bill and Janet Crites and Lee and Cindy Piquelle Gibbons, and mentioned the fire station repair work with a suggestion that the Crites and Gibbons donate their surplus equipment to the City. The Crites' renovation had a surplus KitchenAid stainless steel cooktop with a matching exhaust hood. The Gibbons' renovation had a surplus KitchenAid stainless steel refrigerator, a double oven (conventional and microwave), and a matching stainless steel warming drawer. 6'1:i Bob Edwards Construction volunteered to install the donated equipment at no additional charge. The only kitchen appliance that is being removed from Fire Station No. 70 is the original five -burner stove and oven unit. All of the donated kitchen appliances are matching KitchenAid stainless steel units that will improve the kitchen at Fire Station No. 70. ALTERNATIVES: As it is in the best interest of the City to accept the donation, staff does not have an alternative action. Report prepared by: Steve Howlett, Golf and Park/Landscape Manager Report approved for submission by: Edie Hylton, Community Services Director 6rA RESOLUTION NO. 2013 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING A DONATION FROM CRITES, GIBBONS, AND EDWARDS FOR KITCHEN EQUIPMENT AT FIRE STATION NO. 70 WHEREAS, on August 6, 2013, La Quinta residents Bill and Janet Crites, Lee and Cindy Piquelle Gibbons, and Bob Edwards offered a donation of kitchen appliances with installation for Fire Station No.70; WHEREAS, the donation was offered to the City of La Quinta and was not given to or limited to the use of any particular employee or official; and WHEREAS, it is in the best interest of the City of La Quinta to accept the donation; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The City of La Quinta hereby accepts the donation of kitchen appliances with installation at an estimated value of $3,200 for Fire Station No.70. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 6t" day of August, 2013, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 58 Resolution No. 2013- Crites, Gibbons, and Edwards Adopted: August 6, 2013 Page 2 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 6VI T4hf 4 4 a" CITY / SA / HA / FA MEETING DATE: August 6, 2013 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: TRAFFIC SIGNAL MAINTENANCE AGREEMENT BETWEEN CITY OF LA QUINTA AND CONSENT CALENDAR: 5 CITY OF PALM DESERT STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Approve a Traffic Signal Maintenance Agreement between the City of La Quinta and the City of Palm Desert, subject to minor modifications approved by the City Manager and City Attorney, and authorize the City Manager to sign the Agreement. EXECUTIVE SUMMARY: • The cities of La Quinta and Palm Desert currently share traffic signals at the intersections of Washington Street/Palm Royale and Washington Street/Fred Waring Drive. • While there currently is a maintenance agreement for the signal at the intersection of Washington Street/Fred Waring Drive between the City of La Quinta, City of Palm Desert and the City of Indian Wells, there is no maintenance agreement between the City of La Quinta and the City of Palm Desert for the maintenance of the existing shared signal at Washington Street/Palm Royale. • A maintenance agreement (Attachment 1) would enable shared costs for the signal and in addition, provide for shared maintenance costs of any future shared signals that come on line between the two cities. FISCAL IMPACT: The City of La Quinta will be required to pay 50 percent of the signal maintenance cost at the intersection of Washington Street and Palm Royale, which is estimated at $5,700 a year. This will be paid out of the Public Works operating budget. ['Y17 BACKGROUND/ANALYSIS: The Public Works Department has had informal maintenance agreements with neighboring cities for sharing the cost of maintaining traffic signals that straddle jurisdictional boundaries. Staff recommends that formal agreements be adopted for shared intersections to ensure maintenance costs are proportionately shared by the jurisdictions. While this agreement is specifically for maintenance of the intersection of Washington Street at Palm Royale, it will also allow for sharing the maintenance costs of any future shared signals that come on line between the two entities. ALTERNATIVES: Since approval of this agreement only formalizes an existing cost -sharing arrangement between the City of La Quinta and the City of Palm Desert, staff does not recommend any alternatives to the recommended action. Report prepared by: Bryan McKinney, Principal Engineer Report approved for submission by: Timothy R. Jonasson, P.E. Public Works Director/City Engineer Attachment: 1 . Traffic Signal Maintenance Agreement ATTACHMENT 1 COOPERATIVE AGREEMENT FOR OPERATION AND MAINTENANCE OF TRAFFIC SIGNAL AND SAFETY LIGHTING This Cooperative Agreement for Operation and Maintenance of Traffic Signals and Safety Lighting (hereinafter "Agreement") entered into this day of 2013, is between the City of LA QUINTA, a California municipal corporation, referred to herein as "LA QUINTA" and the City of PALM DESERT, a California municipal corporation, referred herein as "PALM DESERT". LA QUINTA and PALM DESERT are sometimes hereinafter individually referred to as "PARTY" and/or collectively referred to in this Agreement as "PARTIES". RECITALS 1) LA QUINTA and PALM DESERT, municipal corporations and members of the California Joint Powers Insurance Authority, desire to specify the terms and conditions under which traffic signals (INSTALLATIONS) located on shared boundaries will be maintained, as well as the obligations and responsibilities of the PARTIES with respect to those traffic signals. 2) The INSTALLATION(S) are listed and shown in Exhibit B, attached hereto and incorporated herein by this reference. The INSTALLATIONS are owned proportionately by each PARTY as shown in Exhibit B. As INSTALLATIONS are added or removed from this Agreement, the locations may be updated by either PARTY submitting to the other PARTY a proposed revised Exhibit B. The Director of Public Works, or equivalent, of each PARTY must approve in writing the revised Exhibit B prior to the revision taking effect. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is acknowledged, the PARTIES agree as follows: Section I — SCOPE OF SERVICES 1) General Scope of Services: PALM DESERT shall provide routine maintenance work and emergency call - out service on traffic signals, street safety lighting, flashing beacons, and other electrically operated traffic control or warning devices associated with the INSTALLATIONS. Routine maintenance services hereunder shall include the following work: inspect the signal system and clean the control cabinet every eight (8) weeks; clean and re -lamp signal heads as required; clean and re -lamp luminaires as required. Emergency call -out services shall include all repairs and maintenance of the subject traffic control and warning devices or reasonable temporary measures necessary to preserve the public safety in 725 00. 0000 1 \7919342.1 62 the event of a signal system failure. PALM DESERT shall apply to the local power company for service and pay for delivery of electrical power to the signals. 2) Extra Work: Any work to be performed beyond the scope of services described in paragraph 1), above, shall constitute extra work ("Extra Work"). Extra Work shall be compensated for with extra compensation calculated in a fair and equitable method in accordance with PALM DESERT's current rates and/or PALM DESERT's emergency /after-hours contractor's current rates. The current rates as they exist upon the effective date of this Agreement are set forth in Exhibit A. PALM DESERT may update those rates from time to time, and shall provide notice to LA QUINTA of such updated rates. PALM DESERT shall promptly notify LA QUINTA of any work that it has determined constitutes Extra Work before performing such Extra Work. LA QUINTA shall promptly respond and if it agrees that the subject work constitutes Extra Work, will authorize PALM DESERT, in writing, to perform the Extra Work, LA QUINTA shall compensate PALM DESERT for the Extra Work in accordance with this paragraph and PALM DESERT's then current rates. PALM DESERT shall make the final determination whether such work constitutes Extra Work, provided, however, that LA QUINTA shall be entitled to any and all legal remedies in the event of a dispute concerning such determination, including the right to terminate this Agreement with 30-day's notice. 725 00. 0000 1 \7919342.1 63 Section II —PALM DESERT'S OBLIGATIONS PALM DESERT AGREES: 1) To operate and maintain the INSTALLATIONS IN ACCORDANCE WITH Scope of Services in Section 1,paragraph 1), and to pay fifty percent (50%) of all operations, maintenance, repair, and replacement costs, including electrical energy costs, for the INSTALLATIONS 2) Records: Records for the work provided under this Agreement shall be kept by PALM DESERT and shall include the costs of all services performed. Such records shall be maintained for at least two (2) years and, upon reasonable notice, shall be made available for inspection by LA QUINTA. Section III —LA QUINTA'S OBLIGATIONS LA QUINTA AGREES: 1) To pay fifty percent (50%) of all operations, maintenance, repair, and replacement costs, including electrical energy costs, for the INSTALLATIONS. 2) To pay all of above -referenced amounts within thirty (30) days of receipt of the billing from PALM DESERT therefore. 3) Billing by PALM DESERT shall be made no more frequently than semi- annually, and if annually, shall cover the period beginning July 1 and ending June 30. 4) Upon full execution of this Agreement, the first billing submitted by PALM DESERT may include all eligible expenses incurred after full execution of this Agreement. All expenses incurred by PALM DESERT prior to full execution of this Agreement shall not be eligible for reimbursement. 5) In the event of a dispute, LA QUINTA shall submit any such dispute in writing to PALM DESERT. The Parties shall endeavor to resolve any such dispute and pay the balance due, if any, within a reasonable period of time. Section IV — GENERAL PROVISIONS 1) Terms and Termination: Once signed by all PARTIES, this Agreement shall remain in force until terminated in accordance with this section. This Agreement may be terminated by any PARTY hereto upon thirty (30) days written notice to the 725 00. 0000 1 \7919342.1 64 other PARTY of such termination. Any payment obligation then outstanding shall survive such termination. 2) Invalid Provision: The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 3) Amendment and Waiver: This Agreement may be amended or revoked at any time by a written agreement executed by LA QUINTA and PALM DESERT. No change or modification of this Agreement shall be valid unless the same is in writing and signed by all PARTIES. No waiver of any provision of this Agreement shall be valid unless in writing and signed by the PARTY granting such waiver, and in no event shall any such waiver be deemed to be a waiver of any other term, covenant or condition of this Agreement. 4) Attorneys Fees: Each of the PARTIES shall bear its own fees and costs, including without limitation attorney's fees, in the event of any dispute pertaining to this agreement. 5) Governing Law: This Agreement shall be construed and governed by the laws of the State of California. 6) Independent Counsel: Each PARTY has had the opportunity to consult with its own attorney with respect to this Agreement, and in the event that any language contained herein is construed to be vague or ambiguous, this Agreement shall not be strictly construed against any PARTY. 7) No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by all PARTIES, and no verbal understanding or agreement not incorporated herein shall be binding on either party hereto. 8) Upon completion of all work under this Agreement, ownership and title to all materials, equipment, and appurtenances installed in PALM DESERT shall be vested in PALM DESERT and all materials, equipment, and appurtenances installed in LA QUINTA shall be vested in LA QUINTA. 725 00. 0000 1 \7919342.1 65 9) Neither PALM DESERT nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by LA QUINTA under or in connection with any work, authority or jurisdiction delegated to LA QUINTA under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4, LA QUINTA shall fully indemnify and hold PALM DESERT harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by LA QUINTA under or in connection with any work, authority or jurisdiction delegated to LA QUINTA under this Agreement except to the extent that such injury results from PALM DESERT' own misconduct or negligence. 10) Neither LA QUINTA nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by PALM DESERT under or in connection with any work, authority or jurisdiction delegated to PALM DESERT under this Agreement. It is also agreed that pursuant to Government Code Section 895.4. PALM DESERT shall fully indemnify and hold LA QUINTA harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by PALM DESERT under or in connection with any work, authority or jurisdiction delegated to PALM DESERT under this Agreement except to the extent that such injury results from LA QUINTA's own misconduct or negligence. 1 1) Notices All notices or other communications required or permitted hereunder shall be in writing and shall be either personally delivered (which shall include delivery by means of professional overnight courier service which confirms receipt in writing (such as Federal Express or UPS)), sent by telecopier or facsimile ("FAX") machine capable of confirming transmission and receipt, or sent by certified or registered mail, return receipt requested, postage prepaid, to the following parties at the following addresses or numbers: If to "LA QUINTA": City of La Quinta 78-495 Calle Tampico La Quinta, CA 92247-1 504 Attn: Public Works Director Tel: (760) 777-7075 Fax: (760) 777-7155 725 00. 0000 1 \7919342.1 66 If to "PALM DESERT": City of PALM DESERT 73-510 Fred Waring Drive PALM DESERT, CA 92260 Attn: Public Works Director Tel: (760) 776-6450 Fax: (760) 341-7098 Notices sent in accordance with this paragraph shall be deemed delivered upon the next business day following: (1) the date of delivery as indicated on the written confirmation of delivery (if sent by overnight courier services); (2) the date of the actual receipt (if personally delivered by other means); (3) the date of transmission (if sent by facsimile machine), or; (4) the date of delivery as indicated on the return receipt (if sent by certified or registered mail, return receipt requested). Notice of change of address shall be given by written notice in the manner detailed in this paragraph. 725 00. 0000 1 \7919342.1 67 IN WITNESS WHEREOF, the PARTIES have executed the Agreement as of the dates set forth below. CITY OF LA QUINTA By: DONALD ADOLPH, Mayor ATTEST: By: SUSAN MAYSELS, City Clerk APPROVED AS TO FORM: By: M. KATHERINE JENSON, City Attorney APPROVE AS TO CONTENT: By: CITY OF PALM DESERT By: JAN C. HARNIK, Mayor ATTEST: By: RACHELLE D. KLASSEN, City Clerk APPROVED AS TO FORM: By: DAVID J. ERWIN, City Attorney APPROVE AS TO CONTENT: By: TIMOTHY R. JONASSON, P.E. Public Works Director/City Engineer MARK GREENWOOD, P.E., Public Works Director 725 00. 0000 1 \7919342.1 68 EXHIBIT A STANDARD BILLING RATES CITY OF PALM DESERT STAFF AND EQUIPMENT All rates subject to yearly update Rates are shown per hour and are billed pro -rated for any portion of an hour. Rates are established by City Council. Staff Position Regular Rate Overtime Rate Traffic Signal Technician $ 134 / hr. $ 161 / hr. Traffic Signal Specialist $ 138 / hr. $ 162 / hr. Landscape Inspector $ 106 / hr. $ 130 / hr. Equipment Regular Rate Service Truck $ 7 / hr. Bucket Truck $ 27 / hr. Service Truck with Message Board $ 19 / hr. 725 00. 0000 1 \7919342.1 69 EXHIBIT "B" INSTALLATIONS MAINTAINED DESCRIPTION OF SHARED PERCENT OWNERSHIP BY FACILITY AND LOCATION LA QUINTA PALM DESERT Palm Desert Traffic Signal and safety 50% 50% lighting: Washington Street at Palm Royale Drive. Cost share for maintenance and electricity 725 00. 0000 1 \7919342.1 70 M � o� V sy 5. c�tit OF CITY / SA / HA / FA MEETING DATE: August 6, 2013 ITEM TITLE: DENIAL OF CLAIM FOR DAMAGES FILED BY: MANUEL S. OCHOA, JR.; DATE OF LOSS — JANUARY 19, 2013 RECOMMENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 6 STUDY SESSION: PUBLIC HEARING: Deny the claim for damages of Manuel S. Ochoa, Jr., in its entirety. EXECUTIVE SUMMARY: • A claim was filed by Manuel S. Ochoa, Jr., pertaining to damage to his vehicle. • The City's claims administrator, Carl Warren & Company, reviewed this claim and recommends denial, as the County of Riverside is the responsible party. FISCAL IMPACT: None. BACKGROUND/ANALYSIS: The submitted claim was for $1,000 in damages to Mr. Ochoa's vehicle. His vehicle was struck by a vehicle owned and operated by the Riverside County Fire Department. The claim is being tendered to the Riverside County Fire Department. Report prepared by: Terry Deeringer, Human Resources/General Services Manager Report approved for submission by: Frank J. Spevacek, City Manager 01A Tjhf 4 4 a" CITY / SA / HA / FA MEETING DATE: August 6, 2013 ITEM TITLE: AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH TRI-STATE LAND SURVEYORS & CIVIL ENGINEERING, INC. FOR CONSTRUCTION SURVEYING SERVICES RECOMMENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 7 STUDY SESSION: PUBLIC HEARING: Approve an Amendment to the Professional Services Agreement with Tri-State Land Surveyors & Civil Engineering, Inc., for construction surveying services and authorize the City Manager to execute the Amendment. EXECUTIVE SUMMARY: • This Professional Services Agreement (PSA) with Tri-State Land Surveyors & Civil Engineering, Inc. (Tri-State) provides for on -call construction surveying services, primarily for capital improvement projects. • Tri-State has provided good service to the City for numerous years, including the initial term of this agreement. • The existing agreement allows for up to two, one-year extended terms. This would be the second extended term for this agreement. • As projected costs may exceed City Manager signing authority during the extended term, this item requires City Council approval. FISCAL IMPACT: This action could result in an estimated $35,000 expenditure during the one-year extended term, based on actual expenditures from Fiscal Year 201 1 /2012. Services are provided on an on -call, time and materials basis. Under this amendment, Tri-State's hourly rates will remain the same as listed in the original 74 PSA. Construction surveying services are paid out of the individual capital improvement program project budgets. BACKGROUND/ANALYSIS: On September 21, 2010, City Council approved a PSA for construction surveying services with Tri-State. It provided for an initial two-year term beginning September 22, 2010 and ending September 21, 2012, with an option for up to two additional one-year terms (extensions) upon mutual agreement by both parties. On September, 18, 2012, City Council extended the PSA for one additional year. At this time, staff recommended extending this PSA for another year. Because the projected cost could exceed the $30,000 City Manager signing authority, this item requires City Council approval. ALTERNATIVES: A new request for proposals could be issued to hire a different consultant survey firm; however, due to Tri-State's superior performance and willingness to maintain their 2010 prices, it is not recommended. Report prepared by: Bryan McKinney, Principal Engineer Report approved for submission by: Timothy R. Jonasson, P.E. Director of Public Works/City Engineer Attachment: 1. Amendment to PSA NO ATTACHMENT 1 AMENDMENT TO AGREEMENT BETWEEN TRI-STATE LAND SURVEYORS & CIVIL ENGINEERS, INC. AND THE CITY OF LA QUINTA This amendment to the Professional Services Agreement for On -Call Construction Surveying Services, made and entered into on September 18, 2012, by and between Tri-State Land Surveyors & Civil Engineering, Inc., herein referred to as the "Contractor" and the CITY OF LA QUINTA, herein referred to as the "City." WITNESSETH: WHEREAS, the City is desirous of Amending its Professional Services Agreement for Construction Surveying Services with Contractor to provide for an additional one (1) year of services; and WHEREAS, the Contractor, is agreeable to rendering services to the City on the terms and conditions contained in the Agreement for Construction Surveying Services between Contractor and City. IT IS AGREED that "Paragraph 3.4" of said Agreement is hereby amended to read in its' entirely as follows: 3.4 Term. Unless earlier terminated in accordance with Sections 8.7 or 8.8 of this Agreement, this Agreement shall continue in full force and effect beginning on September 19, 2013 and terminate on September 18, 2014 (second extended term). IT IS AGREED that Sections 5 through 10 are hereby amended to read in their entirety as per attached Exhibit "A." IT IS AGREED that the Contractor shall be compensated for the services rendered pursuant to this Agreement, in accordance with the attached Exhibit "B" (the Schedule of compensation"). IN WITNESS WHEREOF, the parties have executed this Amendment to the Agreement as of the dates stated below. rcy CITY OF LA QUINTA Dated: ATTEST: SUSAN MAYSELS, City Clerk APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney Dated: FRANK J. SPEVACEK City Manager Tri-State Land Surveyors & Civil Engineers, Inc. -32 Name: Title: "CONTRACTOR" NFA EXHIBIT A 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 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 78 primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to 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 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 80 by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 9. Consultant agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 11. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 81 14. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 17. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 18. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 19. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 20. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 82 21. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 6.0 INDEMNIFICATION. 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. 83 6.2 Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a 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 Desian 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. 84 3. Design Professional Defined. As used in this Section 6.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. 7.0 RECORDS AND REPORTS. 7.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 7.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 7.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 7.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not 85 disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 8.0 ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 8.7. 8.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 8.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 8.3. 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. 87 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: Frank Spevacek, City Manager 78-495 Calle Tampico La Quinta, California 92253 To Consultant: TRI-STATE LAND SURVEYORS & CIVIL ENGINEERS, INC. Attention: Dale Grinager, President 49484 Senilis Avenue Morongo Valley, CA 92256 88 10.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 10.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 10.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 10.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. 89 EXHIBIT B TRI.,STATE Lmd Sumyms & CMI ENONEWS, INC. 49484 SE:Nilis Avrnx, MouoNgo VAlky, CA 92251) (760) 363-7213 FAX (760) 363-7940 COST PROPOSAL. SHEL E Proposal to Provide Professional Construction Surveying Services for the teen of August S, 20112 through August 4, 2014 The following are our hourly rates to pro-6de the services outlined in the Request for Proposal for Construction Surveying Services and will be used as the basis for negotiating a Professional Services Agrecment: CLASSIFICATION OF PERSONNEL and HOURLY RATES PREVAILING WAGE PROJECTS 2 Person Survey Crew $120.00 3 Person Survey Crew $150.00 Office Calculations $95.00 Professional Land Surveyor RMIew $95.00 NON gREVAILLNGWAGE PROJECTS 2 Person Survey Crew $100.00 3 Person Survey Crew $140.00 Office Calculations $ 75.00 Professional Land Surveyor Review $ 75.00 7 �! L-z6� i, Luke R. Beverly, PLS 5223 a ( Date Siam Prima Consultant psi o� u,tcv � o� V s y ,rY c�tit OF CITY / SA / HA / FA MEETING DATE: August 6, 2013 ITEM TITLE: AGREEMENT BETWEEN CITY OF LA QUINTA AND COACHELLA VALLEY WATER DISTRICT FOR ADJUSTING VALVES AND MANHOLES RELATED TO STREET IMPROVEMENT PROJECTS RECOMMENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 8 STUDY SESSION: PUBLIC HEARING: Approve an agreement between the City of La Quinta and Coachella Valley Water District for adjusting valves and manholes related to street improvement projects, subject to minor modifications approved by the City Manager and the City Attorney. EXECUTIVE SUMMARY: • When the asphalt thickness of a city street is increased or reduced as a result of an overlay or pavement reconstruction project, utility valves and manholes must be adjusted to the new pavement thickness. • This agreement (Attachment 1) will allow the City of La Quinta (City) to be reimbursed by the Coachella Valley Water District (CVWD) for the cost of adjusting valves and manholes. FISCAL IMPACT: Since the City is currently paying for adjusting valves and manholes, this agreement will lower the construction cost of overlay and street reconstruction projects. The exact amount of savings on a project would depend on the number of valves and manholes requiring adjustment; however, the cost is typically approximately $600 per valve adjustment and $1,100 per manhole adjustment. BACKGROUND/ANALYSIS: City street improvement projects often cause street grade changes, resulting in the need to adjust utility covers and manholes to the new grade. Currently, either the rya City pays its contractor to adjust valves and manholes or the utility company is required to perform this work under its franchise agreement with the City. CVWD has proposed an agreement wherein they will reimburse the City for the cost of adjusting domestic water valves and sewer manholes. This agreement would benefit both the City and CVWD by providing the framework for efficient use of resources and ensuring that proper planning and coordination is conducted for CVWD facility adjustments. CVWD has recently entered into a similar agreement with the City of Palm Desert, which has worked to the benefit of both entities. The agreement is specific to street improvement projects within the City's jurisdiction where CVWD does not have prior rights. ALTERNATIVES: The City could continue to pay for adjusting CVWD's facilities; however, since CVWD has proposed an agreement that will save this cost with minimal coordination by staff, no other alternative is recommended. Report prepared by: Bryan McKinney, Principal Engineer Report approved for submission by: Timothy R. Jonasson Public Works Director/City Engineer Attachment: 1. Agreement between CVWD and City of La Quinta [.*N ATTACHMENT 1 AGREEMENT BETWEEN THE CITY OF LA QUINTA AND THE COACHELLA VALLEY WATER DISTRICT, FOR ADJUSTING VALVE OPERATOR WELLS AND MANHOLES RELATED TO STREET IMPROVEMENT PROJECTS THIS AGREEMENT ("Agreement") is entered into as of this day of , 20137 by and between the City of La Quinta ("La Quinta"), a municipal corporation, and the Coachella Valley Water District ("CVWD"), a public agency of the State of California. La Quinta and CVWD are sometimes hereinafter individually referred to as a "Party" and/or collectively referred to as the "Parties." RECITALS WHEREAS, La Quinta is responsible for public streets within the City limits; and WHEREAS, street improvement projects may include asphalt overlays, which change the grade of the street; and WHEREAS, La Quinta generally conducts multiple street improvement projects that change the grade of the streets throughout the year; and WHEREAS, CVWD has installed domestic water, non -potable water and sewer infrastructure within the streets in the public right-of-way, and CVWD has utility infrastructure located in the public streets, including valve operator wells and manholes; and WHEREAS, when street improvements cause changes to the grade of the street, CVWD's valve operator wells and manholes must be adjusted to grade in order to utilize them for their intended purposes; and WHEREAS, it is CVWD's responsibility to maintain access to its utility infrastructure in public streets; and WHEREAS, CVWD has the capability to adjust, or cause to be adjusted, the valve operator wells and manholes to grade. NOW, THEREFORE, the Parties mutually agree as follows: 1. La Quinta shall provide CVWD its proposed street improvement plan and budget for the current fiscal year by July 15. This will enable CVWD to adequately plan for any required infrastructure adjustments. 2. Election regarding performance of Utility Modifications a. La Quinta shall include in the bid schedule line items for adjusting valve 1 operator wells and manholes to grade ("Utility Infrastructure Adjustments"). La Quinta will give CVWD a minimum of seven (7) business days' notice of the bid opening, which CVWD may attend. Within seven (7) business days after the opening La Quinta shall notify CVWD in writing of the bid amounts for the project, which include the amount allocated to the Utility Infrastructure Adjustments. b. Within seven (7) days of receipt of written notification of the bid amounts, CVWD shall provide La Quinta written notification of its election to: (i) approve the Utility Infrastructure Adjustments pursuant to the approved street maintenance contract ("Construction Contract") and CVWD's agreement, as set forth herein, to reimburse La Quinta for the cost of the Utility Infrastructure Adjustments provided that the cost shall not exceed the bid amount submitted to CVWD; or (ii) reject the Utility Infrastructure pursuant to the Construction Contract and CVWD's agreement to cause the Utility Infrastructure Adjustments to be performed on its own behalf. C. Failure of CVWD to provide La Quinta timely notice pursuant to subsection b above shall be construed to be an election by CVWD to approve the Utility Infrastructure Adjustments pursuant to the Construction Contract and CVWD's agreement to reimburse La Quinta for the cost of the Utility Infrastructure Adjustments, as more particularly set forth herein. 3. Contracting The Parties recognize, acknowledge and agree that La Quinta shall be the awarding body and shall be responsible for compliance and enforcement of the provisions of the California Labor Code, Government Code and Public Contract Code with respect to all projects covered hereunder. In addition to the foregoing, the City shall ensure the following: a. CVWD is named as an obligee under any labor and material payment bonds and contract performance bonds for the project. b. CVWD is named as an additional insured on any general liability insurance required by La Quinta. c. CVWD and its officers, directors, employees, agents, successors and assigns are named as indemnified parties under all indemnifications; hold harmless provisions, waivers and releases in favor of La Quinta. d. CVWD shall be entitled to all warranties, guarantees and post completion bonds with respect to the project. 2 117 4. Construction The Parties agree that La Quinta shall cause construction of the project. The Parties agree that La Quinta shall advertise for, award, negotiate and supervise all contracts necessary for the construction of the project subject to CVWD's rights set forth in this Agreement, in accordance with applicable federal, state and local laws, including but not limited to, CEQA and La Quinta's public works requirements. 5. Inspection CVWD inspectors may inspect all work and materials pertaining to the Utility Infrastructure Adjustments. Construction that has been completed without a CVWD inspector present may be subject to CVWD's rejection. The Parties understand and agree that CVWD's inspection personnel shall have the authority to enforce the Plans, which authority shall include requiring that all unacceptable materials, workmanship and/or installation be replaced, repaired or corrected by La Quinta's contractors. 6. Change Orders La Quinta shall cause La Quinta's contractors to install the Utility Infrastructure Adjustments in strict accordance with the Plans and in accordance with the laws, rules and regulations of all governmental bodies and agencies having jurisdiction over the project. Any deviation from the Plans (with respect to the Utility Infrastructure Adjustments) must be approved by the CVWD in writing. Change orders for the project may be warranted due to a variety of reasons, including but not limited to, unforeseen circumstances or the need for construction of additional or changed improvements not contemplated by the Plans. Notwithstanding the foregoing, La Quinta shall not authorize its contractors to perform, and CVWD shall not be liable for any change order, extra work or alteration performed by La Quinta's contractors, unless authorization in writing from CVWD is given prior to the performance of such work. Any change order, extra work or alteration by La Quinta's contractor shall be based on a written request delivered to La Quinta within fifteen (15) days of the occurrence. La Quinta shall deliver its request to CVWD for approval or disapproval within five (5) days. 7. Completion Upon completion of the construction of the Utility Infrastructure Adjustments to the satisfaction of CVWD's inspectors, La Quinta shall notify CVWD, in writing, that the Utility Infrastructure Adjustments have been completed in accordance with the Plans. La Quinta shall provide the Parties evidence, that all persons, firms and corporations supplying work, labor, materials, supplies and equipment for the construction of Utility Infrastructure Adjustments have been paid and that no claims exist on behalf of any person, firm or corporation. 3 �:Iy 8. Reimbursement a. If CVWD elects to have Utility Infrastructure Adjustments performed by La Quinta's contractor(s), La Quinta shall pay for the work as part of the Construction Contract(s). CVWD shall pay for such work as more particularly set forth below. b. Within sixty (60) days of acceptance of, and payment for, Utility Infrastructure Adjustments, La Quinta shall present to CVWD a statement certifying its costs incurred in completing the work, and shall include copies of the contractor's invoices, evidence of payment, and such other information and records necessary to verify the cost of the work. C. By July 31st of each year, CVWD shall pay to La Quinta the amount due for all Utility Infrastructure Adjustments performed on behalf of CVWD in the previous fiscal year, provided that (i) CVWD has received an invoice for such work as set forth in Section 7.b; (ii) such amount per utility location does not exceed the approved bid plus any approved change orders; and (iii) there is no dispute regarding the amount due or any defective work or materials in which case CVWD may withhold the disputed amount while the Parties determine, in good faith, what amounts are owed. In the event CVWD has failed to make a payment when due, La Quinta shall provide CVWD with written notice that such amount is due and subject to the provisions of this subsection, CVWD shall make payment within ten (10) days after receipt of such notice. d. La Quinta agrees to keep all project contracts and records for a period of not less than three (3) years from the date notice of completion is filed by La Quinta for the street maintenance project. La Quinta also agrees that all such files and records shall be made available to CVWD upon its reasonable request. 9. Notices a. All notices hereunder must be in writing and, unless otherwise provided herein, shall be deemed validly given if sent by personal service (including express or courier service, with proof of delivery), by electronic communication, whether by telex, telegram, e-mail or facsimile (if confirmed by writing sent by registered or certified mail, postage prepaid, return receipt requested), or by certified or registered mail, postage prepaid, return receipt requested, addressed as follows: City of La Quinta Attn: Timothy R. Jonasson, P.E. Director of Public Works City of La Quinta Public Works 78-495 Calle Tampico La Quinta, CA 92253 Facsimile: (760) 777-7155 E-Mail Address: tjonasson@la-quinta.org M IMA Coachella Valley Water District Attn: Mark Johnson, P. E. P.O. Box 1058 Coachella, CA 92236-1058 Facsimile: (760) 391-9637 E-Mail Address: mjohnson@cvwd.org b. If the address or phone number where either Party may be contacted is changed, such Party will immediately notify the other party of such change. Any such communication, notice or demand shall be deemed to have been duly given or served on the date personally served, if by person, one (1) day after the date of confirmed dispatch, if by electronic communication, or three (3) days after being placed in the U.S. Mail, if mailed. 10. Legal Relations and Responsibilities a. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties to this Agreement. b. Each Party hereto shall indemnify, defend and hold the other Party and its council members, directors, officers, agents, representatives, servants and employees and their respective successors and assigns (collectively, "Representatives") harmless from any and all liabilities, claims, demands, debts, suits, actions and causes of actions, including but not limited to, property damage, personal injury or wrongful death, arising out of or in any manner connected with (i) any act or omission of such indemnifying Party hereunder, or its Representatives, done or performed pursuant to the terms and provisions of this Agreement; and (ii) any breach by a Party of its obligations under this Agreement. C. The Parties hereby agree that this Agreement shall not apply in those situations where (i) CVWD has prior rights in the streets, including constructing its facilities in the streets prior to the construction of the street and (ii) California law requires La Quinta to pay for or reimburse CVWD for the cost of adjusting valve operator wells and manholes to grade. 11. Counterparts This Agreement may be executed in one or more counterparts and when a counterpart shall have been signed by each party hereto, each shall be deemed an original, but all of which constitute one and the same instrument. 12. Termination This Agreement may be terminated by either Party effective thirty (30) days following execution of written notification of termination. Termination shall not relieve CVWD of its obligation to reimburse La Quinta for any Utility 5 Infrastructure Adjustments elected to be performed prior to termination or any of the obligations of either Party that accrued prior to termination. 13. Entire Agreement This instrument and other writings referenced herein, contain the entire agreement between the parties relating to the subject matter hereof and supersede any and all prior agreements between the parties, oral or written, and any and all amendments thereto. Any oral representations or modifications concerning this instrument shall be of no force and effect, excepting a subsequent modification in writing, signed by the parties to be charged. 14. Attorneys' Fees In the event of any litigation or other action between the parties arising out of or relating to this Agreement or the breach thereof, the prevailing party shall be entitled, in addition to such other relief as may be granted, to its reasonable costs and attorneys' fees. 15. Severability If any provision of this Agreement shall be ruled invalid, illegal or unenforceable, the Parties shall: (a) promptly negotiate a substitute for the provisions which shall to the greatest extent legally permissible, effect the intent of the Parties in the invalid, illegal or unenforceable provision, and (b) negotiate such changes in, substitutions for or additions to the remaining provisions of this Agreement as may be necessary in addition to and in conjunction with subsection (a) above to give effect to the intent of the Parties without the invalid, illegal or unenforceable provision. To the extent the Parties are unable to negotiate such changes, substitutions or additions as set forth in the preceding sentence, and the intent of the Parties with respect to the essential terms of the Agreement may be carried out without the invalid, illegal or unenforceable provisions, the balance of this Agreement shall not be affected, and this Agreement shall be construed and enforced as if the invalid, illegal or unenforceable provisions did not exist. 16. Authority Each individual executing this Agreement hereby represents and warrants that he or she has the full power and authority to execute this Agreement on behalf of the named parties. 17. Applicable Law This Agreement is entered into within the State of California, and all questions concerning the validity, interpretation and performance of any of its terms or provisions G 14M IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed as of the date first written above. CITY OF LA QUINTA By: Don Adolph, Mayor (Signature to be Notarized) APPROVED AS TO CONTENT By: ATTEST: Susan Maysels City Clerk APPROVED AS TO FORM: By: By: Frank J. Spevacek M. Katherine Jenson City Manager City Attorney COACHELLA VALLEY WATER DISTRICT ATTEST: By= JIM BARRETT General Manager (Signature to be Notarized) APPROVED AS TO FORM: REDWINE & SHERRILL By: Redwine & Sherrill General Counsel By: JULIA FERNANDEZ Board Secretary 7 `llit CVWD NOTARY ACKNOWLEDGMENT State of California } }SS County of } On , 20 before me, a Notary Public, personally appeared , 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. Signature (Seal) CITY NOTARY ACKNOWLEDGMENT State of California } }SS County of Riverside } On, 20 , before me, a Notary Public, personally appeared, 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. `11 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. Signature E (Seal) MIY' f[sIc] c� OFTL9 CITY / SA / HA / FA MEETING DATE: August 6, 2013 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: AGREEMENT FOR THE FUNDING OF SCHOOL RESOURCE OFFICERS CONSENT CALENDAR: 9 STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Approve agreement with Desert Sands Unified School District for the funding of three School Resource Officers and authorize City Manager to execute. EXECUTIVE SUMMARY: • The City partners with Desert Sands Unified School District (DSUSD) for funding School Resource Officers (SRO's) in La Quinta schools. DSUSD then contracts with the County of Riverside for SRO services, which are provided by the Riverside County Sheriff's Department. • Currently, the City utilizes three SRO's, who provide security and crime prevention services in schools. • The agreement documents the City's and DSUSD's financial commitment to each pay 50 percent of the cost of two SRO's for Fiscal Years 2013-2014 through 2015-201 6. The City will fund 100 percent of the other SRO. • In order for DSUSD to retain the SRO's, the agreement (Attachment 1) requires approval by the City Council. Only SRO's who have been serving in this capacity will be retained. FISCAL IMPACT: The City's cost of the agreement is approximately $235,000 annually. Funds are included in the Fiscal Year 2013-2014 Police Services budget. BACKGROUND/ANALYSIS: Beginning in 1994, the City utilized SRO's to enhance police services. SRO services are contracted through the Riverside County Sheriff's Department. The officers are a part of the City's community -oriented policing and they work closely with school administrators in an effort to create a safer environment for both students and staff. In addition, they provide direct and on -site police services when a call for service is made involving a school, which lessens the need to deploy additional police resources patrolling other portions of the City. The City's partnership with DSUSD for SRO's has existed since 2003. SRO's work in La Quinta schools during the school year. They are assigned to La Quinta High School, Summit High School, Colonel Mitchell Paige, and serve all elementary schools. ALTERNATIVES: As this agreement enhances police service levels without the City incurring the full cost, staff does not recommend an alternative. Report prepared by: Chris Escobedo, Assistant to City Manager Report approved for submission by: Frank J. Spevacek, City Manager Attachment: 1. Agreement 11110 ATTACHMENT 1 DESERTAGREEMENT BETWEEN THE ■ SCHOOL DISTRICT t r THE CITY OF A QUINTA FOR THE FUNDING AND PLACEMENT THREE ■,' • •' • ' 0ZT-11Big I • This Memorandum of Understanding (MOU) is entered into for Fiscal Years 2013/2014, through 2015/2016, by and between Desert Sands Unified School District (DSUSD), hereafter referred to as DISTRICT and the City of La Quinta, hereafter referred to as The purpose of • to document parties' •- . • • of commitment to each pay 50% of the cost of two School Resource Officers for Fiscal Years 1 # 4 through 2015/2016. - CITY will fund 0 of • of • - School Resource Officer. Annually, the parties' agree to review the cost share of the 10% CITY funded School ResourceOfficer and explore partnership opportunities throughgrants and available resources. One School Resource Officer assigned to La Quinta High School throughout the term of this MOU. One •• Resource Officer assigned to Summit High•• • Colonel Paige throughout the term of this MOU. i • - School ResourceOfficer assigned to La Quinta Middle School and all La Quin ,--lementary schools throughout the term of this MOU. By signing this MOU,the DISTRICT and CITY agree to financially contribute the • portions of the funds.All - are estimates. DISTRICT will submit invoice to the CITY using the percent of • -s from the Riverside County Sheriff's Department as the basis for invoicing. Cindy a -Superintendent Frank J. Spevacek, City Manager `DR, WIYA o� u,tcv � o� V s y ,rY c�tit OF CITY / SA / HA / FA MEETING DATE: August 6, 2013 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: AMENDMENT TO LAW ENFORCEMENT SERVICES AGREEMENT CONSENT CALENDAR: 10 STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Approve amendment to Law Enforcement Services Agreement with the County of Riverside. EXECUTIVE SUMMARY: • La Quinta contracts with the County of Riverside for police services, which are provided by the Riverside County Sheriff's Department. • Funds to hire one additional Community Service Officer (CSO) are included in the Fiscal Year 2013-2014 Police Services budget. Currently, the City utilizes five CSO's. • In order to hire a CSO, an amendment to the Law Enforcement Services Agreement (Attachment 1) requires approval by City Council. FISCAL IMPACT: The cost of hiring one additional CSO is approximately $100,000 annually. Funds are included in the Fiscal Year 2013-2014 Police Services budget. BACKGROUND/ANALYSIS: Beginning in 1994, the City utilized CSO's to supplement police services. CSO's provide support to sworn officers in crime prevention, investigation, and response as well as upholding law and order. By taking on support -type duties, sworn officers can dedicate more of their time to police patrols and response to crime. `ter. City Council requested the addition of one CSO, and on June 18, 2013, the Sheriff's Department received direction to proceed with the recruitment. It will take approximately six to eight months to have the CSO on board. The Sheriff's Department is working with the County's Human Resources Department to expedite the process. In order to hire the selected CSO, an amendment to the Law Enforcement Services Agreement requires City Council approval. ALTERNATIVES: As the addition of one CSO was directed by City Council, staff does not recommend an alternative. Report prepared by: Chris Escobedo, Assistant to City Manager Report approved for submission by: Frank J. Spevacek, City Manager Attachment: 1. Amendment to Law Enforcement Services Agreement `[$ ATTACHMENT 1 FIRST AMENDMENT TO AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN COUNTY OF RIVERSIDE AND CITY OF LA QUINTA IT IS MUTUALLY AGREED that the Agreement for Law Enforcement Servic between the County of Riverside, a political subdivision of the State of California, on behalf the Riverside County Sheriffs Department, and the City of La Quinta, a Charter City, approve by the Board of Supervisors on August 28, 2012, for services effective July 1, 2012 through Jul 30, 2017, is hereby amended in the following respects, and all other terms and conditions of t Agreement remain in full force and effect: 150 supported hours per day. (Equivalent of 30.7 Deputy Sheriff positions @ 1,7W annual productive hours per position.) 007176RI-10-481MW 13M 4511101!11111111111 ! I - WM141TMG3M0: =0� MINIMUM iffilt IN WITNESS WHEREOF, the City of La Quinta, by minute order or resolution du]M adopted by its City Council, has caused this Amendment to Agreement to be signed by its Ma I y and attested and sealed by its Clerk, and the County of Riverside, by order of its Board Supervisors, has caused this Amendment to be signed by the Chairman of said Board and seal and attested by the Clerk of said Board, all on the dates indicated below. Dated: By: MZNMEMI� Name Susan Maysels, City Clerk Title City of La Quinta, California 0 COUNTY OF RIVERSIDE Dated: By: John J. Benoit, Chair, Riverside County Board of Supervisors ATTEST: Kecia Harper-lhem, FOR A P. ) --D Ty COU�S�n Clerk of the Board Al [)ATE By: Deputy 11 iffiffil c�tit OF T 9� CITY / SA / HA / FA MEETING DATE: August 6, 2013 ITEM TITLE: RESOLUTION ADOPTING THE RECORDS RETENTION SCHEDULE FOR CITY DEPARTMENTS AND APPROVING DESTRUCTION OF RECORDS IN ACCORDANCE HEREWITH RECOMMENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 11 STUDY SESSION: PUBLIC HEARING: Adopt a Resolution setting forth the Records Retention Schedule for all City departments and approve the destruction of records in accordance herewith. EXECUTIVE SUMMARY: • City records that are no longer required for administrative, legal, fiscal or historical reasons are destroyed in strict compliance with the records retention period and policies and procedures set forth in the La Quinta Records Management Manual and Retention Schedule. • The Retention Schedule may be revised by resolution of the City Council (Government Code Section 34090.) • Staff is recommending revisions (Attachment 1) to the Records Retention Schedule because new record types have been added to City files and staff has increased the retention time for some file types. FISCAL IMPACT: None. BACKGROUND/ANALYSIS: On February 16, 2010, the City Council adopted the City of La Quinta Records Management Manual by Resolution 2010-016, which included a Records Retention Schedule. The City Council may revise the Retention Schedule as required. As "vt part of an overall review of City processes and procedures, the City Clerk, in conjunction with the City Attorney, reviewed the Retention Schedule and identified needed modifications. Attachment 1 to this Report presents the recommended changes and additions, as noted in italics. ALTERNATIVES: A current, accurate retention schedule is required for a city to function in a legal, consistent and efficient manner. Therefore, no alternative is recommended. Report prepared by: Teresa Thompson, Deputy City Clerk Report approved for submission by: Susan Maysels, City Clerk Attachment: 1 . Retention Schedule revisions MCI City of La 014imta, CaNjormia RETENTION SCHEDULE changes & additions 2013 UFFS Description TOTAL Primary Scan / Citation Number RETENTION Responsibility Image add> 101. 11 Telephone Logs /Message Pads current year + 2 years all departments CC. -no GC34090 Attorney Opinion add> 102.02 Public Hearing Notices returned undelivered by Post Office 2 years PLANNING PL.-no no 612112011 add> 102.07 Postings to Facebook, Twitter, etc current year + 2 years publishing dept CC. -no GC34090 current year + 2 years chg> 104. 10 Awards &Donations Received by the City CITY MANAGER CC:no GC34090 unless of historic value current year + 2 years chg> 104. 11 Awards, Proclamations &Donations Presented by the City issuing dept CC:no GC34090 unless of historic value add> 105.09 Telephone or Radio Communication Recordings 100 days INFO SERVICES NA G34090.6 Housing Authority Annual Activity Report to State Dept of add> 208. 13 PERMANENT CLERK CC:yes HSC Section 34328 Housing & Community Development Dissolution of the Redevelopment Agency: general CLERK/CITY City Attorney & City Clerk add> 208. 14 until settled/closed + 5 yrs CC:no information & correspondence MANAGER 7/2013 FMLA 1993 US OSHA; add> 503. 11 Family Medical Leave Closed + 30 years HUMAN RESOURCE No 29CFR 1602.30-32, 49CFR 193-9, 1910.20 add> 510.13 Insurance Policies - Earthquake PERMANENT RISK MGMT RM.-no CCP 337.2, 343 add> 510.14 Insurance Policies - Theft PERMANENT RISK MGMT RM.-no add> 510.15 Insurance Policies - Equipment Breakdown PERMANENT RISK MGMT RM.-no add> 510.16 Insurance Policies - Volunteers PERMANENT RISK MGMT RM.-no add> 510.17 Insurance Policies - Pollution PERMANENT RISK MGMT RM.-no add> 510.18 Underwriters' Report per insurance law JPIA No JPIA State requires 2 yrs chg> 701.02 Agendas and Staff Reports: CC, RDA, FA, HA, SA = paper CY+2 yrs CLERK CC:yes PERM = Staff request - electronic = PERMANENT research value State requires 2 yrs chg> 701.06 Agenda Packets: Boards, Commissions, Committees = paper CY+2 yrs supporting dept CC:yes PERM = Staff request - electronic = PERMANENT research value chg> 701.15 City Council Appts to Outside Agencies +FPPC Form 806 until expiration + 5 years CLERK CC:no GC34090, 40801 add> 703.04 Claims filed by City against others until settled + 2 years CLERK CC:yes GC6254 add> 704. 13a Video Recordings - Council Meetings 90 days IT no GC34090 add> 704.27 Notices re: fee increases per GC 66016 one year CLERK CC: N drive GC66016 add> 705.18 Assessment District, Release of Liens PERMANENT CLERK No GC34090 add> 705.19 L&L 89-1 - Engineer's Annual Levy Report PERMANENT PUBLIC WORKS PW.•no GC34090 add> 705.20 L&L 89-1 -Annual Assessment Roll PERMANENT PUBLIC WORKS PW.•no GC34090 add> 1102.09 Adopt -a -Park Program completion + 4 years COMMUNITY SVC CS. -no GC34090,•CCP337 add> 1203.03 Lake Perris Dam current year + 2 years CLERK No GC34090 Page 1 of 1 114 M RESOLUTION NO. 2013 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING THE RECORDS RETENTION SCHEDULE FOR CITY DEPARTMENTS AND APPROVING THE DESTRUCTION OF RECORDS IN ACCORDANCE HEREWITH WHEREAS, except for records less than two years old and certain other records, Government Code Section 34090 authorizes the head of the city department to destroy any city record, document, instrument, book or paper under his/her charge, without making a copy thereof, after the same is no longer required, with the approval of the City Council by resolution and written consent of the City Attorney; and WHEREAS, the City Council believes there are benefits of ease of administration to adopting a Records Retention Schedule governing the disposition and destruction of official city records in accordance with state and federal laws, and records management best practices, and WHEREAS, the City Attorney has reviewed and approved the attached Records Retention Schedule. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The Records Retention Schedule, attached hereto as Exhibit A and incorporated as part of this Resolution is hereby adopted. SECTION 2. Records are not to be kept beyond the retention period set forth in the Records Retention Schedule. SECTION 3. The Record Retention Schedule adopted by Resolution 201 1-014 is hereby rescinded. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 6t" day of August, 2013 by the following vote: AYES: NOES: ABSENT: "rr Resolution No. 2013- Records Retention Schedule Adopted: August 6, 2013 Page 2 ABSTAIN: 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 "n City of La QuiNta, CaNjormia RETENTION SCHEDULE table of contents 100 ADMINISTRATION 101 Correspondence & Reference 102 Publications 103 Policies & Procedures 104 Public Relations 105 Information Technologies 106 Records Management 200 PLANNING AND REDEVELOPMENT 201 (Open) 202 Historic Preservation 203 Planning 204 Community Development Block Grant Prog 208 Redevelopment 300 ECONOMIC DEVELOPMENT AND MARKETING 301 Economic Development 302 Marketing 400 FINANCIAL AND FISCAL 401 General Accounting 402 Banking Records 403 Audits 404 Payroll 405 Bonds 406 Retirement 407 Investments 408 Revenue 409 Taxes 410 Budgets Pagel of 32 118 411 Cost Analysis Studies 412 Accounts Payable and Purchasing 413 Bids 500 HUMAN RESOURCES AND RISK MANAGEMENT 501 Human Resources Administration 502 Personnel Records 503 Salary and Benefits 504 Classifications 505 Personnel Management 506 Recruitment and Selection 507 Education and Training 508 Safety and Medical Records 509 Labor Relations 510 Risk Management 600 CONTRACTS, SUPPLIES, AND EQUIPMENT 601 (Open) 602 Contracts and Agreements 603 Inventory, Supplies, and Maintenance 700 LEGAL AND LEGISLATIVE 701 Legislative (inclu Board & Commission Agendas, etc) 702 Elections 703 Legal Investigations and Litigations 704 Legal Operations 705 Assessment/Special Districts 800 CONSTRUCTION AND ENGINEERING 801 General Administration 802 Engineering Permits and Inspections 803 Engineering Maps, Plans, and Specs 804 Building Permits and Inspections 805 Building Plans and Specifications 806 Capital Projects 807 Streets, Bridges, Sidewalks, Curbs, Gutters, & Driveways 808 IStorm Drainage, Flood Control& Sanitation Page 2 of 32 119 809 Traffic Engineering 810 Parking 900 (open) 1000 PROPERTY 1001 Right -Of -Ways 1002 Real Property 1003 Boundary Files 1004 Annexations 1100 PUBLIC FACILITIES 1 101 Administrative Facilities 1 102 Parks and Open Space 1200 UTILITIES, COMMUNICATIONS, AND TRANSPORTATION 1201 General Utilities 1202 Gas and Electric 1203 Water Service 1204 Telephone 1205 Cable Television 1206 Transportation 1300 SAFETY AND ENVIRONMENTAL 1301 General Administration 1302 Emergency Services 1303 Police Services 1304 Fire Services 1305 Animal Control 1306 Environmental Issues & Conservation 1307 Code Enforcement and Permits 1400 ARTS, RECREATION, AND EDUCATION 1401 Cultural Arts 1402 Recreation Programs and Activities 1403 Education Page 3 of 32 120 1500 GOVERNMENTAL ORGANIZATIONS & OFFICES 1501 United States 1502 State of California 1503 Regional 1504 Riverside County 1505 Intra-City 1506 International DEPARTMENT CODES RETENTION SCHEDULE CITATIONS B+S Building & Safety/Code Compliance B&P Business and Professions CC City Clerk CAC California Administrative code CS Community Services CCP Code of Civil Procedure CM City Manager Dept CCR Code of California Regulations F Finance CEQA California Environmental Quality Act PL Planning CFR Code of Federal Regulations PW Public Works EC Election Code FMLA Family and Medical Leave Act, 1993 GC Government Code H&S Health and Safety Code HUD Housing and Urban Development LQCC / CM La Quinta City Council Resolution / City Manger approval LQCC / CA La Quinta City Council Resolution / City Attorney approval OMB Federal Office of Management & Budget OSHA Occupational Safety and Health Act PC Penal Code POST Post Office Standards Training UFC Uniform Fire Code USC United States Code WIC lWelfare and Institutions Code Page 4 of 32 121 City of La QuiNta, CaNjormia RETENTION SCHEDULE For all files, retention should be PERMANENT if contents have historical value. Retention pertains to original record, except where otherwise noted in the Records Management Manual UFFS Description TOTAL Primary Scan / Citation Number RETENTION Responsibility Image 100 ADMINISTRATION ADMIN. 101 CORRESPONDENCE & REFERENCE: 101.01 Chronological Correspondence current year + 2 years all departments CC:no GC34090(d) 101.02 Conferences & Meetings (external) destroy at will all departments CC:no non -record 101.03 City Boards, Commissions, Committees- General current year + 2 years supporting dept CC:no GC34090(d) 101.04 Council Chamber Reservations / Facility Use current year + 2 years CITY MANAGER CC:no GC34090 101.05 Suspense & Tickler Files, General Subject current year + 2 years all departments CC:no GC34090 101.06 Departmental Staff Meetings, General Subject current year + 2 years hosting dept CC:no GC34090 101.07 Work & Vacation Schedules until superseded all departments CC:no non -record 101.08 Telephone Directories until superseded all departments CC:no non -record 101.09 Reference Materials until superseded all departments CC:no non -record 101.10 101.11 ADMIN.102 102.01 102.02 102.03 Instruction for Completing Specific Tasks destroy at will issuing dept Telephone Logs/Message Pads current year '+ 2 years all departments PUBLICATIONS: Public Hearing Postings (non -legal) current year + 2 years issuing dept Public Hering Notices returned urideGvered by Post Office ' 2 years PLANNING Display Ads & Misc. (non -legal) current year + 2 years issuing dept CC:no non -record CC.no GC34090 CC:no GC34090.7; 54960.1 (c)(1) PL:no City Attorney Opinion 1 CC:no GC34090 102.04 Subscriptions (non -City publications) destroy at will receiving dept CC:no non -record 102.05 Publication Rates until superseded FINANCE CC:no non -record 102.06 102.07 ADMIN.103 103.01 Web Site files Postings to Facebook, Twitter, etc POLICIES '& PROCEDURES Mission Statements current year + 2 years current year '+ 2 years until superseded + 2 years publishing dept publishing dept CITY MANAGER CC:no CC. -no shared drive GC34090 GC34090 GC34090; 40801 103.02 Administrative Policies until superseded + 5 years CITY MANAGER shared drive GC34090d 103.03 (OPEN) 103.04 Goals & Objectives current year + 2 years CITY MANAGER shared drive GC34090 Page 5 of 32 122 UFFS Description TOTAL Primary Scan / Citation Number RETENTION Responsibility Image 103.05 Organizational Charts until superseded + 5 years CITY MANAGER shared drive 29 CFT 1627.3; Lbr Rltns Sec 1174; 29 CFR 1602.30.32; GC6250 et seq; 29 CFR; GC 12946, 34090 ADMIN. 104 104.01 PUBLIC RELATIONS Public Inquires & Complaints current year + 2 years receiving dept CC:no GC34090 104.02 Press Releases, Issued by City current year + 2 years issuing dept CC:no GC34090 104.03 Newsletter, Created by City until superseded + 2 years issuing dept CC:partial GC34090 104.04 Other Publications, Created by City until superseded + 2 years issuing dept CS:no GC34090 104.05 City Brochures & Calendars, Created by City until superseded + 2 years issuing dept CS:no GC34090 104.06 Public Ceremonies & Events, Produced by City current year + 2 years producing dept CS:no GC34090 104.07 City Anniversary Events current year + 2 years producing dept CS:no GC34090 104.08 Other Special Events, Produced by City current year + 2 years producing dept CS:no GC34090 104.09 104.10 104.11 104.12 Public Surveys/Questionnaires, Issued by City current year + 2 years issuing dept CC:no GC34090 ' Awards &Donations Received by the City'.. current year + 2 years CITY MANAGER CC:no GC34090 unless of historic value ' Awards, Proclamations & Donations Presented by the City', current year + 2 years issuing dept CC:no GC34090 unless of historic value Pillars of the Community Program PERMANENT CLERK+ COM SVC CS:yes GC34090 104.13 Senior Inspiration Award Program PERMANENT COMMUNITY SVC CS:yes GC34090 104.14 Civic Organizations & Clubs until superseded + 2 years COMMUNITY SVC CC:no GC34090 104.15 Community Education until superseded + 2 years issuing dept CC:no GC34090 104.16 Promotional Activities current year + 2 years issuing dept CS:no GC34090 104.17 Newspaper Clippings about City PERMANENT CLERK CC:no historic value 104.18 Photographs: Historic or Public Property PERMANENT receiving dept CC:no historic value 104.19 City Seal, Logo - Bird, Flower, Tree PERMANENT CLERK CC:no historic value 104.20 City Pins PERMANENT CLERK CC:no historic value 104.21 City Flag PERMANENT BUILDING CC:no historic value 104.22 Acknowledgment Areas Program PERMANENT COMMUNITY SVC CS:yes historic value 104.23 Keys to the City PERMANENT CLERK CC:no historic value 104.24 Sister City Program, designation/correspondence PERMANENT CLERK CC:no historic value ADMIN. 105 105.01 INFORMATION TECHNOLOGIES Computer Software, programs & manuals until superseded + 2 years INFO SERVICES CC:no GC34090 105.02 Telephone System, programs & manuals until superseded + 2 years INFO SERVICES CC:no GC34090 105.03 Software Licenses until superseded + 2 years INFO SERVICES CC:no GC34090 105.04 (OPEN) Page 6 of 32 123 UFFS Description TOTAL Primary Scan / Citation Number RETENTION Responsibility Image 105.05 Warranties on Software & Equipment until superseded + 2 years INFO SERVICES CC:no GC34090 105.06 Configuration Maps & Plans of Systems current year + 4 years INFO SERVICES CC:no GC34090; CCP337.2, 343 105.07 Daily backup of system files 14 days INFO SERVICES NA LQCC Resolution 105.08 105.09 105.10 Weekly backup of system files Telephone or Radio Communication Recordings (OPEN) 14 days 100 days INFO SERVICES INFO SERVICES NA NA LQCC Resolution G34090.6 105.11 E-Mail inbox and sent folders - (60 days to move reocrds out, remainder is non -records) 60 days every employee no non -record, LQCC Resolution 105.12 E-Mail deleted items folder (7 days to retrieve deleted items) 7 days every employee no non -record, LQCC Resolution ADMIN. 106 106.01 RECORDS MANAGEMENT Filing Systems & Procedures / Records Management Manual until superseded + 2 years CLERK CC:no GC34090; 40801 106.02 Retention Schedule until superseded + 4 years CLERK shared drive CCP343 106.03 Records Destruction Authorizations PERMANENT CLERK CC:yes GC34090 106.04 Records Inventories, Inactive in basement PERMANENT depositing dept CC:no GC34090 106.05 Records Indexing Lists PERMANENT filing dept CC:no GC34090 106.06 Records Inventories, Active PERMANENT filing dept CC:no GC34090 200 PLANNING & REDEVELOPMENT PIANIREDEV201 (OPEN) 201.00 (OPEN) PLN/REDEV202 202.01 HISTORIC PRESERVATION Historic Site Inventories PERMANENT PLANNING CC:no GC34090d, LQCC/CM 202.02 Master Plans until superseded + 2 years PLANNING CC:no GC34090 202.03 Preservation Case Files PERMANENT PLANNING PL:yes GC34090 202.04 Archeological Collections PERMANENT PLANNING PL:no GC30490 PLN/REDEV203 203.01 PLANNING Tentative Tract Maps PERMANENT PLANNING PL:yes GC34090.7; H&S19850 203.02 Tentative Parcel Maps PERMANENT PLANNING PL:yes same as 203.01 203.03 Zone Changes PERMANENT PLANNING PL:no GC34090 203.04 Variances PERMANENT PLANNING PL:yes GC34090.7; H&S19850; 4003; 4004 203.05 Major Use / Event Permits PERMANENT PLANNING PL:no GC34090d, LQCC/CM 203.06 iMinor Use / Event Permits PERMANENT PLANNING PL:no GC34090d, LQCC/CM Page 7 of 32 124 UFFS Description TOTAL Primary Scan / Citation Number RETENTION Responsibility Image 203.07 Temporary Use Permits until expiration + 5 years PLANNING PL:no GC34090d, LQCC/CM 203.08 Conditional Use Permits PERMANENT PLANNING PL:yes same as 203.04 203.09 Zoning Interpretations (Maps) current year + 2 years PLANNING PL:no GC34090 203.10 (OPEN) 203.11 General Plan Amendments PERMANENT PLANNING PL:yes GC50110, LQCC/CM 203.12 Lot Line Adjustments / Cert. of Compliance PERMANENT PLANNING<11/2011 PUBLIC WORKS> PL:yes GC34090a 203.13 Environmental Impact Files PERMANENT PLANNING PL:yes GC34090a 203.14 (OPEN) 203.15 Comprehensive Sign Programs PERMANENT PLANNING PL:yes GC34090, LQCC/CM 203.16 Temporary Signs (Real Estate, Political, etc.) until expiration + 2 years PLANNING PL:no GC34090d 203.17 Monument / Sign Permits PERMANENT PLANNING PL:yes same as 203.04 203.18 Directional Signs, City -owned until superseded + 2 years PUBLIC WORKS PW:no GC34090 203.19 Parcel Mergers w/o Parcel Maps PERMANENT PLANNING<11/2011 PUBLIC WORKS> PL:yes same as 203.04 203.20 (OPEN) 203.21 Specific Plans PERMANENT PLANNING PL:yes same as 203.01 203.22 Moratoriums PERMANENT PLANNING PL:no same as 203.04 203.23 Waivers PERMANENT PLANNING PL:yes GC34090a 203.24 Plot Plans / Site Development Permits PERMANENT PLANNING PL:yes GC34090d, LQCC/CM 203.25 Second Unit Permits PERMANENT PLANNING B+S:no same as 203.04 203.26 (OPEN) 203.27 Demographics and Statistics until completed + 4 years CITY MANAGER CC:no GC34090d 203.28 (OPEN) 203.29 (OPEN) 203.30 Agricultural Preserves PERMANENT PLANNING PL:no GC34090a 203.31 Regional Planning until superseded + 2 years PLANNING PL:no GC34090 203.32 Appeals -case files PERMANENT dept. managing case CC:yes, PL:yes same as 203.04 PLN/REDEV204 204.01 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (GDBG) General until completed + 4 years COMMUNITY SERVICES CC:no 24CFR570.502(b)(3); 241 CFR85.42; OMB Cir A - 110 (attach C), A102, 128; HUD regs 204.02 Applications - filed by year until completed + 4 years PLANNING CC:no same as 204.01 PLN/REDEV205 PLN/REDEV206 (OPEN) (OPEN) Page 8 of 32 125 UFFS Description TOTAL Primary Scan / Citation Number RETENTION Responsibility image PLN/REDEV207 (OPEN) PLNIREDEV208 REDEVELOPMENT & HOUSING 208.01 Redevelopment Plan PERMANENT RDA and CLERK CC:yes GC34090.7; H&S19850 208.02 Project Areas PERMANENT RDA CC:yes same as 208.01 GC34090; 24CFR570.502(b)(3); 208.03 Housing Loan Programs (case files) PERMANENT RDA and CLERK CC:yes 24CFR8.42; OMB circ SA- 110 208.04 Housing Loan Correspondence current year + 2 years RDA CC:no GC34090 208.05 Rental Program: Multi -Family Housing (case files) PERMANENT RDA and CLERK CC:yes same as 208.03 208.06 Rehab Program: Residential (case files) PERMANENT RDA and CLERK CC:yes same as 208.03 208.07 Sewer Subsidy Program (case files) PERMANENT RDA and CLERK CC:yes same as 208.03 208.08 Rental Program: Single -Family Housing (case files) PERMANENT RDA and CLERK CC:yes same as 208.03 208.09 Assessment Subsidy Program (case files) PERMANENT RDA and CLERK CC:yes same as 208.03 208.10 Affordable Housing Database until superseded + 2 years RDA and CLERK CC:no GC34090 208.11 Rehab Program: Commercial (case files) PERMANENT RDA and CLERK CC:yes same as 208.03 208.12 Implementation Plans (5-year / Project Areas) PERMANENT RDA PL:no GC34090 Housing Authority Annual Activity Report to State Dept of 208. 13 PERMANENT CLERK CC:yes HSC Section 34328 Housing & Community Development of the Redevelopment Agency: genera/ CLERKICITY City Attorney & City Clerk 208.14 until settledlclased + 5 yrs CC. -no information & correspondence MANAGER 712013' 300 ECONOMIC DEVELOPMENT & MARKETING ECON/MKT01 ECONOMIC DEVELOPMENT 301.01 Economic Development Plan PERMANENT CITY MANAGER CC:no GC34090 301.02 Studies / Research / Demographics until completed + 2 years CITY MANAGER CC:no GC34090d 301.03 Business Development / Projects until completed + 2 years CITY MANAGER CC:no GC34090d ECON/MKT302 MARKETING 302.01 Marketing Studies while current + 2 years CITY MANAGER CC:no GC34090d 302.02 Videos & Photos while current + 2 years CITY MANAGER CC:no GC34090 Page 9 of 32 126 UFFS Description TOTAL Primary Scan / Citation Number RETENTION Responsibility Image 400 FINANCIAL & FISCAL FINANCIAL 401 GENERAL ACCOUNTING 401.01 Chart of Accounts until audited + 7 years FINANCE F:no GC34090 401.02 Budgetary Accounting until audited + 7 years FINANCE F:no GC34090 401.03 Budget Adjustments until audited + 7 years FINANCE F:no GC34090 401.04 Check Registers until audited + 7 years FINANCE F:no CCP337; GC34090 401.05 Fixed Assets: Inventory, Valuation &Disposal until audited + 7 years FINANCE F:no GC34090; 26CFR301 65- 1(F) 401.06 Requests for Payment (check requests) until audited + 7 years FINANCE F:no GC34090 401.07 Demands and Warrants until audited + 7 years FINANCE CC:no GC34090 401.08 Petty Cash until audited + 7 years FINANCE F:no GC34090 401.09 Statements of Indebtedness until audited + 7 years FINANCE CC:no GC34090 401.10 Monthly Financial Statements (Rev/Exp Rpts) current year + 2 years FINANCE CC:no GC34090 401.11 Annual Financial Statements & Reports until audited + 7 years FINANCE F:yes GC34090.7 401.12 State Revenues (Mandated Costs) until audited + 7 years FINANCE F:no GC34090 401.13 Fiscal Analysis current year FINANCE F:no non -record, compilation 401.14 Revenue Studies current year FINANCE F:no non -record, compilation 401.15 (OPEN) 401.16 Gann Regulations (see 410.10 for Gann Limit) until superseded + 2 years FINANCE CC:no GC34090, 40801 401.17 (OPEN) 401.18 Waste Management Fees while current + 2 years CLERK CC:no GC34090 401.19 Grants & Sponsorships (granted BY City) until audited + 7 years managing dept. F:no GC34090 + Dept extension FINANCIAL 402 402.01 BANKINGRECORDS Bank Deposit Slips until audited + 7 years FINANCE F:no GC34090; CCP337 402.02 Bank Statements until audited + 7 years FINANCE F:no GC34090; 26CFR16001-1 402.03 Check Stubs, Canceled Checks until audited + 7 years FINANCE F:no GC34090; CCP337 402.04 Signature Cards and Authorizations until separated + 5 years FINANCE F:no see Oath 402.05 (OPEN) 402.06 Bank Reconciliation until audited + 7 years FINANCE F:no same as 402.02 402.07 Daily Cash Reports (renamed from Daily Balance Reports) current year FINANCE F:no non -record, working papers 402.08 Bad Checks until audited + 7 years FINANCE F:no GC34090; CCP337 402.09 Stale/Dated Checks until audited + 7 years FINANCE F:no GC34090; CCP337 402.10 Voided Checks until audited + 7 years FINANCE F:no GC34090; CCP337 402.11 Stop Payments until audited + 7 years FINANCE F:no GC34090; CCP337 FINANCIAL 403 403.01 AUDITS lAudit Reports, Internal 4 years FINANCE F:no GC34090; OMB:A-128 403.02 lAudit Reports, External 4 years FINANCE F:no GC34090; OMB:A-128 Page 10 of 32 127 UFFS Description TOTAL Primary Scan / Citation Number RETENTION Responsibility Image 403.03 Audit Guidelines until superseded + 2 years FINANCE F:no GC34090; 40801 403.04 Audit Preparation Documents until audited + 7 years FINANCE F:no GC34090; OMB:A-128 403.05 Audit Working Files until audited + 7 years FINANCE F:no GC34090; OMB:A-128 FINANCIAL 404 404.01 PAYROLL Payroll Records, Active until separation + 3 years FINANCE F:no GC34090; 29CFR516.2 404.02 Payroll Records, Terminated 3 years FINANCE F:no GC34090; 29CFR516.2 404.03 Payroll Deductions and Authorizations until separation + 3 years FINANCE F:no GC34090; 29CFR516.2 404.04 Payroll Schedules until superseded + 2 years FINANCE F:no GC12946; 29CFR516.6(2)& 1602.14 404.05 Time Sheets until audited + 7 years FINANCE F:no GC34090; 29CFR516.2; 20CFR516.60);IRS Reg 31 .6001-1(e)(z); R&T19530; LC1174(d) 404.06 W-2 Forms PERMANENT FINANCE F:no 29CFR1627.3 (2); GC12946 404.07 Vacation and Sick Leave Balance Reports current year + 2 years FINANCE F:no GC34090 404.08 FICA - Medicare PERMANENT FINANCE F:no same as 404.06 404.09 Workers' Compensation PERMANENT HUMAN RESOURCE F:no same as 404.06 FINANCIAL 406 405.01 BONDS Municipal Bonds until paid + 10 years FINANCE F:no GC34090; CCP337.5 405.02 Assessment Bonds until paid + 10 years FINANCE F:no GC34090; CCP337.5 405.03 Surety Bonds (Notary Public, etc.) until paid + 10 years CLERK CC:no GC34090; CCP337.5 405.04 Revenue Bonds until paid + 10 years FINANCE F:no GC34090; CCP337.5 405.05 General Obligation Bonds until paid + 10 years FINANCE F:no GC34090; CCP337.5 405.06 Tax Allocation Bonds until paid + 10 years FINANCE F:yes GC34090; CCP337.5 405.07 Bond Annual Statements until paid + 10 years FINANCE F:no GC34090; CCP337.5 405.08 Bond Register until paid + 10 years FINANCE F:no GC34090; CCP337.5 405.09 Dev. Performance Bonds, CDs, Letters of Cr (w/o SIAs) until paid + 10 years CLERK CC:no GC34090; CCP337.5 405.10 Bond Foreclosures while current + 10 years FINANCE F:no GC34090; CCP337.5 FINANCIAL 406 406.01 RETIREMENT Public Employees Retirement System PERS PERMANENT HUMAN RESOURCES CC:no 29CFR1627.3 (2); GC12946; GC34090 406.02 Deferred Compensation Plans PERMANENT HUMAN RESOURCES CC:no same as 406.01 Page 11 of 32 128 UFFS Description TOTAL Primary Scan / Citation Number RETENTION Responsibility image FINANCIAL 407 407.01 INVESTMENTS Investment Statements PERMANENT FINANCE F:yes 0; CCCC GCGC340953607 0; P337; 407.02 Investment Confirmations PERMANENT FINANCE F:no same as 407.01 407.03 Investment Policy until superseded + 5 years FINANCE F:yes GC34090(d) 407.04 Investment Monthly Reports until audited + 7 years FINANCE F:yes GC34090; OMB A-128 FINANCIAL 408 408.01 REVENUE Accounts Receivable until audited + 7 years FINANCE F:no GC34090 408.02 Daily Cash Receipts until audited + 7 years FINANCE F:no GC34090; CCP337 408.03 Business Licenses until expired + 4 years FINANCE F:no GC34090; CCP337 408.04 Dog Licenses Fees until audited + 7 years FINANCE F:no GC34090 408.05 Permit Fees until audited + 7 years issuing deptand FINANCE PL:no GC34090 408.06 Development Impact Fees until audited + 7 years PUBLIC WORKSand FINANCE CC:no GC34090 408.07 Development Agreement Fees until audited + 7 years PUBLIC WORKS and FINANCE CC:no GC34090 408.08 Fee Waiver Requests until audited + 7 years FINANCE F:no GC34090 408.09 Franchise Fees until audited + 7 years FINANCE F:no GC34090 408.10 Fee Schedules until superseded + 2 years imposing dept PL:no GC34090 & 40801 408.11 Funding Program (ERAF, etc.) until completed + 5 years FINANCE F:no GC34090 408.12 Grants Received and Donations TO City until completed + 5 years or grant close-out procedure applying dept some GC34090 408.13 Vehicle Impound Fees until audited + 7 years FINANCE F:no GC34090 408.14 Fines until audited + 7 years FINANCE F:no GC34090 408.15 Surplus / Auction Sales until audited + 7 years FINANCE F:no GC34090; CCP337 408.16 Promissory Notes TO City until satisfied + 7 years FINANCE F:no GC34090; CCP337 408.17 Grant Applications, Unsuccessful until rejected + 2 years applying dept no GC34090 FINANCIAL 409 409.01 TAXES Sales Tax until audited + 7 years FINANCE F:no CCP338 409.02 Property Tax, Applied Refuse Levy, etc until audited + 7 years FINANCE F:no CCP338 409.03 Transient Occupancy Tax (TOT) until audited + 7 years FINANCE F:no CCP338 409.04 Gas Tax until audited + 7 years FINANCE F:no CCP338 409.05 Documentary Transfer Tax until audited + 7 years FINANCE F:no CCP338 FINANCIAL 410 410.01 BUDGETS Budget Preparation Files current year + 2 years preparing dept F:no GC34090 410.02 Revenue Estimates current year + 2 years estimating dept F:no GC34090 Page 12 of 32 129 UFFS Description TOTAL Primary Scan / Citation Number RETENTION Responsibility Image 410.03 Capital Expenditure Estimates current year + 2 years estimating dept F:no GC34090 410.04 Capital Improvements Budget, Approved PERMANENT FINANCE F:yes GC34090 410.05 Budget Manuals & Calendars current year + 2 years FINANCE F:no GC34090 410.06 Budget Status Reports current year + 2 years FINANCE F:no GC34090 410.07 Budgets, Approved (CC, RDA, FA) PERMANENT FINANCE F:no GC34090 410.08 Budgets, Special Projects PERMANENT supervising dept F:no GC34090 410.09 Financial Support Requests current year + 2 years department F:no GC34090 410.10 Gann Appropriations Limit (for Regs see 401.16) PERMANENT FINANCE F:no GC34090 FINANCIAL 411 411 .01 COST ANALYSIS STUDIES Development Impact Fee (DIF) Studies & Transportation Uniform Mitigation Fee (TUMF) Studies until superseded + 2 years PLANNING and PUBLIC WORKS CC:no GC34090d 411.02 User Fee Studies until superseded + 2 years oversight dept CC:no GC34090d FINANCIAL 412 412.01 ACCOUNTS PAYABLE & PURCHASING Accounts Payable until audited + 7 years FINANCE CC:no GC34090 412.02 1099 Forms until audited + 7 years FINANCE CC:no GC34090 412.03 LQ Public Safety Officer Survivor Fund until audited + 7 years FINANCE CC:no GC34090 412.04 Purchase Orders until audited + 7 years FINANCE CC:no GC34090 412.05 Authorization to Purchase (other than bids) until audited + 7 years FINANCE PL:no GC34090 412.06 Products, Services, and Catalogs (reference) destroy at will all departments CC:no non -record 412.07 Purchasing Policy until superseded + 2 years FINANCE CC:no GC34090; GC40801 412.08 Vendors Lists & Brochures destroy at will FINANCE CC:no non -record 412.09 Pricing Lists destroy at will FINANCE CC:no non -record 412.10 Office Supplies Ordered by Depts. (w/o POs) destroy at will all departments PL:no non -record 412.11 Travel Request & Expense until audited + 7 years FINANCE PL:no GC34090 FINANCIAL 413 413.01 BIDS Invitation to Bid until audited + 7 years inviting dept CC:no 2 & 5105-1 . GC3409C0 & 2 413.02 Unsuccessful Bids, Cap Improv Projects & Formal > $25K until completed + 2 years CLERK CC:no GC34090d 413.03 Unsuccessful Bids, Services & Informal < $25K until completed + 2 years CLERK CC:no GC34090d 413.04 Bids, Vehicles & Equipment, Invitation, Results, etc until audited + 7 years FINANCE PL:no/F:no same as 413.01 413.05 Bidders List, Pre -Qualified destroy at will PUBLIC WORKS CC:no non -record, reference 413.06 Consultant Information, General destroy at will interested dept CC:no non -record, reference 413.07 RFPs / RFQs, Unsuccessful current year + 2 years CLERK CC:no same as 413.01 413.08 RFPs / RFQs, Successful until audited + 7 years CLERK PL:no same as 413.01 413.09 Bids, Other Services, Successful until audited + 7 years CLERK PL:no same as 413.01 413.10 Bids, Informal, Successful until audited + 7 years CLERK PL:no same as 413.01 Page 13 of 32 130 UFFS Description TOTAL Primary Scan / Citation Number RETENTION Responsibility Image 500 HUMAN RESOURCES & RISK MANAGEMENT HR & RM 501 HUMAN RESOURCES ADMINISTRATION 501.01 Personnel Policy until superseded + 2 years HUMAN RESOURCE shared drive GC34090 501.02 Employee Assistance Program until completed + 2 years HUMAN RESOURCE CC:no GC34090, 12946 501.03 Employee Handbook until superseded + 2 years HUMAN RESOURCE CC:no GC34090 501.04 Employee Orientation until superseded + 2 years HUMAN RESOURCE CC:no GC34090 501.05 Employee Incentive & Service Awards while current + 2 years HUMAN RESOURCE CC:no GC34090; GC12946 501.06 Employee Newsletters current year + 2 years HUMAN RESOURCE CC:no GC34090; GC12946 501.07 Temporary Employment Agencies until terminated + 6 years HUMAN RESOURCE CC:no GC34090; GC12946 501.08 Affirmative Action Program until completed + 2 years HUMAN RESOURCE CC:no GC34090; GC12946 HR & RM 502 502.01 PERSONNEL RECORDS Permanent Employees (time sheets, etc) until separated + 5 years HUMAN RESOURCE CC:no 29CFT1627.3; Lbr Rltns Sec 1 174; 29CFR1602.30.32, 655.202, 516.6 et seq; GC6250et seq; GC12946, 34090, 1607.4; 45CFR1068.6(a) 502.02 Contract Employees until separated + 5 years HUMAN RESOURCE CC:no same as 502.01 502.03 Part -Time Employees until separated + 5 years HUMAN RESOURCE CC:no same as 502.01 502.04 Temporary Employees until separated + 5 years HUMAN RESOURCE CC:no same as 502.01 502.05 Terminated Employees until separated + 5 years HUMAN RESOURCE CC:no same as 502.01 502.06 (OPEN) HUMAN RESOURCE 502.07 (OPEN) HUMAN RESOURCE 502.08 Fingerprint IDs until separated + 5 years HUMAN RESOURCE CC:no same as 502.01 502.09 Oaths of Office - all Employees, all classifications until separated + 5 years CLERK, per GC CC:no same as 502.01 HR & RM 503 503.01 SALARY and BENEFITS Salary Benefit Plans until superseded + 2 years HUMAN RESOURCE CC:no GC34090 503.02 Salary Surveys current year + 2 years HUMAN RESOURCE CC:no GC 12946, 34090; 29CFR51 6.6(2); 29CFR1602.14 503.03 Consumer Price Index (CPI) Files current year + 2 years HUMAN RESOURCE CC:no GC34090 503.04 Salary Schedules current year + 2 years HUMAN RESOURCE CC:no same as 503.02 503.05 Retirement Benefits until superseded + 2 years HUMAN RESOURCE CC:no GC34090 503.06 Medical Insurance until superseded + 2 years HUMAN RESOURCE CC:no GC34090 503.07 Sick Leave Policy until superseded + 2 years HUMAN RESOURCE CC:no GC34090 503.08 Life Insurance Benefit until superseded + 2 years HUMAN RESOURCE CC:no GC34090 Page 14 of 32 131 UFFS Description TOTAL Primary Scan / Citation Number RETENTION Responsibility Image 503.09 Management Compensation until superseded + 2 years HUMAN RESOURCE CC:no GC34090 GC6250 et seq; OMB A- 129; 29CFR1602.30, 503.10 Disability case files, short & long-term PERMANENT HUMAN RESOURCE HR:no 1602.32, 1627.31637.3; Lab Rel Sec 1174; 29USC1027,1113 FMLA 1993 US OSHA; 503.11 Family Medical Leave Closed + 30 years HUMAN RESOURCE No 29CFR 1602.30 32; 49CFR 193 9; 1910.20' HR & RM 504 CLASSIFICATIONS 29CFT1627.3, 1602.30.32; Lbr Rltns Sec1174; 504.01 Position Classifications until superseded + 5 years HUMAN RESOURCE CC:no GC 12946, 34090, 6250 et seq 504.02 Job Descriptions until superseded + 5 years HUMAN RESOURCE CC:no same as 504.01 29CFR51 6.6(2), 1602.14; 504.03 Classification Surveys current year + 2 years HUMAN RESOURCE CC:no GC 12946, 34090 504.04 Reclassification Requests until separated + 5 years HUMAN RESOURCE CC:no same as 504.01 504.05 Employee Evaluations until separated + 5 years HUMAN RESOURCE CC:no same as 504.01 HR & RM 505 PERSONNEL MANAGEMENT 505.01 Personnel Progress & Activity Reports current year + 2 years HUMAN RESOURCE CC:no GC34090 505.02 Personnel Counseling until separated + 2 years HUMAN RESOURCE CC:no GC34090, 12946 29CFR516.6(2), 1602.14;GC12946, 505.03 Personnel Questionnaires current year + 2 years HUMAN RESOURCE CC:no 34090 29CFT1627.3, 1602.30.32; Lbr Rltns Sec1174; 505.04 Personnel Actions until separated + 2 years HUMAN RESOURCE CC:no GC 12946, 34090, 6250 et seq 505.05 Planning & Organization current year + 2 years HUMAN RESOURCE CC:no GC34090 505.06 Organization Charts until superseded + 5 years HUMAN RESOURCE CC:no same as 505.04 HR & RM 506 RECRUITMENT &'SELECTION GC 12946, 6250 et seq; 506.01 Applications for Employment while current + 3 years HUMAN RESOURCE CC:no 29CFR1602 et seq, 1607; 49USC2000 (e)8 & (c)12 506.02 Tests & Examinations while current + 3 years HUMAN RESOURCE CC:no same as 506.01 Page 15 of 32 132 UFFS Description TOTAL Primary Scan / Citation Number RETENTION Responsibility Image 506.03 Eligibility Lists, Active while current + 3 years HUMAN RESOURCE CC:no same as 506.01 506.04 Eligibility Lists, Inactive while current + 3 years HUMAN RESOURCE CC:no same as 506.01 506.05 Recruitment Advertising while current + 3 years HUMAN RESOURCE CC:no same as 506.01 29CFT1627.3, 1602.30.32; Lbr Rltns Sec1174; 506.06 Notifications of Appointment until separated + 5 years HUMAN RESOURCE CC:no GC 12946, 34090, 6250 et seq HR & RM 507 EDUCATION & TRAINING' 507.01 Conferences & Seminars current year+ 7 years attending dept PL:no GC6250 507.02 Educational Programs current year + 7 years sponsoring dept PL:no GC6250 507.03 Educational Reimbursement Program current year + 7 years HUMAN RESOURCE CC:no GC6250 507.04 Training Programs, In -House current year + 7 years HUMAN RESOURCE CC:no GC6250 507.05 Training Materials, In -House current year + 7 years HUMAN RESOURCE CC:no GC6250 HR & RM 508 SAFETY & MEDICAL RECORDS 29CFT1627.3, 1602.30.32; Lbr Rltns Sec1174; 508.01 Individual Medical Records until separated + 5 years HUMAN RESOURCE CC:no GC 12946, 34090, 6250 et seq 508.02 Accident Reports until disposition + 7 years HUMAN RESOURCE CC:no 29CFR1904.2, 1904.6; 29 508.03 Required Physical Exams until separated + 5 years HUMAN RESOURCE CC:no same as 508.01 OMB1220-0029; 508.04 Safety Reports while current + 5 years HUMAN RESOURCE CC:no 29CFR1904.4; GC34090 508.05 Safety Investigation Files (OSHA, etc.) until disposition + 5 years HUMAN RESOURCE CC:no same as 508.05 508.06 Safety Policy & Procedures until superseded + 2 years HUMAN RESOURCE CC:no GC34090, 40801 Omnibus Trans Emp DOT Testing: results exceeding .02, positive drug results, Testing Act of 1991 ; Fed refusals to submit to testing, employee assessments & referrals 508.07a 5 years HUMAN RESOURCE HR:no DOT reg of 1994- by Substance Abuse Professionals, calendar year summaries (re: 49CFR40 and382; Calif Commercial drivers only) Vehicle Code 34520(a) DOT Testing: records documenting the collection process for 508.07b drug & alcohol test, training of supervisors (re: Commercial 2 years HUMAN RESOURCE HR:no same as 508.07a drivers only) DOT Testing: results under .02, negative drug tests, canceled 508.07c 1 year HUMAN RESOURCE HR:no same as 508.07a drug tests (re: Commecial drivers only) HR & RM 509 LABOR RELATIONS 509.01 Labor Relations Policy until superseded + 2 years HUMAN RESOURCE CC:no GC34090, 40801 509.02 Fair Labor Laws and Standards until superseded + 2 years HUMAN RESOURCE CC:no GC34090, 40801 Page 16 of 32 133 UFFS Description TOTAL Primary Scan / Citation Number RETENTION Responsibility Image 29USC21 1(.c), 509.03 Employee Associations & Unions PERMANENT HUMAN RESOURCE CC:no 203(m),207(g) 509.04 Negotiations / Meet and Confer PERMANENT HUMAN RESOURCE CC:no same as 509.03 509.05 Memorandum of Understanding (MOU) PERMANENT HUMAN RESOURCE CC:no same as 509.03 509.06 Impasse Procedures PERMANENT HUMAN RESOURCE CC:no same as 509.03 509.07 Grievances, Non -Safety Employees until separation + 2 years HUMAN RESOURCE CC:no GC12946; 29CFR1602 509.08 Discrimination Complaints, Non -Safety Employees until separation + 2 years HUMAN RESOURCE CC:no GC12946; 29CFR1602 509.09 Discipline Policy until superseded + 2 years HUMAN RESOURCE CC:no GC34090 HR & RM 610 RISK MANAGEMENT 510.01 Claims for Damages Against the City until disposition + 5 years CLERK CC:no GC34090, 25105.5 510.02 Damage to City Property until disposition + 7 years RISK MGMT CC:no 29CFR1904.2, 1904.6 510.03 Insurance Policies - Liability PERMANENT RISK MGMT CC:no GC34090 510.04 Insurance Policies - Property PERMANENT RISK MGMT CC:no GC34090 510.05 Unemployment Insurance, General Info until superseded + 2 years RISK MGMT CC:no GC34090 510.06 Workers' Compensation, General Info until superseded + 2 years RISK MGMT CC:no GC34090 CC R 1431 1,15400.2; 510.07 Workers' Compensation, Case Files PERMANENT RISK MGMT CC:no LaborCode 5405 Title 8 GC6250; OMB A-129; 29CFR1602.30&1602.32& 510.08 C.O.B. R.A., Case files PERMANENT RISK MGMT CC:no 1637.3; Lab Rel Sec 1174; 29USC1027& 1113 510.09 Accident & Injury Reports, Employee until disposition + 7 years RISK MGMT CC:no 29CFR1904.2; 29 510.10 Accident & Injury Reports, Non -Employee until disposition + 7 years RISK MGMT CC:no 29CFR1904.2; 29 OMB1220-0029; 510.11 O.S.H.A. while current + 5 years RISK MGMT CC:no 29CFR1904.4; GC34090 Certificates of Insurance - required by the City from Parties to follow retention of file to which 510.12 requiring dept CC:no GC34090; CCP 337 Contracts, Permits, Events, etc it relates 510.13 Insurance Policies' Earthquake PERMANENT RISK MGMT RM.-no CCP 337.2, 343 510.14 Insurance PoliciesTheft PERMANENT RISK MGMT RM.-no 510.15 Insurance Policies' Equipment Breakdown' PERMANENT RISK MGMT RM.-no 510.16 Insurance Policies' Volunteers PERMANENT RISK MGMT RM.-no 510.17 Insurance Policies' - Pollution PERMANENT RISK MGMT RM.-no 510.18 Underwriters' Report per insurance law JPIA No JPIA Page 17 of 32 134 UFFS Description TOTAL Primary Scan / Citation Number RETENTION Responsibility Image 600 CONTRACTS, SUPPLIES & EQUIPMENT C. S & E 601 (OPEN) �... ......... ......... ......... .........� r'CS£ I I N.ELC C S & E 602 CONTRACTS &AGREEMENTS ..ORCI ITII.A.CIwS E........... LER'SC. ........: ........ ........:I..N..... Contracts and Agreements: GC37090a, 4004; 602.01 a PERMANENT CLERK CC:yes Capital Improvements, Real Property, Settlements H&S19850; 2.08.110 Contracts and Agreements: PERMANENT (State Dept request - research 602.01 b CLERK CC:yes Services, Equipment, Maintenance, License Agr, etc. requires exp+5 yrs) value 602.02 (OPEN) GC34090a; Promissory Notes (loans) & Grants to Residents 24CFR570.502(b)(3); 602.03 PERMANENT CLERK CC:yes Code Compliance Assistance 24CFR8.42; OMB Circ.SA- 110 PERMANENT (State Dept request - research 602.04 Lease Agreements CLERK CC:yes requires exp+5 yrs) value PERMANENT (State Dept request - research 602.05 Franchise Agreements CLERK CC:yes requires exp+5 yrs) value 602.06 Subdivision Improve Agr (incl. related bonds) PERMANENT CLERK CC:yes same as 602.01 a C. S & E 603 INVENTORY SUPPLIES &'' MAINTENANCE'' 603.01 Office Equipment Inventory & Manuals destroy at will using dept CC:no non -record 603.02 Office Supply Inventory & Information destroy at will using dept CC:no non -record 603.03 Vehicle Titles & Registrations until disposed + 2 years CLERK CC:no GC34090 603.04 Vehicle Maintenance Records until disposed + 2 years BLDG & SAFETY CC:no GC34090 603.05 Large Equipment Inventory & Manuals until disposed + 2 years using dept CC:no GC34090 603.06 Large Equipment Maintenance Records until disposed + 2 years BLDG & SAFETY CC:no GC34090 603.07 Work Orders and Service Requests until disposed + 2 years issuing/receiving dept CC:no GC34090 603.08 Vehicle Inventory until superseded CLERK CC:no non -record, compilation 700 LEGAL & LEGISLATIVE LEGALILEG 701 LEGISLATIVE FILES 701.01 Minutes: CC, RDA, FA, HA, SA PERMANENT CLERK CC:yes GC34090d, 36814, 40801 State requires 2 yrs — paper CY+� yrs' 701.02 Agendas and Staff Reports: CC, RDA, FA, IHA, SA CLERK CC:yes PERM= Staff request — electronic PERMANENT research value 701.03 Resolutions & Index: CC, RDA, FA, HA, SA, OB PERMANENT CLERK CC:yes GC34090d, 40801 701.04 Ordinances & Index PERMANENT CLERK CC:yes GC34090d, 40801 Page 18 of 32 135 UFFS Description TOTAL Primary Scan / Citation Number RETENTION Responsibility image 701.05 701.06 701.07 (OPEN) Agenda Packets: Boards, Commissions, Committees Minutes: Boards, Commissions, Committees, OB - . paper CY+2 yrs. electronic PERMANENT - PERMANENT supporting dept supporting dept CC:yes CC:yes State requires 2 yrs PERM= Staff request research value GC34090d, 36814, 40801 701.08 Resolutions & Index: Planning Commission, Oversignt Board PERMANENT supporting dept CC:yes GC34090d, 40801 701.09 Successful App.: Boards, Commissions, Committees until expiration + 5 years CLERK CC:no GC34090, 40801 701.10 Unsuccessful App.: Boards, Commissions, Committees until disposition + 2 years CLERK CC:no GC34090 701.11 State Legislative Info (i.e. Brown Act) until superseded CLERK CC:no non -record 701.12 Federal Legislative Info (i.e. FLSA) until superseded CITY MANAGER CC:no non -record 701.13 Ethics Certificates - all elected/appointed until expiration + 5 years CLERK CC:no GC34090, 40801 701.14 701.15 701.16 La Quinta Muni Code, Supplements & Charter City Council Appts to Outside Agencies +FPPC Form 806 (OPEIM,, PERMANENT until expiration + 5 years CLERK CLERK CC:no CC:no GC34090 GC34090, 40801 701.17 Proclamations Issued by City Council PERMANENT CLERK CC:no GC34090(d), 40801 701.18 City Seal Logo Trademark Registration PERMANENT CLERK CC:no historic value 701.19 Historical Files PERMANENT all departments PL:no historic value 701.20 City Council Vacancy History PERMANENT CLERK CC:no GC34090 701.21 Handbook: Boards, Commissions, Committees until superseded + 2 years CLERK CC:no GC34090 701.22 Housing Authority By -Laws PERMANENT CLERK CC:yes GC34090; CCP337.2 701.23 Financing Authority By -Laws PERMANENT CLERK CC:yes GC34090; CCP337.2 701.24 Redevelopment Agency By -Laws PERMANENT CLERK CC:yes GC34090; CCP337.2 701.25 City Council / Boards / Commissions Rules of Procedure until superseded + 2 years CLERK CC:yes GC34090 LEGAL/LEG 702 702.01 ELECTION FILES Election Reference (calendar, precinct maps/lists, proof of pub/postings, cert. of offices) election date + 2 years CLERK CC:no GC34090 702.02 Voter Registration, Roster of Voters current year + 5 years CLERK CC:no EC17000, EC17300 702.03 Election Record (notifications/publication of elec, data used to complile results, statistics, canvass, sample ballots, certifications, history, Measures, Charter Amendments, results) PERMANENT CLERK CC:no EC17130; GC22932; EC2653; GC34458-60; GC34090 702.04 (OPEN) was election statistics 702.05a Election Ballots (all except 702.05b) election date+ Y2 year CLERK CC:no EC17302 702.05b Election Ballots re: Assessments, Property -related Fees PERMANENT CLERK CC:no California Constitution Article XIII 702.06 Oaths of Office - Elected & Appointed non -employees until expiration + 6 years CLERK CC:no GC34090; 29USC1113 702.07a Nomination Filings, Committee, Candidate & Campaign Statements - UNELECTED Candidates election date+ 5 years CLERK CC:no EC17100; GC81009(b); FPPC Opinions Page 19 of 32 136 UFFS Description TOTAL Primary Scan / Citation Number RETENTION Responsibility Image 702.07b Nomination Filings, Committee, Candidate & Campaign Statements - ELECTED Candidates PERMANENT CLERK CC:no GC81009(b); FPPC Advice Letter A-06-151 702.08 Election Historical Files PERMANENT CLERK CC:no historic value 702.09 Handbook: City Council until superseded + 2 years CLERK CC:no GC34090 702.10 Major Donor & Indep. Exp. Cmte Stmts PERMANENT CLERK CC:no GC81009(b)(g) 702.11 Candidate Election Manuals until superseded + 2 years CLERK CC:no GC34090 702.12 Petitions: Recalls 8 mos after election results are certified CLERK CC:no Election Code 17400(a) 702.13 Petitions: Initiatives, Referendums, Charter Amend. 8 mos after election results are certified CLERK CC:no Election Code 17200(a) LEGALILEG'703 703.01 LEGAL INVESTIGATION A LITIGATION Requests for Public Records until completed + 2 years CLERK CC:yes GC34090 703.02 Requests for Agenda Mailings until completed CLERK CC:no reference 703.03 703.04 703.05 Litigations (City a Party to Suit - Summons, Subpoenas) Claims filed by City against others Protests / Petitions, submitted to Council until settled + 2 years until settled '+ 2 years current year + 1 year CLERK CLERK CLERK CC:yes CC:yes CC:no GC6254 GC6254 GC50115 & 6253 703.06 Bankruptcy & Foreclosure Notices (non -City properties - City has an interest eg. lender, contractor, etc) same as related file CLERK CC:no NA 703.07 Legal Investigations, Civil until closed + 2 years CLERK CC:no GC34090 703.08 Subpoenas to Appear / Depositions (City not a Party) current year + 2 years CLERK yes GC34090 703.09 Subpoenas for Public Records (City not a Party) current year + 2 years CLERK yes GC34090 LEGAL/LEG ''704 704.01 LEGAL OPERATIONS Legal Operations, General Reference while current + 2 years related dept CC:no GC34090 704.02a Notices of Violation / Citations / Incident Reports / Appeals: ISSUED until settled + 2 years issuing dept CC:no GC34090 704.02b Notices of Violation: RECEIVED by City until settled + 2 years receiving dept CC:no GC34090 704.03 Compliance Certification (ie Prop. 218 property fees/taxes) PERMANENT PUBLIC WORKS CC:no GC34090 704.04 (OPEN) 704.05 Judgments and Dismissals PERMANENT CLERK CC:no GC34090 704.06 Proof of Publication (legal published notices) PERMANENT publishing dept CC:yes, PL:yes CCP343,349 et seq; GC911 .2, 34090 704.07 Statements of Economic Interest (Form 700) until separated + 7 years CLERK CC:no GC81009(e) 704.08 Notices of Pendency (pre -lien notice) RECORDED PERMANENT CLERK CC:yes GC34090 704.09 Nuisance/Weed Abatements RECORDED RESOLUTIONS (also see 1307.02) PERMANENT CLERK CC:yes GC34090 704.10 Code Enforce/Animal Control: Administrative Hearings until disposition + 2 years BLDG & SAFETY CC:no GC34090d 704.11 City Attorney Opinions (confidential) until superseded + 2 years CLERK CC:no GC34090, 6254 704.12 City Attorney Correspondence, General current year + 2 years receiving dept CC:no GC34090 Page 20 of 32 137 UFFS Description TOTAL Primary Scan / Citation Number RETENTION Responsibility Image 704.13 704. 13a 704.14 Audio Recordings - Public Meetings Video Recordings'- Council Meetings FPPC Regulations (not filings) Council, RDA, FA, HA, SA, OB, Planning Com = PERMANENT All others = 5 years 90 days until superseded recording dept 1T CLERK CC/PL:FTR no CC:no GC34090.7, LO Council Resolution 2011 GC34090 GC34090 704.15 Notary Public Certification until separated + 5 years CLERK CC:no 29CFT1627.3& 29CFR1602.30.32; LbrRltns Sec1174; GC6250, 12946, 34090 704.16 Small Claims until settled + 5 years CLERK CC:no GC34090; GC25105.5 704.17 Federal Laws (Labor, Public Works, etc.) until superseded interested dept CC:no reference 704.18 (OPEN) 704.19 (OPEN) was petitions - duplicate of 703.05 704.20 Amicus Briefs / Amicus curiae until settled + 2 years CLERK CC:no GC34090; GC25105.5 704.21 (OPEN) 704.22 Accidents Involving City Vehicles current year + 2 years RISK MANGEMENT CC:no GC34090 704.23 Confidential Attorney -Client Communications until superseded + 2 years receiving dept CC:no GC34090, 6254 704.24 Public Safety Notices current year + 2 years CLERK CC:no GC34090 704.25 Conflict of Interest Code & Local Agency Biennial Notices until superseded + 5 years CLERK CC:no FPPC Opinions 704.26 704.27 LEGAL1LEG 706 705.01 Conflict of Interest Cases / Disclosures / Waivers Notices re: fee increases per GC 66016 ASSESSMENT & SPECIAL DISTRICTS Assessment Districts, General (Formation, Proposals) until settled + 5 years one year while current + 2 years CLERK CLERK PUBLIC WORKS CC:no CC: N drive PW:yes GC34090; GC25105.5 GC66016 GC34090 705.02 Assessment Districts, Studies PERMANENT PUBLIC WORKS PW:yes GC34090 705.03 Assessment District 1988-01 PERMANENT CLERK PW:yes GC34090 705.04 Assessment District 1989-01 PERMANENT CLERK PW:yes GC34090 705.05 Assessment District 1989-02 PERMANENT CLERK PW:yes GC34090 705.06 Assessment District 1989-03 PERMANENT CLERK PW:yes GC34090 705.07 Assessment District 1989-04 PERMANENT CLERK PW:yes GC34090 705.08 Assessment District 1990-01 PERMANENT CLERK PW:yes GC34090 705.09 Assessment District 1991-01 PERMANENT CLERK PW:yes GC34090 705.10 Assessment District 1992-01 PERMANENT CLERK PW:yes GC34090 705.11 Assessment District 1993-01 PERMANENT CLERK PW:yes GC34090 705.12 Assessment District 1995-01 PERMANENT CLERK PW:yes GC34090 705.13 Assessment District 1997-01 PERMANENT CLERK PW:yes GC34090 705.14 Assessment District 2000-01 PERMANENT CLERK PW:yes GC34090 705.15 Assessment District 2000-02 PERMANENT CLERK PW:yes GC34090 Page 21 of 32 138 UFFS Description TOTAL Primary Scan / Citation Number RETENTION Responsibility Image 705.16 Historic Preservation Districts PERMANENT PLANNING PL:no GC34090 705.17 CSA 152 (Cty Service Areas Assess.- NPDES) PERMANENT PUBLIC WORKS PW:no GC34090 705.18 Assessment District, Release of Liens PERMANENT CLERK No GC34090 705.19 L&L 89 1' Engineer's Annual Levy Report PERMANENT PUBLIC WORKS PW.•no GC34090 705.20 L&L 89 1 Annual Assessment Roll PERMANENT PUBLIC WORKS PW..•no GC34090 Page 22 of 32 139 UFFS Description TOTAL Primary Scan / Citation Number RETENTION Responsibility Image 800 CONSTRUCTION & ENGINEERING cNSTR/ENG801 GENERAL ADMINISTRATION 801.01 Building Permit Statistic Reports until superseded + 2 years BLDG & SAFETY CC:no GC34090d 801.02 Condemnations PERMANENT PUBLIC WORKS CC:no GC34030a CCR14311; 15400.2 Labor Contractor Workers' Comp. Certificates 801 .03 PERMANENT FINANCE CC:no Code5405 Title8; (filed with Business Licenses) GC34090 801.04 Utility Clearances PERMANENT PUBLIC WORKS CC:no GC34090a 801.05 Infrastructure Improvement Standards PERMANENT PUBLIC WORKS CC:no GC34090a CNSTRfENG802 ENGINEERING PERMITS & INSPECTIONS GC34090a; H&S19850; 802.01 Encroachment Permits PERMANENT PUBLIC WORKS PW:yes 4003,4004 GC34090a; H&S19850;4003,4004 802.02 Excavation Permits PERMANENT PUBLIC WORKS PW:yes GC34090a; H&S19850; 802.03 Grading Permits PERMANENT PUBLIC WORKS PW:yes 4003,4004 GC34090a; H&S19850;4003,4004 802.04 Mobile Home Permits PERMANENT BLDG &SAFETY PL+ PW:yes 802.05 Haul Permits until expiration + 2 years PUBLIC WORKS PW:yes GC34090d BUILDING & SAFETYand 802.06 Plan Checks current year + 5 years PW:yes CC Assoc of CA PUBLIC WORKS 802.07 Inspection Logs current year + 5 years inspecting dept PW:yes CC Assoc of CA CNSTR/ENG803 ENGINEERING MAPS PLANS & SPECIFICATIONS PUBLIC WORKS and 803.01 Final Tract Maps PERMANENT PW:yes GC34090 PLANNING PUBLIC WORKS and 803.02 Final Parcel Maps PERMANENT PW:yes GC34090 PLANNING 803.03 Grading Plans, Precise & Rough PERMANENT PUBLIC WORKS PW:yes GC34090 803.04 Street Improvement Plans PERMANENT PUBLIC WORKS PW:yes GC34090 803.05 Drainage Improvement Plans PERMANENT PUBLIC WORKS PW:yes GC34090 803.06 Sewer Improvement Plans PERMANENT PUBLIC WORKS PW:yes GC34090 803.07 Water Improvement Plans PERMANENT PUBLIC WORKS PW:yes GC34090 803.08 Survey Maps PERMANENT PUBLIC WORKS PW:yes GC34090 803.09 Construction Codes, Engineering PERMANENT PUBLIC WORKS PW:yes GC34090A 803.10 Standard Drawings, Engineering PERMANENT PUBLIC WORKS PW:yes GC34090A PUBLIC WORKS andBUILDING 803.11 Landscape Specifications PERMANENT PW:yes GC34090A & SAFETY Page 23 of 32 140 UFFS Description TOTAL Primary Scan / Citation Number RETENTION Responsibility image (7NSTR/EN€'$804 804.01 BUILDING PERMITS & INSPECTIONS Building Permits PERMANENT BLDG & SAFETY PW:yes GC34090a; H&S 19850; 4003,4004 804.02 Demolition Permits (see 805.09 re: demo plans) PERMANENT BLDG & SAFETY PW:yes same as 804.01 804.03 Building Inspection Logs / Code Enforcement Logs until case completed+2 years BLDG & SAFETY CC:no GC34090d 804.04 Inspection Requests current year + 2 years BLDG & SAFETY PW:yes GC34090d 804.05 Utility Release Logs current year + 2 years BLDG & SAFETY CC:no GC34090d 804.06 School Fee Receipts for Bldg Permits PERMANENT BLDG & SAFETY CC:no same as 804.01 804.07 Permits, temporary structures/trailers until expired + 2 years BLDG & SAFETY B&S:no GC34090d CNSTRIENG806 805.01 BUILDING PLANS '& SPECIFICATIONS Building Plans, Guidelines PERMANENT BLDG & SAFETY PW:yes GC34090a 805.02a Residential Plans - FINAL - not common interest until closed + 2 years BLDG & SAFETY B+S:yes GC34090a; H&S19850 805.02b Residential Plans FINAL common interest or 3+ stories PERMANENT BLDG &SAFETY PW:yes GC34090a, 4003,4004; H&S 19850, 19853 805.03 Multi -Family Residential Plans - FINAL PERMANENT BLDG & SAFETY PW:yes same as 805.02b 805.04 Commercial Plans - FINAL PERMANENT BLDG & SAFETY PW:yes same as 805.02b 805.05 Construction / Building Codes - State of CA, all editions PERMANENT BLDG & SAFETY CC:no GC34090a 805.06 Permit Application Packets w/ Plans (prior to permit) until expired + 2 years BLDG & SAFETY B+S:no GC34090a 805.07 Building Plans (Permit Issued, No Final) until expired + 2 years BLDG & SAFETY B+S:no same as 805.02b 805.08 Address Creation Maps PERMANENT BLDG & SAFETY B+S:no GC34090a 805.09 Demo Plans & Bldg Plans for demolished bldgs, Res/Com until closed + 2 years BLDG & SAFETY B+S:yes GC34090a; H&S19850 CNSTR/ENG806 806.01 CAPITAL PROJECTS Five - Year Plan until superseded + 2 years CITY MANAGER CC:no GC34090 806.02 Ten - Year Plan until superseded + 2 years CITY MANAGER CC:no GC34090 806.03 Projects, Reference Only 0 interested dept CC:no GC34090 806.04 Projects, In Progress PERMANENT PUBLIC WORKS PW:yes CC337.15 806.05 Projects, Completed PERMANENT PUBLIC WORKS PW:yes CC337.15 806.06 Building Plans, City Capital Projects PERMANENT PUBLIC WORKS PW:yes CC337.15 CNSTR/ENG807 807.01 STREETS, BRIDGES, SIDEWALKS, CURBS, GUTTERS & DRIVEWAYS Street Improvements, General until superseded PUBLIC WORKS PW:yes reference 807.02 Street Planning, General current year + 2 years PUBLIC WORKS PW:yes GC34090 807.03 Street Maintenance & Repairs current year + 2 years PUBLIC WORKS PW:yes GC34090 807.04 Striping: Crosswalks, Bike Lanes current year + 2 years PUBLIC WORKS PW:yes GC34090 807.05 Street Naming & Signs PERMANENT PUBLIC WORKS PW:yes, PL:no GC34090 807.06 (OPEN) Page 24 of 32 141 UFFS Description TOTAL Primary Scan / Citation Number RETENTION Responsibility Image 807.07 Medians, maintenance & operation current year + 2 years PUBLIC WORKS PW:yes GC34090 807.08 Sidewalks, maintenance & operation current year + 2 years PUBLIC WORKS PW:yes GC34090 807.09 Curbs & Gutters, maintenance & operation current year + 2 years PUBLIC WORKS PW:yes GC34090 807.10 Driveway Approaches, maintenance & operation current year + 2 years PUBLIC WORKS PW:yes GC34090 807.11 Street Sweeping, maintenance & operation current year + 2 years PUBLIC WORKS PW:yes GC34090 807.12 Permits, Driveway PERMANENT PUBLIC WORKS PW:yes GC34090 807.13 Permits, Haul / Oversize vehicles until expiration + 2 years PUBLIC WORKS PW:yes GC34090 807.14 Street Lighting, maintenance & operation current year + 2 years PUBLIC WORKS PW:yes GC34090 807.15 Bridges & Overpasses, maintnenance & operation current year + 2 years PUBLIC WORKS PW:yes GC34090 807.16 Street Closures & Detour Plans, Temporary current year + 2 years PUBLIC WORKS PW:yes GC34090 807.17 Street Closures (Property Ownership Retained) PERMANENT CLERK PW:yes GC34090a CNSTRIENG808 808.01 STORM DRAINAGE, FLOOD CONTROL, -SANITATION Storm Drains PERMANENT PUBLIC WORKS PW:yes GC34090 808.02 Flood Control, Projects & Studies PERMANENT PUBLIC WORKS PW:yes GC34090 808.03 Evacuation Channels PERMANENT PUBLIC WORKS PW:yes GC34090 808.04 Floodway Maps, by FEMA PERMANENT PUBLIC WORKS PW:yes GC34090 808.05 Solid Waste Management, General destroy at will PUBLIC WORKS CC:no reference 808.06 Sewer & Septic Systems, General destroy at will PUBLIC WORKS CC:no reference CNSTRIENG809 809.01 TRAFFIC ENGINEERING Traffic Control, General Info destroy at will PUBLIC WORKS CC:no reference 809.02 (OPEN) 809.03 Traffic Signals Maintenance current year + 2 years PUBLIC WORKS PW:yes GC34090 809.04 (OPEN) 809.05 Traffic Studies & Surveys current year + 2 years PUBLIC WORKS PW:yes GC34090d 809.06 Traffic Consultants / Marketing destroy at will PUBLIC WORKS PW:yes reference 809.07 Speed Zoning Studies current year + 2 years PUBLIC WORKS PW:yes GC34090d 809.08 Radar Equipment until disposed + 2 years PUBLIC WORKS PW:yes GC34090 CNSTRIENG810 810.01 PARKING' (OPEN) 810.02 (OPEN) 810.03 (OPEN) 810.04 (OPEN) 810.05 (OPEN) 810.06 Street Parking: Limited & Restricted Zones until superseded + 2 years PUBLIC WORKS PW:yes GC34090 900 (OPEN) Page 25 of 32 142 UFFS Description TOTAL Primary Scan / Citation Number RETENTION Responsibility Image 1000 PROPERTY PROPERTY 1001 RIGHT - OF - WAYS 1001.01 Easements, Granted BY the City PERMANENT CLERK CC:yes GC34090a 1001.02 (OPEN) was Irrevocable Offers to Dedicate, combined with 1002.01 1001.03 Encroachments PERMANENT PUBLIC WORKS CC:yes GC34090a 1001.04 Easements, Granted TO the City PERMANENT CLERK CC:yes GC34090a PROPERTY 1002 1002.01 REAL PROPERTY Property Acquisitions PERMANENT RDA and CLERK CC:yes GC34090a 1002.02 (OPEN) was Prop Leases - duplicates 602.04 1002.03 Street Vacations (City ownership relinquished) PERMANENT PLANNING and CLERK CC:yes GC34090a 1002.04 (OPEN) was Eminent Domain Acq - incorp in 1002.01 1002.05 Appraisals until disposition + 2 years RDA and CLERK CC:no GC34090, 6254(h) 1002.06 (OPEN) was Quitclaim Deeds - incorp in 1002.01 1002.07 Grant Deeds, Granted BY the City (sold property) PERMANENT CLERK CC:yes GC34090a PROPERTY 1003 1003.01 BOUNDARY FILES City Boundary Descriptions PERMANENT PLANNING and CLERK CC:yes GC34090a 1003.02 Sphere of Influence Files PERMANENT CLERK CC:yes GC34090a PROPERTY 1004 1004.01 ANNEXATIONS Annexation, General until superseded PLANNING PL:no non -record, reference 1004.02 Annexation, Studies & Reports (Potential) until disposition + 10 years PLANNING PL:no GC34090a; GC6254 1004.03 Annexations PERMANENT CLERK yes GC34090a 1100 PUBLIC FACILITIES FACILITIES1101 ADMINISTRATIVE FACILITIES, maintenance & operation 1101.01 Administrative Facilities, General until superseded BLDG & SAFETY CC:no non -record, reference 1101.02 City Hall -Civic Center (construct. in project file) current year + 2 years BLDG & SAFETY CC:no GC34090 1101.03 Senior Center current year + 2 years BLDG & SAFETY CC:no GC34090 1101.04 Libraries current year + 2 years BLDG & SAFETY CC:no GC34090 1101.05 Police Facilities current year + 2 years BLDG & SAFETY CC:no GC34090 1101.06 Fire Stations current year + 2 years BLDG & SAFETY CC:no GC34090 1101.07 Museums current year + 2 years BLDG & SAFETY CC:no GC34090 1 101 .08 Corporate Maintenance Yard current year + 2 years BLDG & SAFETY CC:no GC34090 Page 26 of 32 143 UFFS Description TOTAL Primary Scan / Citation Number RETENTION Responsibility Image 7ACILITIES1102 1102.01 PARKS &''OPEN SPACE Park Studies, General & Master Plan PERMANENT COMMUNITY SVC CS:yes GC34090 1102.02 Parks, Specific Master Plans PERMANENT COMMUNITY SVC CS:yes GC34090 1102.03 Park Naming & Acceptance Dates PERMANENT COMMUNITY SVC and CLERK CC:yes GC34090d 1102.04 Park Operations & Maintenance current year + 2 years COMMUNITY SVC CS:no GC34090d 1102.05 Park Construction &Capital Improvements PERMANENT PUBLIC WORKS CC:no 2.08.3110; GC34090a;4004; H&S19850 1102.06 Recreation Centers, General Info until superseded COMMUNITY SVC CS: no GC34090 1102.07 Dog Parks, General Info until superseded COMMUNITY SVC CS:no GC34090 1102.08 1102,09 1200 UTILITIES, U. C & T 1201 1201.01 Skate Parks, General Info Adopt a Park Program COMMUNICATIONS & TRANSPORTATION GENERAL UTILITIES Public Utilities Commission Reference until superseded completion + 4 years until superseded COMMUNITY SVC COMMUNITY SVC interested dept CS:no CS;no CC:no GC34090 GC34090;CCP337 GC34090 1201.02 Underground Utilities PERMANENT PUBLIC WORKS PW:no GC34090a 1201.03 Easements from Property Owners to Utilities PERMANENT CLERK CC:no GC34090a U, C & T 1202 1202.01 GAS and ELECTRIC Southern California Gas Company until superseded interested dept CC:no GC34090 1202.02 Imperial Irrigation District until superseded interested dept CC:no GC34090 1202.03 Southern California Edison until superseded interested dept CC:no GC34090 1202.04 Rates, Rules, Regulations & Misc. Correspondence until superseded + 2 years interested dept CC:no GC34090d 1202.05 Solar Energy Information until superseded interested dept CC:no GC34090 U. C & T 1203 WATER SERVICE' 1203.01 Coachella Valley Water District until superseded interested dept CC:no GC34090 1203.02 Rates, Rules, Regulations & Misc. Correspondence 1203.03 Lake Perris Dam U. C & T 1204 TELEPHONE 1204.01 Telephone Services, Public until superseded + 2 years current year + 2 years until superseded interested dept CLERK interested dept CC:no No CC:no GC34090d GC34090 GC34090 1204.02 Telephone Services, City Facilities until superseded interested dept CC:no GC34090 1204.03 Communication Facilities (inclu. Cell Towers) until superseded + 2 years interested dept CC:no GC34090d 1204.04 Rates, Rules, Regulations & Misc. Correspondence until superseded + 2 years interested dept CC:no GC34090d Page 27 of 32 144 UFFS Description TOTAL Primary Scan / Citation Number I RETENTION Responsibility image U, C & T 1205 1205.01 CABLE TELEVISION Television Cable Services, Public until superseded CITY MANAGER CC:no GC34090 1205.02 Rates, Rules, Regulations & Misc. Correspondence until superseded + 2 years CITY MANAGER CC:no GC34090d U, C & T 1206 1206.01 TRANSPORTATION Regional Transportation, General until superseded interested dept CC:no non -record, reference 1206.02 Transportation Uniform Mitigation Fee (TUMF) until auditied + 7 years PUBLIC WORKS CC:no same as DIF 1206.03 Bus Shelters / SUNLINE until superseded PUBLIC WORKS CC:no reference 1206.04 Taxi Service / Auto for Hire - Licenses & Permits until termination + 4 years FINANCE CC:no GC34090 1300 SAFETY & ENVIRONMENTAL SAFEIENV1301 GENERAL ADMINISTRATION 1301.01 Public Safety, General until superseded + 2 years BLDG & SAFETY CC:no GC34090 1301.02 Environmental, General until superseded + 2 years BLDG & SAFETY CC:no GC34090 SAFEIENV1302 1302.01 EMERGENCY SERVICES Emergency Operations Center (EOC) PERMANENT BLDG & SAFETY CC:no GC34090 1302.02 Emergency Operations Plan (Standard OP) until superseded + 2 years BLDG & SAFETY CC:no GC34090 1302.03 Emergency Communications (FCC Radio License) until expiration + 5 years BLDG & SAFETY CC:no CCP337.2 & CCP343; B&P7042.5 1302.04 Emergency / Disaster Reporting until superseded + 2 years BLDG & SAFETY CC:no GC34090 1302.05 Hazard Materials Contingency Plans until superseded + 2 years BLDG & SAFETY CC:no GC34090 1302.06 Community Resources until superseded + 2 years BLDG & SAFETY CC:no GC34090 1302.07 Emergency Shelters PERMANENT BLDG & SAFETY CC:no GC34090 1302.08 Mutual Aid until superseded + 2 years BLDG & SAFETY CC:no GC34090 1302.09 Warning System (Code Red) until superseded + 2 years BLDG & SAFETY CC:no GC34090 1302.10 FEMA Federal Emergency Management Agency until superseded + 2 years BLDG & SAFETY CC:no GC34090 1302.11 Emergency Training Programs (standards, admin.) until superseded + 2 years BLDG & SAFETY CC:no CalCode 3204d et seq. 1302.12 Disaster Service Works / CERT Train. Materials until superseded + 2 years BLDG & SAFETY CC:no CalCode 3204d et seq. 1302.13 Disaster Volunteers (CERT Applications) until superseded + 2 years BLDG & SAFETY CC:no GC34090 1302.14 Disaster Exercises until superseded + 2 years BLDG & SAFETY CC:no CalCode 3204d et seq. SAFEfENV1303 1303.01 POLICE SERVICES Law Enforcement Services, General until superseded + 2 years CM: MGMT SVC CC:no GC34090 1303.02 Crime Reports current year + 2 years CM: MGMT SVC CC:no GC34090 1303.03a Accident Reports (no fatalities) current year + 2 years CM: MGMT SVC CC:no GC34090 1303.03b Accident Reports (involving a fatality(s) PERMANENT CM: MGMT SVC CC:no GC34090 1303.04 Alarm Systems current year + 2 years BLDG & SAFETY CC:no GC34090 1303.05 Vehicle Code Enforcement, copy (orig to Court) current year + 90 days BLDG & SAFETY CC:no GC34090 Page 28 of 32 145 UFFS Description TOTAL Primary Scan / Citation Number RETENTION Responsibility Image 1303.06 Abandoned Vehicles current year + 2 years BLDG & SAFETY CC:no GC34090 SAFEIENV1304 1304.01 FIRE SERVICES Fire Service, General until superseded + 2 years BLDG & SAFETY CC:no GC34090 SAFE/ENV1305 1305.01 ANIMAL CONTROL Animal Shelters, General current year + 2 years BLDG & SAFETY B+S:no GC34090 1305.02 Animal Licensing, General (408.04 for Lic.fees) current year + 2 years BLDG & SAFETY B+S:no GC34090 1305.03 Animal Inoculations, Spay/Neuter Records (with license) until expiration + 2 years FINANCE F:no GC34090 1305.04 Animal Disposal current year + 2 years BLDG & SAFETY B+S:no GC34090 1305.05 Dog Reports: Case files and Logs current year + 2 years BLDG & SAFETY B+S:no GC34090 1305.06 Restraining Orders, Vicious Animals PERMANENT BLDG & SAFETY B+S:no GC34090 1305.07 Animal Complaints, Filed until completed + 2 years BLDG & SAFETY B+S:no GC34090 1305.08 Petitions, Barking Dog current year + 1 year BLDG & SAFETY B+S:no GC50115 & 6253 1305.09 Reports, Animal Bites PERMANENT BLDG & SAFETY B+S:no GC34090 1305.10 Animal Owner Release Forms current year + 2 years BLDG & SAFETY B+S:no GC34090 1305.11 Animal Control Officer Logs: daily, weekly, monthly current year + 2 years BLDG & SAFETY B+S:no GC34090 1305.12 Diseased / Injured Animal Treatment Authorization current year + 2 years BLDG & SAFETY B+S:no GC34090 1305.13 Animal Trap Lending Agreements until expiration + 2 years BLDG & SAFETY B+S:no GC34090 1305.14 Stat Reports: Animal Control destroy at will BLDG & SAFETY S drive non -record, compilations SAFEIENV1306 1306.01 ENVIRONMENTAL ISSUES & CONSERVATION Environmental - EA files PERMANENT PLANNING PL:yes GC34090 1306.02 Landscaping Guidelines until superseded + 2 years PLANNING PL:no GC34090 & 40801 1306.03 Air Quality, Tests/Studies while current + 2 years PLANNING PL:no GC34090d 1306.04 Noise Control, Tests/Studies while current + 2 years PLANNING PL:no GC34090d 1306.05 Water Quality, Tests/Studies while current + 2 years PLANNING CC:no GC34090d 1306.06 Water Conservation, General Info destroy at will PLANNING andCITY MANAGER CC:no reference 1306.07 Resource Conservation Areas PERMANENT PLANNING CC:no GC34090 1306.08 Hazardous Waste, General Info until superseded PLANNING and CITY MANAGER CC:no GC34090 1306.09 Underground Storage Tanks, locations/issues PERMANENT BLDG & SAFETY B+S:no GC34090 1306.10 Energy Conservation, General Info until superseded PLANNING and CITY MANAGER CC:no GC34090 1306.11 City -Wide Clean Up Campaigns while current + 2 years PUBLIC WORKS PW:no GC34090 1306.12 Tree Trimming & Removal current year + 2 years PUBLIC WORKS PW:no GC34090 1306.13 Waste Collection & Recycling, General Info destroy at will CM: MGMT SVC CC:no non -record, reference 1306.14 Landfills, General Info destroy at will PLANNING CC:no non -record, reference 1306.15 Archaeological Surveys PERMANENT PLANNING PL:no GC34090 Page 29 of 32 146 UFFS Description TOTAL Primary Scan / Citation Number RETENTION Responsibility Image 1306.16 C.E.Q.A: Calif. Environmental Quality Act PERMANENT PLANNING PL:no GC34090 1306.17 Endangered Species PERMANENT PLANNING PL:no GC34090 1306.18 CV Multi -Species Habitat Conservation Plan PERMANENT PLANNING and CITY MANAGER PL:no GC34090, LQCC/CM SAFE/ENV13©7 1307.01 CODE ENFORCEMENT & PERMITS Weed Abatement, General (also see 704.09) until superseded + 2 years BLDG & SAFETY B+S:no GC34090 1307.02 Weed Abatement Cases (also see 704.09) until closed + 2 years BLDG & SAFETY B+S:no GC34090 1307.03 Permits, Home Occupation / Home Businesses PERMANENT BLDG & SAFETY B+S:no GC34090 1307.04 Permits, Garage Sale until expiration + 2 years BLDG & SAFETY B+S:no GC34090d 1307.05 Permits, Handbill Distribution until expiration + 2 years BLDG & SAFETY B+S:no GC34090d 1307.06 Permits, Soliciting or Peddling until expiration + 2 years BLDG & SAFETY B+S:no GC34090d 1307.07 Permits, Photography / Film until expiration + 2 years BLDG & SAFETY B+S:no GC34090d 1307.08 Permits, Pool Draining until expiration + 2 years BLDG & SAFETY B+S:no GC34090d 1307.09 Permits, Massage Therapist incl Med, Fingerprint. until expiration + 2 years BLDG & SAFETY B+S:no GC34090d 1307.10 False Alarm Activation Notices current year + 2 years BLDG & SAFETY B+S:no GC34090 1307.11 Lot Abatement Bids & Correspondence until completed + 2 years BLDG & SAFETY B+S:no GC34090 1307.12 Vehicle Abatements until settled + 5 years BLDG & SAFETY B+S:no GC34090 1307.13 Municipal Code Violations PERMANENT BLDG & SAFETY B+S:no Dept. Request (State requires completed+2) 1307.14 Stat Reports: Code Compliance destroy at will BLDG & SAFETY S drive non -record, compilations 1400 ARTS, ARTIREC 1401 1401.01 RECREATION & EDUCATION CULTURAL ARTS' Art in Public Places PERMANENT COMMUNITY SVC CS:yes Dept request -historic (Staterequires 2 yrs) 1401.02 Civic Center Art Purchases PERMANENT COMMUNITY SVC CS:yes Dept request -historic (State requires audit+7) 1401.03 Cultural Master Plans until superseded + 2 years COMMUNITY SVC CS:yes GC34090 1401.04 Performing Arts current year + 2 years COMMUNITY SVC CS:yes GC34090 1401.05 Art Foundations / Art Centers, brochures & history current year + 2 years COMMUNITY SVC CS:yes GC34090 1401.06 Museum / Cultural Centers current year + 2 years COMMUNITY SVC CS:yes GC34090 1401.07 Tourism & Visitor Centers current year + 2 years CM: MGMT SVC CS:yes GC34090 ARTIREC 1402 1402.01 RECREATION PROGRAMS & ACTIVITIES Recreation Programs & Program Evaluations current year+ 2 years COMMUNITY SVC CS:no GC34090 1402.02 Golf Courses, Public until completed + 2 years COMMUNITY SVC CS:no GC34090 1402.03 Skateboarding until completed + 2 years COMMUNITY SVC CS:no GC34090 1402.04 Trails, Hiking, Biking, Equestrian until completed + 2 years COMMUNITY SVC CS:no GC34090 Page 30 of 32 147 UFFS Description TOTAL Primary Scan / Citation Number RETENTION Responsibility Image 1402.05 Parades, Pageants & Community Events until completed + 2 years COMMUNITY SVC CS:no GC34090 1402.06 Equipment Rentals until audited + 7 years COMMUNITY SVC CS:no GC34090 1402.07 Facility Use Permits (incl. Park Permits) current year + 2 years COMMUNITY SVC CS:no GC34090 1402.08 Registrations, Adults while current + 2 years COMMUNITY SVC CS:no GC34090 1402.09 Registrations, Minors age 18 + 2 years COMMUNITY SVC CS:no GC34090 & Statute of Limitation ARTIREG 1403 1403.01 EDUCATION Desert Sands Unified School District current year + 2 years COMMUNITY SVC CC:no GC34090 1403.02 Coachella Valley Unified School District current year + 2 years COMMUNITY SVC CC:no GC34090 1403.03 LaQuinta High School current year + 2 years COMMUNITY SVC CC:no GC34090 1403.04 College of the Desert current year + 2 years COMMUNITY SVC CC:no GC34090 1403.05 Univ. of Calif. Riverside, Palm Desert Campus current year + 2 years CITY MANAGER CC:no GC34090 1500 GOVERNMENT ORGANIZATIONS & OFFICES GOV/ORG 1501 UNITED STATES / FEDERAL ORGANIZATIONS & OFFICES'' 1501.01 (LIST ALPHABETICALLY) current year + 2 years interested dept CC:no GC34090 GOV/ORG 1502 1502.01 STATE OF CALIFORNIA ORGANIZATIONS & OFFICES (LIST ALPHABETICALLY) current year + 2 years interested dept CC:no GC34090 GOVIORG 1503 1503.01 LOCAL &IREGIONAL ORGANIZATIONS & OFFICES Local Agency Formation Commission (LAFCO) current year + 2 years CITY MANAGER CC:no GC34090 1503.02 PS Desert Resorts Conv & Visitors Authority: CVA current year + 2 years CITY MANAGER CC:no GC34090 1503.03 PS International Airport Commission current year + 2 years CITY MANAGER CC:no GC34090 1503.04 Coachella Valley Enterprise Zone Authority current year + 2 years CITY MANAGER CC:no GC34090 1503.05 Western Riverside Council of Gov't (WRCOG) current year + 2 years CITY MANAGER CC:no GC34090 1503.06 Coachella Valley Recreation & Parks District current year + 2 years CITY MANAGER CC:no GC34090 1503.07 So. Calif. Association of Governments (SCAG) current year + 2 years CITY MANAGER CC:no GC34090 1503.08 Coachella Valley Mts Conservancy Commission current year + 2 years CITY MANAGER CC:no GC34090 1503.09 Salton Sea Authority current year + 2 years CITY MANAGER CC:no GC34090 1503.10 Coachella Valley Assoc. of Governments (CVAG) current year + 2 years CITY MANAGER CC:no GC34090 1503.11 Coachella Valley Economic Partnership (CVEP) current year + 2 years CITY MANAGER CC:no GC34090 1503.12 Coachella Valley Mosquito & Vector District current year + 2 years CITY MANAGER CC:no GC34090 1503.13 Coachella Valley Joint Powers Insurance Authority current year + 2 years CITY MANAGER CC:no GC34090 1503.14 Jacqueline Cochran Regional Airport Authority current year + 2 years CITY MANAGER CC:no GC34090 1503.15 Chamber of Commerce, La Quinta current year + 2 years CITY MANAGER CC:no GC34090 1503.16 Chambers of Commerce, Other Areas current year + 2 years CITY MANAGER CC:no GC34090 1503.17 South Coast Air Quality Management District current year + 2 years CITY MANAGER CC:no GC34090 Page 31 of 32 148 UFFS Description TOTAL Primary Scan / Citation Number RETENTION Responsibility Image 1503.18 (OPEN) was CVWD - duplicates 1203.01 1503.19 Cal PERS current year + 2 years CITY MANAGER CC:no GC34090 1503.20 Coachella Valley Rescue Mission current year + 2 years COMMUNITY SVC CC:no GC34090 1503.21 Marth's Village & Kitchen current year + 2 years COMMUNITY SVC CC:no GC34090 G©V/ORG 1504 1504.01 RIVERSIDE COUNTY FILES Riverside County, General current year + 2 years CITY MANAGER CC:no GC34090 1504.02 County Recorder & County Clerk current year + 2 years CLERK CC:no GC34090 1504.03 Auditor / Controller current year + 2 years FINANCE CC:no GC34090 1504.04 Board of Supervisors current year + 2 years CITY MANAGER CC:no GC34090 1504.05 Office of Disaster Preparedness current year + 2 years BLDG & SAFETY CC:no GC34090 1504.06 Flood Control / Water Conservation District current year + 2 years PUBLIC WORKS CC:no GC34090 1504.07 Housing & Community Development Dept. current year + 2 years CITY MANAGER CC:no GC34090 1504.08 Public Works Department current year + 2 years CITY MANAGER CC:no GC34090 1504.09 Registrar of Voters current year + 2 years CLERK CC:no GC34090 1504.10 Sheriff's Department current year + 2 years CITY MANAGER CC:no GC34090 1504.11 Traffic Advisory Commission current year + 2 years PUBLIC WORKS CC:no GC34090 1 504.1 2 Treasurer / Tax collector current year + 2 years FINANCE CC:no GC34090 1504.13 Public Health Services current year + 2 years CITY MANAGER CC:no GC34090 1504.14 Riverside Cty Transportation Commission (RCTC) current year + 2 years CITY MANAGER CC:no GC34090 1504.15 Department of Animal Control current year + 2 years BLDG & SAFETY CC:no GC34090 1504.16 Economic Development Program while current + 2 years CITY MANAGER CC:no GC34090 1504.17 Department of Planning & Land Use current year + 2 years PLANNING CC:no GC34090 1504.18 Assessor's Office current year + 2 years FINANCE CC:no GC34090 1504.19 Department of Social Services current year + 2 years CITY MANAGER CC:no GC34090 1504.20 Riverside County Library System current year + 2 years COMMUNITY SVC CC:no GC34090 1504.21 Department of Parks & Recreation current year + 2 years COMMUNITY SVC CC:no GC34090 1504.22 County Court System current year + 2 years CITY MANAGER CC:no GC34090 1504.23 Department of Vector Control current year + 2 years CITY MANAGER CC:no GC34090 1504.24 Fire Department current year + 2 years CITY MANAGER CC:no GC34090 1504.25 Riverside Cty Airport Land Use Commission / COCHRAN Regional airport current year + 2 years CITY MANAGER CC:no GC34090 Ca4V/DRCa 1505 INTER / INTRA CITY FILES (LIST ALPHABETICALLY) current year + 2 years interested dept CC:no G©V/©RG 1506 INTERNATIONAL OFFICES & ORGANIZATIONS (LIST ALPHABETICALLY) current year+ 2 years interested dept CC:no Page 32 of 32 149 Tjhf 4 4 a" AGENDA CATEGORY: CITY / SA / HA / FA MEETING DATE: Auqust 6, 2013 BUSINESS SESSION: CONSENT CALENDAR: 12 ITEM TITLE: EXCUSE COMMISSIONER ROBERT WILKINSON'S ABSENCE FROM THE JULY 23, 2013, STUDY SESSION: PLANNING COMMISSION MEETING PUBLIC HEARING: RECOMMENDED ACTION: Approve a request from Commissioner Robert Wilkinson to be excused from the July 23, 2013, Planning Commission meeting. BACKGROUND/ANALYSIS: Commissioner Wilkinson requested to be excused from the July 23, 2013, Planning Commission meeting due to a death in the family. La Quinta Municipal Code Section 2.06.020(B) does not allow a member to be absent from two consecutive regular meetings or three scheduled meetings within a fiscal year without causing his/her office to become vacant. A request may be made for Council to excuse a commission member's absence after -the -fact, for extenuating circumstances, and the absence would then not be counted toward the limitation on absences. Commissioner Wilkinson has had no other absences during this fiscal year and staff recommends his absence be excused by Council. ALTERNATIVES: Deny Commissioner Wilkinson's request to be excused. Denial of the request would result in the absence being counted toward his limitation on absences as noted above. Report prepared by: Les Johnson, Community Development Director Report approved for submission by: Frank J. Spevacek, City Manager Wit Monika Radeva ATTACHMENT # 1 From: Robert Wilkinson <ROBERTVWV55@aol.com> Sent: Sunday, July 21, 2013 1:22 PM To: Monika Radeva Subject: Schedule change Requesting permission to be excused from the Planning Commission meeting Tuesday July 23. Wednesday We drove up to Eugene oregon for a family reunion on my wife's side of the family. Upon arriving I received a call from my cousin that my 95 year old uncle had passed away in Bellingham Washington. The services are Wednesday in Bellingham We were honing to drive home to La Quinta Monday which we are now changing to attend the memerioal aervice on Wednesday in Bellingham. Consequently I will need to miss the next Planning Commission meeting. Please excuse from the meeting Thank you Robert. Wilkinson. Sent from my iPhone On Jul 18, 2013, at 9:27 AM, "Monika Radeva" <Mradeva(a�la-quinta.or> wrote: Dear Commissioners: Please see the workshop notification below put together by CVAG for July 25, 2013. Have a wonderful day. Monika. Radeva Secretary Community Development Department City of La Quinta 78-495 Calle Tampico, La Quinta, CA 92253 Tel: (760) 777 - 7118 Fax: (760) 777 - 7011 E-mail: MRadeva@La-Quinta.org This email and any files transmitted with it may contain legally privileged or otherwise confidential information. If you are not the intended recipient, or believe that you may have received this communication in error, please advise the sender via reply email and delete the email you received. This email address is to be used for official City of La Quinta correspondence only. Any messages which are transmitted to this address which contain advertisements, spam, malicious attachments, or any other type of inappropriate content may be automatically deleted or blocked from receipt or viewing. Please consider the environment before printing this and any email. From: Les Johnson Sent: Thursday, July 18, 2013 9:06 AM To: Monika Radeva (Mradeva@la-quinta.org); Wanda Wise -Latta (wlatta@la-quinta.orq); Angela Guereque Cc: Edie Hylton (Ehvlton@la-quinta.org); Frank Spevacek Subject: FW: REMINDER: CVAG's CV Link Community Workshop July 25, 2013 Could you please make sure that the City Council, Planning Commission and Community Services Commission are made aware of this community meeting? Council and the Commissioners may want to attend since this could become an important transportation link and linear park for our community and the Coachella Valley. Thank you. Les Johnson Community Development Director Wil Tjhf 4 4 a" AGENDA CATEGORY: CITY / SA / HA / FA MEETING DATE: Auqust 6, 2013 BUSINESS SESSION: CONSENT CALENDAR: 13 ITEM TITLE: EXCUSE COMMISSIONER ED ALDERSON'S ABSENCE FROM THE JULY 23, 2013, PLANNING STUDY SESSION: COMMISSION MEETING PUBLIC HEARING: RECOMMENDED ACTION: Approve a request from Commissioner Ed Alderson to be excused from the July 23, 2013, Planning Commission meeting. BACKGROUND/ANALYSIS: Commissioner Alderson requested to be excused from the July 23, 2013, Planning Commission meeting due to medical reasons. La Quinta Municipal Code Section 2.06.020(B) does not allow a member to be absent from two consecutive regular meetings or three scheduled meetings within a fiscal year without causing his/her office to become vacant. A request may be made for Council to excuse a commission member's absence after -the -fact, for extenuating circumstances, and the absence would then not be counted toward the limitation on absences. Commissioner Alderson has had no other absences during this fiscal year and staff recommends his absence be excused by Council. ALTERNATIVES: Deny Commissioner Alderson's request to be excused. Denial of the request would result in the absence being counted toward his limitation on absences as noted above. Report prepared by: Les Johnson, Community Development Director Report approved for submission by: Frank J. Spevacek, City Manager i ATTACHMENT # 1 .Monika Radeva From: Edward Alderson <betned@aol.com> Sent: Wednesday, July 24, 2013 6:00 PIVII To: Monika Radeva Subject: Re: Request to be Excused Can you request, on my behalf, that I be excused from the Planning Commission July 23, 2013 due to medical reasons. Thankyou 153 � o� V sy 5. c�tit OF CITY / SA / HA / FA MEETING DATE: August 6, 2013 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: REQUEST FOR PROPOSAL TO OBTAIN DESIGN -BUILD SERVICES FOR THE LA QUINTA CONSENT CALENDAR: 14 COMMUNITY HEALTH AND WELLNESS CENTER, STUDY SESSION: PROJECT NO. 2013-11 PUBLIC HEARING: RECOMMENDED ACTION: Approve a request for proposal to obtain design -build services for the La Quinta Community Health and Wellness Center, Project No. 2013-1 1 . EXECUTIVE SUMMARY: • Approval of this Request for Proposal (RFP) will allow for design and construction of this project, which entails expanding the existing Senior Center and transforming it into a Community Health and Wellness Center ("Community Center"). • Recreation and fitness are in high demand in the City. This project would meet the growing needs of the numerous La Quinta residents seeking health and wellness opportunities. • Staff is proposing the design -build method of project delivery, in which one entity, the design -build team, works under a single contract with the City to provide design and construction services. • The design -build method of delivery should result in faster project delivery, cost savings, and reduced risk for the City. The project is fully funded and is scheduled to begin this fiscal year. FISCAL IMPACT: None for this action. The Community Center is programmed to receive $3,308,725 from a mixture of Community Center Developer Impact Fees and 154 Quimby Funds this fiscal year. The annual cost to operate the expanded facility is estimated at approximately $50,000. This includes utilities, janitorial, supplies, and part-time staff. Revenues from use of the fitness area and classes would fund the operational costs of the expansion. If 1 ,000 annual memberships at $50 per person are sold, the operating cost for the expansion will be covered with no new expenses to the General Fund. BACKGROUND/ANALYSIS: The proposed project will modify, expand, and rehabilitate the City's 10,250 square foot Senior Center and result in a new 16,240 square foot Health and Wellness Center, a net increase of 5,990 square feet. The design -build team will be responsible for all aspects of delivering the complete project from inception through completion. The following table compares the current uses and the proposed uses: EXISTING USE/AREA SF PROPOSED USE/AREA SF Multipurpose Room, other uses 4,730 Multipurpose Room, other uses 4,730 Lobby, Reception and Hallways 2,330 Lobby, Reception and Hallways 2,330 SW Bathrooms 390 SW Bathrooms 390 Offices/Admin Areas 620 Offices/Admin Areas 620 Health Office 220 Health Office 220 E Bathrooms 310 Central Bathrooms 310 Lounge 320 Computer Room 520 Arts and Craft Room 650 Arts Room 480 Billiard Room and Computer Lab 540 Leisure and Enrichment 730 Storage and Other 140 Courtyard 460 Total Existing SF 10,250 Net SF Change +5,990 Aerobics Room 720 E Bathrooms 460 Fitness Area 2,450 Gallery 450 Terrace 870 Total Proposed SF 16,240 One of the uses proposed is a new Fitness Area. The existing La Quinta Fitness Center at La Quinta Community Park has over 2,800 memberships, with an attendance of 43,441 last year. This facility is extremely busy during the peak season and peak hours (mornings and early evenings). The addition of workout areas will expand the services and opportunities for residents and visitors to improve their health. Fitness activities continue to be some of the most popular and desired programs for adults and teens and were identified in the recent Community Services Master Plan as a priority. The RFP to obtain design -build services for the Community Center is available for review within the Public Works Department. W The City Manager intends to appoint a Consultant Selection Committee consisting of the following members: Timothy R. Jonasson, P.E., Public Works Director/City Engineer; Edie Hylton, Community Services Director; Greg Butler, Building Official/Emergency Manager; Bryan McKinney, Principal Engineer; Christine Calderon, Recreation Supervisor; and Nick Nickerson, Project Manager. Contingent upon City Council authorization to distribute the RFP, the following is the proposed project schedule: Design -Build Consultant Selection Process August thru October 2013 Recommendations to City Council November 2013 Project Design Phase November 2013 thru June 2014 Project Construction Phase June 2014 thru February 2015 Project Acceptance March 2015 ALTERNATIVES: The City Council may choose to elect the more traditional design, bid, build project delivery method for this project. Since this would unnecessarily delay the project completion past March 2015, this alternative is not recommended; or The City Council may choose to limit the improvements to renovating the existing Senior Center building and correcting the ADA deficiencies identified by the ADA transition plan. The estimated cost of this alternative is $1,133,000. Report prepared by: Bryan McKinney, Principal Engineer Report approved for submission by: Timothy R. Jonasson, P.E. Public Works Director/City Engineer Titf 4 4 a" CITY / SA / HA / FA MEETING DATE: August 6, 2013 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: RESOLUTION SUPPORTING THE CONSENT CALENDAR: 15 REDESIGNATION OF RIVERSIDE COUNTY AS A RECYCLING MARKET DEVELOPMENT ZONE STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Adopt a Resolution supporting the redesignation of the Riverside County as a Recycling Market Development Zone. EXECUTIVE SUMMARY • The Recycling Market Development Zone (RMDZ) Program provides low -interest loans and technical assistance to businesses and non -profits in order to increase the diversion of non -hazardous solid waste from California landfills • The current RMDZ designation encompasses only a portion of Riverside County, and will expire August 25, 2013. The County must reapply to the California Department of Resources Recycling and Recovery (CalRecycle) to maintain and expand the RMDZ. • As part of the application, the County desires to expand zone boundaries to include the entire county so program benefits are available countywide. • To participate in the RMDZ, CalRecycle requires each city to adopt a resolution supporting the County's application. FISCAL IMPACT: None. BACKGROUND/ANALYSIS: Riverside County currently has one RMDZ that encompasses several cities and 158 unincorporated former Redevelopment Agency areas, of which La Quinta is not a part of. The RMDZ will expire on August 25, 2013. CalRecycle has encouraged the County to seek a new ten-year designation of the RMDZ and expand the boundaries. On April 23, 2013, the Riverside County Board of Supervisors authorized the Riverside County Economic Development Agency to prepare and submit an application to CalRecycle for redesignation of the entire county as an RMDZ. The goal is to include all 28 cities within Riverside County in the RMDZ. The Riverside County Economic Development Agency has published a short Frequently Asked Questions list regarding the RMDZ, which is provided as Attachment 1 . ALTERNATIVES: Should the City Council choose not to adopt the Resolution, benefits of the RMDZ program would not be available to La Quinta-based businesses and non-profit organizations. This alternative would not jeopardize the County's application. Report prepared by: Wally Nesbit, Principal Planner Report approved for submission by: Les Johnson, Community Development Director Attachment: 1 . Riverside County RMDZ: Frequently Asked Questions `M RESOLUTION NO. 2013 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, SUPPORTING THE REDESIGNATION OF RIVERSIDE COUNTY AS A RECYCLING MARKET DEVELOPMENT ZONE DUE TO AN INCREASE IN BOUNDARIES AND ADOPTION OF INITIAL STUDY AND NEGATIVE DECLARATION WHEREAS, California Public Resources Code Section 42010, et al. provides for the establishment of the Recycling Market Development Zone (RMDZ) program throughout the State which provides incentives to stimulate development of post - consumer and secondary materials markets for recyclables; and WHEREAS, all California jurisdictions must meet a 50% reduction in landfill waste disposal as mandated by the California Integrated Waste Management Act; and WHEREAS, the Riverside County RMDZ includes the cities of Blythe, Cathedral City, Coachella, Hemet, Indio, Moreno Valley, Perris and San Jacinto and parts of unincorporated Riverside County; and WHEREAS, the Riverside County RMDZ is dedicated to establishing, sustaining and expanding recycling -based manufacturing businesses, which is essential for market development and to assist these jurisdictions in meeting the established landfill waste reduction goals; and WHEREAS, the cities of Banning, Beaumont, Calimesa, Canyon Lake, Corona, Desert Hot Springs, Eastvale, Indian Wells, Jurupa Valley, Lake Elsinore, La Quinta, Menifee, Murrieta, Norco, Palm Desert, Palm Springs, Rancho Mirage, Riverside, Temecula, Wildomar and all of unincorporated Riverside County desire existing and new recycling -based manufacturing businesses located within their jurisdictions to be eligible for the technical and financial incentives associated with the RMDZ program; and WHEREAS, the addition of these jurisdictions to the Riverside County RMDZ is necessary to facilitate local and regional planning, coordination, and support existing recycling -based manufacturing businesses, as well as assist in attracting private sector recycling investments to the RMDZ; and WHEREAS, the continued development of local markets for recycled materials would reduce the need to transport them out of the region in the future; and `Pi City Council Resolution No. 2013- Recycling Market Development Zone Adopted: August 6, 2013 Page 2 WHEREAS, the current and proposed waste management practices and conditions are favorable to the development of post -consumer and secondary waste materials markets; and WHEREAS, the California Legislature has defined environmental justice as "the fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies" [Government Code section 65040.12(e)], and has directed the California Environmental Protection Agency to conduct its programs, policies, and activities that substantially affect human health or the environment in a manner that ensures the fair treatment of people of all races, cultures, and income levels, including minority populations and low-income populations of the state [Public Resources Code section 71 1 10(a)]; and WHEREAS, CalRecycle has adopted a goal to continuously integrate environmental justice concerns into all of its programs and activities; and WHEREAS, the cities of Banning, Beaumont, Blythe, Calimesa, Canyon Lake, Cathedral City, Coachella, Corona, Desert Hot Springs, Eastvale, Hemet, Indian Wells, Indio, Jurupa Valley, La Quinta, Lake Elsinore, Menifee, Moreno Valley, Murrieta, Norco, Palm Desert, Palm Springs, Perris, Rancho Mirage, Riverside, San Jacinto, Temecula and Wildomar and the unincorporated part of Riverside County have agreed to submit an application to CalRecycle requesting the redesignation of the Riverside County RMDZ due to a change in boundaries; and WHEREAS, County of Riverside has agreed to act as Lead Agency for the proposed redesignation; and WHEREAS, in accordance with the California Environmental Quality Act (CEQA), the County of Riverside has prepared which evaluates the potential adverse environmental effects that might occur as a result of the redesignation of the Riverside County RMDZ; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California as follows: SECTION 1. The City of La Quinta, as Responsible Agency, approves the redesignation of Riverside County as a RMDZ and directs the County of Riverside Economic Development Agency to submit an application to CalRecycle requesting redesignation of Riverside County as a RMDZ which includes the cities of Banning, Beaumont, Blythe, Calimesa, Canyon Lake, Cathedral City, Coachella, Corona, Desert Hot Springs, Eastvale, Hemet, Indian Wells, Indio, Jurupa Valley, La Quinta, 1F'Y� City Council Resolution No. 2013- Recycling Market Development Zone Adopted: August 6, 2013 Page 3 Lake Elsinore, Menifee, Moreno Valley, Murrieta, Norco, Palm Desert, Palm Springs, Perris, Rancho Mirage, Riverside, San Jacinto, Temecula, and Wildomar and the unincorporated part of Riverside County. SECTION 2. The County of Riverside will administer the RMDZ program in a manner that seeks to ensure the fair treatment of people of all races, cultures and incomes, including but not limited to soliciting public participation in all communities within the RMDZ, including minority and low-income populations. SECTION 3. The County of Riverside Economic Development Agency shall file a Notice of Determination respecting this Project with the State Clearinghouse pursuant to CEQA Guidelines Section 15096(i). PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 6th day of August, 2013, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: SUSAN MAYSELS, City Clerk City of La Quinta, California `"- City Council Resolution No. 2013- Recycling Market Development Zone Adopted: August 6, 2013 Page 4 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California `W City Council Resolution No. 2013- Recycling Market Development Zone Adopted: August 6, 2013 Page 5 EXHIBIT A - RESOLUTION NO. 2013 - CITY OF LA QUINTA REFUSE COLLECTION RATE AND DISPOSAL CHARGE TAX BILLING FY 13/14 - RESIDENTIAL PROPERTY i ATTACHMENT # 1 COUNTY OF RIVERSIDE EDA ECONOMIC DEVELOPMENT AGENCY RIVERSIDE COUNTY RECYCLING MARKET DEVELOPMENT ZONE 2013 Redesignation Application for Countywide Zone Frequently Asked Questions What is a Recycling Market Development Zone? The California Department of Resources Recycling and Recovery (CalRecycle) designated portions of Riverside County as a Recycling Market Development Zone (RMDZ) in order help divert waste from our landfills and stimulate the manufacturing of new, recycled products. What are the benefits of being in an RMDZ? • Low -interest loans to manufacturers who make recycled products • Support "green" recycling jobs and manufacturing in Riverside County • Reduce waste going to our landfills Why are we seeking redesignation of the RMDZ? The RMDZ designation expires August 25, 2013 and in order to maintain the benefits, the County has to reapply to CalRecycle. Additionally, the County desires expand the zone boundaries to include the entire county in order to make the program benefits available countywide. What portions of the County are currently in the RMDZ? The following cities are part of the RMDZ: • Moreno Valley • Cathedral City • Perris • Indio • San Jacinto • Coachella • Hemet • Blythe What are the incentives available in an RMDZ? The RMDZ Loan Program provides low -interest loans to private businesses and not -for -profit organizations to increase diversion of non -hazardous solid waste from California landfills and to promote market demand for secondary and postconsumer materials. The program can fund a maximum of 75% of costs directly attributed to an eligible project up to a maximum of 2 000 000 whichever is less. Businesses and non-profit organizations can use the funds for: • Machinery and equipment 166 • Working capital • Real estate purchase and improvements ATTACHMENT # 1 • Refinancing of onerous debt that results in increased diversion, and In addition to the loan program, CalRecyle provides the following Technical Assistance to businesses: • Locating manufacturing materials (feedstock) • Finding markets for products • Providing current market conditions/trends • Evaluating technology and equipment • Providing geographical data on demographics, waste streams, and economics • Free product marketing through RecycleStore , an online site that links buyers in direct contact with recycling -based manufacturers What would the program cost your city? There is NO COST to participate in the program. There is no effect on local autonomy and the opportunity is free of cost. The zone designation simply allows you to offer businesses in your jurisdiction access to the benefits of the CalRecycle program. Does being in the RMDZ require my city to accept certain types of recycling uses? The RMDZ designation does not ask or require your city to accept any uses in any manner at all. All land use and permitting activities are not affected by participation in this zone. How can your City be a part of the new RMDZ? It's simple!! What we would ask your city to do is adopt a resolution supporting the new countywide RMDZ. We will provide a template for you that you can present to your City Council. For more information please call Rob Moran at 951.955.6673 or email rmoran@rivcoeda.org Riverside County Economic Development Agency OF CITY / SA / HA / FA MEETING DATE: August 6, 2013 ITEM TITLE: OVERNIGHT TRAVEL FOR TWO COUNCIL MEMBERS AND CITY MANAGER TO ATTEND A MEETING WITH THE STATE OF CALIFORNIA DEPARTMENT OF FINANCE AND COURT HEARING IN SACRAMENTO AUGUST 8-9, 2013 RECOMMENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 16 STUDY SESSION: PUBLIC HEARING: Authorize overnight travel for Council Members Henderson and Osborne and City Manager Spevacek to attend a meeting with the Department of Finance and the Superior Court hearing regarding the City's litigation with the State of California. EXECUTIVE SUMMARY: • The Department of Finance (DOF) determined that the $41 million repaid to the City's general fund by the former La Quinta Redevelopment Agency (RDA) in order to fully retire the RDA's loan indebtedness to the City, was subject to clawback and redistribution to taxing agencies in the Coachella Valley. • The City filed litigation and the Court hearing is scheduled for August 9, 2013. • The City has also scheduled a meet and discuss meeting with DOF regarding the disposition of certain former RDA properties; this meeting is scheduled for Thursday, August 8, 2013. • Council Members Henderson and Osborne, and City Manager Spevacek would like attend the meeting and the hearing. FISCAL IMPACT: The estimated travel expenditures for each attendee is $775. These expenses would be funded through the City Council and City Manager travel, training and meetings accounts. `1:U. BACKGROUND/ANALYSIS: The City filed litigation against the State of California regarding the DOF's directive to distribute $41 .3 million of repaid General Fund loan proceeds to taxing agencies. Per the Redevelopment Dissolution Law, all litigation regarding dissolution matters must be filed and heard by the Sacramento Superior Court. The Court hearing is scheduled for 1 :30 p.m. on Friday, August 9, 2013. The DOF recently issued another directive to reverse an Oversight Board decision that ratified the purchase of SilverRock and Highway 111 properties by the City. The DOF also directed the City to not assume ownership of the Village Public Parking lot. The City Manager and the City Attorney requested a meeting with the DOF to review the DOF decision regarding said properties. This meeting is scheduled for 2:00 p.m. on Thursday, August 8, 2013. Staff has encouraged City Council members to attend the Court hearing to show support for the City's position. Staff has also invited the Council to attend the DOF meeting so that the Council may better understand DOF transactions. Given when the meeting and the hearing are scheduled, overnight travel is required. ALTERNATIVES: The attendance of Council representatives and the City Manager is key as the outcome of the meeting and hearing are instrumental to the financial well-being of the City. Therefore, staff does not recommend alternative action. Report prepared by: Wanda P. Wise -Latta, Executive Assistant Report approved for submission by: Frank J. Spevacek, City Manager `W o� u,tcv � o� V s y ,rY c�tit OF CITY / SA / HA / FA MEETING DATE: August 6, 2013 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: PROFESSIONAL SERVICES AGREEMENT WITH THE TALL MAN GROUP FOR REAL ESTATE CONSENT CALENDAR: 17 ANALYSIS AND APPROVAL OF APPROPRIATION STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Approve a Professional Services Agreement with the Tall Man Group for Real Estate Analysis Services, authorize the City Manager to execute the Agreement, and approve an appropriation of $50,000 from unallocated General Fund Reserves. EXECUTIVE SUMMARY: • The City is now entering negotiations with development entities regarding SilverRock Resort, the Village, and the Highway 1 1 1 commercial properties. The City issued a Request for Qualifications for specialized real estate analysis services in August 2012 to procure real estate analysis services. City staff does not have this skill set. • The Request for Qualifications was circulated to ten firms and the following firms responded: Gafcon, Keyser Marston Associates, Tall Man Group and Tierra West Advisors. • On January 2, 2013, staff recommended that the City retain Gafcon for market analysis services and Tall Man Group for real estate analysis services; the City Council elected to not retain these services at that time because there were no pending development proposals involving City properties. `rct FISCAL IMPACT: The Professional Services Agreement (Attachment 1) would span Fiscal Year 2013/14 and would be paid from the City Manager Contract Services Account. BACKGROUND/ANALYSIS: The City is currently moving forward with various economic development projects and property disposition activities, including the disposition of SilverRock Resort, Village properties and the Highway 111 commercial property. Full consideration of these projects require specialized real estate analysis and fiscal analysis services. These services include: real estate proposal and pro -forma analysis/evaluation; property disposition; due diligence activities related to development proposals/developers; and cash flow analysis/projections. In August 2012 the City circulated a request for proposals for said services. Four firms responded and staff recommended that Gafcon be retained for market analysis services and Tall Man Group for real estate analysis services. The City Council elected to not retain these firms in January 2013 because the City did not have any pending development proposals involving City properties. The City has subsequently received proposals for the SilverRock, Highway 111 and Village properties. Staff will be initiating negotiations with developers regarding the disposition and development of these properties, and the need for real estate analysis services has again surfaced. Currently, City staff does not have the skill set required to conduct this analysis. The City historically contracted for these services. Staff is recommending retaining the Tall Man Group to provide real estate analysis services. Services would include property disposition and development activities, as well as validating the market viability of specific development proposals. ALTERNATIVES: Given recent developer interest in SilverRock Resort, the Village and Highway 111 properties, staff does not recommend an alternative action. Report prepared by: Les Johnson, Community Development Director Report approved for submission by: Frank J Spevacek, City Manager Attachment: 1. Professional Services Agreement ME ATTACHMENT # 1 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 TALL MAN GROUP ("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 Real Estate Analysis Services, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). Last revised 7-3-12 1 172 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. 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 Last revised 7-3-12 2 173 Compensation") in a total amount not to exceed Fifty Thousand Dollars ($50,000.00) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. 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. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. Last revised 7-3-12 3 174 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit C (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. Extensions to the Schedule of Performance which are determined by the Contract Officer to be justified pursuant to this Section shall not entitle the Consultant to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with Sections 8.7 or 8.8 of this Agreement, the term of this agreement shall commence on August 7, 2013, and terminate on June 30, 2014 (initial term). This agreement may be extended for two (2) additional year(s) 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. Jon McMillen, 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 during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. Last revised 7-3-12 4 iri 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 the City Manager 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 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 Last revised 7-3-12 5 MAR 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 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 Last revised 7-3-12 6 177 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 edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. Last revised 7-3-12 7 178 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. Last revised 7-3-12 8 fry 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. Last revised 7-3-12 9 iN 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 WE 6.0 INDEMNIFICATION. 6.1 General Indemnification Provision. a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit 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 others as required herein, Consultant agrees to be fully responsible according to the Last revised 7-3-12 11 BYA 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 12 183 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 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 13 184 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. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or Last revised 7-3-12 14 i& 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. 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. Last revised 7-3-12 15 iDIP, 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: To Consultant: CITY OF LA QUINTA TALL MAN GROUP Attention: Frank Spevacek, City Manager Attn: Jon McMillen, President 78-495 Calle Tampico 9548 Vista Aleta La Quinta, California 92253 Valley Center, CA 92082 10.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 10.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 10.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the Last revised 7-3-12 16 187 remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 10.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Frank J. Spevacek, City Manager Date ATTEST: Susan Maysels, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney Last revised 7-3-12 17 188 CONSULTANT: TALL MAN GROUP Name: Jon McMillen Title: President Date: Last revised 7-3-12 18 iBRI Exhibit A Scope of Services Real Estate Analysis and Economic Development— Provide fiscal analysis and projections; real estate analysis; property acquisition/disposition services; due diligence activities related to development proposals/developers; assist with developer negotiations; project proposals and pro -forma analysis/evaluation; assist with developer negotiations and agreement structuring. Please see attached "Statement of Qualifications." Last revised 7-3-12 19 190 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.2 of this Agreement, the maximum total compensation to be paid to Consultant under this Agreement for Fiscal Year 2013-2014 is fifty thousand dollars ($50,000) ("Contract Sum"). The Contract Sum shall be paid to Consultant in installment payments made on a monthly basis on a time and materials basis, identified in Consultants Schedule of Compensation attached hereto for the work tasks performed and properly invoiced by Consultant in conformance with Section 2.2 of the Agreement. Last revised 7-3-12 20 191 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 21 192 STATEMENT OF QUALIFICATIONS PROFESSIONAL REAL ESTATE ANALYSIS SERVICES City Of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Les Johnson Community Development Director City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 July 25, 2013 TALL MAN GROUP, INC. 9548 Vista Aleta Valley Center, CA 92082 760-212-2322 110%] TABLE OF CONTENTS Statement of Qualifications Cover Letter.. Company Profile ........................................ Qualifications and Experience .................. Real Estate Analysis ............................. Real Estate Acquisition and Disposition Personnel .............................................. Hourly Rates and Fees .......... Current and Previous Projects July 25, 2013 Les Johnson Community Development Director City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 STATEMENT OF QUALIFICATIONS COVER LETTER REAL ESTATE ANALYSIS AND ADVISORY SERVICES Mr. Johnson Tall Man Group, Inc. (TMG) is pleased to present the enclosed Statement of Qualifications (SOQ) to perform real estate services on an as -needed basis for the City of La Quinta (City). As indicated in this SOQ, TMG staff provides a wealth of knowledge obtained over 25 years in the development and real estate industry. Focusing on providing services to local government over the last decade, TMG has been involved in real estate analyses from the conceptual development stage, to implementation, to final disposition and operations. Project scales range from housing unit specific to city-wide planning efforts. TMG is most successful when face-to-face with complex challenges that require strategic thinking and ecological solutions. With experience in developing economy -expanding solutions, including the Village Theatre rehabilitation for the coastal City of Coronado, or expanding the supply of housing for low-income families, such as the Vista Dunes Courtyard Homes in the City of La Quinta, TMG possesses the abilities to develop real estate solutions for your community. Through the years, TMG staff has developed strong working relationships with City staff by being involved in real estate and affordable housing analyses, design and development concepts, property acquisitions, residential relocations, property dispositions and owners representation during development. We look forward to continuing our work with the City. Sincerely, TALL MAN GROUP, INC. Jon McMillen President iR-I i COMPANY PROFILE While TMG is a relatively new entity, its staff has a combined 30 years experience in development and real estate analysis and has worked with the City of La Quinta for more than 10 years. Furthermore, because TMG has existing relationships with City staff and is intimately knowledgeable about the City's existing projects, we have the benefit of being able to become instantly engaged. TMG's specialties include real estate and development analysis, affordable housing implementation strategies, owner's representation through development, residential and business relocation, project entitlement, and property acquisition, and disposition. Developing effective solutions to real estate requires innate creativity and expansive background knowledge, practical experience and ecological approaches, effective actions and a committed team. To provide the most effective solutions, TMG will dedicate a Principal to your project with assigned staff members available to you throughout the duration of the assignment. TMG's staff is committed and passionate about serving your community. General Information: TMG is a California S-Corporation. Ownership is held by your project Principal, Jon McMillen. TMG's primary office is in Valley Center, California. TMG also has staff in Orange, California. TMG finds that face-to-face interactions are essential to developing relationships with your staff and will perform much of the work for your community on -site. Corporate Office: 9548 Vista Aleta, Valley Center, CA 92082 Direct Phone: 760-212-2322 Federal Tax ID:45-5631932 `RR QUALIFICATIONS AND EXPERIENCE In order to present our breadth of real estate experience, TMG includes real estate analysis, design development and entitlement, owner's representation for development, real estate acquisition and disposition, and real estate programs in this SOQ. Descriptions of our experience are provided below. Please note that the experience and qualifications listed are that of TMG's staff. Real Estate Analysis City of La Quinta Real Estate Analyses The members of TMG have experience conducting complex real estate analyses for the City of La Quinta. TMG's staff work has included pro forma and development analysis for the City in regard to affordable housing (Watercolors, Vista Dunes, Wolff Waters, Centerpointe, Silverhawk apartments, Coral Mountains, Dune Palms/ Westward Ho, and Washington Street Apartments), hotel and resort development analysis (Silverrock Phase 1 and 2, Embassy Suites, and La Quinta Resort and Club) and Big Box conversion analysis (Sams Club/ Theater conversion), among others. TMG's analyses have included review and reconciliation of developer proposals, conceptual modeling for construction budgeting and operations. City of Coronado TMG's staff has performed development and financial analysis on several affordable housing projects (550 Orange Avenue Senior Housing, 525 Orange Avenue, 225 Orange Avenue, and 840 G Avenue). To highlight one project, 525 Orange Avenue, TMG staff assisted the City with development analysis for acquisition, rehabilitation construction budgeting, permanent relocation of residents, affordable housing financing, selection and negotiations with affordable housing operator and their tax credit investors as well as owners representation during construction and grant monitoring. 525 Orange Avenue has received multiple awards for excellence for rehabilitated affordable housing. In addition to the many housing projects TMG staff also assisted the City with development analysis for the rehabilitation of the Village Theatres. This involved construction budgeting, review of developers pro forma and assumptions, owner's representation through design and construction, and grant monitoring. The Village Theatres has been open for just over a year has become a destination attraction for movie goers in San Diego. Reference: Rachel Hurst, Community Development Director and Rhonda Huth, 619-522-2426 City of Twentynine Palms Project Phoenix Real Estate Analysis TMG staff began development and pro forma analysis and cost estimation in 2011 for the City of Twentynine Palms. The City had recently received over $11.5 million in bond proceeds which were earmarked for the development of Project Phoenix, a low income housing development, parking for adjacent small businesses, and a community center with multi -purpose room, 200-seat theater, and classrooms. TMG staff assisted in generating acquisition cost estimates, pro forma analyses for the development, and coordination of utility and sewer improvements. The project would leverage the bond proceeds to receive City funding for the utilities and community center, and tax credit equity and a permanent loan for the housing totaling over $18 million in total project costs. Reference: Michael Tree and Richard Warne, City Manager, City of Twentynine Palms, 760-367-6799 `R:ri City of Los Angeles Economic Impact Analysis TMG's staff has worked to provide the City of Los Angeles Community Redevelopment Agency with detailed analysis relating to the rehabilitation of the fabled Marlton Square retail site. For nearly twenty years after it was identified as an opportunity site, it remained vacant, covered with graffiti. In 2012, TMG staff generated pro forma analyses for the development of a new commercial retail center, hospital, and low income housing development. The pro forma analyses were utilized to estimate the economic impacts in terms of jobs generated and net increases in property, sales, and utility taxes for the City, County, and associated taxing entities. The report was utilized to explain the significant impacts that rehabilitation of the site could have on the surrounding community to the City's State and County representatives, and potential developers. In June and July of 2012, a portion of the site was acquired by Kaiser Permanente for development of a hospital and the remainder of the site was the subject of negotiations with a developer for the retail center portion. Reference: Carolyn Hull, Regional Administrator, City of Los Angeles Community Redevelopment Agency, 714-316-2136. City of Irvine Great Park Real Estate Analysis In 2012, TMG's staff was engaged with a team of consultants to provide real estate analysis services to the City of Irvine. The City of Irvine's proposed Great Park and associated commercial and housing development was under scrutiny from developers of surrounding land — the developers had proposed a realignment plan for the Great Park's wildlife corridor. The City was open to realignment but sought to determine the fiscal benefit that the realignment would have on the developer housing and commercial projects. Staff worked with the consultant team to develop estimations of the existing project value and increased project value resulting from the realignment. The City was then able to determine the benefits that the developers would receive from the proposed realignment. Reference: Jeffrey T. Melching, Rutan, 714-641-3422. City of San Carlos Real Estate Profile and Analyses TMG staff assisted with the analyses necessary to convert an existing City -owned parking lot to a parking structure to serve the downtown commercial district and nearby transit station with podium housing. Staff prepared alternative project pro forma analyses and site layouts in order to determine the most effective use of the urban site. Because a portion of the site was owned by commercial property owners and another portion was developed as affordable housing, the City needed to develop solutions to relocate the existing housing and acquire the commercial properties prior to development. The scenarios provided options for the City to ultimately decide the direction that the project would take. Reference: Mark Sawicki, 650-802-4220. Employment Based Immigration Preference #5 Program Economic Impact Analysis TMG's staff has experience working with both public and private entities. Recently, staff conducted an economic impact analysis for a private client seeking permanent citizenship in the United States via the U.S. Citizenship and Immigration Service Employment Based Immigration Preference #5 Program (EB-5). One requirement of the program is an economic impact analysis that illustrates how the immigrant's investment of $500,000 in a U.S.-based business will generate at least 10 direct jobs. The economic impact analysis utilized IMPLAN input-output modeling software to generate direct, indirect, and induced impacts of the investment, including jobs created, estimated employee wages, and the impact on the gross regional product. Reference: Scott MacLeod, Innovation Surfaces, 949-282-8045. `LT. Real Estate Acquisition and Disposition City of La Quinta Vista Dunes, Dune Palms and Westward Ho Properties, Washington Street Apartments and Testa Parcel Highlighting a project in each category, TMG staff was instrumental in the negations and structuring of the very complex tax credit financing deal for Vista Dunes Courtyard Homes. This involved last minute conversion of 9% credits to 4% as well as changing the grantee and adding another non profit to the transaction. Escrow was successfully closed on this projects and credits were awarded. Both the operator CORE and tax Credit investor Hudson Housing remarked that this transaction could not have been possible without the expertise, time and dedication that staff provided. Property assembly at Dune Palms and Westward Ho involved the acquisition and relocation of seven residences. This assembly was accomplished over several years without the use of eminent domain and with purchase prices regulated by fair market appraisal values. Residents were initially very scared and defensive. At the conclusion of the acquisitions all of the residents were successfully relocated and very appreciative of the care and understanding they were given through this process. One resident wrote a letter to the editor of the local paper commending the City and their Consultant for such a good job and great care his family was given. `M Personnel TMG commits to your project a qualified and experienced team. Principal, Jon McMillen will oversee and manage the team and their respective responsibilities. Senior Analyst, Brandon Fender will provide research, financial modeling, and prepare documents and presentations. See attached resumes: `'bit TALL MAN GROUP, INC. 9548 Vista Aleta Valley Center, CA 92082 760-212-2322 JON MCMILLEN, PRESIDENT RESUME Jon McMillen has been active in the development and real estate industry for 25 years, and his financial analysis and construction background are invaluable in any development project. Beginning as a general contractor building homes and commercial projects, Mr. McMillen now assists clients with real estate economics and implementation strategies. His role has been diverse, and has included assistance with property acquisitions, tenant relocation, pro forma analysis, and owner's representation through development. Mr. McMillen's involvement as development consultant and owner's representative was instrumental in the success of the Vista Dunes Courtyard Homes project in La Quinta, CA. Once a dilapidated mobile home park, Vista Dunes is now an award winning, LEED Platinum certified 80-unit neighborhood affordable to very low-income families. He led the effort in feasibility studies, relocation of the residents, development economics, owner's representation during construction, final disposition of the property and coordination and compliance with the current operator. Mr. McMillen also served in a similar capacity as consultant and owner's representative to the City of Coronado with the conversion, substantial rehabilitation, and affordability compliance of another award - winning project, 525 Orange Avenue, a 16-unit affordable apartment building in Coronado, CA. He was the owners representative and monitored the grant funding during he renovation of the historic Village Theatres for the City of Coronado. Other recent assignments have included pro forma analysis for the SilverRock Resort, as well as property acquisition and development solicitation for the 218-unit Dune Palms Apartment development, both in La Quinta. He has worked with the City of Twentynine Palms to identify and analyze potential development strategies that would allow the City to meet their affordable housing mandates. Mr. McMillen's natural progression from real estate economics and general contractor to development consultant and owner's representative has allowed him to aid and benefit a more diverse population, especially as an advocate for affordable and sustainable housing. He is driven by his commitment to quality and excellence, and the results are evident in all of his work. Education: BA, Environmental Design and Planning, School of Architecture, Concentration in Real Estate, State University of New York, Buffalo Professional Memberships and Certifications: Board of Directors, Deer Springs Fire Safe Council President, Gordon Hill Road Fund Licensing: State of California Contractors State License — B — General Building No. 551510 Issued December 1988 9 201 TALL MAN GROUP, INC. 9548 Vista Aleta Valley Center, CA 92082 760.703.7920 BRANDON FENDER, ANALYST RESUME Brandon Fender graduated from the Social Ecology undergraduate program at the University of California, Irvine in 2010. Mr. Fender specializes in spatial analysis with Geographic Information Systems software, regional economic impact analyses using IMPLAN modeling software, housing administration and compliance monitoring, project pro forma analyses, and municipal financing. Mr. Fender worked on a project team for the City of Los Angeles Community Redevelopment Agency's Marlton Square Project. Marlton Square is a retail development in an economically depressed area of South Los Angeles. For almost two decades, the Agency listed Marlton Square as an opportunity site, but every effort to redevelop the site fell through. In 2012, Mr. Fender analyzed the site and prepared pro forma analyses for a hypothetical development, property, sales, and use tax projections, and an economic impact analysis. The results of the economic impact analysis, projections of direct, indirect and induced employment, were utilized to persuade potential developers and State -level politicians that the project was worthy of their attention. In June and July of 2012, a portion of the site was acquired by Kaiser Permanente for development of a hospital and the remainder of the site was the subject of negotiations with a developer for the retail center portion. One of Mr. Fender's most exciting engagements has been the rehabilitation planning of the Washington Street Apartments housing complex in La Quinta, California. In an effort to provide safe and healthy housing to the seniors and disabled adults of La Quinta, the City implemented rehabilitation of the housing development, which will house nearly one hundred residents. The City, design team and consultants worked in concert to develop concepts, refine plans, and review for code compliance in order to approve project development entitlements in under four months. While the project was put on hold in 2012 with the dissolution of redevelopment agencies, Mr. Fender remains hopeful that Washington Street Apartments will be rehabilitated. Mr. Fender is committed to community development and thrives under challenging conditions. His passion lies in creating urban spaces that are equitable, economically feasible and sustainable. Education: BA, Social Ecology, University of California, Irvine Professional Memberships and Certifications: ESRI Certified Geographic Information Systems 10 010YA HOURLY RATES AND FEES Principal $ 165 Senior Associate $ 145 Associate $ 130 Senior Analyst $ 110 Analyst $ 95 Clerical $ 60 Reimbursable Expenses Cost plus 10% TMG does not charge clients for mileage, parking, telephone or fax expenses, general postage or incidental copies. TMG does charge for messenger services, overnight shipping mail costs, and teleconferencing services. We also charge for copies of reports, documents, notices, and support material in excess of five (5) copies. These costs are charged back at the actual expense plus the above mentioned surcharge. TMG will issue monthly invoices, payable within 30 days, unless otherwise agreed upon in advance. Invoices identify tasks completed to date, hours expended and the hourly rate. 11 `10k? CURRENT AND PREVIOUS PROJECTS TMG's staff has worked with the City in various roles. Previous and current projects are listed below: • Pro Forma analysis Watercolors, 2001 • Development and feasibility analysis for original property acquisition Silver Rock Resort, 2001- 2002 • Conceptual development analysis Vista Dunes and Dune Palms Mobile Home Parks, 2003-2004 • Relocation, development analysis, and final disposition of Vista Dunes, 2003-2007 • Property acquisition and residential relocations Dune Palms/ Westward Ho site assembly 2006- 2009 • Washington Street Apartments and Testa property acquisition and development analysis 2006 • Wolff Waters development analysis, 2005-2006 • Property acquisition and analysis Village Properties, 2006 • Silver Rock property analysis, 2008 • Coral Mountain development and pro forma analysis, 2008-2010 • Silverhawk apartments conversion and acquisition analysis, 2009 • Village Housing conceptual design development and property analysis, 2009 • La Quinta Resort pro forma and redevelopment analysis, 2009-2010 • Foreclosed Home Purchase and Rehabilitation Program, 2009 • Centerpointe development analysis, 2009 • Cove home acquisition prior to foreclosure, 2010 • Redevelopment legislation analyses and advocacy publication, 2011 • Dune Palms Mobile Home Park conceptual design development and property analysis, 2010-11 • Sam's Club and Theater pro forma analysis, 2011 • Washington Street Apartments Rehabilitation, Current 12 `0111 `IPO Titf 4 4 a" CITY / SA / HA / FA MEETING DATE: August 6, 2013 ITEM TITLE: GRANT OF EASEMENT AND AGREEMENT FOR DRAINAGE PURPOSES ON FRED WARING DRIVE FROM THE LA QUINTA PALMS HOMEOWNERS ASSOCIATION RECOMMENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 18 STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to execute, and the City Clerk to record the Grant of Easement and Agreement for drainage purposes on Fred Waring Drive from the La Quinta Palms Homeowners Association. EXECUTIVE SUMMARY: • As part of the road widening of Fred Waring Drive, the County of Riverside requires a drainage easement from the La Quinta Palms Homeowners Association (HOA) in order to accommodate a drainage structure that will be part of the entrance improvements to this development. • This easement allows for the drainage and maintenance of drainage facilities serving Fred Waring Drive in this area. Since this structure is necessary in order to maintain access to the La Quinta Palms development, staff recommends acceptance of the drainage easement. FISCAL IMPACT: The cost for Fred Waring Drive widening improvements including the improvements that will be constructed in this easement will be borne entirely by the County of Riverside and Coachella Valley Association of Governments (CVAG). Once the improvements are constructed and accepted, however, the City will be responsible for the maintenance of the resulting under sidewalk drain at an estimated cost of $1,800 per year. This cost will be included within the future operating budget of the City's Maintenance Division. `zlz: BACKGROUND/ANALYSIS: The drainage easement is located on the south side of Fred Waring Drive, west of Dune Palms Road (Attachment 1). The County of Riverside is widening Fred Waring Drive to six lanes from Adams Street east to Port Maria Drive as part of the regionally identified Measure "A" improvements. Due to the need to elevate the entrance to the La Quinta Palms development, a 932 foot long drainage structure, running parallel to the street and underneath the sidewalk, is necessary to maintain drainage along Fred Waring Drive. In order to construct this drainage structure, the County's project requires a drainage easement from the La Quinta Palms HOA for the entire length of the entrance to this development (Attachment 2). ALTERNATIVES: Since this easement is necessary in order to maintain access to the La Quinta Palms development, staff does not recommend any alternatives to the recommended action. Report prepared by: Edward J. Wimmer, P.E., Principal Engineer Report approved for submission by: Timothy R. Jonasson, P.E. Public Works Director/City Engineer Attachments: 1. Vicinity Map 2. Grant of Easement and Agreement %INfl `zoo ATTACHMENT 2 RECORDING REQUESTED 13Y AND RETURN TO; City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk (Space Above For Recorder's Use) v Exempt recording tee pursuant to Govt. Code § 6103. GRAN'I` OF EASEMENT AND AGREEMENT THIS GRANT OF EASEMENT AND AGREEMENT (hereinafter referred to as the greement is made this day of 2 0 1 3, by LA QUINTA PALMS HOMEOWNER'S ASSOCIATJON, a California Nonprofit Corporation (hereinafter referred to as the "Grantor"). RLCITALS A. Grantor is the legal owner of a fee interest in certain real property located in the County of Riverside, State of California, commonly lutiown as South Side of Fred Waring Drive, West of Dune Palms Drive, La Quinta, California, which property is identified by Riverside County Assessor Parcel Number 604-100-069 and more particularly described in Exhibit C attached hereto and incorporated herein by reference (hereinafter referred to as the "Property"). B. Grantor desires to grant to the City of La Quinta, a California municipal corporation and charter city (hereinafter referred to as to the "City"), a perpetual and irrevocable easement in, on, under and across a portion of the Property described in Exhibit A and depicted in Exhibit B (both incorporated herein by this reference) for right-of-way for City drainage purposes. AGREEMENT NOW, THEREFOP.E, Grantor and City agree as follows; i . GRANT; DESCRIPTION OF EASEMENT AREA. Grantor grants the City an easement for the purposes listed below on that portion of (lie Property described on Exhibit A and depicted in Exhibit B (the "Easement Area"). 2. PURPOSE. The easement is for a perpetual and irrevocable easement in, oil, under and across the Easement Area for right-of-way for City drainage purposes. 3. D1,,C1..,ARATION OF RESTRICTIONS. Grantor sliall retain all normal rights aim iiic:ideiils ol` mviicrship of (lie uncicrlyilig ice iu(erest ill the t'ropertnot iireorisistetit with this Agreement. Grantor shall not be bound to undertake any supervision or maintenance of the Easement Area to provide for the public purposes }tercunder. City must relocate any utilities `AP or other encumbrances located within the Easement Area at its sole cost and expense if necessary for the City for use of the Easement Area. Grantor shall be responsible for any hazardous materials or contaminants located in the Easement Area caused by Grantor prior to the date of this Agreement. 4. DURATION• SUCCESSORS AND ASSIGNS• RUNS WITH THE LAND. This Agreement shall be binding upon the owner and the heirs, assigns or successors in interest to the Property described above in perpetuity and shall not expire. This Agreement and terms, conditions and restrictions shall run with the land and be binding on the heirs, assigns and successors of the Grantor in the manner provided for herein. 5. TAXES AND ASSESSMENTS. This Agreement, casement and restrictions shall be deemed to constitute a servitude upon and burden to the Property within the meaning of Section 3712(d) of the California Revenue and Taxation Code, or successor statute, which survives a sale of tax -deeded property. 6. COUNTERPARTS. This Agreement may be executed in one or more counterparts, which, taken together, shall constitute one complete and enforceable agreement, [Signatures Contained On Following Page] `A`i Executed this day of V NL , 243, at+rat-Qrtim4a, California. "Grantor" La Quinta Homeowner's Association, a California non-profit corporation By: Its: B J� Y� Its: By: Its; By: Its: By: Its: Wz ml t q-T< "City" CITY OF LA QUINTA, a California municipal corporation and charter city By: Frank J. Spevacek City Manager Attest; Susan Maysels, Interim City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP M. Katherine Jenson City Attorney Nv CALIFORNIA ALL-PURPO-SE - ACKNOWLEDGMENT State of California County of Contra Costa on a4IA41,falbefore Hie, _Aileen M._AmePublic --r ate Hare fnsert Name an Title or IM Officer 1 personally appeared .�r f 11 �h e ,-S Name(s) of Slgner(s) who proved to me on the basis of satisfactory evidence to be the person(.&) whose name(g) is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his+etAheir authorized capacity(ies), and that by his/hefOeir signature(.&) on the instrument the person(s), or the entity upon behalf of which theEerson(s) acted, executed the instrument. mLAILFrEtt h1. AhdCS I certify under PENALTY OF PERJURY under the laws Cf�m # 1885440 Y rtotAerFusuc•ceurognw r„ of the State of California that the foregoing paragraph is C041RA C IA COUNTY My MT CO" EzR. A>'sa. 10..++`�+k true and correct. WITNESS my hand and official seal. Signatures Puce No!ary Seal Ahave _A Signature or Ffofary Puir':c OPTIONAL Though the information below is not required by Ids, it may prove valuable to parsons relying on file document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capncity(les) Claimed by Signer(s) Signer's Name: C Individual C Corporate Officer — Tit#e(s): C Partner — ! Limited J General Attorney in Fact J fustee J Guardian or Conservator Other: ii( m,,[ Is H(hprrt;("fIN I'll RIGHTTHUMBPRINT OF SIGNER t r of Pages: Signer's Name: ❑ Individual •.=1 Corporate officer — Title(s): . IJ Partner ❑ Limited ❑ General -I Attorney in Fact —1 Trustee .I Guardian or Conservator Other: aigiiui Is RopiCsentinq: z-5.�t.-'c=.�LC`�'fti(��ti_`'�•�'�<:��C=i,'e'�,�t={,t%4�'-4'<'�iC4?h•`uic%c9g=4`�%4'�Y-:'�%C:L(;'Z4Y;4�:::�C"'�:i=i�4�C%'�U 02r,Q7 td36onal fdo?nry Associat:arl• 9350 pa Sn4i Ax_ RO, V.Gox 24C2 •CiialS•so: Gr, CA 91313-2402Item p5907 Aecrder Call To -Free 1-800-B7F-r527 f•AIB? Executed this �day of JU - , 20/?, at Lei, California. "Grantor" "City') La Quinta Homeowner's Association, CITY OF LA QUIN"I'A, a California municipal a California non-profit corporation corporation and charter city By: By, Its: Frank J. Spevacck City Manager By: Its, r.6, _ ,,o t,7 By: Its: By: Its: By: Its: Attest: Susan Maysels, Interim City Clerk APPROVED AS TO FORM RUPAN & 'PUCKER, LLP M. Kaffrcrine Jenson City Attorney 214 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California / County of-�__ �� r On before me, y)`elc-0 U 1674 Date Here lrise(l Name and Llle of t personally appeared CJ �� (f 1A (J a ` 3 M. CAMEfi Commission yr' 1905219 Notary Public • California z x Los Angeles County -WIT.a yr �L who proved to me on the basis of satisfactory evidence to be the persons) -whose name(a} is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(4es), and that by his/her/their signature(a)-on the instrument the person(-,- 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 off' )'�l seal, G Signature'��—1 Gam?-e-'I C-- Place Notary Seal Above Signature of Notary P<,blic ••—�— OPTIONAL Though the information below is not required by law, it may prove valuable t persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Doc tnent Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Individual Corporate Officer — Title(s): Partner Limit d - G I Number of Pages: Signer's Name: Individual Corporate Officer — Title(s): o _ enera Partner Limited = : General Attorney in Fact Attorney in Fact Trustee Too of lhumo core Top of U,Ln:b here Trustee Guardian or Conservator - Guardian or Conservator Other: _ Other: `signer Is Ropresenting: Cic;Ilex 15 Rople'suntil Ig: O2007National Notary Association -9350DoSo:oAVe..P.0,Box 2402•Chals,,north,CA91313-24p2•w.viiNat�onalNolary.org Itema5907 R(3orde•CallTdl-Free1-8Q0-876-6827 l Executed this /� clay of , 20/5, at La Quinta, California. "Grantor" La Quinta Homeowner's Association, a California non-profit corporation By: Its: By: Its: By: Its: By: Its: "City') CITY OF LA QUiNTA, a California municipal corporation and charter city By: Frank J. Spevacek City Manager Attest: Susan Maysels, Interim City Clerk APPROVED AS TO FORM RUTAN &`PUCKER, LLP M. Katherine Jenson City Attorney NIP, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of K. ��er S d t-, � ``1� �� r On un� Zi, Z0I3_ before me,onnt�°� Dale Here Insert Name and Tide f the Orficer personally appeared BONNIE R. GEDNEY Commission ;# 1975849 Notary Public - California z Riverside County n My Comm. Expires Apr 21, 2016 Nanie(s) of CIVIL CODE § iia9 who proved to me on the basis of satisfactory evidence to be the person(s4 whose name4) ls/ re subscribed to the within instrument and acknowledged me that e] he/they executed the same in r er/their au horized capacity(iP.4 and that by Is her/their signature(s} on the instrument the person4s), or the entity upon behalf of which the person(a) acted, executed the instrument, certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS d and official seal. Signat re: c LS/ Place Nota;y Seal Above al - re of Notary Pub, OPTIONAL Though the information below is not required by laiv, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document �r�� t°e Title or Type of Documeenit: � an� �Vylei'74— C� i1G� /. I� � Pl t— Document Date: 1.1AY1 Z �i 201_ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: f J Corporate Officer — Title(s): _ 7 Individual ❑ Partner — i- Limited I General Top of tnonlj Here 1 Attorney in Fact I Trustee 1 Guardian or Conservator 17 Other: �;ic)11er Is I icl�rracntinrt: I Signer's Name: - I I Corporate Officer — Title(s): Individual ❑ Partner ❑ Limited _I General �or� or uwmb here Ll Attorney in Fact LJ Trustee Guardian or Conservator 1 Other: :�icinir Is fiel�rc;sel-Ming rt- 2010 National Notary Associalion • NationalNolary-org - 1-800-US NOi'ARY (1-000.076-6827) Ilem #5907 Executed this c>Cin day of C , 20 t3, at La. Quinta, California. "Grantor" "City" La Quinta Homeowner's Association, CITY OF LA QUINTA, a California immicipal a California non-profit corporation corporation and charter city By: By: Its: Frank J. Spevacek City Manager Its:<=`, E Y: 5 A B Its: 1'F ft -. ' ar-nk►:i "r u t >:t:'.x -'f: r'i.5I 4�:. :2ys51�/i�i�"Nsr.•�r:r.S�r-,°. . By: Its: By: Its: Attest: Susan Maysels, Interim City Clerk APPROVED AS TO FORM RUTAN & 'PUCKER, LLP M. Katherine Jenson City Attorney PAP P- STATE OF CALIFORNIA ss. COUNTY OF 1 V C c On ,1u ns tc 20 I - D� 3 , before me, _ A - Pal , a notary public, personally appeared , personally known to me (or- proved to me on the basis of satisfactory evidence) to be the persorg*) whose namc; r&' /are subscribed to the within instrument and acknowledged to me that heKIMYthey executed the same in his/ er heir authorized capacity(iP--),, and that by hisdDYtheir signature(, on the instrument, the person(,10, or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seat. a 000 A Signature A. PALLES 'HI .- COMM. #2024226 NOTARY PUBLIC • CALIFORNIA9 RIVERSIDE COUNTY CormtiEaari MAY 1 t 2017 STATE OF CALIFORNIA ) ss, COUNTY OF On ,a notary public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nanic(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed lire same in iris/her/their authorized capacity(ies), and that by his/Tier/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal, , before Signature EXHIBIT "A" FRED WARING DRIVE LEGAL. DESCRIPTION DRAINAGE EASEMENT 0689-042A AN CASEMENT FOR DRAINAGE PURPOSES LYING WITHIN LOT 164OF AMENDED TRACT MAP 19903 ON FILE IN 13001C 183, PAGES 83 THROUGH 88, INCLUSIVE, OF MAPS, RECORDS OFTHE RECORDER OF RIVERSIDE COUNTY, CALIFORNIA, WITHIN THE NORTHEAST ONE -QUARTER OF THE NORTHWEST ONE -QUARTER OF SECTION 20, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTH ONE -QUARTER CORNER OF SAID SECTION 20, SHOWN BY SAID MAP AS BEING THE INTERSECTION OF THE CENTERLINE OF DUNE PALMS ROAD (44.00 FOOT WESTERLY HALF -WIDTH) AND THE CENTERLINE OF FRED WARING DRIVE (60.00 FOOT SOUTHERLY HALF -WIDTH); THENCE S 89033'32" W ALONG THE NORTH LINE OF SAID SECTION 20, A DISTANCE OF 217.14 FEET; THENCE LEAVING SAID NORTH LINE AT RIGHT ANGLES, S 00026-28" E, A DISTANCE OF 60.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID FRED WARING DRIVE, BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING S 00°26'28" E, A DISTANCE OF 6.00 FEET TO A LINE PARALLEL WITH AND DISTANT 65.00 FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, SAID NORTH LINE; THENCE S 89933'32" W ALONG SAID PARALLEL LINE, A DISTANCE OF 622.00 FEET; THENCE LEAVING SAID PARALLEL LINE AT RIGHT ANGLES, S 00-26-28" E. A DISTANCE OF 6,00 FEET TO A LINE PARALLEL WITH AND DISTANT 71.00 FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, SAID NORTH LINE; THENCE S 89°33'32" W ALONG SAID PARALLEL LINE, A DISTANCE OF 148.00 FEET; THENCE LEAVING SAID PARALLEL LINE AT RIGHT ANGLES, S 00026'28" E, A DISTANCE OF 4,00 FEET TO A LINE PARALLEL WITH AND DISTANT 75,00 FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, SAID NORTH LINE; THENCE S 89033'32" W ALONG SAID PARALLEL LINE, A DISTANCE OF 69.00 FEET; THENCE LEAVING SAID PARALLEL LINE AT RIGHT ANGLES, N 00026'28" W, A DISTANCE OF 13.00 FEET TO A LINE PARALLEL WITH AND DISTANT 62.00 FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, SAID NORTH LINE; THENCE S 8903332" W ALONG SAID PARALLEL, A DISTANCE OF 115.00 FEET; THENCE LEAVING SAID PARALLEL LINEAT RIGHTANGLES, N 00026'28" W, A DISTANCE OF 2.00 FEET TO SAID SOUTHERLY RIGHT-OF-WAY LINE; THENCE N 89033'32" E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 954.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING: 6,003 SQUARE-: FEET, OR 0.138 ACRES, MORE OIL LESS. PAGE 1 OF 2 EXHIBIT "A!' FRED WARING DRIVE LEGAL. DESCRIPTION (CONTINUED) DRAINAGE EASEMENT 0689-042A THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6. MULTIPLY DISTANCES SHOWN BY 1.000020419 TO OBTAIN GROUND DISTANCE. REFERENCE. IS HEREBY MADE TO RIVERSIDE COUNTY MAP BOOK NUMBER 957-M, ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF RIVERSIDE COUNTY, CALIFORNIA. SEE ATTACHED EXHIBIT "B" APPROVED BY: DATE: '5"Ir/ Ho, 8455 Exp. 12-31-14 PAGE 2OF2 `10% E-' Eo W x , rn V) ♦-ti L /— --- A11MC PAI WZ MAI) U P oI J dl �:II660 z a�I I I � H O ac�v w" 00 to ro4 �iQ p0 P. I co I co I co I W I � I 1 I /I y ALL DISTANCES SHOWN ARE 681D DISTANCES. GROUND DISTANCES MAY BE OBTAINED BY MULTIPLYING THE GRID DISTANCE BY A COMBINATION FACTOR OF 1.000020419 COUNTY OF RIVERSIDE TRANSPORTATION DEPARTMENT, PCL No,: 0689-042A . SURVEY DIVISION WO No.: B5-0689 PROJECT: l' l'11_} 1111 ARTNG PRiVr SCALE: NTS THIS PLAT IS AN AID lit LOCATING TII£ PAIICEL(S) DESCRIGEO III THE PRF.C£OP Exp. Q-31-14 PREPARED BY: JCM DOCUMENT. ALL PRIMARY CALLS ARE LOCATED III THE TOTTEN DESCRIPTION. DATE: MARCH, 2013 & C APPROVED BY: J/�� ' DATE. & Zap �F C A� l� SHEEP 1 0�' f 3 NTS LOT 118 CITY/COUNTY BOUNDARY AND SECTIO LINE SECTION 17 SECTION 20 GRANT DEED INST. No. 6773 REC. 01 /23/1968 N 89033'32" E 954.00 EXHIBIT "BII DRAINAGE EASEMENT T.5S., R.7E., S.B.M. SECTION 17 LOT 119 013 q 5 LOT 120 1 LOT 121 N 1/4 COR COUNTY OF RIVERSIDE 5` P'0'C' SEC. 2 S 89033'32" 1Y 21 7.14' 1 FRED IVARING DR CITY OF LA QUINTA y E S 00026'2 a" E 60.00' N T.P.0.B. , I a -S 89033'32" V1 622.00' ---� i CEL042 6,003 SOST. 0.138 AC. S 00°26'28" E 5.00' LOT 154 MB 183/83--88 Af N 604-100-069 T.5S., R,7E., S.B.M. SECTION 20 ALL DISTANCES SHOWN ARE GRID DISTANCES, GROUND DISTANCES MAY BE OBTAINED BY MULTIPLYING THE GRID DISTANCE BY A COMBINATION FACTOR OF 1.00002009 PCL No.: 0689-042A COUNTY OF RIVERSIDE TRANSPORTATION DEPARTMENT, SURVEY DIVISION wo No.: B5-oaa9 PROJICT: DRIVE FEED )YARMG SCALI_: NTS1111S PLAT -- PREPARED BY: dC14I - DOCMUIT. ALL1PRIIVARY1CALLSTARE LOCH EO E4(TIIEEWAITTEl 0ESCRIPTIaIcDINb DATE: FEBRUARY, 2013 APPROVED BY. a� DATE: SHEET 2 OF 3 w z a a_ z w Q z u U w V) U 44` 44' No. 8ha I:x�. i7.�31••14 223 EXHIBIT "B" CITY/COUNATY BOUNDARY Zn n SECTION LINE COUNTY OF RIVERSIDE _T- CITY OF LA OUINTA ^ CL FRED WARING DRIVE v i 21 Ln N f--N 89033'32" E. - [ -L====L { 54.00' SECTION 17 SECTION 20 GRANT DEED INST. No. 6773 5 -INST. 01 /23/19658 S 89033'32" P! 115.00' 15' ��---0 g S 89°33'32" W 14B-00' N 00026'26" W 13.00'q 2 S 00026128" E 6.00' 5 t39°33'32".APN 604-100-069 69& LINE DATA 6,003 SQX T. S 89033'32" W - 622.00' 0.138 AC. S 00026'28" E- 4.00' T.5S., R.7E., S.B.M. M B 1 8 3 /8 3- 8 8 N 00026'28" W - 2.00' SECTION 20 LOT 154 ALL DISTANCES SHOWN ARE GRID DISTANCES. GROUND DISTANCES MAY RE OBTAINED k-A ND BY MULTIPLYING THE GRID DISTANCE BY A COMBINATION FACTOR OF 1.000020419 c�F,� F. PCL No.: 0689-042A COUNTY OF RIVERSIDE TRANSPORTATION DEPARTMENT, c, �.� �� s- SURVEY DIVISION 1't0 No.: 115-0689 PROJECT. FT?El) �', A,RTPI[; IaRlVr , SCALE. NT a - -- Ln NO. u45.i DLCUVE ITT ALLAPRIUARYICALLLSTME LOCATED IIII TIIEFiRT1TER DESCRIPTI0t1ERII1C t:xn. 12 31 1 1 PREPARED BY: 3CZ4I DATE: FEBRUARY, 2013 � F APPROVED BY: � DATE: 2/6/�p/� OF C pL�� SHEET 3 OF 3 --,`� z - / 224 EXHIBITC The estate or interest in the land Hereinafter described or referred to covered by ibis report is: A fee, as to parcel(s) 1; an. easement, as to parcel(s) 2. Title to said estate or interest at the date hereof is vested in: La Quinta Palms Homeowner's Association, a California Nonprofit Corporation The land referred to in this report is situated in the County of Riverside, State of California, and is described as follows: Parcel No. 1: Lots 147 through 154, and Lettered Lot B of Amended'iract 19903 in the City of La Quinta, County of Riverside, State of California, as shown oil Map recorded in Book 183 Page(s) 83 to 88, inclusive, of Maps records of Riverside County, California. Except 1116th of all coal, oil, gas and other mineral deposits in said land as reserved in Patent from State of California, recorded May 5, 1930, in Book 9, Page 446 of Patents, records of Riverside County, California. Excepting and reserving therefrom the exclusive rights to, and ownership of, all geotherinal resources, minerals, ores, precious and useful inetals, substances and hydrocarbons of every kind and character, including petroleum, oil, gas, asiiphalmin and tar, that may now or hereafter be. found, located, contained, developed or taken on, in, raider or from said Parcel or any part thereof, without, however, any right of surface entry or any right of entry to the subsurface thereof to a depth of five hundred (500) feet beneath the surface of said real property, for the development, removal or other exploitation of said resources and substances. Parcel No. 2: Nonexclusive easements for ingress, egress, access, maintenance, repair, drainage, encroachment, support, or other purposes, all as is described in the Declaration, defined below. Assessor's Parcel Number(s): 604-100-069-6, 604-110-090-6 ----- -- 225 EXHIBIT D (Certificate of Acceptance) `�z: CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by a Giant of Easement and Agreement dated , 2013, front LA Q U I N T A P A I, M S HOMEOWNER'S ASSOCIATION a California Nonprofit Corporation, to the CITY OF LA QUINTA, a California municipal corporation and charter city organized and existing under the California Constitution ("City"), is hereby accepted by the City by the signature of the undersigned agent on behalf of the City pursuant to the authority conferred upon him or her by Resolution No. _ _ _ _ _ , adopted by the City Council on _ _ _ _ _ _, and that the City, as Grantee, by and through its said duly authorized agent, hereby consents to recordation thereof. CITY OF LA QUINTA, a California municipal corporation and charter city By: Frank J. Spevacek, City Manager Dated: ,2013 City of La Quinta I HEREBY ATTEST to the authenticity of the foregoing signature and to the adoption of said Resolution of his general authority to so act and certify that said authority as not been revolted by a subsequent Resolution or order of the City. DATED: Susan Maysels, City Clerk City of La Quinta, California 227 � o� V sy 5. c�tit OF CITY / SA / HA / FA MEETING DATE: August 6, 2013 ITEM TITLE: TECHNOLOGY IMPROVEMENT UPDATE RECOMMENDED ACTION: No action required. This is an informational item. EXECUTIVE SUMMARY: • In 2012, the City faced a $2.2 million deficit revenues associated with City services led organization including workforce reductions staff, resulting in a substantial reduction in assessment also exposed the need to enga business. AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: 1 PUBLIC HEARING: An analysis of the costs and to the restructuring of the and reassignment of certain expenses. This organizational ge in new ways of conducting • Committed to moving the City forward, the City's Executive Team engaged in active conversations to create a resourceful and future oriented organization. The team identified a series of new initiatives to retrain staff, streamline operations with updated technology, and improve operational efficiencies. • On January 2, 2013, the Executive Team's proposed initiatives were presented to City Council. Several initiatives are now in place, many are being implemented, and the City is moving forward on a path of continuous improvement. • This report summarizes the status of technology progresses, improvements in business operations, and advancements in training and human resources systems. A scorecard of initiatives is included as Attachment 1 . 228 FISCAL IMPACT: City Council appropriated $850,000 for technology investments in the Fiscal Year 2013-2014 Budget. BACKGROUND/ANALYSIS: Delivering on Promises Technology In December 2012, an assessment of the City's information technology systems was conducted to identify technology capacity and existing risk. The two most important findings were the need to modernize finance and human resources software, and the permit tracking system. On July 16, 2013, the City Council approved an agreement to acquire a new finance and human resource system, which is now being implemented. This system eliminates redundant data entry practices and replaces the current outdated system. Procurement of a new permit tracking system is underway and the agreement will be presented to the City Council on September 17, 2013. The permit tracking system replaces the current manual process. The organization's focus on technology has encouraged examination of other technology initiatives to enhance business operations. Specifically: • City Clerk's Office implemented a new paperless agenda management process, which has reduced processing times for the agenda packet preparation; • Community Services Department is placing a strong focus on digital Marketing, using cost effective elements like social media, enhanced web site presence, and online advertising; • Public Works introduced GORequest/GOEnforce earlier this year to provide residents a quick and simple way to submit requests for services to the City, via a mobile application and website ("app"); • The City's website will be redesigned and revamped with the latest technology to enhance transparency and will be organized by functions and services being sought by the public versus by department; • Upgrade of servers and segmentation of the network, which paves the way for the introduction of Wi-Fi throughout City Hall; and • Information Technology Governance has been put in place to ensure effective and efficient use of Information Technology. `N Staff Development The City's Executive Team is committed to providing innovative ways to train staff in continuous improvement strategies. When a department determines that City operation or function can be improved, a "Process Action Team" (PAT) is created. The team includes front line staff that is involved with that activity on a day-to-day basis. This inclusion of front line employees with management leads to better solutions and a more empowered workforce. For example, a technology training PAT has been formed with line staff to teach their colleagues all levels of Microsoft products (the most frequently used software tools used in the City). The additional benefit of this approach is to prepare staff for using the new software systems (Finance/HR and Permitting). The Executive Team is proposing other significant projects that will remove workplace silos, wherein people work in a vacuum, and build teamwork. Those projects include: • A Classification and Compensation Study to develop a new structure that supports an agile and high performing organization focused on innovative customer service and internal operational efficiencies. • 360 degree evaluation method that incorporates feedback from co-workers, which fosters an organizational climate for continuous growth. • Revising the annual review process so that it is better aligned with employee performance and requires identification of going forward, measurable goals and initiatives for each employee. A Dynamic Process A result of the new organizational structure is that the organization must do more with less. However, a key distinction for the City is that a dynamic business process approach is in place to drive its operations into the 21 st century. This approach allows the City's business operation to respond to ever -changing conditions, adapt in a real time manner, and focus resources on key initiatives. As a smaller organization with less people, there is a demonstrated need to bring on specialized contract resources on a regular basis to assist in business operations. Partnerships will be integral in the future delivery of City services. City ordinances and resolutions will be evaluated in order to efficiently deliver services in today's environment versus in the year the ordinance or resolution was created. The following are a few examples of how the process evolves and the City adapts to new information: • The creation of a one stop shop: Originally focused on development services, now the concept of a one stop shop has been expanded to include all City services so that the public only needs to go to one counter to conduct all their City business. PAIN • The City Council and community voiced concern regarding the increasing cost of police services and the need for an additional Community Service Officer: In adapting and responding, City staff will initiate in the fall a review of police services and an action is being presented to the City Council to hire an additional Community Service Officer. • The revamping of the City website was originally set to begin in 2014: As staff and the public expressed the need to modernize the site and enhance access to information, it will be completed by the end of this year. Timeline of Key Deliverables On the horizon, several initiatives will be implemented. These new tools and training programs will allow the City to receive an immediate return on investment in the form of delivering City services faster, saving time and translating it to higher valued tasks, and a better business experience for the public: • City Hall Wi-Fi: November 2013 • New City Website: "Live" by December 2013 • New Tourism Website: "Live" by January 2014 • New Finance and Human Resources System: Phase 1 "Live" January 2014 and Phase 2 "Live" March 2014 • Classification and Compensation Completed Study: February 2014 (pending City Council approval) • New Permit Tracking System: "Live" February/March 2014 (pending City Council approval). Report prepared by: Chris Escobedo, Assistant to City Manager Report approved for submission by: Frank J. Spevacek, City Manager Attachment: 1 . Scorecard of initiatives AEI 1#11V OT La wuinta initiative zocorecara Scorecard Perspective Initiative Action Status as of 8/1/2013 Establish Business Unit People Hired Completed Establish & invest in Microsoft Office Suite Training In Progress employee training modules Launched Explore new Agreement for City Council Classification/Salary consideration on 8/6/13 In Progress Schedules Setting the time and place for a City Council workshop City Council workshop on 9/17 In Progress agenda Community Survey Scheduled for Spring 2014 In Progress 360 Degree Evaluation Initiated and being rolled out to In Progress Executive Team N ew fi nancial reporting & New budget format implemented Completed budget document New agenda management Paperless process implemented Completed process Developer survey & Interviews and survey Completed interviews conducted Adjust street sweeping Partnered through regional Completed activities program Implement new marketing Agreement approved by City In Progress initiatives Council on 7/16/13 One Stop Shop Software procurement in In Progress process Digitize all permanent City Project initiated In Progress records Preventative maintenance In process of identifying In Progress plan for City facilities software solution Police services review Set to kick off Fall 2013 In Progress Animal Control service Coordinating with City enhancement departments to educate and In Progress inform the public on events Establish a pro -active Developing comprehensive community outreach program including a survey of In Progress program that promotes the community transparency Enhance Code Compliance Modified City policy to be Services responsive to resident concerns In Progress & interests Design new performance Planned for 2014 In Progress evaluation system IT Risk Assessment and Conducted December 2012 and Completed Needs implementation underway Laserfiche (City's record Upgrade installed June 2013 Completed keeping software) upgrade Implement Application in use by City and Completed GORequest/GoEnforce public City I.T. network Software procured Completed segmentation Purchase & Implement Agreement approved by City In Progress newfinance/HR software Council (7/16/13) Purchase & Implement Agreement for City Council In Progress new permit tracking system consideration on 9/17/13 New City Website Project kicked off; scheduled for In Progress 8/5/13 Server Upgrades Quotes received and upgrade In Progress installation scheduled for 8/12/13 New tourism website Project kicked off 7/18/13 In Progress Upgrade City workstations Schedule put in place In Progress & procure mobile devices SilverRock Development Negotiating with development In Progress entity 111 project Negotiating with development entity In Progress Village Properties Negotiating with development entity In Progress Establish the community as a health & wellness mecca Enhancing programs and I working with Humana In Progress ATTACHMENT 233 � o� V sy 5. c�tit OF CITY / SA / HA / FA MEETING DATE: August 6, 2013 AGENDA CATEGORY: ITEM TITLE: PROFESSIONAL SERVICES AGREEMENT BUSINESS SESSION: 1 WITH FOX LAWSON & ASSOCIATES TO CONDUCT A CLASSIFICATION AND COMPENSATION STUDY CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Approve a Professional Services Agreement with Fox Lawson & Associates to conduct a comprehensive classification and compensation study. EXECUTIVE SUMMARY: • Declining resources and increased requests for service require the City to look for efficiencies and effectiveness. • The City's internal classification and compensation structure needs to be sufficiently flexible to accommodate on -going and continuous change. • Fox Lawson & Associates ("FLA") is a leader in the field of public sector classification and compensation studies, and has extensive experience with implementation of a job and pay banding model the City Manager seeks to implement. • Staff believes that FLA can create an innovative and flexible classification and compensation model in a timely manner and recommends approval of the Professional Services Agreement (Attachment 1 .) FISCAL IMPACT: The proposed cost is $47,000; funds were approved in the Contract Services account of the City Manager's budget. 234 BACKGROUND/ANALYSIS: The City is pushing change at a rapid pace and on many fronts. Change in the public sector has become the new normal, not the exception, due to drastically reduced resources. Traditional salary surveys performed in the past have not looked at the strategic use of classification systems to ensure they encourage innovation and high performance, which is the hallmark of a high functioning workforce. Shifting from narrowly defined jobs to broader job bands and more market -focused pay ranges encourages cross training and opportunities for professional growth and advancement. This will create much -needed flexibility. Attachment 2 is an article that originated from a 2011 ICMA conference session ("What is New and Cutting Edge in Employee Pay?") that identifies these strategies. FLA is a nationally recognized human resources consulting firm with unparalleled experience conducting human resources, compensation and classification studies for the public sector. The following factors play a key role in staff's recommendation: • FLA has more than 30 municipal and another 20 public agency clients in California, and over 500 public sector clients nationwide, • FLA has 30 years of experience providing this type of service; classification and compensation studies are 70 percent of their business; • Bruce Lawson, Managing Director, has been identified as the Project Director for the services proposed, and is the former City Manager for the Cities of Los Altos Hills and Belvedere, California, giving him a unique perspective on successful public sector classification and compensation strategies; • FLA offers a comprehensive scope of work with clearly defined phases and specific tasks and deliverables. The proposal has a strong emphasis on communication, and staff involvement, and begins with a kick-off strategy session involving key stakeholders to define and clarify classification, internal equity and compensation strategies for the City; • The City of Rancho Mirage chose FLA to conduct the same type of study to enable significant organizational change; • Finally, FLA comes highly recommended from our internal consultants, who have hands-on experience working with them at another California public agency. The City of Rancho Mirage chose to separate the classification and compensation studies into two phases and fund it across two fiscal years for budgetary purposes. `AR Staff has chosen to address both the classification and compensation elements within one project that will be completed prior to negotiation of a new Memorandum of Understanding with the La Quinta City Employees' Association in the spring of 2014. The La Quinta Municipal Code provides in Section 3.32.050, Subsection C: "The city council may authorize award and execution of service contracts with no competitive proposals where experience with the proposed service provided has demonstrated competence and satisfactory performance or in the renewal or renegotiation of existing contracts for continuing services." Staff is recommending a contract be awarded to FLA based on their ability to meet the City's aggressive timeline and schedule, provide a distinct and unique solution tailored to the City's needs, and create an innovative and flexible classification and compensation model to assist the City in its quest to be the City of the 21 st century. ALTERNATIVES: As there are no local human resource consulting firms with an equivalent breadth of experience in providing this type of service to public sector clients, staff does not offer any other alternatives. Report prepared by: Terry Deeringer, Human Resources/General Services Manager Report approved for submission by: Frank Spevacek, City Manager Attachments: 1. PSA 2. ICMA article PAIR 237 ATTACHMENT 1 1=191 9*1M M 0 F-11 1&14 a VTJ 154-4--y-PICUR:4 L75 14 L, I i 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 FOX LAWSON & ASSOCIATES, a Division of Gallagher Benefit Services, Inc. ("Consultant"). The parties hereto agree as follows: i KIM C-11 a ; i LVJ L"t K41• 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to conducting a comprehensive Classification and Compensation Study, 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). 238 1.5 Care of • and Standard of Worl a. Care of • Consultant .adopt -. • .• - 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 be . •db own negligence.The performance o.. services by f not relieve Consultantfrom obligation to correct any incomplete, or defective workno 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 underAgreement requirespecialized 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.• i. .: -with the terms and conditions of this rightAgreement, 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 ♦ adjustment of • Sum or time due, whetherby of withoutcompensation, restitution, quantum meruit, etc. for Additional Services provided appropriate aut'.. ♦ is • from Contract. ♦ Compensation Sectionfor properly authorized Additional Services shall be made in accordance with of Agreement. Special1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "ID" (the "Special Requirements"). In the event of a conflict between the provisions of the Requirements ani any other provisions of • - the provisions of Specialthe Requirements shall govern. NORMWI' ' 11• 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" {the "Schedule of Last revised 7-3-12 2 Compensation") in a total amount not to exceed Forty -Seven Thousand Dollars ($47,000) (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 (1 Oth) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement, provided however that Consultant will not be responsible for delays caused by the City. Last revised 7-3-12 3 240 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit C (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. Extensions to the Schedule of Performance which are determined by the Contract Officer to be justified pursuant to this Section shall not entitle the Consultant to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with Sections 8.7 or 8.8 of this Agreement, the term of this agreement shall commence on August 7, 2013, and terminate on February 28, 2014. 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 ?uthorized to act in its behalf with respect to the work specified herein and mal�jd 211 decisions in connection therewith: a. Bruce G. Lawson, Managing Director It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to znter into this Agreement. Therefore, the foregoing principals shall be responsible; ,furing the term of this Agreement for directing all activities of Consultant and ,f evoting 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. Last revised 7-3-12 4 M-11 4.2 Contract Officer. The Contract Officer shall be Terry Deeringer, Human Resources/General Services Manager, 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. 6081atmoffloam 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 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 Last revised 7-3-12 5 PZPIPAI (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) 11'orkers' Compensation (with Employers Liability limits no less th $1,000,000 per accident or disease) (per statutory requirements) I 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 b(; written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Last revised 7-3-12 6 243 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, • agents. 5.2 Remedies. In addition to any other remedies City may have if Consultam fails • provide •I maintain any insurance policies • policy endorsements to Vm extent and within the time herein required, City may, at its sole Option: a. Obtain such insurance and •':• and retain the amount of the yremiums 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 • Consultant's • its subcontractors' performance • work • this • 5.3 General Conditions pertaining to provisions • insurance coverage • Consultant. Consultant and City agree to the following with respect to insurance provided • • 1. Consultant agrees to have its insurer endorse the third party general .• coverage required herein to •I- as additional insureds City, its • employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. We can designate the city as an additional insured on the GL policy only. Last revised 7-3-12 7 244 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. City agrees to waive subrogation rights against Consultant regardless of the applicability of any insurance proceeds. 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, as well as an endorsement providing waiver of subrogation, if such waiver language is not included within the policy itself, 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 EEM 8 8. 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 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. Last revised 7-3-12 9 M11P, 14. 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 coverag,; 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 .2pplicable to the renewing or new coverage must be provided to City within five (5) �ays of the expiration of coverages. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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 futy) to monitor the handling of any such claim or claims if they are likely to involve City. Last revised 7-3-12 to 247 ffltlffln��� 9106101 T.1 General Indemnification ProvisioM III 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. Indemnification applies only to liability associated with contractor's negligence, wrongful act, error or omission. b. Indemnification for Other Than Professional Liabilit . 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. Indemnification applies only to liability associated with contractor's negligence, wrongful act, error or omission. 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 Last revised 7-3-12 11 248 agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a 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. 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, with the exception of City ownership of any proprietary job evaluation tools provided to City under a license agreement. 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. Last revised 7-3-12 12 7.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. City agrees not to disclose any proprietary job evaluation tools provided to City under a license agreemen unless compelled to do so by lawt. womeaknig k, IMMAMMMM I 11"Ro 5 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. Last revised 7-3-12 13 PIPUlt Any waiver • either • • any default must be in writing and shall not be 2. waiver of any other default concerning the same or any other provision of tly;-. Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and • expressly declared to • exclusive in this Agreement, the •I and remedies of the parties are cumulative and the exercise by either party of one or more •I such rights • -• shall not preclude the exercise by it, at the same or different times, • any • rights • remedies for the same •- •' any • • by the • 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. 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 14 PIPUS I 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: Frank Spevacek, City Manager 78-495 Calle Tampico La Quinta, California 92253 To Consultant: FOX LAWSON & ASSOCIATES Attn: Bruce G. Lawson, Managing Director P. 0. Box 32985 Phoenix, Arizona 85064-2985 Last revised 7-3-12 15 10.2 Integrated Agreement. This Agreement contains all of the agreements o� the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 10.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 10.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 10.5 Authority. The persons executing this Agreement on behalf of th(-! parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of th,; iates stated below. Frank J. Spevacek, City Manager Date Susan Maysels, City Clerk Last revised 7-3-12 16 253 LoAffaum m Title: Manaqing Direct(M Last revised 7-3-12 17 254 Exhibit A Scope of Services See attached proposal dated July 5, 2013 18 255 Exhibit B The maximum total compensation to be paid to Consultant under this Agreement is Forty -Seven Thousand Dollars ($47,000) ("Contract Sum"). The Contract Sum shall be paid to Consultant in installment payments based upon the successful completion of each phase described below, and the acceptance of the work product as satisfactory by the Contract Officer. FEES Our fees to conduct the project outlined for 69 City positions (including out ol pocket expenses) will not exceed $47,000 that assumes only two (2) on -site visits and as well as reviewing the survey results via teleconference/web-conference. I Study Initiation, Strategy Confirmation & Administration $ 4,000 11 Classification Study $17,000 III Job Evaluation Study $ 3,000 IV Compensation Study $17,000 V Project Finalization $ 6,000 Total Cost: $47,000 LEVEL RATE Managing Director $350 Consultant $195 Senior Consultant $250 Consulting Associate $100 Wreffre MI, 19 256 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 Project Schedule shown below, and incorporated herein by this reference. Contract Term Phase I Strategy Sessions Phase 11 Class Study Phase III Occupational Panel Discussions Phase V Project Finalization August 7, 2013 through February 28, 2011, Septemb er 2013 October -December, 2013 November -December, 201 "-'1 November -January, 2014 by January 31, 2014 FTX 257 Exhibit D Special Requirements 21 258 P.O. Box 32985 Fox Lawson & Associates Phoenix, AZ 85064-2985 a Division of Gallagher Benefit Services, Inc. Phone 602-840-107# Fax 602-840-1071 Compensation and Human Resources Specialists wvrA,.fox1awson.corn I M M-A P"I tcl Ms. Terry Deeringer �_Z_Zz �12ra_NZ_2 City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 tdeeringer jgq�j• • Re: job Classification and Compensation Consulting Services in Tesponse TUILUTI T ,r "'i - : J_ I mrm_ �117_ff my Gallagher & Co.'s Human Resources Consulting Practice, is pleased to submit oux proposal to the City of La Quinta (City) to assist in the development of a new job classification and compensation plan covering the City's approximately 69 current positions. r,v pgv Tff T ME I M mm M I M 7. be advantageous to the City, including: We specialize in human resource policies, job classification, job evaluation and compensation studies which are the types of services needed by the City. Our people are proven, experienced compensation professionals. Each has attained the CCP (Certified Compensation Professional) designation from Management, and/or the IPMA-CP (Certified Professional) designation from the International Public Management Association for Human Resources, and hold specialized deg-rees in HR Management/Industrial Relations or public/business administration. Our firm's team -based organizational structure and ongoing managing director interaction enables us to provide senior level consultants who have the experience to guide you through this project to its successful conclusion. Our project team has worked together on over 500 similar consulting engagements for cities, counties and other public agencies. We have worked with some of the largest cities in the country, as well numerous cities and publ sector organizations throughout California. I 0144*1 We take the time to understand your needs and our managing directors and consultants are available to guide you through all phases of the project. We have the technical experience, as well as sensitivity to the significant impact of human resources decisions to ensure results are appropriate for the City. IIII!II c LdIiQIeU 10 ;LQJL1 i-t CULU LdiKU dU jobs we will study. We have performed services with these specifications for all sizes of governmental organizations. Our commitment to the public sector is well established. We encouxage you to contact other organizations that members of our firm are currently assisting or have recently assisted. We pride ourselves on offering a degree of customer service and quality work product that surpasses our competition. Manage complex classification, compensation, and change assignments. Work with you as a team - we serve as mentors and technical experts to ensure things go right. Deliver projects that meet the distinct and unique needs of our clients for the future —we don't simply reorganize your current system. Meet project timelines and budgets. LEIIE UILS PLO.P05di dRU look iorwara to assis ilia the City with human resources issues. Should you need additional information or hav questions regarding our proposal, please contact me via phone at 602-840-1070 or e- mail at bruce-lawson@ajg.com. I Very truly yours, L'-',ruce G. Lawson, MPA, CCP, IPMA-CP Managing Director Cc: Cindy Henson - chensonhcg(d)-henson onsultinaggroup.co Cc: Dana Smith - napasn-dth3@gmail.com Fox Lawson & Associates Division f Gallagher Benefit Services, lnc Cover Letter IF Table of Contents 3 Description of the Companyi. Scope of Services Work Plan 10 Project Schedule 15 References and Qualifications 16 Staff Qualifications & Experience 2 Fees 25 Appendices Sample List of FLA Articles Available on www.foxlawson.com 26 Cv. - Fox Lawson & Associates Division A Gallagher Benefit Services, I- KPI-11 DESCRIPTION OF THE COMPANY PHOENIX, AZ ST. PAUL, MN We are recognized for the quality and depth of our analysis, for the ethical integrity of our practices, for our extensive capabilities and products in compensation and benefits surveys and analytics, and for the fair pricing of our services. GBS has a broad understanding of human resource systems including Fox Lawson & Associate's specialization in public sector classification and compensation studies. These studies typically include, developing new classification structures and job descriptions, evaluating jobs with a job evaluation methodology to determine the internal equity, conducting a custom-tailored salary survey, developing a competitive pay system, recommending strategies to implement the new compensation structure, and ensuring appropriate administrative and procedural guidelines are in place to maintain the system. We ensure that our clients are in compliance with applicable laws and regulations, such as the Fair Labor Standards Act (FLSA), the Americans with Disabilities Act (ADA), and Equal Employment Opportunity (EEO) standards and have pay systems that are appropriate for their organization and market strategy. Gallagher Benefit Services, Inc. ranks among the top five benefits providers in the country with more than 2,000 employees nationwide. Below are a few key points and a sampling of the services we would like to highlight about our firm. ro" AVITFUITT M$k I Our staff excels at applying job evaluation methodologies to better meet our clients' needs in changing environments. Because no single method fits the needs of all clients, we offer a "family" of job evaluation methods, including the Decision Band Method, Flex/Point, a point factor plan, and JFACSTM , an automated job evaluation system which uses a scored questionnaire. In addition to these methods, our firm is experienced in fine-tuning various job evaluation methods by updating the language and/or the mathematical weighting schemes behind various systems to ensure they are free of bias and are valid and reliable. SALARY DATABASE We utilize an internet-based salary survey database that includes over 300 of the major public and private sector salary surveys. We utilize GBS's proprietary BenefitPointTM database to manage client and benefit plan information providing access to considerable benchmark data. We subscribe to multiple national benefits benchmarking studies and contract with globally -recognized informational data repositories, such as Ingenix. We also have access to nationally accredited data banks typically utilized in the employee benefits industry, such as Mercer, Segal, Kaiser Foundation and Towers -Watson. CV - Fox Lawson & Associates a Division of Gallagher Benefit Services, Inc A INDUSTRY AssoCIATIONS We have a strategic alliance with the International Public Management Association Human Resources (IPMA - HR), the National Public Employers Labor Relations Association (NPELRA), and the Colleges and Universities Professional Association fo Human Resources (CUPA - HR) and have conducted a series of training seminars/workshops on compensation, classification, job evaluation, and employee benefits management throughout the nation in conjunction with these organizations] CLIENT SERVICE In a survey of clients that we had served in the prior five years, the independent firm Dun & Bradstreet found that the quality of client services Fox Lawson & Associates many large national firms. (The factors rated included cost, timeliness, quality, responsiveness to problems, technical support, quantity delivered verses quantity requested, and the attitude of personnel.) INDUSTRY LEADERSHIP Fox Lawson & Associates consultants have demonstrated proven leadership in the compensation field. Each consultant has obtained their CCP, their IPMA-CP, and/or teaches courses through Worldaffork, including job Analysis and Evaluation, Performance Man International Public Management Association for Human Resources (IPMA - HR). In association with IPMA-HR, we designed, analyzed and sponsored the 2007 giii _iractice itio-tBe-t-cWii-irki-t-gSi7c7e)Loftre--Cd w b and 2012 Compensation Surveys. NUMEROUS PRESENTATIONS Our managing directors have been featured speakers at every IPMA-HR national conference for the past 25 years. We also have been featured speakers at every NPELRA (a public sector labor relations organization) national conference for the past 15 years. We are also often asked to speak at regional and national CUPA - HR and SHRM conferences. PUBLISHED ARTICLES We publish a quarterly newsletter, "FLA Solutions," for clients on key topics affecting the public sector. We write a quarterly compensation answer column called CompDoctor for the IPMA News. We also have published articles in the American City and Countv. Public Management, Corporate Report Ventures, Corporate Board Membe , and Benefits Planner. We have also been quoted in the Wall Street journal and on CNN. We encourage you to access many of these articles through our website at www.foxlawson.com. Given the issues facing the City, we encourage you to access these articles. CZ'. Fox Lawson & Associates a Division of Gallagher Benefit Services, Inc Customer Service & Follow-up- "FLA is very responsive to their clients' questions and immediate needs; if there is a question, it is answered quickly and in words we understand. " Teaching, Feedback & Guidance - "FLA does an excellent job walking their clients through the project; they teach `classification and compensation 101' and they move up to advanced courses when we are ready. " Flexible - "FLA is willing to work around their clients' schedules, and ensure project deadlines are met. " Professional- FLA is very professional, knowledgeable, and accommodating in handling their clients' questions and concerns. " Analytic Ability & Data Quality- "FLA analyzes data in a manner that is easy to understand and provides data that is credible and valid. " The intent of the study is to review and update the City's classification and compensation systems covering approximately 69 full-time positions within 35-40 current job classifications. The objective is to simplify the structure and provide greater flexibility relative to changes in the work performed and how employees are classified and compensated. This project is necessitated by a variety of operational and staffing changes that have impacted the City over the past year. The project includes the following tasks: Ity FrT7M;?._T;r,7# M Facilitated discussions with City leaders and management staff to determine k—M obiectives. strategies and deliverables. I �MJR1L*1O1G11Jev1n*J4r4 Ort 4 Development of recommended classifications for every job function, including career ladders. 19 Provision of an appropriate job evaluation methodology to assess and mainta internal -• for all job • i Compensation Activities 61WOW Do W51101011 101 —0 **1 0 " , - - - --------------- the results of the compensation study, the internal equity assessment, and the review of compensation •. Recommendations for methods to implement the findings of the study and a P t i _0 rs, a-i Ui__ dj XPO-POLICies-axii rprocedures. G... Fox Lawson & Associates a Division of Gallagher Benefit Services, Inc F.*] KPI-1p, • plans for implementing the findings of the study. Our of the City. Based on our understanding of your needs, we have prepared a work plan we believe addresses your stated issues. We have also outlined options that you may wish to consider in order to both reduce the overall Dro . e t t' line as well as the Droiect cost. I Study Initiation, Strategy Confirmation & Administration li Classification Study III job Evaluation Study IV Compensation Study V Project Finalization G. Fox Lawson & Associates a Division of Gallagher Benefit Services, Inc E KIM �Mj *1141101141113*4 03 J) 111 * 4 11 USYITQ WSTW I. Study Initiation, Strategy Confirmation & Administration. project initiation and strategy meetings.] II. Classification Study [Presumes two days on site to conduct occupational panel sessions. We will develop a draft model classcation structure that -ZU& facilitated departmental/occupational • workshops to refine the job classification structures for each occupational group. The City will i-AMM,5. into the new structure following development of the new class structure.] CZ - Fox Lawson & Associates a Division of Gallagher Benefit Services, Inc Organization & salary material collected. Identification of possible barriers to implementing and maintaining change. Assessment • the strengths and weaknesses • the City's current classification & compensation systems. Presentation •'. DBM, FIA's proprietary internal equity tool/JE alternatives and decision regarding approach to determining internal alignment. sit Confirmed or updated compensation philosophy and strategies. • Employee communication plan confirmed. • Client communication process confirmed. is Project timetable confirmed. • Review of current organization material and job descriptions. • Identification of job families and appropriate composition for occupational panels. • Conduct of occupational panels within each major work function to obtain input regarding the type and level • work performed ♦,, employees within the occupational group. Based on panel feedback, development of updated class structures, as needed for City review. Development of new, or revised job descriptions. The new job descriptions would be developed in tandem with the conduct of the compensation study (Phase IV). LUI III. job Evaluation Study v Application of DBM or alternative job evaluation tool in use or otherwise selected t* [Training for the job Evaluation the City jobs. system will take place during the m Discussion of the internal hierarchy resulting Classification Study onsite visit.] and development of modifications to finalize the job evaluation ratings for use in determining internal equity within the class and pay systems. m Training for HR and management personnel I in the use of the selected job evaluation M Compensation Study n Labor market confirmed and survey participants identified. [In order to reduce cost, the review a Benchmark jobs identified and summarized. will be completed via tele- ® Data collected from published sources, as conference/video-conference.] appropriate, and verified. ® Identification of hard to recruit positions and assessment of the relevance of compensation for recruiting. Competitive analysis performed. Diagnostic review of current salary structures conducted to identify opportunities for simplification. Recommended pay structure or update of existing structure. Best practices reviewed. ® Transition options and next steps/costs outlined. s Compensation quidelines developed. V. Project Finalization - Draft report. ® Quality assurance reviews. [Presumes on -site presentation of - City review and feedback. recommendations.] n Final report and presentation. FOMMUMMONT-TIMM-1k, M_ • Confirmed classification and compensation philosophy and strategies= • Recommended updates to the City's classification structure. • Recommended salary structure. • Recommended job titles and updates to job descriptions. • Recommended salary scales. • Recommended FLSA designations for each job classification. G Fox Lawson & Associates Division of Gallagher Benefit Services, Inc KPI-R, Summary report including recommended implementation and maintenance costs and options. In conducting salary studies, we follow professionally accepted compensation principles and practices as outlined by Worldaffork, SHRM, the U.S. Department of justice and the Federal Trade Commission. Some of these guidelines are listed on the following pages. We have also authored many articles on various aspects of conductin,!, salary studies; please refer to our website www.foxlawson.com for these specific articles. TME17" ____ MR ._7 OPTERMUTT should be selected; either at least 30% if utilizing a formal job evaluation methodology or at least 50% if using a pure market approach. We include representation of all job families and levels throughout the organization; highly populated jobs; jobs found in most comparator organizations; and jobs with recruitment or retention problems. We review job descriptions to ensure the duties and responsibilities are understood as well as to make sure we understand the level that the job is functioning at and that reporting relationships are understood so that Itartici,joatin-y We will draw on our 20+ years of salary and benefits survey experience to determine if we believe a comparable job can be found in the labor market. summary). V#Tt _'Freqz =S77-1111'", I fft I -t VL-1 L [Cdf1r-K6tkf_Cr •'. organizations to survey. We factor in that different jobs will have different recruiting markets, by type of organization, size of organization, and geographic location. ■ Any published sources utilized must meet the following criteria: - Conducted by a reputable salary survey firm. - Survey data is not self -reported. - Survey is conducted on a continual basis instead of a one-time event. - Survey reports its data sources, the effective date of the data, and was tested to ensure accurate matches and data. For surveys, the questions in our data collection form have been field tested through over 20 years of salary and benefits experience to produce valid and accurate data. We pose questions in a fashion easy for participants to answer, as G., Fox Lawson & Associates Dwm.. of Gallagher Benefit Services, Inc W, MAN well as providing ease for quantification and analysis. Participants are given the option of completing the survey electronically or in hardcopy. We follow-up with participants to ensure data quality and validity of matches and data being reported. If there are questions, we seek job descriptions, organizational charts and other information and weekly status updates on the progress of the compensation study are provided. We perform several reviews of the data as well as statistical tests to identify any extreme data and to ensure the validity of the data. We utilize trend factors for aging data so that all data is consistent to a current point in time. The trend factors are derived from either the U.S. Department of Labor data or Worldaffork Surveys. as We apply geographic differentials as appropriate and necessary to ensure that the data are reflective of your labor market and economic conditions. We use third party resources (Economic Research Institute) to identify the appropriate geographic differentials. IN We calculate various statistics for summarizing the data (means, medians, • lows, • We follow the U.S. Department of justice and Federal Trade Commission guidelines that 5 matches should exist per job in order to draw reliable conclusions. Therefore we do not calculate statistics (means, medians, etc.) on jobs with fewer than 5 job matches. We document and explain our methodology and processes in written reports an]? also provide electronic copies of the reports. All of the data and conclusions are transparent and auditable. FIA has comprehensive quality and performance standards. Each deliverable is reviewed by two individuals in the firm for quality control. If clients have issues that need to be addressed, the first contact is the project manager who will attempt to resolve the issues with. as necessarv. the assistance of one of the Manac[incr Directors. G.i Fox Lawson & Associates a Division of Gallagher Benefit Services, Inc M MAI iPROJECT SCHEDULE Given the potential for substantial impact that this study will have on its employees, successful completion will necessitate both management and employee involvement. The schedule presented below employs a sequential process of conducting a study of this nature although some tasks can be conducted simultaneously. We have outline d- a five -month project schedule. As outlined in the project work plan, this • has assumed that we will use occupational panel discussions to focus on the model class structure that we would be provided for the sessions. Because of the degree of restructuring that is going on within the City, we have not proposed the use of individual employee Position Description Questionnaires. job description development would occur in tandem with the conduct of the market compensation study. PHASE DESCRIPTION Study Initiation, Strategy Confirmation & Administration 1 MONTH 2 ... 3 4 5 Classification Study job Evaluation Study Compensation Study Project Finalization CV. Fox Lawson & Associates Dwm.. of Gallagher Benefit Services, Inc MPA, Ell 711 11� i a variety of human resource issues. These projects have included from less than one hundred to thousands of employees. Below is a sampling of city clients we have assisted with similar needs. Several of these projects are described in detail in the References section of this proposal. These projects are relevant in demonstrating our ability to meet the needs of the City and show considerable experience reviewing an developing functional classification and compensation systems. Our references will attest to the timeliness, quality and responsiveness of services we provide, as well as our knowledge of public sector organizations, the functions under study, and our skill and ability of dealing with organizations of your size and needs. We continue to provide ongoing services and complete additional projects for many of our clients. 0 parent organization, GBS, serves approximately 1,300 public sector clients, including more than 420 cities, as well as a number of public sector organizations in California. CITY or HEALDSBURG, CA In 2013, we have been retained to assist the City in conducting a comprehensive job classification and compensation study covering all city positions. This study is designed to update the City's overall classification and compensation that we originally developed for the City in 2007. Marjie Pettus, City Manager, 707-431-3319 or r-upettus@ci.healdsburg.ca.us. CITY OF NEWPORT BEACH, CA Beginning in 2012, we were originally retained to assist the City in conducting a review of its management/executive compensation plan, as well as to review the City's overall be simplified to adapt to the current work environment. We have subsequently been retained to conduct a comprehensive job classification and compensation study covering all city positions. Terri Cassidy, JD, Director of Human Resources, 760-324- 4511 ext. 229 or TCassidy@NewportBeachCA.gov. CITY OF RANCHO MIRAGE, C A and compensation study covering all full- and part-time positions. Kim Malcolm - Valente, Director of Human Resources, 949-644-3303 or kimv@ranchomirageca.gov. CT. Fox Lawson & Associates a Division of Gallagher Benefit Services, Inc 273 KERN COUNTY, C In 2001-2003, we assisted the County in conducting a job evaluation study of 1,000 job classifications and conducting a market compensation study. This project involved direct collabor JVAEA�_ employees association. The study was completed on schedule, on budget, and the results were unanimously adopted by both the Board of Supervisors and the County's Personnel Commission. In 2004, we were retained to conduct a market compensation study of health care jobs within the County. Susan Wells, Employee Relations Officer, (661) 868-3178 or wellss@co. kern. ca. us CITY OF FRES TO, C Since 2006 we have been assistinx the Citip compensation program covering all positions in the City, including utility and airport positions. Terry Bond, Director of Human Resources, 559-621-6964 or TerU.Bond(d)_fresno.go . TOWN OF GILBERT, AZ In 2011, we were retained to conduct a diagnostic review of the Town's job classification and compensation systems. One of the findings from that review was thal the Town did not have a current a viable compensation philosophy and strategy. We were subsequently retained to assist the Town's Compensation Committee and the Town Council in developing a new compensation philosophy. The result was adoption of a new philosophy and related strategies by the Town Council. Subsequently, we were retained to conduct a full classification and compensation study for all positions and continue to provide support services for system implementation. Carrie Bosley, Director of Human Resources. Phone: (480) 503-6922 or carrie.bosley@gilbertaz.gov. CITY OF TACOMA - TACOMA, all City positions, as well as to develop a new compensation program using data collected by another consulting firm. joy St. Germaine, Human Resources Director at (253) 591-2060 or istcrermainO-ci.tacoma.wa.us. CITY OF FEDERAL WAY - FEDERAL WAY, WA In 2008, we assisted the City in developing a new job classification structure covering all City positions, as well as to develop a new compensation program. Mary McDougal, former Human Resources Director at (253) 591-5576 or UNIFIED PORT DISTRICT OF SAN DiEgo, CA In 2005, we were retained by the Port of San Diego to assist the Board in developing an overall compensation philosophy and strategy. In 2007, we conducted a market compensation study covering all non -represented positions within the Port. Karen Porteous, Director of Human Resources, (619) 686-6509 or kporteou(a_)_portofsan,diego.org. G.; Fox Lawson & Associates Division of Gallagher Benefit Services, 1- IN 274 SAN DIEGO COUNTY REGIONAL AiRPORT AUTHORITY, CA compensation philosophy and strategy. We also implemented a structured job evaluation process to establish appropriate internal relationships for all non - represented job classifications. Finally, we conducted the first of a series of three market compensation studies covering one-third of job classes. Additional studies conducted in 2009 and 2010 covering the remaining job classifications. Jeffrey Lindeman, SPHR, Director of Human Resources, (619) 400-2516 or jIindema(q-),g4A.org. SOLANO COUNTY, CA &Zisa and practices, with a specific focus on how compensation levels were set for the County Administrative Officer, County Counsel, department heads, and elected officials. In 2007, we were retained to conduct a classification and compensation study covering all 3,000 County positions. The overall study took two years to complete. Don Turko, Director of Human Resources, (707) 784-2552 or dwturkoe-solanocougity.com. il!d represented by the Association. Jason jasmine, Partner with Carroll, Burdick & McDonough, (916) 446-5297 or jjasmine@cbmlaw.com. .1.., 1111111111111 11 (471 f FFZTTvn; 11 11111, �� Mm =44, G11'elfere MrdlTrer -• ALUNUI• all staff positions. The end product was a new compensation program for the Association. Paul McIntosh, Executive Director, 916-327-7500 x506 or pmcintosh(o)counties.org. within the CSAC-EIA. In 2008, we were retained to update the compensation plan. U.ic'_�ael Flewi.tcr Ckief Eyecutive Officer. 916-631-7363 or mfleminap . �sac-eia.orcr- Fox Lawson & Associates Division of Benefit Services, Inc. *4 MAR OTHER CALIFORNIA CLIENTS City of Sacramento Los Angeles County Orange County Superior Court Transportation District San Mateo County Transit District North County Transit District Orange County Transit District Riverside Transit Agency Coachella Valley Water District San Diego County Water District Sweetwater Authority DIM Vista Irrigation District Sacramento School District City of Beverly Hills City of San Clemente City of Encinitas ITIarin County Kern County City of Palo Alto M-MAMN. Mo. U57MMIM =g FLA CITY CLIENTS I Ann Arbor, MI, City of Mandan, ND, CitX of Arlington, MN, City of Maplew'ood, MN, City of Asheville, NC, City of Mason City, IA, City of Ashland, OR, City of j Medford, OR, City of Atlanta Traffic Court, GA Mercer Island, WA, qqy of Baltimore, MD, City of Mesa, AZ, City of Barnesville, MN, City of Mill Creek, WA, City of Bellevue, WA, City of Missoula, MT, City of Bellingham, WA, Cit of Montrose, CO, Citv of Bend, OR, City, of Mount Pleasant, MI, City of Beverly Hills, CA, City of Mountain View, CA, City of Billings, MT, City of Murrav Citv Corporation, UT Bismarck, ND, City of Newcastle, WA, City of Burlington, 1A, City of North Branch, MN, City of . 0 oysemg U. I North Lauderdale, FL, City of it Uarlsbad, UA, Uity 01 . Northfield, MN, City of Carson, CA, City of Oceanside, CA, City of Casper, W`Y, City of Orinda, CA, City of Cave Creek, AZ, Town of Palo Alto, CA, City of College Station, TX, City of Paradise Valley, AZ, Town of Colorado Springs Attorney's Office, CO Pella, IA, City of CT - Fox Lawson & Associates Dwm.. .1 Gallagher kndit Services, Inc MAR, -FLA CITY CLIENTS Colorado Sprinqs, CO, Citz of Peoria, AZ, Cit-, of Concord, NC, City of i Phoenix, AZ, City of Cumberland, MD, City of Plymouth, MN, City of Dallas, TX, City of Prescott, AZ, City of Danville, VA, City of Pulaski, VA, Town of Davis, CA, City of Queen Creek, AZ, Town of DeseLt_Hot §p in s, CA, City of #_9 Rancho Cucamonga, CA, C CLIty of Des Plaines, IL, City of Redmond, WA, CitX of Dickinson, ND, City of Richland, WA, ty of District of Columbia Government Rifle, CO, City of Durham, NC, City of Riverside, CA, City of Eden Prairie, MN, City of Roanoke, VA, City of Edmond, OK, CitX of Rochester, MN, City of Roseburg OR C Eugene, OR, CitX of Sacramento, CA, City of Fargo, ND, City of San Clemente, CA, CitX of Farmington, MN, City of San Francisco, CA, City of San jos CA, City of Federal Way, WA, City of San Ramon, CA, Cit of y Fergus Falls, MN, City of Santa Ana, CA, Cit � of AZ, City of Santa Cruz, CA, City of _ElLg_�taff, Fremont, CA, City of Schaumbur , IL, V11 a e o o, CA, City of Sc ttsdale, AZ, City of Seattle, WA, City of [Glen Ellyn, IL, Village of Shakopee, MN, City of Goo ear, AZ, City of dy Sheb alls, WI, Cit ag�n F Grand Forks, ND, City of Sioux CitX, IA, Cit:� of Grand junction, CO, City of Sioux Falls, SD, City of Grants Pass, OR, City of Solano Beach, CA, City of Greensboro, NC, City of Springfield, OR Hamilton, OR, City of Surprise, AZ, City of Hanford, CA, City of Tacoma, WA, City of Hartford, CT, qLity of Telluride, CO, Town of Healdsburg, CA, City of Thief River Falls, MN, Cjty of Hercules, CA, City of Tucson, AZ, City of Fox Lawson & Associates Di,m...fGallagher B66mic�, Inc.19 277 FLA CITY CLIENTS Hilton Head, SC, Town of Tukwila, WA, City of Huber Heights, OH, City of —Huron, Walnut Creek, CA, Ci!y of SD, City of Washington DC, City of Issaquah, City of U er lington, OH, City of -WA, ackson, MN, City of Valley City, ND, City of Kalamazoo, M1, City of Vancouver, WA, City of Kalispell, MT, City of Walnut Creek, CA, City of Kansas City, MO, City of Washington DC, City of Kennewick, WA, City of Watertown, NY, City of Kingman, AZ, City of West Fargo, ND, City of Kirkland, WA, City of West Hollywood, CA, City of Lake Havasu City, AZ, City of West jo dan, UT, City of Wichita, KS, City of r MN, City of =Windom, Fwindsor, CA, Town of Litchfield Park, AZ, City of Longview, WA, Citv of Yuma, AZ, City of LLas—Angeles, CA, City of G... Fox Lawson & Associates a Division of Gallagher Benefit Services, Inc W11 278 There are five critical concerns that must be addressed in organizing, staffing, and managing this project: The consultants must secure high levels of acceptance from employees and City management, which is demonstrated through experience, professionalism, and quality work product. 9111! 111! 111 11! 1 111 11115151151 1111 F! 111 1111 1 1 111 The team must have the proper mix of project management skills, technic expertise, and public sector experience. i MOM 44. 4. 0 4 0 BRUCE G. LAWSON, MAR, CCU, IPIRA-E? Mr. Lawson is a Managing Director of the firm. In this capacity, Mr. Lawson serves as project director and/or technical advisor, providing technical direction and quality assurance. He is responsible for all consulting activities in the areas of job evaluation and compensation, organization analysis, personnel systems and policy development. Mr. Lawson has been directing classification and compensation studies for more than 25 years. Prior to forming Fox Lawson, he spent 15 years with the firm of Ernst & Young LLP where he served as the national director of their public sector compensation consulting practice. He also served as Cito Manager in two California cities �fLos Altos Hills and Belvedere> was the County Administrative Officer in Multnomah County (Portland) Oregon, Assistant City Manager/Personnel Director in Corvallis, Oregon, and Assistant to the City Administrator/Personnel Director in Placentia, CA. Mr. Lawson served on the City of Phoenix (AZ) Public Safety Employees Retirement Board for 12 years. Mr. Lawson has a Master's Degree in Public Administration from the California State University at Fullerton, is a.b.d. in Public Administration from Golden Gate University in San Francisco, and has earned his CCP certification from Worldaffork. He is also an active member of several [�rofessional associations including the College & University Professional Association for Human Resources, the International City & County Management Association, the rnternational Public Management Association for Human Resources, the Society for Human G. Fox Lawson & Associates a Division of Gallagher Benefit Services, Inc, 01 MAK Resources Management and WorldatWork. Mr. Lawson co-authors a month compensation article called the CompDoctor TIVI. I JAMES C. FOX, Ph.D., XPMA-CP Dr. Fox is a Managing Director of the firm. In this capacity, he serves as project director and/or technical advisor on all projects, providing technical direction and quality assurance. He is responsible for all consulting activities in the areas of personnel management, job evaluation and compensation, organization and management analysis, executive compensation, and survey research. Dr. Fox has been directing classification and compensation studies for more than 25 years. Prior to forming the firm, he was a Partner in the firm of Ernst & Young LLP and headed up the firm's regional compensation practice, with national responsibility for the public sector compensation practice. Dr. Fox holds both M.A. and Ph.D. Degrees in Sociology from the University of Minnesota. He has been an instructor at Metropolitan State University and the University of Minnesota, and has been a guest lecturer at regional conferences and meetings. He is a member of the Society of Human Resource Management, WorldatWork, where he is on the faculty, and was the Professional Development Coordinator of the Compensation Council of the Twin Cities Personnel Association. He is the Chairman of the Human Resources Committee of the Board of the Northern Star Council of the Boy Scouts, the past Chairman of the Board of Project Pathfinder and is a member of the Ramsey County Personnel Review Board. Dr. Fox co-authors a monthly compensation article called the CompDoctor TM. SANDRA SPELLMAN, MAX, IPMA-CP Ms. Spellman is a Senior Consultant with the firm. She is responsible for conducting classcation, job evaluation, and human resource process consulting projects. She has been conducting studies for our firm for 7 years and specializes in the areas of classification, communications, human resource strategy and process, and employee and management focus group meetings. Ms. Spellman has worked with various types of organizations including states, cities, counties, colleges and universities, and the federal government. Prior to joining the firm, Ms. Spellman spent 18 years with Ernst & Young's consulting practices where she was responsible for client and internal change management, communications, and training strategies. She has also held state executive and legislative positions addressing a wide range of human resource and related issues. Ms. Spellman has a Bachelor's Degree in Sociology/Political Science from Arizona State University and a Master's Degree in Public Administration with an emphasis in Organizational Development from the same institution. She is a member of several professional associations, including the College & University Professional Association for lic Manaaement Association for Human Resour_ces.an-f WorldaO&Work. G... Fox Lawson & Associates a Division of Gallagher Benefit Services, Inc W- P1114-It LORI MESSER, MA, CCP Ms. Messer is a Senior Consultant of the firm. She is responsible for conducting classification and compensation consulting projects. Ms. Messer has worked with and for a variety of public and private sector organizations, including states, cities, counties, school districts, colleges, universities, and special districts. Prior to joining the firm, Ms. Messer held positions with school districts and a variety of consultative human resources and compensation positions in high tech, distribution, healthcare and local government organizations. Ms. Messer has a Bachelor's Degree in Business Administration from Arizona State University and a Master's Degree in Education from the University of Phoenix. She is also a member of WorldatWork and has earned her CCP certification. ANNETTE HOEFER, MRA, CCP Ms. Hoefer is a Senior Consultant. She is responsible for conducting classification and compensation consulting projects. She has been conducting classification and compensation studies for our firm for 5 years and specializes in the areas of classification, job evaluation and compensation, personnel systems and policy development, performance management systems, employee communications, strategy discussions, pay administration planning, and focus group facilitation. Ms. Hoefer has worked with various types of organizations including states, cities, counties, colleges, universities, special districts, and private sector organizations. Prior to joining the firm, Ms. Hoefer worked for 9 years in the same capacity at Lee and Burgess Associates, a consulting firm based in Colorado, and prior to that, had held human resources positions in energy and insurance companies. Ms. Hoefer has a Bachelor's Degree in Business Administration from the University of Iowa and a Master's Degree in Business Administration with an emphasis in Human Resources from same institution, and has earned her CCP certification from Worldaffork. G. Fox Lawson & Associates pq Division of Qhghe, Benefit Services, Inc Gag RPM I FEES PHASE DESCRIPTION COST LEVEL RATE LEVEL RATE ■ IPMA-HR News Article 1/12: Benefits Design and Delivery -A New Era ■ CompDoctor Article 05/11: The New Normal - The Sequel: Impact on jobs and Employees * CompDoctor Article 03/11: Reaching Prospective Applicants * CompDoctor Article 02/11: at The New Normal Will Look Like ■ Comp octor Article 12/ 10: Suggestion Pro as CqrrtpDoctor Article 10/ 10: Making Right for Exorbitantly Compensated City Officials ■ CompDoctor Article 08/10: Addressing Employee Concerns outer Classifications ■ CompDoctor Article 06/10: Recession Effects On Reclassification Requests CompDoctor Article 05/ 10: CornpDoctor Article 05/ 10: Public Servants/Public Service ■ CompDoctor Article 03/ 10: Decentralized HR ■ CompDoctor Article 0 1 / 10: Use of Market Data in TodAy's Labor Market ■ CompDoctor Article 11/09: Explaining Market Data to Employees ■ IPMA-HR News Article 06/09. MqLtigfkqgriktioiI4lWorkforces: Ch-allenggs,g4o Opportunities ■ CompDoctor article 06/09: How to Cut Compensation Costs G..:, Fox Lawson & Associates a Division of Gallagher Benefit Services, 1— W 283 ■ ompDoctor Article 04/09: The Role of HR in Pay Decisions Made by Department Managers HR-News Article 1/09- Designinq Classification and ComRensation Systems for the Change that is Coming CompDoctor Article 10/08: Success Criteria for Your Classification and CoMpensation Study CompDoctor Article 08/08: The Makeup of Your Steering Committee ■CompDoctor Article 03/08: Market Matching for Unique jobs ■CoMpDoctor Article 1/08: Guidelines for Matching jobs ■ CompDoctor Article 10/07: Should we raise the grade of the job so that the market and the pay range match? ■ CompDoctor Article 07/07: Why do managers resist reducing the number of p" ranges? ■ CompDoctor Article 04/07: Hel]2 me explain why department specific job classifications are not necessarily a good idea IPMA-HR News Article 03/07: Our Pay System is Out of Whack ■ CompDoctor article 0 1/07 - Undertalldnga Comprehensive Review of Classification & Compensation Systems ■ ColnpDoctor article 11/06: job Evaluation vs. Market Pricing ■CompDoctor article 07/06: Defining the Competitive Market ■ CompDoctor article 04/06: Market Contingency Pay ■ TPMA-HR News Article 03/06: Getting Control Over Market Compensation Data ■ ColnpDoctor article 0 1/06: Market Setting Pa ■ CompDoctor article 01/05: Broad Banding ■ CompDoctor article 07/05: Pay Co;ppressio ■ Co;npDoctor article 04/05, Why Do We Need a P4y Strat@_gy? ■ CompDoctor article 0 1 /05 -. Developing a Market Based P" Structure ■ ColnpDoctor article 10/04: Cam in the Right Market Data G Fox Lawson & Associates a Division of Gallagher knefit Services, Inc, 0. 284 1 MIT= G Fox Lawson & Associates a Division of Gallagher Benefit Services, Inc, p1pe-V i 93_q# their ideas and an Perkins, lCMA Senior Advisor and WLG Board Member recorded their ideas on a flipchart. Given the world in which we now live, public sector organizations must rethink the underlying basis for their compensation program. It is critical that each organization understand and articulate what A is you are paying people for (time in service, results, skills, etc.). Until there is an understanding of V for it is virtually impossible to appropriately establish a compensation Program that is appropriate. The second critical question that must be addressed is how flexible do you want and not the exception it oa3lv#vriate that the classification and compensation systems need to be sufficiently flexible to accommodate on -going and continuous change. The "new normal" includes: • Flexible job bands and broader pay ranges with defined criteria regarding placement within a range (skill or competency based pay, performance based pay) • More market focused in terms of overall pay levels with market being defined differently for jobs by level and occupational grouping • Greater emphasis on results and less on longevity or "seat time" • Emphasis on total compensation (including health care, alternative work schedules and locations, and retirement) • Flatter pay structures - fewer pay levels and fewer job classes • Fewer employees to do the work more efficiently • Pay for performance model tied to evaluation tool ANTMIM Within the context of declining revenues and annual budgets, the city made it a priority to offer compensation and benefits that are sustainable, affordable by our community and are more in line with the private sector. The city of Las Vegas is doing this with a number of programs. The city recently implemented a class/comp study by making adjustments to 400 job classifications that would put compensation more in line with comparable public sector agencies. Over 1250 individual employee salary ranges were adjusted to match industry comparables, saving the city an estimated $500,000 over the next year and approximately $9 million at full implementation. One of the programs currently being rolled out for non -represented employees is restructuring leave benefits. When employees separate from the city, they currently are paid for all of their accrued sick leave up to 840 hours based on their current vesting level which tops out at 100% after 20 years. The city will pay appointive employees for the sick leave they would have been given had they separated in January and will no longer pay out sick leave after this initial buyback. This will reduce the city's outstanding liability by $5 million with the hope that the city's four bargaining units will do the same the next time their contract is negotiated. The class/comp study and the sick leave buyback are just _�Fjtlt benefits. Final comment: It is time for all local governments to revaluate all their compensation strategies given the reset in the economy. One participant indicated that it was interesting to him that the strategies we discussed weren't really cutting edge, but that it just seemed like we were finally doing what everyone acknowledged needed to be done years ago. 287 http://icma.org/enlca/newsroomlhighlights/Article/I 01 570/What-Is-New-and-Cutting-Ed... 7/31/2013 "What Is New and Cutting Edge in Employee Pay?" I icma.org Page 3 of 4 With increasing public scrutiny about how public employees are compensated, recognized, and rewarded, managers must drive for change. Granted, it is a slow and deliberate process, but change can be made and it can be proved. The City of Richland has moved from a traditional step -based merit system to one that is based on performance and tied to goals defined by the city council through their strategic leadership plan. We challenged the old model by redefining our leadership team; developing a competency model that would define expectations for performance; creating internal task teams to develop a new rating model and redefining "successful" as a performance measure. Our strategic leadership plan provides focus for our budget and performance so that accountability is key. Support from Council, driven by the City Manager and created and implemented by task teams at the liml, t-fir py&jr*xi ?-Yfvy U1 employees based on performance rather than less accountable, traditional methods. It is hard work and takes a lot of time but well worth it. Declining resources and increasing requests for services demands that cities look internally for efficiencies and effectiveness. Pay for performance provides a meaas t,* tee*gmim erry+vyvcs f*1r-si_-omn ar-ti,81 &s Hm-mmovnt&�,kfi�y need additional attention. Final note. It's hard work, is time consuming, nerve wracking and so worth the effort. That's what we do.... • What are you paying people for? • What is your management philosophy? • Now broad or narrow is your job classification system and what problems are you experiencing? • Flow entrenched is past practice in the way the system works? mm"IM-90=470 =_ = M WIT1111UR-02T14791"ITIMMUN • Flexible job bands and broader pay ranges with defined criteria regarding placement with a range (skill or competency based pay, performance based pay) • More market focused • Greater emphasis on results and less on longevity or "seat time" • Emphasis on total compensation (including health care, alternative work schedules and locations, and retirement) • Flatter pay structures - fewer pay levels and fewer job classes • Fewer employees to do the work more efficiently • Pay for performance model tied to evaluation tool • Negotiated labor concessions 288 http://icma.org/en/ca/newsroom/highlights/Article/I 0 1 570/What-Is-New-and-Cutting_Ed... 7/31/2013 customer service, effective communications, safe work practices) 9=1 1111•111�pg 11� m Health care costs have remained stable while the national trend has been 10% increase per year for the past three years • Sick leave savings from non -represented employees • #-�rer $5**,Q#Q sayings rtsulting fr*rn a classificati*n ani com;iensati4in stif. • Reduced labor costs from negotiated concessions • Participation by employees in creating their own performance plans • Linkage of employee performance goals to the city's strategic plan COMMUNITY REVIEWS ff XURNIMIT4.71M 777 North Capitol Street NE, Suite 500 Washington, DC 200024201 PEW!, http://icma.org/enlcalnewsroomlhighlights/Article/l01570/What—Is—New—and—Cutting o� u,tcv � o� V s y ,rY c�tit OF CITY / SA / HA / FA MEETING DATE: August 6, 2013 AGENDA CATEGORY: BUSINESS SESSION: 2 ITEM TITLE: FORMATION AND APPOINTMENT OF TWO MEMBERS TO AN AD HOC COMMITTEE TO CONSENT CALENDAR: REVIEW GRANT REQUESTS STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Establish an Ad Hoc Committee to consider the first round of grant requests and appoint two City Council Members to this Committee. EXECUTIVE SUMMARY: • The City Grant Program was established to support community services providers and to support community marketing efforts, with priority given to organizations that directly benefit La Quinta residents (Marketing and sponsorship grants go to organizations that benefit/enhance the City's marketing efforts). • Per City Council's guidelines, the City calls for grant applications twice a year; the applications are then reviewed by an Ad Hoc Committee comprised of two Council Members. • The first round of grant applications will be submitted and an Ad Hoc Committee must be established to review these applications. FISCAL IMPACT: $40,400 has been allocated to fund 2013/14 grant requests. BACKGROUND/ANALYSIS: The City Grant Program was established to support community services providers and community marketing efforts, with priority given to organizations that directly benefit La Quinta residents (Marketing and sponsorship grants go to organizations that benefit/enhance the City's marketing effort). Completed grant applications are submitted twice a year and are initially reviewed by an Ad Hoc Committee comprised of two Council Members. The Ad Hoc Committee then provides `IU recommendations to the City Council (marketing requests that exceed $5,000 are first reviewed by the La Quinta Marketing Committee). The Marketing Committee is comprised of representatives from SilverRock Resort, La Quinta Arts Foundation, La Quinta Chamber of Commerce, La Quinta Resort & Club, Old Town La Quinta, Desert Classic Charities, FG Creative, and City of La Quinta staff. The first round Ad Hoc Committee will review and recommend grants that will be considered by the City Council on October 1, 2013. Mayor Adolph and Council Member Osborne were appointed to the second round Ad Hoc Committee in Fiscal Year 2012/2013. ALTERNATIVES: The City Council's policy is to establish an ad hoc committee to conduct the first review of all grant applications. Thus, there are no alternatives to the recommended action. Report prepared by: Robert Ambriz Jr., Recreation Supervisor Report approved for submission by: Edie Hylton, Community Services Director T4hf 4 4 a" CITY / SA / HA / FA MEETING DATE: August 6, 2013 AGENDA CATEGORY: ITEM TITLE: GOREQUEST/GOENFORCE REPORTING BUSINESS SESSION: SYSTEM UPDATE CONSENT CALENDAR: STUDY SESSION: 2 PUBLIC HEARING: RECOMMENDED ACTION: No action is required. This is an information item. EXECUTIVE SUMMARY: • A new reporting system, GORequest/GOEnforce, was launched in January 2013 to report graffiti, potholes, traffic signal malfunctions, code compliance, animal control, and other City service needs. • GORequest/GOEnforce facilitates a quick and simple means to submit service requests, via a mobile application ("app"). • Six months of data has been collected and analyzed; this data tracks how residents are reporting issues, the type and number of requests, the issues being reported, and City response times. • A majority of the requests for City services (70 percent) are still made via phone calls. Staff will be initiating additional marketing initiatives to encourage more residents to download the app and decrease the number of service calls (in order to reduce the amount staff time needed to process the phone requests). FISCAL IMPACT: None. The ongoing cost for GORequest/GOEnforce is $9,000 per year, which equates to $3.26 per request. `R BACKGROUND/ANALYSIS: As part of the City's desire to improve customer service, improve response times, and implement a work order system that improves staff efficiency, the City reviewed several automated work order systems. Some included smart phone applications that could be used by the public to submit service requests directly to City staff without phoning, faxing or emailing. In the fall of 2012, the City purchased the GORequest/GOEnforce system. The system went live in two phases; a soft launch on January 1, 2013 wherein City staff submitted requests and then a publicized launch on February 1, 2013. Since launching, 1,945 service requests have been received through June 30, 2013. By comparison, the City received 174 service requests during the first six months of 2012. Additionally, staff has generated 815 work order requests (i.e., internal work requests for regularly scheduled maintenance and from field inspection) that the system now captures, bringing the total to 2,760 requests for the first six months of implementation. GORequest also generates a variety of metrics via graphs and tables based on the category of requests received, the expected date of completion, and the user's experience with the system. A sampling of the data is provided below and represents a six-month period from January 1, 2013 to June 30, 2013: Total Requests and Requests by Department The total number of requests made by citizens of La Quinta is 1,945. A breakdown of these requests by department is as follows (Attachment 1): • 1,849 (95%) Public Works • 74 (3.8%) Building and Safety (Code Compliance/Animal Control) • 14 (0.7%) Community Services • 7 (0.4%) Planning • 1 City Clerk Public Works Total Requests by Topic The vast majority of requests were made to the Public Works Department. Top issues being reported (Attachment 2) include: • Graffiti (440) — 24% • Traffic signals (326) — 18% • Irrigation/weeds/shrub/tree trimming (271) — 15% • Debris/litter removal (249) — 13% • Street sign repair and maintenance (245) — 13% 014-x1 Open versus Closed Requests GORequest/GOEnforce assigns a tracking number to every citizen request then sends a message back to the user with the expected completion date. When setting up the system, staff assigned completion times between one and ten working days depending on the complexity of the issue. The City has met these completion time frames for those requests that do not require additional procedures or steps to rectify. However, certain issues such as code compliance and traffic signal timing modifications take longer because they require additional review and/or more time has to be allowed, per the Municipal Code, for certain notifications. As indicated in Attachment 3, 97 percent or 1,885 requests submitted from January 1, 2013 to June 30, 2013 have been closed. The remaining 60 requests require additional time to close due to the aforementioned requirements. Individual department metrics for open versus closed requests is shown on Attachment 4, and are summarized as follows: • Building & Safety — 18% • City Clerk — 100% • Community Services — 100% • Planning — 25% • Public Works — 75% Attachments 5, 6 and 7 give a categorical breakdown of open versus closed requests for Building & Safety, Planning, and Public Works, respectively. Frequently Asked Questions (FAA's) Usage Another important metric is the number of people who are able to gain answers to their questions without involving City staff. Attachment 8 shows the number of users in blue (a total of 75) that were able to find their answer from the GORequest/GOEnforce Frequently Asked Questions (FAQ) page. How Issues Are Reported Staff is also interested in knowing how residents are accessing the system to make their requests. This metric (Attachment 9) gives the City an idea of how effective the marketing of GORequest/GOEnforce has been thus far. The results are as follows: • 69% are still being called in to City Hall staff • 20% using website to access system • 11 % using iPhone or Android • Minimal using email `Ut1 Since the main focus of GORequest/ GOEnforce is to allow residents to submit with the least amount of administrative time required by staff, this data indicates that more marketing is needed to drive more business toward smart phones (with the default being the website) versus telephone submissions, which requires more staff time to respond. Survey Results GORequest/GOEnforce automatically surveys users about their experience when using the system. Attachment 10 indicates that employee effectiveness, response time, employee courtesy, and meeting user expectations were all "superior" or "good" ratings. This indicates high user satisfaction. Report prepared by: Timothy R. Jonasson, P.E. Public Works Director/City Engineer Report approved for submission by: Frank J. Spevacek, City Manager Attachments: 1 . Total Requests and Requests by Department 2. Public Works Total Requests by Topic 3. Open versus Closed Requests 4. Open versus Closed Requests by Department 5. Breakdown of Open versus Closed Requests for Building & Safety 6. Breakdown of Open versus Closed Requests for Planning 7. Breakdown of Open versus Closed Requests for Public Works 8. Frequently Asked Questions Usage 9. How Requests Are Reported 10. Customer Satisfaction Survey Results 014-10 ATTACHMENT 1 0 - . i . = Building and Safety 74 City Clerk I Community Services 14 Planning 7 Public Works 1849 Total Number of Requests by Department Jan 1st • Jun 30th 2013 1 2000 1800 1600 1400 1200 1000 800 600 400 200 0 Building and Safety City Clerk Community Services Planning ATTACHMENT 2 �Po S ��3 J flq Se.®f k@da a 7 OfOf � 9a O�4 ■ '4P O' .r3a sJ aORE s a �d p o �'o V 07� a n ad;rP CL r ++VI fir d�L 6r 10 A 9� cr oa �i ' ter', �ar 0°i°y 90a a J Oa f4d; FY s AsS�. �O'd Ja r y� v� Edd' 'pe .1 A . i e� Jf S� JG a trQf � do sc, P� aP soDr �'O' Nr w917 �d ry o� Qi� GPV RUM ATTACHMENT cloe 44 co ti 04 cc cc co CD co ATTACHMENT 4 RequestsOn-Time r Date Period From1 1 1 Throe 1 ISO I 60 4 0 a ATTACHMENT 5 Requests Closed On -Time - Department Building and Safety For Date Period From 01/01/2013 Through 0613012013 100% lea Be 68 46 20 a 16111t ATTACHMENT 6 iee as Be 40 28 B Requests Closed On -Time - Department Planning For Date Period From 01 /01 /2013 Through 06/3012013 ,may '°' c � Ga� 191111 ATTACHMENT 7 1 a COD Vq e or 1#da P'6oi 0! .44s rags sy yaAa� 6601 r a200,'& va ils, e�a1 . rW,�ri�fs4r v o sarys �� a da S v U0J"J`��a� �,,°�S sU��� . Jol�aa�6' �IP�api 100L . 96, 8aU UI g s aaa� � a6a a b s41�p vy6•�4i�y� 1 Ui cy OlR 40 y6a�n'� S4Q'°a o1.D Q� °' 4i,r � cyl1&4o s0 r a lvoa �� tva �ssrrva� 4s,1 0 �r 5}-, 1 4 srf anssr �'cy vv�J d'�a Y r s 1911 ATTACHMENT 8 Frequently Asked Questions Usage For Date Period From 01/01/2013 Through 06l3012013 Viewed ❑ Viewed and Clicked on Make Service Request 11 0 Graffiti Removal (Right -of -Way) - 1071 gationlWeeda+ShrublTreeTrimming - 1040 Other - Code Enforcement Traffic Signals - 1082 Pothole or Street Repair - 1001 Public Records Requests Park Information rislLitter Rem ova URight of Way Maint - 1011 Noise Cannot Find my Issue Abandoned Vehicle Trash Pickup! Waste & Recycling Dead Animal Street Sweeping - 1025 Business License Dust Control - 102B Document Central Overgrown Weeds Public Works InspectiorVConstruction Issues City Council Meetings Facility Rentals ting - Medians & Public Right -of -Way - 10133 Sewer Zoning Sign Permits Street Sign Install (New) - 1009 Animal Injured or in distress Park Maintenance Animal Control Violation Investment Advisory Board Student Outreach Program - Public Works 2 4 6 S 10 12 14 16 13 20 22 1 1911191 ATTACHMENT 9 ReportedHow Requests Are For Date Pedod From 01101 13 Through 0 012 13 1 Android Cl Emafl ■ Whone r] Other ❑ Rhone ❑ Web ..... airs Em par"ajage6 roaded to to t ADIS 06rdshl, 1911111 ATTACHMENT 10 Ln tA QJ LU cc 0 0 (D (U 0 0 E E LU uj in ce 04 a) 0 0 0 0 0 0 0 0 0 W 0 0 0 0 0 (D qe CL a- m cl) co co 0 z 0 z 0 z 0 m m 191110 kn 4-9 (U 7 Ln c .9 4-) to 4-1 u cu x uj I 0 1 L -A W Z KiIrA OFTKY' AGENDA CATEGORY: CITY/SA/HA/FA MEETING DATE: August 6, 2013 BUSINESS SESSION: ITEM TITLE: BRAND IDENTITY REVIEW CONSENT CALENDAR: STUDY SESSION: 3 PUBLIC HEARING: RECOMMENDED ACTION: Provide staff direction regarding the Brand Identity. EXECUTIVE SUMMARY: Every few years the Brand Identity should be reviewed. As a precursor to new marketing campaigns and graphic updates, staff has prepared a Brand Positioning Statement for Council's consideration and a review of the current Brand Promise. FISCAL IMPACT: None at this time. BACKGROUND/ANALYSIS: Brand Identity is the cornerstone of successful marketing. It's the DNA of a place, what it is made of, what it passes from generation to generation. It is authentic and indicates what makes a place different from others. A major part of a brand's identity is the Positioning Statement. The statement is internal and its purpose is to guide the marketing decisions of the City. It articulates the unique qualities of the city and defines where it stands in the market. Brand Positioning Statement FG Creative collected information from residents and tourists about what they value about La Quinta. The survey results were used to craft the following Brand Positioning statement: "The City of La Quinta's quaint setting tucked in the cove of the Santa Rosa Mountains presents the premier playground for active living. Known for its pristine surroundings, the community inspires art and culture, health, wellness and serenity among its visitors and residents. Resort escapes, world -class golf, healthy dining, 1611 boutique shops, and the historic charm of the Village, La Quinta is the getaway you deserve for a week, a month, a lifetime." • Do you agree that this positioning statement accurately defines and describes La Quinta? • Is there anything that should be added or removed from the positioning statement? Another key tool in a Brand Identity is the Brand Promise. This is an external message that is often thought of as a "slogan". A Brand Promise is a short, concise message that delivers on the Positioning Statement. Brand Promise For over 30 years the Brand Promise has been the "Gem of the Desert." The promise exemplifies the quality surroundings and experiences that people have come to expect when they visit, live, work, shop or play in La Quinta. The brand promise should continue to be a message that is integrated into print, online, radio and television promotion. • Does the Brand Promise continue to resonate for the City? • Does the City Council desire to change or modify the Brand Promise? A review of the Brand Identity should be conducted every few years to identify changes or updates to the Brand Position or Brand Promise. It is these tools that drive the creative development for new marketing campaigns and graphics updates. Next Steps Once the Brand Positioning Statement and Brand Promise are affirmed, staff will bring forward additional updates this fall. These include: • Updates to the City's marketing logo. • New marketing campaigns, including new taglines, fonts, and color schemes. Report prepared by: Tustin K. Larson, Recreation Supervisor Report approved for submission by: Edie Hylton, Community Services Director Kit Department Report: D 1 � f�Gl'�IGv O F I1 TO: Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, Public Works Director/City Engineer DATE: August 6, 2013 SUBJECT: UPDATE ON TRACT MAP NO. 32879, GRIFFIN RANCH At the City Council meeting of January 15, 2013, there was a developer request to extend the time to complete the on- and off -site improvements for Griffin Ranch (Tract Map No. 32879). This entity requested the extension because they were negotiating the sale of the Griffin Ranch property. The Council directed staff to monitor the situation and bring an update back to Council in six months. The negotiations were complicated and lengthy. However, escrow finally closed on July 31, 2013. The new builder of the Griffin Ranch property is obligated to construct the new clubhouse and will likely build out the entire project, including completing the on- and off -site improvements. Staff is monitoring the situation and will provide a formal update to Council at the September 17, 2013 meeting. K111t T4hf 4 4 a" AGENDA CATEGORY: CITY SA / HA / FA MEETING DATE: August 6, 2013 BUSINESS SESSION: ITEM TITLE: RESOLUTIONS TO APPROVE PLANS TO CONSENT CALENDAR: SUBDIVIDE AN APPROXIMATELY 7.3 ACRE SITE INTO ELEVEN LOTS, LOCATED NEAR THE STUDY SESSION: SOUTHWEST CORNER OF MADISON STREET AND CALLE CONCHITA PUBLIC HEARING: 1 RECOMMENDED ACTION: Adopt a Resolution certifying a Mitigated Negative Declaration of environmental impact and associated Mitigation Monitoring Program for Environmental Assessment 2012-621; and, Adopt a Resolution approving Tentative Tract Map 36403, subject to certain Findings and Conditions of Approval. EXECUTIVE SUMMARY: The applicant proposes to subdivide an approximately 7.3-acre site into eleven single- family residential lots. The proposed subdivision conforms to the design guidelines and standards of the City of La Quinta General Plan and the La Quinta Municipal Code (LQMC). FISCAL IMPACT: None. BACKGROUND/ANALYSIS: The project site is located near the southwest corner of Madison Street and Calle Conchita, encompassing three parcels: Lots 7 and 8 of Tract 3686 (previously approved in the 1960's), and an adjacent parcel to the south (Attachment 1). The northern portion of the site is an abandoned citrus grove and the southern half is currently vacant. The property is zoned Low Density Residential and is located within an Equestrian Overlay district, which permits equestrian -related accessory uses. To the south of the project site is a 24-lot subdivision, with lot sizes ranging between 8,000 and 12,000 square feet. The property is graded and a perimeter wall has been K11V constructed, but no homes have been built to date. Andalusia at Coral Mountain is located generally to the north, east, and west of the project site. Andalusia is partially developed and includes undeveloped lots ranging in size from 10,000 to 17,000 square feet. The proposal is to subdivide the subject property into eleven single-family lots varying in size from 20,000 to 26,000 square feet (Attachment 2). Access will be provided from Madison Street via Calle Conchita. The lots will be accessed from a public "L"- shaped cul-de-sac street. The Tentative Tract Map, as conditioned, incorporates street and parcel designs that are in compliance with applicable General Plan goals, policies, and programs. The project is consistent with the General Plan, zoning and development standards. The proposed map represents a density of 1 .5 units per acre, which is lower than the density planned for Andalusia (maximum 4 units per acre) and the adjacent 24 lot subdivision (3.2 units per acre). Furthermore, the proposed lots are significantly larger than the adjacent 24-lot subdivision and will have similar pad elevations. The proposed map is subject to LQMC Section 9.50.020, which limits building heights within 150 feet of an identified image corridor to a single -story, not to exceed 22-feet in height. A condition of approval has been proposed limiting lots 9 through 11 to a maximum single -story building height of 22 feet. The proposed map is also subject to LQMC Section 9.50.100, which identifies unique development standards applying to all new subdivisions less than ten acres in size located in the southern segment of the community. This map has been designed to be consistent with these standards. A block wall will be constructed along the property perimeter. Custom homes are proposed for the lots, thus a site development permit was not submitted. Consequently, a final landscaping plan will be required for the common and perimeter landscaping areas. This plan will be reviewed by the Architecture and Landscaping Review Board and approved by the Planning Commission prior to Final Map approval. COMMISSIONS/BOARD/COMMITTEE RECOMMENDATIONS: On March 15, 2012, the Historic Preservation Commission reviewed and unanimously approved the Phase I Archaeological Resources Survey Report for the project including the staff -recommended conditions of approvals. On July 23, 2013, the Planning Commission unanimously recommended City Council approval of the proposed map and its associated Mitigated Negative Declaration and Mitigation Monitoring Plan (Attachment 3). The Commission revised Condition No. 74 to include Planning Commission review and approval of the Final Landscape Plans. K1i9'. AGENCY AND PUBLIC REVIEW: This request was sent to all applicable City departments and affected public agencies on August 30, 2012. All applicable comments received have been incorporated in the recommended Conditions of Approval. The public hearing for this project was advertised in The Desert Sun newspaper on July 26, 2013, and mailed to all property owners within 500 feet of the site. To date, no comments have been received. ENVIRONMENTAL REVIEW The La Quinta Community Development Department prepared Environmental Assessment 2012-621 for this project, in compliance with the requirements of the California Environmental Quality Act. The Community Development Director determined that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent and mitigation measures have been incorporated, and therefore, is recommending the Mitigated Negative Declaration and associated Mitigation Monitoring Program be certified. ALTERNATIVES: Alternative actions include denying the proposed map, or direct it back to the Planning Commission for further consideration as deemed appropriate by City Council. Report prepared by: Jay Wuu, Associate Planner Report approved for submission by: Les Johnson, Community Development Director Attachments: 1 . Project Area Site Map 2. Proposed Tentative Tract Map 36403 3. Minutes of July 23, 2013 Planning Commission meeting KIE11 KIR CITY COUNCIL RESOLUTION 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ASSOCIATED MITIGATION MONITORING AND REPORTING PROGRAM PREPARED FOR TENTATIVE TRACT MAP 36403 CASE: ENVIRONMENTAL ASSESSMENT 2012-621 APPLICANT: CONSTANCE SCHIVARELLI WHEREAS, the City Council of the City of La Quinta, California did, on the 6t" day of August, 2013, hold a duly noticed public hearing to consider a request by Constance Schivarelli to adopt Environmental Assessment 201 2-621 , prepared for Tentative Tract Map 36403, which proposes to subdivide approximately 7.3 acres into eleven lots, generally located on the southwest corner of Madison Street and Calle Conchita, more particularly described as: APN: 766-090-008, 766-090-010, 766-080-009 WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 23" day of July, 2013, hold a duly noticed Public Hearing to consider a recommendation on said Environmental Assessment, and after hearing and considering all testimony and arguments, did adopt Planning Commission Resolution 2013-01 1, recommending to the City Council adoption of Environmental Assessment 2012-621; and, WHEREAS, said Environmental Assessment complies with the requirements of "The Rules to Implement the California Environmental Quality Act ("CEQA")of 1970" as amended (Resolution 83-63), in that the Community Development Director has conducted an Initial Study (Environmental Assessment 2012-621) and has determined that although the proposed project could have a potentially significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent and mitigation measures have been incorporated. Therefore, the Community Development Director is recommending that a Mitigated Negative Declaration of environmental impact and associated Mitigation Monitoring Program be certified; and, WHEREAS, the Initial Study/Mitigated Negative Declaration concluded that implementation of the project could result in a number of significant effects on the K11r City Council Resolution 2013- Environmental Assessment 2012-621 Constance Schivarelli August 6, 2013 Page 2 environment and identified mitigation measures that would reduce the significant effects to a less -than -significant level; and, WHEREAS, in connection with the approval of a project involving the preparation of an initial study/mitigated negative declaration that identifies one or more potentially significant environmental effects, CEQA requires the decision - making body of the lead agency to incorporate feasible mitigation measures that would reduce those significant environmental effects to a less -than -significant level; and, WHEREAS, the Initial Study/Mitigated Negative Declaration concluded that implementation of the project could result in a number of potentially significant effects on the environment, mitigation measures have been identified, and included in the Mitigation Monitoring Program, to reduce the significant effects to a less - than -significant level; and, WHEREAS, the Community Development Department mailed and published a Notice of Intent to adopt a Mitigated Negative Declaration in compliance with Public Resources Code Section 21092 on the 15t" day of July, 2013 to the Riverside County Clerk; and, WHEREAS, the Community Development Department published a public hearing notice in The Desert Sun newspaper on July 26, 2013, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify adoption of said Environmental Assessment: 1. That the Mitigated Negative Declaration and associated Mitigation Monitoring Program has been prepared and processed in compliance with the State CEQA Guidelines and the City's implementation procedures. The City Council has independently reviewed and considered the information contained in the Environmental Assessment, and finds that it adequately describes and addresses the environmental effects of the project. Based upon the Initial Study, the comments received thereon, and the entire record of proceeding for this project, including the K11n City Council Resolution 2013- Environmental Assessment 2012-621 Constance Schivarelli August 6, 2013 Page 3 Mitigation Monitoring Program, the City Council finds that there are no significant environmental effects resulting from this project. 2. The project will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant impacts were identified by Environmental Assessment 2012- 621 that cannot be mitigated by the Mitigation Monitoring Program. 3. The project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number, or restrict the range of, rare or endangered plants or animals or eliminate important examples of the major periods of California history, or prehistory. 4. There is no evidence before the City that the project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. 5. The project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified under Environmental Assessment 2012-621 that cannot be mitigated by the Mitigation Monitoring Program. 6. The project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the City will not be significantly affected by the project. 7. The project will not create environmental effects that will adversely affect the human population, either directly or indirectly, as no significant impacts have been identified which would affect human health, risk potential or public services. 8. The City Council has fully considered the proposed Mitigated Negative Declaration and associated Mitigation Monitoring Program and any comments received thereon, and there is no substantial evidence in light of the entire record that the project may have a significant effect on the environment that cannot be mitigated by the Mitigation Monitoring K11E. City Council Resolution 2013- Environmental Assessment 2012-621 Constance Schivarelli August 6, 2013 Page 4 Program. 9. The City Council has considered Environmental Assessment 2012-621 and said assessment reflects the independent judgment of the City. 10. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 11. Based upon the Initial Study and the entire record of proceedings, including the Mitigation Monitoring Program, the Project has no potential for adverse effects on wildlife as that term is defined in Fish and Game Code §71 1 .2. 12. The location of the documents which constitute the record of proceedings upon which the City Council decision is based upon, are located in the La Quinta City Hall, Community Development Department, 78495 Calle Tampico, La Quinta, California, 92253. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and correct and constitute the findings of the City Council for this Environmental Assessment. SECTION 2. That it does hereby adopt Environmental Assessment 201 2-621 , which includes a Mitigated Negative Declaration and associated Mitigation Monitoring Program for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist, attached and on file in the Community Development Department. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 6t" day of August, 2013, by the following vote to wit: AYES: NOES: K11. City Council Resolution 2013- Environmental Assessment 2012-621 Constance Schivarelli August 6, 2013 Page 5 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 1GY To: County Clerk Countv of Riversift MI ff-Umm'r - U"MR1 AM MET= 2724 Gateway Drive Riverside, CA 92507 From: City of La Quinta 14111--1 Subject: The City of La Quinta intends to adopt a Mitigated Negative Declaration for Environmental Assessment 2012- 621 in compliance with Section 21092 et.seq. of the Public Resources Code, with respect to the project more fully described herein. Project Title: Environmental Assessment 2012-621 Tentative Tract Map 36403 State ClearInAhouse Number Lead Agency/Contact Person Telephone N/A City of La Quinta/Les Johnson 760-777-7125 Project Location (include County): The southwest corner of Madison Street and Calle Conchita, within the City of La Quinta, County of Riverside. P�oject Description: The applicant proposes to subdivide 7.3 acres into 11 single family lots having a minimum lot size of 20,000 square feet and one parcel for stormwater retention purposes. Access to and from the project will be via a single public cul-de-sac street extending from Calle Conchita, which connects to Madison Street. The Community Development Director has determined that although the proposed project could have a potentially significant effect on the environment, there will not be a significant effect in this case becausff- revisions in the project have been made by or agreed to by the project proponent and mitigation measures have been incorporated. Therefore, the Community Development Director is recommending that a Mitigated Negative Declaration of environmental impact and associated Mitigation Monitoring Program be certified. The Initial Stud y/Envi ro nmenta I Assessment and all documents referenced therein along with the Mitigated Negative Declaration are available for review and copying Monday through Thursday 7:30 a.m. to 5:30 p.m., and Friday 8:00 a.m. until 5:00 p.m. at the Community Development Department, La Quinta City Hall, 78- 495 Calle Tampico, La Quinta, California. The public is invited to comment on the Mitigated Negative Declaration during the public review period beginning on July 14, 2013 and ending on August 6, 2013. For more information or assistance, please contact Jay Wuu, Associate Planner at 760-777-7125. Planning Commission Action: The La Quinta Planning Commission will consider the Mitigated Negative Declaration at a public meeting tentatively scheduled for July 23, 2013, to be held at 7:00 p.m. in the Study Session Room, located at 78- 495 Calle Tampico, La Quinta, CA 92253. City Council Action: The L Q City Council will consider the Mitigated Negative Declaration at a public meeting tentativeiy or a ' ' I scheduled or ugust 6, 2013, to be held at 7:00 p.m. in the Study Session Room, located at 78-495 Calk, Tampico La. I uinta, CA 92253. 1. 2. 3. 4. 5. 6. 7. California Environmental Quality Act Initial Study as required by Sec. 15063 of the Public Resources Code) To be completed by the lead agency Project Title: Environmental Assessment 2012-621 Tentative Tract Map 36403 Project Location: City of La Quinta 78-495 Calle Tampico # ma- C.1 92253 ....... . . . . . 760-777-7125 corner v t liauusklix N R %77 MTV Calle Conchita, La Quinta. Constance Schivarelli P.O. Box 764 Zvxch* 1%kr&gYXj,,L& 9221A UUMMM 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) The applicant proposes to subdivide 7.3 acres into I I single family lots having a minimum lot size of 20,000 square feet and one parcel for stormwater retention purposes. Access to and from the project will be via a single public cul-de-sac street extending from Calle Conchita, which connects to Madison Street.. 9. Surrounding Land Uses and Setting: Briefly describe the project's surroundings: North: Vacant lands/Existing single family residence (Low Density Residenti South:, Vacant lands/Single family residential (Low Density Residential) East: Madison Street/Single family residential (Low Density Residential) West: Vacant lands (Low Density Residential) I 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement): sm 322 The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated byte checklist on the following pages. 0 Aesthetics 0 Biological Resources A Mineral Resources 0 Public Services 0 Utilities / Service Systems 0 Agriculture Resources 0 Cultural Resources 0 Noise 0 Recreation 0 Mandatory Findings of Significance On the basis of this initial evaluation: ..*.-'Air Quality Geology/ Soils A Land Use / Planning I Population Housing 0 1 find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. 0 1 find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. 0 1 find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. 0 1 find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier FIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursua f t to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigakpn pleas res that are imposed upon the proposed project, nothing her is required. 7 S 0014MM, M= WM IBM City of La Ouinta For -2- 323 I a Off., X Key-0 9 1141,24 N a : NO LVA I W.. N 0 L& I a a 1 130 a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. C) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever forniat is selected. 9) The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significance 324 1. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a scenic vista? (La Quinta General Plan Exhibit 3.6 "Image Corridors") b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Aerial photograph; Site Inspection) c) Substantially degrade the existing visual character or quality of the site and its surroundings? (Application materials) d) Create a new source • substanti light or glare which would adversel affect day • • views in the area? (Project description) Less Than Les• ig � Than Significant w/ S n1ficant gation Impact 0 91 F19 1. a)-c) The proposed project will result in the construction of 11 single family home The City's Zoning Ordinance allows single and two story homes to be built in t Low Density Residential designation. This type of development is consiste with development currently under way or planned in the vicinity of the site. T site and surrounding area are some distance from the Santa Rosa Mountains, a construction of the homes will not block views to these mountains. There are no significant trees, rock outcroppings or historic structures on the site. The site is located along Madison Street, which is designated an Agrarian Image Corridor in the General Plan. As such, the project proponent will be required to meet setback and landscaping requirements for the corridor, to improve the aesthetic appearance of Madison Street in front of the property. Impacts associated with scenic resources are expected to be insignificant. d) The construction • 11 houses will result in minor increases in light generation at the site, primarily due to house and landscape lighting and vehicle headlights. Vehicle headlights will be intermittent and temporary and will not impact the area. The City imposes strict standards for landscaping and residential lighting, which is required to contain lighting within the site boundaries. Impacts associated with light are therefore expected to be insignificant. -4- 325 11. AGRICULTURE RESOURCES: Would the r)roiect: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? (General Plan EIR p. 111-21 ff.) b) Conflict with existing zoning fo Rg ricultural use, or a Williamson Al i contract? (Zoning Map) c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non- agricultural use? (General Plan Land Use Map; Site Inspection) Potentially Less Than Less Than Significant Significant w/ Significant Impact gation . Impact B KI 0 KI 11. a)-c) The southern portion of the project site was previously developed as a sing family home and is not currently in agriculture. The northern portion of t project site is a former orchard which has been left fallow for a number of year Northwest of the project site is one single family home and to the north and we are vacant lands which are not currently in agriculture. The development of t site will not impact the ability of these lands to be used for agriculture. Overa however, there is no significant agriculture in the area, and the land has be 11 designated in the General Plan for urban uses. There are no Williamson A contracts on or adjacent to the property. No impacts to agriculture are expectedi -5- 326 111. AIR QUALITY: Would the project: 2) Conflict with or obstruct implementation of the applicable air tuality plan? (General Plan EIR) b) Violate any air quality standard or contribute substantially to an existing *r pIiI IIIII III hill rojected air quality violation? (SCAQMD CEQA HandbookIII ; CalEEMod) c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD, Final 2012 Air Quality Management Plan; CalEEMod Model) 1) Expose sensitive receptors to gubstantial pollutant concentrations? (CalEEMod Model; Appedix C- Mass Rate LST Look -up Table) t) Create objectionable odors affecting 2 substantial number of people? (Application materials) either directly or indirectly, that may have a significant impact on the environment? (Project description) g) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? (Project Vescription) Potentially Less Than Less Than Significant Significant w/ I Significant Impact gation Impact F, 0 ER 0 P III. a) The proposed project site is located within the Salton Sea Air Basin (SSAB), which is governed by the South Coast Air Quality Management District (SCAQMD). SCAQMD is responsible for monitoring criteria air pollutant concentrations and establishing management policies for the SCAB. The project will be developed in accordance with all applicable air quality management plans, including the recently adopted 2012 Air Quality Management Plan (2012 AQMP). -6- 327 The AQMP is a comprehensive plan that establishes control strategies and guidance on regional emission reductions for air pollutants. It was based, ;in part, on the land use plans of the jurisdictions in the region. The proposed project is consistent with the City of La Quinta's land use designations assigned to the subject property, and therefore, is consistent with the intent of the AQMP. _t" c) Both the construction and operational phases of the proposed project will result in the release of criteria air pollutants. The California Emissions Estimator Model (CalEEMod) was used to project air quality emissions that will be generated by construction and operation of the proposed project. Construction and operational emissions are described individually below. Table 1 summarizes the short-term construction -related emissions, and Table 2 summarizes the ongoing emissions that will be generated al operation. Construction activities result in the emission of criteria air pollutants from site grading and ground disturbance, operation of construction equipment, building construction, and off gassing from paving and architectural coatings. Construction related air pollutants and greenhouse gas emissions are temporary and end once construction is complete. For analysis purposes, it is assumed that construction will occur in one phase over a 1 2-month period from January 2014 to December 2014. Project buildout will result in 11 single-family homes averaging 5,000 square feet each. As shown in Table 1, emissions generated by construction activities will not exceed SCAQMD thresholds of significance for criteria air pollutants. The data reflect average daily emissions over the one-year construction period, including both summer and winter weather conditions. It should be mentioned that the Table below shows the projected unmitigated emissions. Implementation of mitigation measures during construction will further reduce emission levels. Applicable mitigation measures include, but are not limited to, the implementation of dust control practices in conformance with SCQAMD Rule 403, proper maintenance and limited idling of heavy equipment, and the use of low -polluting architectural paint and coatings. Impacts to air quality from construction of the proposed project for criteria pollutants, therefore, are expected to be less than significant. 'P . Niorm-1 (Pounds per day) CO NOx ROG S02 Construction 56. Emissions' 25.40 38.96 56, �89:6 :] 550.0 100.0 75.10 SCAQMD Thresholds 0 0 0 . . I iti t Average winter and summer emissions, unmitigat occur in 2014. Source: CaIEEIVIod model, version M1 PM10 PM2.5 10.05 5.25 150.0 150.00 55.00 0 IWOT17=1• Operational Emissions Operational emissions occur over the life of the project that result from area sources (landscaping equipment, consumer products etc.), energy sources (electric and natural -7- 328 gas demand), and mobile sources (vehicles). As shown in Table 2 below, operationm emissions will not exceed SCAQMD thresholds of significance for any criter' pollutants. i Table 2 Operation -Rellated Emissions Summary JPounds per day) CO NO. ROG S02 PM10 PM2.5 0.94 0.01 1.70 0.05 0.11 0.01 7.74 4.35 0.96 Total Emissions' 8.73 4.47 2.67 SCAQMD Thresholds 550.00 100.0 75.0 0 0 ' Average winter and summer emissions, unmitigated. riource: CaIEEMod model, version 2011. 1. 1. 0.00 0.02 0.02 0.00 0.01 0.01 0.01 1.19 0.15 0.01 1.22 0.18 150.0 150.0 55.00 0 0 The Coachella Valley portion of the Salton Sea Air Basin (SSAB) is currently Vesignated nonattainment for ozone (8-hours) and PM1o. A request to re -designate the Basin as being in attainment for PM10 was sent on April 28, 2010; however, the greater region is currently designated "serious" non -attainment by the EPA, and federal re-clesignation for PM10 in the Coachella Valley is currently pending (April 2013). In *rder to achieve attainment in the region, an Air Quality Management Plan was ?.dopted establishing strict measures to reduce current emission rates to acceptable rvtandards. The Final 2012 AQMP relies on a comprehensive and integrated control iipproach aimed at achieving the 8-hour ozone standard by 2027, based on implementation of additional long-term measures. The proposed project will contribute to an incremental increase in regional ozone and PMloemissions. However, this impact is not expected to be cumulatively considerable. Project construction and operation emissions will not exceed SCAQMD thresholds for *zone precursors (NOx and ROG), and the City will require the preparation of PM10 management plans for construction. The project will not conflict with any attainment plans and will result in less than significant impacts. d) The nearest sensitive receptor to the subject property is the existing single-family residence located immediately north of the site. As shown in Tables 1 and 2 above, average daily emissions are not expected to exceed SCAMQD thresholds during project construction or operation. However, NOx (precursor to ozone), PM1o, and PM2.5 are also pollutants of local concern in the Coachella Valley, and it is important to address their potential impact to sensitive receptors near the project site. Localized Thresholds of Significance were determined using the Mass Rate LST Look- up Table for a 5-acre site, 25 meters from a sensitive receptor in the Coachella Valley. Analysis indicates that NO., PM10 and PM2.5 emissions will not exceed localized thresholds during the construction phase of the project. Additionally, construction emissions and associated impacts will be further minimized through the implementation of effective dust control practices in conformance with SCAQMD Rule -8- IGYRI 403. These include, but are not limited to, the use of soil stabilizers, routine watering of unpaved roads and disturbed surfaces, reduced vehicle speeds on unpaved roads, routine cleaning of roads, and covering of import/export soils during transport. The project will result in the development of 11 single-family homes, and is no! expected to create objectionable odors. f, g) The proposed project will generate greenhouse gas emissions both during the construction phase and during operation at build out. Based on the CaIEEIVlod model, construction emissions will generate approximately 227.81 metric tons of CO2 equivalents over the construction period of 12 months. Construction related greenhouse gas production will be temporary and will end once the project is completed. *peration of the proposed project will create on -going greenhouse gases through the consumption of electricity and natural gas, moving sources, and the transport and pumping of water for domestic use. Table 3 describes annual (unmitigated) operational GHG generation. Table 3 Annual Operational GHG Summary Mitigated (Metric Tons/Year) Emission Source CO2 CH4 N20 1.07 69.44 --- --- 191.76 0.01 2.58 0.15 8.28 0.02 273.13 0.18 --- 277.47 State legislation aims for the reduction of greenhouse gases to 1990 levels by 2020; however there are currently no thresholds for greenhouse gases. Statewide programs and standards will help reduce GHG emissions generated by the project, including new fuel -efficient standards for cars, and increasing amounts of renewable energy, which will help reduce greenhouse gas emissions in the future. The proposed project will also be required to implement the CalGreen Building and Cal Energy Codes at the time that building permits are issued. The City's GHG Reduction Plan also includes measures that will assist in the reduction of emissions from the proposed project. These codes and the plan include energy efficiency standards which are much more stringent than they have been in the past. The greenhouse gases generated by the proposed project will have a less than significant impact on the environment and will not conflict with an applicable plan, policy or regulation. -9- 330 the project: a) Have a substantial .• effect, either directly or through habitat modifications, on any species identifie as a candidate, sensitive, •r' special status species in local • regional plan policies, or regulations, or by the California De.!artment of Fish and Ga • U.S. Fish and Wildlife Service (General Plan MEA, • 78 • Have a • adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (General Plan MEA, p. 78 ff.) c) Have a substantial adverse effect • federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal •••l. •. etc.) through direct removal, filling, hydrological interruption, • other means? (General Plan MEA, • • Interfere substantially with the movement of any native resident or migratory fish or wildlife • or with established native resident • migratory wildlife corridors, or impede the use of native wildlife nursery sites? (General Plan MEA, p. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? (General Plan MEA, • f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? (General Plan MEA, p. 78 ff.) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact FR ER U *4 M V. a) A biological resource assessment was completed for the proposed project'. The survey found that the property • of former citrus and date palm orchard that had long since been abandoned, along with patches of tamarisk and disturbed saltbush scrub. Evidence of former structures and debris dumping was noted. The site survey found no sensitive plants • the project site. The site - survey also did not identify evidence of any sensitive animal species on the site. The City of La Quinta is a participant in the Coachella Valley Multiple Specie� Habitat Conservation Plan. The Plan does not identify conservation areas in th4 vicinity of project site. b)-f) The project area does not contain any riparian haritat. The site includes a stand of non-native tamarisk and citrus trees , which could harbor nests of species protected under the Migratory Bird Treaty Act. Should the project proponent initiate ground disturbing activities during the nesting season (February through August), the City requires that the applicant comply with the Act. This City standard assures that the impacts to nesting birds are reduced to less than significant levels. The proposed project area is within the area covered • the Coachella Valley Multiple Species Habitat Conservation Plan. The project area is not in a conservation area under the MSHCP, and as such is required to pay a mitigation fee. There will therefore be no conflict with the Plan, and no impact is expected. "General Habitat Assessment" prepared by Scott Cameron, Ecological Sciences, Inc., January 12, 2011 _11- 1919YA V.-C—ULT URAL RESOURCES Would the project: a) Cause a substantial adverse change ir the significance of a historical resource as defined in '15064.5? (General Plan MEA p. 123 ff.) b) Cause a substantial adverse change in the signcance of an archaeological resource pursuant to '15064.5? (Genera� Plan MEA p. 123 ff.) c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? (General Plan MEA p. 88 ff.) Potentially Less Than Less Than Significant Significant wl Signif icalnt Ifi Impact Mitigation Impact F.9 9 a d) Disturb any human remains, including x those interred outside of formal cemeteries? (General Plan MEA p. 123 ff.) V. a) The project site is currently vacant. A garage built in the 1970's was demolished in 2011. There are no historic structures on the site, and previous surveys have not identified historic structures. There will therefore be no impact associated with historic structures as a result of the proposed development. b) Almost all of the lands within one mile of the project site have been reviewed prior surveys. The Cultural Resources report2 notes that the southern half of t y project site has been reviewed under at least four prior cultural resource surve The report notes that over 100 historic/archaeological sites and isolates ha been recorded within a one mile radius of the project. However, no culturj�-',l resources have been recorded or identified within or immediately adjacent to t boundaries of the project site. The report also reiterated that archaeologic resources may occur beneath the surface of the site, and that their disturban would constitute a potentially significant impact. As a result, mitigation measur must be imposed to assure that no archaeological resources are impacted duri the grading of the project site, as follows: 1 . An archaeological monitor shall be present on and adjacent to the project site during all ground disturbances. The monitor shall be empowered to stop and redirect construction activities should a buried resource be uncovered, and the City shall be immediately notified. Proof of retention of a monitor shall be provided in writing to the City prior to the tiation of any ground disturbing activity. The monitor shall deliver a report of any findings within 30 days of the conclusion of precise grading on the site to the Planning Department. Any resources identified shall be professionally processed and curated. 2 "Historical/A-rchaeological Resources Survey Report" prepared by CRM Tech, January 12, 2012 -12- 333 c) The proposed project site lies in the vicinity of the ancient Lake Cahuilla lakebed. The Paleontological Resources report' states that the proposed project has a low to indeterminate potential for impacting vertebrate paleontological resources, but may have a high impact potential for Holocene -age invertebrate remains among undisturbed soil areas. The report recommends that grading, trenching, and excavations beyond the top two feet of soils shall be monitored for fossil remains. Vegetation removal and leveling of surface soils would not require monitoring. The report recommends standing policies on excavation monitoring, resource collection, and the reporting of findings as mitigation measures. As a result, the following mitigation measures shall be taken, as follows: 1 . On- and off -site trenching and rough grading shall be monitored by a qualified paleontologist. The monitor shall salvage fossils, and shall be empowered to temporarily halt or divert equipment. Recovered specimens shall be prepared to the point of identification and permanent preservation. All excavation below a depth of two feet should be monitored to mitigate the impact on fossil vertebrates that may be present. The paleontologist monitor shall deliver a report of any findings within 30 days of the conclusion of precise grading on the site to the Planning Department. d) The project site is not a part of a known burial ground, nor is it adjacent to a known burial ground. No cemetery occurs in association with the existing church • the north. California law requires that any human remains found when excavations occur be reported to law enforcement. Further, law enforcement is required to determine if the remains have the potential to be culturally significani to local Native American Tribes, and to contact the Tribes if they are determined to be so. These requirements of State law assure that there will be no impact tf human remains as a result of the widening project. With the mitigation measures above, overall impacts to cultural resources ar-i expected to be less than significant. 3 "Paleontological Resources Assessment Report" prepared by CRM Tech, January 13, 2012 -13- 334 Potentially g,ignificant Impact I VI. GEOLOGY AND SOILS Woulii the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most rece Alquist-Priolo Earthquake Fault Zonin I] Map issued by the State Geologist fo the area or based on other substanti evidence of a known fault? (General Plan MEA Exhibit 6.2) Strong seismic ground shakin• (General Plan MEA Exhibit 6.2) Seismic -related ground failure, including liquefaction? (General Plan MEA Exhibit 6.3) iv) Landslides? (General Plan MEA Exhibit 6.4) b) Result in substantial soil erosion or the loss of topsoil? (General Plan MEA Exhibit 6.5) c) Be located on expansive soil, as defined in Table 18-1 -B of the Uniform Building Code, creating substantial risks to life or property (General Plan MEA Exhibit 6.1) d) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? (General Plan Exhibit 8.1) VI. a) According to the Geotechnical report, the proposed project site is not located within the boundaries of an Alquist-Priolo Earthquake Hazard Zone. The site will, however, experience significant ground shaking during an earthquake. The site will require that any construction on the site meet the seismic requirements of the building code in effect at the time of construction. These requirements are 4 "Geotechnical investigation Proposed Tentative Tract 36403 Prepared for Petcon Lands, LLC" C.H.J. Incorporated, January 12, 2012 -14- 335 designed to limited impacts associated with construction in seismically active areas to less than significant levels. These standards will assure that there will be no impacts associated with ground shaking. The project site has been identified to be located in an area subject to potential liquefaction and should be a potential design consideration. It is not considered to be a hazard due to the current groundwater depth exceeding 90 feet. As the ground at the project location has been identified as being in an area of actNa- subsidence and consists of soil conditions that may not provide uniform or adequate support for structures, appropriate mitigation measures are required, as follows: 1 . Mitigation shall include a minimum mandatory removal of at least the upper 6 feet of existing soils beneath the existing ground surface and replaced as properly -compacted soil. Mitigation shall include soil improvement and rigid mat foundations. Flexible connections to utilities at the foundation interface are highly recommended, as are increased slopes for gravity flow sewer pipelines. Because of the potential for differential settlement, the use of post - tensioned slabs resting on at least 36 inches of properly compacted fill material for structural support shall be required. The recommended measures identified in the project's Geotechnical Report shall be implemented. a) i v. The location is generally flat, is not adjacent to any manufactured hillsides or slopes, and is not susceptible to landslides. b) The proposed project will be subject to soil erosion due to wind and water durirra its construction. The City will implement PM10 Management Plans for gradin consistent with its standards for all projects, to assure that wind erosion controlled. The City will also implement best management practices relating storm water management during and after the construction process, to assu I that storm water is not polluted by soils from the site or up stream source These City requirements will assure that the impacts associated with soil erosi will be less than significant. c) The project site's soils are generally granular and considered to be non -critically expansive. The results of expansion index testing in the Geotechnical Report indicate a "very low" expansion index. The proposed project occurs in an area of the City where sanitary sewer service is available. As the City will require that the project connect to existing sewer systems, there will be no impacts associated with septic systems. -15- 336 2) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (Application materials) b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and 2ccident conditions involving the release of hazardous materials into the environment? (General Plan MEA, p. 95 ff.) c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Application materials) d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Application materials) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within tw4. miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) 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? (General Plan land use map) g) Impair implementation of or physically interfere with an adopted emergency response plan or adwfilwwum.�Uz, auzz "*'N-Wla�- �q I Potentially Less Than Less Than Significant Significant w/ Siif icant Impact Mitigation . Impact E gn &I 9 0 R, 9W 337 Plan MEA p. 95 ff) h) Expose people or structures to a g-ignificant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) V 11. a) - h) The ultimate development of 11 homes will not result in any impacts fro hazards or hazardous materials. The residents will participate in the househo hazardous waste programs implemented by Burrtec throughout the City. The are no identified hazardous materials sites within the project area. The proje has been integrated into the City's emergency preparedness planning for so years. There are no wildlands located adjacent or near the project site and t site is not located in an area at risk for wildland fires. -17- 338 111 11 1111111 1 1 � 1111 1� 1111 iiii 11 - I -t w [*19 F19AVIIN in . 0 0 ^ ?) Violate any water quality standards or waste discharge requirements? (General Plan EIR p. 111-187 ff.) b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (General Plan EIR p. 111-187 ff.) c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosio or siltation on- or off -site? (General Plan E I R18 ,i.) Substantially alter the existing ,irainage pattern of the site or area, including through the alteration of the course of a stream or river, or s*rwtmitlah-4n;reeise die eaM of surface runoff in a manner which would result in flooding on- or off -site? (General Plan EIR p. 111-187 ff.) e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff?(General Plan EIR p. 111-187 ff.) f) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (General Plan E I R p. 111- 18 7 ff.) g) Place within a 100-year flood hazard ORM Less Than No Significant Impact Impact 0 9 0 EM E4 *1 M. 16PO!, area structures which would impede redirect flood flows? (Master E-tviro-inest,y] Assess -tie -it Exhibit 6.1 Vill. a) & b) The development of 11 single family homes is not expected to violate any water quality standards or waste discharge requirements. The homes will utilize ground water provided by the Coachella Valley Water District (CVWD) for domestic and landscaping uses. CVWD's Urban Water Management Plan identifies sufficient water supplies, now and in the future, to serve its service area. The City also requires water conservation through landscaping irrigation controls, the installation of efficient fixtures, and appropriate landscaping design. Impacts associated with groundwater are expected to be less than significant. hydrology study was prepared for the proposed project'. The study determined the configuration required for the retention basin to be located at the northeast parcel of the site. The basin is required by the City to contain the 100 year storm on site. The analysis resulted in a basin which will have a capacity of 1.3 acre feet, which has been identified to be able to accommodate the 100 year storm flow. The City Engineer will continue to review the hydrology analysis through final design, to assure that capacity is sufficient in the basin. A Preliminary Water Quality Management Plan' (PWQMP) has been submitted for the project. The City requires the implementation of best management practices during construction to assure that water erosion does not contaminate surface water. These requirements will reduce potential impacts associated with erosion of soils to less than significant levels. f)-g) The site is not located in a flood zone as designated by FEMA. Further, no structures are planned, and no one will occupy the site for any period of time. No impact is expected. "Preliminary Hydrology & Hydraulics Report, 2011 6 "Preliminary Water Quality Management Plan, 2011 Tentative Tract Map 36403" Albert A. Webb & Associates, January Tentative Tract Map 36403" Albert A. Webb & Associates, January -19- 340 IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? (Aerial photo) b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or gating an environmental effect? (General Plan Exhibit 2.1) c) Conflict with any applicable habita conservation plan or natural community conservation plan? Gene Plan MEA p. Potentially Less Than Less Than Significant Significant w/ Significant Impact Mitigation Impact E 91 0 The project site is currently vacant and will not divide an established community. b) The proposed project is consistent with the General Plan designation assigned 0 the property. The site and adjacent areas are generally vacant and constructi of the project will therefore not impact an existing community. The propos project will be required to comply with any habitat conservation plan in effect the time of development of the site. No impacts associated with land use a expected. I c) The project site is within the boundaries of the Coachella Valley Multiple Speci-" Habitat Conservation Plan, and will be subject to the regulations associated wi that Plan. No impact is expected. i -20- 341 Potentially Less Than Less Than Significant Significant w/ Significant Impact Mitigation Impact X. IT1111ERAL RESOURCES -- '!Vould the project: a) Result in the loss of availability • a known mineral resource that would • of value to the region and the residents of the state? (Master Environmental Assessment • Result in the loss of availability • a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other lanR.... use plan? (Master Environmental Assessment • 0 X. a) & b) No mineral resources are expected to occur within the project area. There are no significant mineral resources in the vicinity of the project. The project site has been designated for urban use for a number of years. No impact will occur. 901 Less Than PATITAWia "- MM RUTMOSTIM XI. NOISE • the project result in: a) Exposure of persons to or gz*i- I *• •f standards established in the local general plan or noise ordinance, or applicable standards •i • .•` (General Plan MEA • 111 ff.) b) Exposure of persons to or generation of excessive groundborne (General Plan MEA p. 111 ff.) c) A substantial permanent increase in • noise levels in the project vicinity above levels existing without the project? (General Plan MEA p. 111 ff.) - - lal femporary or perMMM increase in • noise levels in the project vicinity above levels existing without the project? (General Plan MEA • 111 ff.) e) • a project located within an •R land use plan •f where such a plan has not been adopted, within two miles of a public airport • public use airport, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) f) For a project within the vicinity of i • airstrip, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) OMEN= *14 F.9 EM 93 X 1. a) & c) The site and most of the surrounding properties are generally undeveloped vacant land. The noise generated by car engines from 11 homes will be limited, and periodic, and is not expected to increase noise levels in the long term. XI. b)& d) The noise study prepared for the project' identifies that the construction • 11 homes will result in temporary elevated noise levels associated with the heavy 7 "Noise Impact Analysis, Tentative Tract 36403" Albert A. Webb & Associates, January 2012 -22- 343 equipment which will be used to grade the site. There are no sensitive receptors in proximity to the project site, as most of the surrounding properties are generally vacant. Construction will occur during prescribed daytime hours when noise levels are less impacted by additions to the noise environment. Although temporary increases in noise due to heavy equipment are expected to occur for short periods, the impact is expected to be less than significant, insofar as no sensitive receptors occur in the area. -) & f) The project site is not located within the noise contours •: any airport or airstrip. -23- 344 Potentially Less Than Less Than Significant Significant wX Signifile-a- t Impact gation Impact XII. POPULATION AND HOUSING Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (General Plan, P. 9 ff.) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (General Plan, p. project description) c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., project description) ER a 91 X11. a)-c) The ultimate build out of 11 single family residences will not result in substanti population growth, or the need for additional housing. The site is current vacant, and development of the project will not displace people. No impac associated with population and housing are expected. I -24- 345 XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, p. 57) Potentially Less Than Less Than Significant Significant w/ Significant Impact gation Impact E 12 Police protection? (General Plan MEA, x p. 5 7) Schools? (General Plan MEA, p. 52 ff.) x Parks? (General Plan; Recreation and x Parks Master Plan) Other public facilities? (General Plan x MEA, p. 46 ff.) XIII. a) The development of 11 single family homes will have no impact on public services. The project will be required to contribute the required development impact fees, which include police and fire service facilities improvements, as well as park maintenance. Quimby fees will be required for the purchase of park lands The project proponent will be required to pay the school fees in place at the time of development to mitigate potential impacts to schools. -25- 346 Less Than Less Than Significant w/ Significant gation Impact OF-LTFSW a) Would the project increase the use X of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Project description; General Plan Exhibit 5.1) b) Does the project include X recreational facilities or require the construction or expansion of recreational facilities which it have an adverse physical effect on the environment? (Project description) XIV. a) & b) As stated above under Public Services, the proposed project will contribu Quimby and development impact fees to mitigate for potential impacts associat with parks and recreation. No impacts are expected. I -26- 347 XV. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (General Plan EIR, p. III- 29 ff.) b) Exceed, either individually or cumulatively, a level of service standard established by the county pt'ge designated roads or highways? (General Plan EIR, p. 111-29 ff.) c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (No air traffic involved in project) K&APM• OV40AMWI ATM to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Project description) - I- f) Result in inadequate parking g) Conflict with adopted policies, plans, or programs supporting turnouts, bicycle racks)? (Project description; MEA Exhibit 3.10) Less Than Significant Impact No Impact X X X X X X X XV. a)-g) The traffic study' identifies that the proposed project will generate approximately 105 daily trips. This portion of Madison Street is projected to operate at acceptable levels of service at General Plan build out. The proposed project is "Focused Traffic Analysis, Tentative Tract Map 36403" Albert A. Webb & Associates, January 2012 -27- 348 consistent with the General Plan. Therefore, impacts associated with the proposed project will be less than significant. The proposed project will include a single public cul-de-sac accessing Calle Conchita, a designated public right-of-way, at a 90 degree angle. Calle Conchita accesses Madison Street. No hazards are expected. The proposed project will be required to meet the City's parking requirements. The project will include pedestrian sidewalks along all developed streets. The proposed project will have •... impact ♦ transit facilities. -28- 349 a) Exceed wastewater treatment requirements of the applicable b) Require or result in the construction of new water or wastewater treatmenl facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) Potentially Less Than Less Than Significant Significant w/ Significant Impct Mitigation Imct -0 apa EN X kVA d) Have sufficient water supplies X available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, p. 5 8 ff.) e) Result in a determination by the X wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (General Plan MEA, p. 58 ff.) f) Be served by a landfill with X sufficient permitted capacity to accommodate the project's solid waste disposal needs? (General Plan MEA, p. 58 ff.) g) Comply with federal, state, and I I I I X local statutes and regulations related to solid waste? (General Plan MEA, p. 58 ff.) fful 1911-it XVI. a)-g) Development of 11 single family homes will have no impact on utilities. T project is served by CVWD for water and wastewater treatment, and t development of eight homes will have no impact on their faties. The propos retentin basin will be designed to control the 100 year storm, so that stoIi flows do not impact City streets. Burrtec serves the project, and will add the 11 homes to their service when constructed. They dispose of waste at seve regional landfills which have adequate capacity to serve the proposed project. -30- 351 XVIL MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, �fltoct sr community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve short-term, to the disadvantage of long-term environmental goals? c) Does the project have impacts th-1 are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the t ' P th e incremental effects of a project are J considerable when viewed in connection with the effects of past lottu I projects, and the effects of probabl future projects)? d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVIL a) Biological and cultural resources studies on the project site concluded that impacts associated with these resources would be less than significant. XVIL b) The proposed project is consistent with the City General Plan, and will not affect the City's General Plan goals. XVIL c) The development of the homes will have no cumulative impacts, because the project is consistent with the land use designations assigned to the site. 352 XVIII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. '#,) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to g.pplicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. HOW-TOTIVOT ma- c) gation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. -32- 353 I CN 0 4. CD 0 CIN 0 c) c, I a "o C> 0 00 o 4 oqM IO CIO I I m 'IT LO (1) 4 40 z, cd bO cd 0 —0 00 tn 0 o ta P en u � ea as bb OD u m u � 0 0 bf) 0 r- -0 �g z, 4 E 50 cd O'd C,3 Ed 'n CL 0 0 C8 181 1> 0 Cd >, 0� 75 0 2 E� o q> > Q o u 4 P, 0 o 00 Q c o 0, 10. = "o9 d� � cn cUd 40 -0L EOn 1�D 4j� u c L o 42 r4. O'c A A o fl > 34 0, bi) V) 0 m o 18 tr, Z u T o CdI 4� 0 o 1>1 .2 0 cd = 7:� .2 lu 15 o = A 4 >p U 9 P 0 0 0 cl, k 'ok t 1 0 31 :9-0 1013 —61 00 05 bj) 0 r- 0 tp 0 tw cli 0 0 0 42 -A 72 357 CITY COUNCIL RESOLUTION 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 36403 CASE: TENTATIVE TRACT MAP 36403 APPLICANT: CONSTANCE SCHIVARELLI WHEREAS, the City Council of the City of La Quinta, California did, on the 6t" day of August, 2013, hold a duly noticed public hearing to consider Tentative Tract Map 36403, a request by Constance Schivarelli to subdivide approximately 7.3 acres into eleven lots, generally located on the southwest corner of Madison Street and Calle Conchita, more particularly described as: APN: 766-090-008, 766-090-010, 766-080-009 WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 23" day of July, 2013, hold a duly noticed Public Hearing to consider a recommendation on said Tentative Tract Map, and after hearing and considering all testimony and arguments, did adopt Planning Commission Resolution 2013-012, recommending to the City Council approval of Tentative Parcel Map 36403; and, WHEREAS, said Environmental Assessment complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that the Community Development Director has conducted an Initial Study (Environmental Assessment 201 2-621) and has determined that although the proposed project could have a potentially significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent and mitigation measures have been incorporated. Therefore, the Community Development Director recommended that a Mitigated Negative Declaration of environmental impact and associated Mitigation Monitoring Program be adopted and the City Council did adopt said Mitigated Negative Declaration and Mitigation Monitoring Program prior to this action; and, WHEREAS, the Community Development Department published a public hearing notice in The Desert Sun newspaper on July 26, 2013 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said 358 City Council Resolution 2013- Tentative Tract Map 36403 Constance Schivarelli August 6, 2013 Page 2 City Council did make the following mandatory findings pursuant to Section 13.1 2.130 of the Municipal Code to justify approval of said Tentative Tract Map: A. The proposed tentative tract map is consistent with the La Quinta General Plan. The proposed map conforms to the design guidelines and standards of the General Plan for Low Density Residential designated properties, as set forth in the Land Use Element, in that it will facilitate the construction of additional residential options while maintaining residential development standards including setbacks, pad elevations, and other design and performance standards that assure a high quality of development. The project density of approximately 1.5 units per acre is consistent with the Low Density Residential land use designation of up to four dwelling units per acre, as set forth in the General Plan. B. The design or improvement of the proposed tentative tract map is consistent with the city General Plan in that its street and parcel design are in conformance with applicable goals, policies, and development standards, and will provide adequate infrastructure and public utilities. C. The design of the tentative tract map and the proposed improvements are neither likely to cause substantial environmental damage nor substantially injure fish or wildlife or their habitat. The La Quinta Community Development Department prepared Environmental Assessment 2012-621 for this project, and the Planning Commission on July 23, 2013 recommended to the City Council certification of a Mitigated Negative Declaration of environmental impact and associated Mitigation Monitoring Program for the project determining that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project had been made by or agreed to by the project proponent and appropriate mitigation measures to reduce any potentially -significant impacts to a less -than -significant level had been incorporated in the Mitigation Monitoring Program. D. The design of the tentative tract map and the proposed improvements are not likely to cause serious public health problems. As conditioned, the proposed tentative tract map will not result in any increased hazard to public health or welfare, as the design has been reviewed by the appropriate responsible agencies for health and safety issues, with none identified. City Council Resolution 2013- Tentative Tract Map 36403 Constance Schivarelli August 6, 2013 Page 3 E. The site of the proposed tentative tract map is physically suitable for the type of development and proposed density of development. As conditioned, the proposed design of the subdivision is physically compatible with the site with regards to level topography for the type of land use designation and potential development of the subject property, and in consideration of existing residential development in the surrounding area. F. As conditioned, the proposed tentative tract map is consistent with all applicable provisions of this title and the La Quinta Zoning Ordinance, including, but not limited to, minimum lot area requirements, any other applicable provisions of this code, and the Subdivision Map Act. G. As conditioned, the design of the tentative tract map will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision, for access through or use of the property within the subdivision in that none presently exist and access is provided within the project and to adjacent public streets. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the findings of the City Council in this case; SECTION 2. That the City Council does hereby approve Tentative Tract Map 36403, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 6t" day of August, 2013, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: Kilt City Council Resolution 2013- Tentative Tract Map 36403 Constance Schivarelli August 6, 2013 Page 4 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 JESON, City Attorney City of La Quinta, California K11-11 CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36403 CONSTANCE SCHIVARELLI AUGUST 6, 2013 Page 1 of 23 GENERAL 1 . The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. This Tentative Tract Map shall expire on August 6, 2015, two years from the date of City Council approval, unless recorded or granted a time extension pursuant to the requirements of La Quinta Municipal Code 9.200.080 (Permit expiration and time extensions). 4. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Riverside County Fire Marshal • La Quinta Public Works Department (Grading Permit, Green Works Clearance) for Building Permits, Water Quality Plan(WQMP) Exemption Form — Whitewater River Region, Permit) • La Quinta Community Development Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District (CVUSD) • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) Sheet (Public Management Improvement 362 S:\Agenda STAFF REPORTS ONLY\08.06.2013 - FINAL WORD DOCS\PH1 - 5 TTNI 36403 CC TTNI COA.docPrinted August 1, 2013 Page 1 of 23 CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36403 CONSTANCE SCHIVARELLI AUGUST 6, 2013 Page 2 of 23 • California Regional Water Quality Control Board (CRWQCB) • State Water Resources Control Board • SunLine Transit Agency (SunLine) • South Coast Air Quality Management District Coachella Valley (SCAQMD) The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When these requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvement plans for City approval. 5. Coverage under the State of California Construction General Permit must be obtained by the applicant, who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI") and Waste Discharge Identification (WDID) number to the City prior to the issuance of a grading or building permit. 6. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board — Colorado River Basin Region Board Order No. R7-201 3-0011 and the State Water Resources Control Board's Order No. 2009-0009-DWQ and Order No. 2010- 0014-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP") to the State Water Resources Control Board. The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. 363 S:\Agenda STAFF REPORTS ONLY\08.06.2013 -FINAL WORD DOCS\PH1 - 5 TTNI 36403 CC TTNI COA.docPrinted August 1, 2013 Page 2 of 23 CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36403 CONSTANCE SCHIVARELLI AUGUST 6, 2013 Page 3 of 23 C. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (LQMC Section 8.70.020 (Definitions)): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City Council. G. The inclusion in the Homeowners' Association NON Conditions, Covenants, and Restrictions (CC&Rs), a requirement for the perpetual maintenance and operation of all post -construction BMPs as required; and the applicant shall execute and record an agreement that provides for the perpetual maintenance and operation of all post -construction BMPs is required. 7. Permits issued under this approval shall be subject to the provisions of the Development Impact Fee and Transportation Uniform Mitigation Fee programs in effect at the time of issuance of building permit(s). 8. Approval of this Tentative Tract Map shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. 9. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney's fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, 364 S:\Agenda STAFF REPORTS ONLY\08.06.2013 - FINAL WORD DOCS\PH1 - 5 TTNI 36403 CC TTNI COA.docPrinted August 1, 2013 Page 3 of 23 CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36403 CONSTANCE SCHIVARELLI AUGUST 6, 2013 Page 4 of 23 if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. 10. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant's fees incurred by the City for engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. PROPERTY RIGHTS 1 1 . Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 12. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer or the HOA over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over open space/drainage facilities of the master development. 13. The applicant shall offer for dedication on the Final Map all public street rights -of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 14. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Madison Street - No additional right of way dedication is required. 2) Calle Conchita (Local Street, 60' ROW) - No additional right of way dedication is required. 365 S:\Agenda STAFF REPORTS ONLY\08.06.2013 -FINAL WORD DOCS\PH1 - 5 TTNI 36403 CC TTNI COA.docPrinted August 1, 2013 Page 4 of 23 CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36403 CONSTANCE SCHIVARELLI AUGUST 6, 2013 Page 5 of 23 3) Streets "A" and "B" — 60 foot right of way with two minimum 20 foot lanes as shown on the tentative tract map. B. CUL DE SACS 1) Cul-de-sac, 60' ROW at the cul-de-sac bulb as shown on the tentative tract map. 15. Right-of-way geometry for standard dul-de-sacs and property line corner cut -backs at curb returns shall conform to Riverside County Standard Drawings #800, and #805, respectively, unless otherwise approved by the City Engineer. 16. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. Pursuant to this requirement, the Applicant shall include in the submittal packet containing the draft final map submitted for map checking, an offsite street geometric layout, drawn at 1 " equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement 17. When the City Engineer determines that access rights to the proposed street rights - of -way shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such rights -of -way, the applicant shall grant the necessary rights -of -way within 60 days of a written request by the City. 18. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along both sides of Streets "A" and "B". Such easement may be reduced to five feet in width with the express written approval of IID. 19. The applicant shall create perimeter landscaping setbacks along all public rights -of - way as follows: 366 S:\Agenda STAFF REPORTS ONLY\08.06.2013 - FINAL WORD DOCS\PH1 - 5 TTNI 36403 CC TTNI COA.docPrinted August 1, 2013 Page 5 of 23 CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36403 CONSTANCE SCHIVARELLI AUGUST 6, 2013 Page 6 of 23 A. Madison Street - 30-foot from the R/W-P/L. The listed setback depth shall be the average depth where a meandering wall design is approved. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 20. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 21. Direct vehicular access to Madison Street and Calle Conchita from lots with frontage along Madison Street and Calle Conchita is restricted, except for those access points identified on the tentative tract map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. 22. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 23. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 24. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access for Individual Properties and Development) for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 25. Streets shall have vertical curbs or other approved curb configurations that will 367 S:\Agenda STAFF REPORTS ONLY\08.06.2013 - FINAL WORD DOCS\PH1 - 5 TTNI 36403 CC TTNI COA.docPrinted August 1, 2013 Page 6 of 23 CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36403 CONSTANCE SCHIVARELLI AUGUST 6, 2013 Page 7 of 23 convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations. If a wedge or rolled curb design is approved, the lip at the flowline shall be near vertical with a 1 /8" batter and a minimum height of 0.1'. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 26. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Madison Street (Constructed as Primary Arterial; 1 10' R/W): No additional street improvements are required. Other required improvements in the Madison Street right-of-way and/or adjacent landscape setback area include: a) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. b) Landscaped median modifications for the proposed Calle Conchita connection to Madison Street as approved by the City Engineer. c) Participatory Improvement: Prior to final map recordation, the applicant shall pay cash or provide security for a 10-foot wide Multi -Use Path which will be constructed by others. The multi- use path is per La Quinta Standard 260 along Madison Street from the southerly property line to Calle Conchita. Multi -Use Path boundaries shall be delineated by a 4-inch wide concrete border between the path and adjacent landscaping. A split rail fence shall be constructed along the roadway side of the multi- use path in accordance with Section 9.140.060 (Item E, 3a) of the Zoning Ordinance. A maintenance easement dedication in favor of the City shall be offered for the Multi -Use Path. 368 S:\Agenda STAFF REPORTS ONLY\08.06.2013 - FINAL WORD DOCS\PH1 - 5 TTNI 36403 CC TTNI COA.docPrinted August 1, 2013 Page 7 of 23 CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36403 CONSTANCE SCHIVARELLI AUGUST 6, 2013 Page 8 of 23 2) Calle Conchita (Local Street; 60' R/W): Construct the entire street along the frontage adjacent to the Tentative Map boundary to its ultimate width as specified in the General Plan and the requirements of these conditions. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. The curb faces shall be located twenty feet (20') north and south of the centerline. Interim improvements may be designed and constructed as approved by the City Engineer. Other required improvements in the Calle Conchita right-of-way and/or adjacent landscape setback area include: a) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. b) 6-foot wide sidewalk (with landscaping provided between the sidewalk and right of way) as approved by the Community Development and the Public Works Departments. c) Extend Calle Conchita to connect to Madison Street including the construction of the intersection improvements and modification of the Madison Street landscaped median (i.e. curb and gutter, catch basins, signing and striping, etc.) as approved by City Engineer. 3) Streets "A" and "B" (Local Street; 60' R/W): Construct full improvements within a 60-foot right of way, which shall be divided into two minimum 20' traveled lanes. Other required improvements in the Street "A" and "B" right-of-way and/or adjacent landscape setback area include: a) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. b) 6-foot wide sidewalk with landscaping provided between the sidewalk and right of way as approved by the Community 369 S:\Agenda STAFF REPORTS ONLY\08.06.2013 -FINAL WORD DOCS\PH1 - 5 TTNI 36403 CC TTNI COA.docPrinted August 1, 2013 Page 8 of 23 CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36403 CONSTANCE SCHIVARELLI AUGUST 6, 2013 Page 9 of 23 Development and the Public Works Departments. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 27. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential 3.0" a.c./4.5" c.a.b. or the approved equivalents of alternate materials. 28. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 29. General access points and turning movements of traffic are limited to the following: Calle Conchita: Full turning movements. Street "A": Full turning movements. 30. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid - block street lighting is not required. 31. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. FINAL MAPS 370 S:\Agenda STAFF REPORTS ONLY\08.06.2013 - FINAL WORD DOCS\PH1 - 5 TTNI 36403 CC TTNI COA.docPrinted August 1, 2013 Page 9 of 23 CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36403 CONSTANCE SCHIVARELLI AUGUST 6, 2013 Page 10 of 23 32. Prior to the City's approval of a Final Map, the applicant shall furnish accurate mylars of the Final Map. The Final Map shall be 1 " = 40' scale. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 33. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement Plans). 34. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan 1 " = 40' Horizontal B. PM 10 Plan 1 " = 40' Horizontal C. WQMP (Plan submitted in Report Form) NOTE: A through C to be submitted concurrently. L91 Off -Site Street Improvement/Storm Drain Plan Off -Site Signing & Striping Plan 1 " = 40' Horizontal, 1 " = 4' Vertical 1 " = 40' Horizontal The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. NOTE: D through E to be submitted concurrently. 371 S:\Agenda STAFF REPORTS ONLY\08.06.2013 -FINAL WORD DOCS\PH1 - 5 TTNI 36403 CC TTNI COA.docPrinted August 1, 2013 Page 10of 23 CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36403 CONSTANCE SCHIVARELLI AUGUST 6, 2013 Page 11 of 23 (Separate Storm Drain Plans if applicable) The following plans shall be submitted to the Building and Safety Department for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building and Safety Director in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. F. On -Site Residential Precise Grading Plan 1 " = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. All Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2010 California Building Code accessibility requirements associated with each door. The assessment must comply with the submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Public Works Department in conjunction with the Site Development Plan when it is submitted for plan checking. 35. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Department at the City website (www.la- 372 S:\Agenda STAFF REPORTS ONLY\08.06.2013 -FINAL WORD DOCS\PH1 - 5 TTNI 36403 CC TTNI COA.docPrinted August 1, 2013 Page 11 of 23 CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36403 CONSTANCE SCHIVARELLI AUGUST 6, 2013 Page 12 of 23 quinta.org). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 36. The applicant shall furnish a complete set of all approved improvement plans on a storage media acceptable to the City Engineer (currently mylars). 37. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the FOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 38. Prior to approval of any Final Map, the applicant shall construct all on and off -site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 39. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of LQMC Chapter 13.28 (Improvement Security). 40. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. 41. Depending on the timing of the development of this Tentative Tract Map, and the status of the off -site improvements at the time, the applicant may be required to: 373 S:\Agenda STAFF REPORTS ONLY\08.06.2013 -FINAL WORD DOCS\PH1 - 5 TTNI 36403 CC TTNI COA.docPrinted August 1, 2013 Page 12of 23 CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36403 CONSTANCE SCHIVARELLI AUGUST 6, 2013 Page 13 of 23 A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these actions, as the City may require. Off -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements in the first phase of construction or by the issuance of the 20 % Building Permit. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 42. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule as approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 43. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have 374 S:\Agenda STAFF REPORTS ONLY\08.06.2013 -FINAL WORD DOCS\PH1 - 5 TTNI 36403 CC TTNI COA.docPrinted August 1, 2013 Page 13 of 23 CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36403 CONSTANCE SCHIVARELLI AUGUST 6, 2013 Page 14 of 23 the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 44. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 45. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 46. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a civil engineer registered in the State of California, B. A preliminary geotechnical ("soils") report prepared by an engineer registered in the State of California, C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and D. A Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES Stormwater Discharge Permit and Storm Management and Discharge Controls). E. A WQMP prepared by an engineer registered in the State of California. All grading shall conform with the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by soils engineer, or engineering geologist registered in the State of California. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. Additionally, 375 S:\Agenda STAFF REPORTS ONLY\08.06.2013 -FINAL WORD DOCS\PH1 - 5 TTNI 36403 CC TTNI COA.docPrinted August 1, 2013 Page 14of 23 CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36403 CONSTANCE SCHIVARELLI AUGUST 6, 2013 Page 15 of 23 the applicant shall replenish said security if expended by the City of La Quinta to comply with the Plan as required by the City Engineer. 47. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 48. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1 .5") in the first eighteen inches (18") behind the curb. 49. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 50. Building pad elevations of perimeter lots shall not differ by more that one foot higher from the building pads in adjacent developments. 51. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 52. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus half of a foot (0.5') from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Engineer for a substantial conformance review. 376 S:\Agenda STAFF REPORTS ONLY\08.06.2013 -FINAL WORD DOCS\PH1 - 5 TTNI 36403 CC TTNI COA.docPrinted August 1, 2013 Page 15 of 23 CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36403 CONSTANCE SCHIVARELLI AUGUST 6, 2013 Page 16 of 23 53. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 54. Stormwater handling shall conform with the approved hydrology and drainage report for Tentative Tract Map No. 36403. Nuisance water shall be disposed of in an approved manner. 55. The applicant shall comply with the provisions of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be either the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. 56. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-1 6 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 57. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise and as approved by the City Engineer. 58. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 59. No fence or wall shall be constructed around any retention basin unless approved by 377 S:\Agenda STAFF REPORTS ONLY\08.06.2013 -FINAL WORD DOCS\PH1 - 5 TTNI 36403 CC TTNI COA.docPrinted August 1, 2013 Page 16 of 23 CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36403 CONSTANCE SCHIVARELLI AUGUST 6, 2013 Page 17 of 23 the Community Development Director and the City Engineer. 60. For on -site above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems. Side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin. 61. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to LQMC Section 9.100.040(B)(7). 62. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 63. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 64. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 65. The applicant shall comply with applicable provisions for post construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-001 1. A. For post -construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-001 1. 378 S:\Agenda STAFF REPORTS ONLY\08.06.2013 - FINAL WORD DOCS\PH1 - 5 TTNI 36403 CC TTNI COA.docPrinted August 1, 2013 Page 17 of 23 CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36403 CONSTANCE SCHIVARELLI AUGUST 6, 2013 Page 18 of 23 B. The applicant shall implement the WQMP Design Standards per (CRWQCB- CRB) Region Board Order No. R7-201 3-0011 utilizing BMPs approved by the City Engineer. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. C. The developer shall execute and record a Stormwater Management/BMP Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs. UTILITIES 66. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 67. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 68. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 69. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. Additionally, grease traps and the maintenance thereof shall be located as to not conflict with access aisles/entrances. CONSTRUCTION 70. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly -maintained streets. 379 S:\Agenda STAFF REPORTS ONLY\08.06.2013 -FINAL WORD DOCS\PH1 - 5 TTNI 36403 CC TTNI COA.docPrinted August 1, 2013 Page 18of 23 CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36403 CONSTANCE SCHIVARELLI AUGUST 6, 2013 Page 19 of 23 The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPE AND IRRIGATION 71. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 72. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 73. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a landscape architect licensed in California. 74. The applicant shall submit all landscape plans for approval by the Community Development Department with green sheet sign off by the Public Works Department. When plan checking has been completed by the Community Development Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Community Development Director. Landscape plans for landscaped medians on public streets shall be approved by the both the Community Development Director and the City Engineer. Where City Engineer approval is not required, the applicant shall submit for green sheet approval by the Public Works Department. Final landscape plans for on -site perimeter and common area planting shall be reviewed by the Architecture and Landscape Review Board and approved by the Planning Commission as a Business Item prior to approval of a Final Map. Final plans shall include all landscaping associated with this project. NOTE: Plans are not approved for construction until signed by the Community Development Director. 75. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Community Development Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs 380 S:\Agenda STAFF REPORTS ONLY\08.06.2013 -FINAL WORD DOCS\PH1 - 5 TTNI 36403 CC TTNI COA.docPrinted August 1, 2013 Page 19 of 23 CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36403 CONSTANCE SCHIVARELLI AUGUST 6, 2013 Page 20 of 23 along public streets. 76. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the American Association of State Highway and Transportation Officials (AASHTO) "A Policy on Geometric Design of Highways and Streets" latest edition, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. PUBLIC SERVICES 77. The applicant shall provide public transit improvements as required by SunLine Transit Agency and as approved by the City Engineer. MAINTENANCE 78. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 79. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, access drives, sidewalks, stormwater BMPs, and common areas. FEES AND DEPOSITS 80. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 81. Tentative Tract Map 36403 shall provide for parks through payment of an in -lieu fee, as specified in LQMC Chapter 13.48. The in -lieu fee (sometimes referred to as the "Quimby Fee") shall be based on the fair market value of the land within the subdivision. Land value information shall be provided to the Community Development Director, via land sale information, a current fair market value of land appraisal, or other information on land value within the subdivision. The Community Development Director may consider any subdivider -provided or other land value information source for use in calculation of the parkland fee. FIRE DEPARTMENT 381 S:\Agenda STAFF REPORTS ONLY\08.06.2013 -FINAL WORD DOCS\PH1 - 5 TTNI 36403 CC TTNI COA.docPrinted August 1, 2013 Page 20of 23 CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36403 CONSTANCE SCHIVARELLI AUGUST 6, 2013 Page 21 of 23 82. For residential areas, approved standard fire hydrants, located at each intersection, with no portion of any lot frontage more than a maximum of 500 feet from a hydrant. Minimum fire flow for all residential structures shall be 1000 GPM fora 2- hour duration at 20 PSI. 83. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. Two sets of water plans are to be submitted to the Fire Department for approval. 84. Applicant/Developer shall mount blue dot retro-reflectors pavement markers on private streets, public streets and driveways to indicated location of the fire hydrant. It should be 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 85. The minimum dimension for gates is 20 feet clear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height. Any gate providing access from a road shall be located at least 35 feet setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one- way road with a single traffic lane provides access to a gate entrance, a 38-foot turning radius shall be used. 86. Gates may be automatic or manual and shall be equipped with a rapid entry system (KNOX). Plans shall be submitted to the Fire Department for approval prior to installation. Automatic gate pins shall be rated with a shear pin force, not to exceed 30 pounds. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. Automatic gates shall be provided with backup power. 87. Fire Apparatus access road and driveways shall be in compliance with the Riverside County Fire Department Standard number 06-05 (located at www.rvcfire.org). Access lanes will not have an up, or downgrade of more than 1 5%. Access roads shall have an unobstructed vertical clearance not less than 13 feet and 6 inches. Access lanes will be designed to withstand the weight of 80 thousand pounds over 2 axles. Access will have a turning radius capable of accommodating fire apparatus. Access lane shall be constructed with a surface so as to provide all weather driving capabilities COMMUNITY DEVELOPMENT DEPARTMENT 382 S:\Agenda STAFF REPORTS ONLY\08.06.2013 - FINAL WORD DOCS\PH1 - 5 TTNI 36403 CC TTNI COA.docPrinted August 1, 2013 Page 21 of 23 CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36403 CONSTANCE SCHIVARELLI AUGUST 6, 2013 Page 22 of 23 88. A qualified archaeological monitor shall be present on site during any earth moving activities. Should the monitor identify a resource, he/she shall be empowered to stop or redirect earth moving activities until such time as the resource can be properly identified and processed. The archaeological monitor shall be required to prepare a report at the end of earth moving activities and file such report with the Community Development Department within 30 days of completion of monitoring activities for any building on the project site. 89. On- and off -site trenching and rough grading shall be monitored by a qualified paleontologist. The monitor shall salvage fossils, and shall be empowered to temporarily halt or divert equipment. Recovered specimens shall be prepared to the point of identification and permanent preservation. All excavation below a depth of two feet should be monitored to mitigate the impact on fossil vertebrates that may be present. The paleontologist monitor shall deliver a report of any findings within 30 days of the conclusion of precise grading on the site to the Community Development Department. 90. Mitigation shall include a minimum mandatory removal of at least the upper 6 feet of existing soils beneath the existing ground surface and replaced as properly - compacted soil. Mitigation shall include soil improvement and rigid mat foundations. Flexible connections to utilities at the foundation interface are highly recommended, as are increased slopes for gravity flow sewer pipelines. Because of the potential for differential settlement, the use of post -tensioned slabs resting on at least 36 inches of properly compacted fill material for structural support shall be required. The recommended measures identified in the project's Geotechnical Report shall be implemented. 91. As Madison Street is a General Plan -designated Image Corridor, structures on lots 9 — 1 1 shall be limited to single -story, with a maximum building height of 22 feet. 92. Review of architecture and landscaping for production and/or individual custom homes, shall be subject to LQMC Section 9.60.330 and 9.60.340, as applicable. The Community Development Director shall determine if the unit(s) applied for constitute custom homes or production -level units. 383 S:\Agenda STAFF REPORTS ONLY\08.06.2013 -FINAL WORD DOCS\PH1 - 5 TTNI 36403 CC TTNI COA.docPrinted August 1, 2013 Page 22 of 23 co ATTACHMENT # 1 75 3 :2 N F a 2 CY 0 }, Z o � m CJ? ° 00 � J W � > co . M r m /fir ° p o �} s. oho C-0 Q Q U 0 M a ¢ Q F— (� CL L� �4�a+ ��, '�`SFa.�a�8" �'i -.� s - 'p�,,:.°''ro .,' r.�,,..'�1.u1pJ[�►M• 'ill Y �Art.6 �...45; �`m�a1� �:��n .�'" � ^„.�"-,'�' '� `4.•r."w.d J�� �� gl +fi �1�-�.-mt . 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T -.s. t 9• k rty ��.� 450 aw A •poay r "¢�"'[� 'd a� , �• . � � yy ` � � � e � a �*�s� � ems# 4 I "i �-,,•� a -�• s '�' � 4 ,� srFr�` N� {�� 94� � i'�f'Yil&' ., ��� Aim H�� mY.kS•�/° °i 4i A YL�,s�. e.ene � f ,' 1 a`i� 'i i, �2� 3 ''L3y5 Af` f X� ^'� "Y,t 1 ... • Y '' F p e. � - • }'+r `" Lai% � ! jtJy:S X • }+ �` a +� K' ; ' tz ° S ,gyp •3�7'`'..s •-'.�, 'm • , s• �s a "t,°fib}• -.. F .e�� m;��F � .� 4n-.. �r ac +� -s 'r .. •..�� a r +. .gym` Pjr d 4a 1 a r %`1Fay�{1r �If t • P • +e ti it _ p• Jt �f. b *€ t' {:'�� y T��y !" �r^!e 4� � XzA I•ff ':l - � �Si of � •r�....s i • � 6 *'l p�^xg�' t% �,� ro"R' .ifltE'. 45,f ATTACHMENT # 2 ALA 2 oho C he ,ll- oi'"I Ni Igj II w I% ---- ------- - ----------- ----------- ------------------ - --- - - --------- ----- ------ IN - ---- ------- --------- - -------- ------------------------- o M----------- - — — — — — — — — — — — -1, M E. _4 snac � \ --- ------- ---- ae zf- 10 --- --- ---- ---- — ----- ------ ----------------------- ----- ------- --------- � # )/\ 2 a§ y\ LLJ ~® �- , ` �-------- � . � �- > ;{- ° � 1 Hi ,); § _ } ° � { i ® .- , , \> � Lll § , z n ( °� }`\� �--- 1`t% » k a ky 4 � aG�� 8_ 6 Mo k � g Sg �dh 3 1 �ak�asi� y n il�%£g4Kza i ATTACHMENT # 3 PLANNING COMMISSION MINUTES TUESDAY, JULY 23, 2013 CALL TO ORDER A regular meeting of the La Quinta Planning Commission was called to order at 7:01 p.m. by Chairperson Barrows. PRESENT: Commissioner Weber, Vice Chair Wright, and Chairperson Barrows. ABSENT: Commissioners Alderson and Wilkinson STAFF PRESENT: Community Development Director Les Johnson,Planning Manager David Sawyer, Principal Engineer Ed Wimmer, Associate Planner Jay Wuu, and Secretary Monika Radeva. Commissioner Weber led the Com PUBLIC COMMENT - None CONFIRMATION OF AGENDA - Cc APPROVAL OF MINUTES Allegiance. Motion — A motion was made and seconded by Commissioners Wright/Barrows to approve the Planning Commission Minutes of June 25, 2013, as submitted. AYES: Commissioners Weber, Wright, and Chairperson Barrows. NOES: None. ABSENT: Commissioners Alderson and Wilkinson. ABSTAIN: None. PUBLIC HEARINGS 1. Continued from June 25, 2013 — Conditional Use Permit 201 1-139 submitted by Crown Castle, Susan Makinson, for a single distributed antenna system (DAS) within the public right-of-way in the La Quinta Cove. Location: southeast corner of Avenida Obregon and Calle Temecula. Staff stated that the applicant had requested additional time for research and a possible alternative location before presenting the project to the Commission for review and consideration. PLANNING COMMISSION MINUTES 1 JULY 23, 2013 19 Public Speaker: None Motion — A motion was made and seconded by Commissioners Weber/Wright to continue Conditional Use Permit 201 1-139 to October 8, 2013. AYES: Commissioners Weber, Wright, and Chairperson Barrows. NOES: None. ABSENT: Commissioners Alderson and Wilkinson. ABSTAIN: None. 2. Continued from June 25, 2013 — Conditional Use Permit 2012-148 submitted by Verizon Wireless for the placement of a sixty-four foot tall monopalm tower and an equipment enclosure adjacent to the La Quinta Country Club maintenance facility. Location: 77-750 Avenue 50 —'La Quinta Country Club. Staff stated that the applicant was continuingto work with the La Quinta Country Club and had requested additional time for research and preparation before presenting the project to the Commission for review and consideration. Public Speaker: None Motion — A motion was made and seconded by Commissioners Wright/Weber to continue Conditional Use Permit 2012-148 to August 27, 2013. AYES: Commissioners Weber, Wright, and Chairperson Barrows NOES: None. ABSENT: Commissioners Alderson and Wilkinson. ABSTAIN: None. 3. Environmental Assessment 2012-621 and Tentative Tract Map 36403 submitted by Constance Schivarelli proposing to subdivide an approximately 7.3 acre site into eleven lots. Location: southwest corner of Madison Street and Calle Conchita. Associate Planner Jay'Wuu presented the staff report, a copy of which is on file in the Community Development Department. Chairperson Barrows declared the PUBLIC HEARNG OPEN at 7:20 p.m. Public Speaker: Sandy` Chandler, AICP with Albert Webb Associates, Palm Desert, CA — spoke in support of the project and answered the Commission's questions. Public Speaker: Constance Schivarelli, Applicant, La Quinta, CA — said she was interested in acquiring the triangular piece of land between her tract and the realigned Madison Street. She stated that she had contacted T.D. Desert Development on several occasions, but they were unwilling to sell. Chairperson Barrows declared the PUBLIC HEARING CLOSED at 7:32 p.m. PLANNING COMMISSION MINUTES 2 JULY 23, 2013 [GRi Motion — A motion was made and seconded by Commissioners Wright/Weber to adopt Resolution 2013-011 recommending approval of Environmental Assessment 2012-621 as submitted with staff's recommendations. AYES: Commissioners Weber, Wright, and Chairperson Barrows NOES: None. ABSENT: Commissioner Alderson and Wilkinson. ABSTAIN: None. Motion — A motion was made and seconded by Commissioners Wright/Weber to adopt Resolution 2013-012 recommending approval of Conditional Use Permit 2013-151 as submitted with staff's recommendations, and the addition of the following condition: "Final landscape plans for on -site perimeter and common area planting shall be reviewed by the Architecture and Landscape Review Board and approved by the Planning Commission as a Business Item prior to approval of a Final Map. Final plans shall include all landscaping associated with this project." AYES: Commissioners Weber, Wright, and Chairperson Barrows NOES: None. ABSENT: Commissioners Alderson and Wilkinson. ABSTAIN: None. BUSINESS SESSION — None CORRESPONDENCE AND WRITTEN MATERIAL 1. Review of Wireless Telecommunication Facilities Memorandum. COMMISSIONER ITEMS 1. Report on City Council meetings of July 2 and 16, 2013. 2. City Council adopted an ordinance amending all municipal code chapters relating to Commissions, Boards, and Committees. DIRECTOR'S_ ITEMS 1. The Commission is invited to attend the Coachella Valley Association of Governments workshop regarding CV Link (formerly known as Parkway 1 ell) on Thursday, July 25, 2013, from 5:30 p.m. until 7:30 pm., at the Indio Senior Center, Multi -Purpose Room (45-700 Aladdin Street, Indio, CA 92201). 2. Election of Chair and Vice Chair will be scheduled for the next Planning Commission meeting. 3. Staff will schedule a joint meeting between the Planning Commission and the Architectural and Landscaping Review Board within the next couple of months. PLANNING COMMISSION MINUTES 3 JULY 23, 2013 16R]I ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Wright/Weber to adjourn this meeting at 7:56 p.m. AYES: Commissioners Weber, Wright, and Chairperson Barrows NOES: None. ABSENT: Commissioners Alderson and Wilkinson. ABSTAIN: None. Respectfully submitted, MONIKA RADEVA, Secretary City of La Quinta, California PLANNING COMMISSION MINUTES 4 JULY 23, 2013 IGRY' 10191 T44f 4 4 a" AGENDA CATEGORY: CITY / SA / HA / FA MEETING DATE: August 6, 2013 BUSINESS SESSION: ITEM TITLE: RESOLUTION APPROVING THE CONSENT CALENDAR: PLACEMENT OF PUBLIC NUISANCE ABATEMENT ASSESSMENTS ON THE 2013/2014 PROPERTY TAX STUDY SESSION: ROLL PUBLIC HEARING: 2 RECOMMENDED ACTION: Adopt a Resolution approving placing public nuisance abatement assessments on the 2013/2014 Property Tax Roll. EXECUTIVE SUMMARY: • The City administers property clean-up and nuisance abatement activities to clean properties when the owners do not do so. • The expense the City incurs to perform these tasks is then included on the property tax roll. • This Public Hearing provides the City Council an opportunity to consider all public objections and protests, if any, to the City's interest to collect reimbursement expenses for each real property parcel cleared or cleaned. FISCAL IMPACT: None. BACKGROUND/ANALYSIS: Due to hazards and public nuisances associated with outstanding municipal code violations, abatement actions were administered by the City over the past fiscal year in order to clean up certain properties in the community. The expense to complete this action was borne by the City. Payment for the work performed was subsequently collected from several property owners. However, an outstanding balance remains for some of the properties. An abatement assessment is necessary in order to collect the outstanding expense from the remaining properties, which would provide for repayment to be made via the 2013/14 property tax roll. All of the property owners with outstanding balances have been notified of the costs associated with the abatements and have been given more than 30 days in which to reimburse the City. Public Hearing notices were also posted on bulletin boards at multiple locations throughout the City including: City Hall (interior and exterior), the La Quinta Senior Center, the United States Post Office located on Avenida Bermudas, and Stater Bros. Market on Highway 111. A Notice of Public Hearing also was published in The Desert Sun newspaper on June 26, 2012. If City Council adopts the Resolution as recommended, the cost of conducting the abatements plus a 25 percent administrative fee of all amounts paid to abatement contractors will be placed as assessments on the 2013/14 Property Tax Roll for the affected properties. Riverside County will collect the assessments and subsequently reimburse the City. ALTERNATIVES: Continue to pursue collection of outstanding balances without placing assessments on the 2013/14 Property Tax Roll, or provide staff with alternative direction. Report prepared by: Stephanie Khatami, Permit Technician Report approved for submission by: Les Johnson, Community Development Director Attachments: 1 . Vicinity Map Kx-10 RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, LA QUINTA ASSESSING LIEN AND PROVIDING FOR COLLECTION OF TAX ROLLS ON CERTAIN PROPERTY FOR COSTS OF ABATEMENT OF PUBLIC NUISANCE WHEREAS, Chapter 1 1 .72 of the La Quinta Municipal Code provides for the declaration and determination of certain conditions of property to be a public nuisance and further provides for the abatement of said nuisance by certain procedures including abatement by the City and collection of the cost of said abatement on tax rolls; and WHEREAS, in accordance with said abatement procedures, the Community Development Director of the City of La Quinta, as agent of the City Manager, has determined that a public nuisance exists on the following described premises, and has given the notice required by law, and the owner thereof has failed to appeal said determination and has failed to abate said nuisance as required in said notice; and WHEREAS, in accordance with said abatement procedure, the Community Development Director has, by contract, provided for the abatement of said public nuisance on said properties and has filed a report thereon with the City Council and the City Council has conducted a hearing on said report and the assessment of said costs against said properties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The City Council hereby finds, determines, and declares that the City has abated a public nuisance on each of the following described premises and has conducted a hearing on assessment of the costs of said abatement in the time and manner as required by law and further determines that there were no objections or protests to assessments of said costs by any interested party. SECTION 2. The City Council hereby finds, determines, and orders that the report of the Community Development Director relative to assessment of costs is hereby approved and the City Council hereby orders that the following costs are hereby assessed as liens against the following properties and the amount of said assessment shall be collected at the time and in the manner of ordinary property taxes. Kxi: Resolution No. 2013 Fund Number 68-2378/Nuisance Abatement Adopted: August 6, 2013 Page 2 Assessor's Cost of Administrative Name Parcel Number Abatement Fee Total OVERSTREET 773-271-006 $195.00 $48.75 $243.75 SEAY 773-225-007 $1,043.89 $60.94 $1,104.83 SECTION 3. The City Clerk is hereby directed to transmit a certified copy of the Resolution to the tax collector of the County of Riverside and said tax collector is hereby requested to collect the amount of each assessment herein at the time and in the manner of ordinary property taxes. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 6t" day, of August, 2013, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: SUSAN MAYSELS, Interim City Clerk City of La Quinta, California KxrA Resolution No. 2013 Fund Number 68-2378/Nuisance Abatement Adopted: August 6, 2013 Page 3 (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California [CRT-] Elli T4hf 4 4 a" CITY SA / HA / FA MEETING DATE: August 6, 2013 ITEM TITLE: RESOLUTION FOR A FIFTH EXTENSION OF TIME FOR SITE DEVELOPMENT PERMIT 2003- 762 FOR A 208-UNIT SENIOR LIVING COMMUNITY LOCATED AT THE NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 50. APPLICANT: WESTLIVING, LLC. RECOMMENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 3 Adopt a Resolution of the City Council approving a fifth time extension to Site Development Permit 2003-762, subject to Findings and Conditions of Approval. EXECUTIVE SUMMARY: • The approved project consists of a 208-unit senior living community originally approved in 2004 and located at the northeast corner of Washington Street and Avenue 50. • The applicant is requesting a fifth time extension. • Staff -recommended revisions to the conditions of approval are minimal and have been accepted by the applicant. FISCAL IMPACT: None. BACKGROUND/ANALYSIS: The original project was approved in 2004 and included a Conditional Use Permit, Site Development Permit, General Plan Amendment, Zone Change, and Specific Plan. The first three extensions were submitted by the original applicant/owner. In 2010, a new applicant/owner proposed an amendment to the Specific Plan and Site Development Permit in order to revise the architectural style, site design, landscaping, and business model. The amended plans, as well as a fourth extension, were approved by City Council on July 19, 2011. On July 10, 2013, the applicant applied for a fifth HIM extension of time which, if approved, would expire on July 19, 2015. The applicant has provided a letter that details their reasoning for requesting a fifth time extension (Attachment 1). As currently approved, the project is a 208-unit senior living community where independent living units, 24-hour supervision units, and basic/personal care and health -related services are provided. The community will offer programs and services such as dining, housekeeping, and laundry, as well as on -site social and recreational activities (Attachment 2). The time extension request does not include any changes to the project. Staff - recommended revisions to the conditions of approval are minimal and limited to updates based on changes in codes, procedures, and other requirements. All referenced conditions relate to their renumbered format, as reflected in the recommended conditions. The applicant accepts the updated Conditions of Approval. AGENCY AND PUBLIC REVIEW This request was sent to all applicable City departments and affected public agencies on July 1 1 , 2013. All applicable comments received are incorporated in the recommended Conditions of Approval. This project was advertised in The Desert Sun newspaper on July 26, 2013, and mailed to all property owners within 500 feet of the site. To date, no comments have been received. ENVIRONMENTAL REVIEW: The City of La Quinta Community Development Department has determined that this request has been previously assessed in conjunction with Environmental Assessment 2003-470 which was prepared for Specific Plan 2004-071, which was certified on December 23, 2004. No changed circumstances or conditions are proposed which would trigger the preparation of subsequent environmental analysis. ALTERNATIVES: Alternative actions include approving a one-year time extension, denying any time extension, or discussion and incorporation of any adjustments deemed appropriate in order to approve the proposed time extension request. Report prepared by: Jay Wuu, Associate Planner Report approved for submission by: Les Johnson, Community Development Director Attachments: 1 . Vicinity Map 2. Letter from Applicant 3. Previously -approved plan exhibits ERYA CITY COUNCIL RESOLUTION 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A FIFTH TIME EXTENSION FOR SITE DEVELOPMENT PERMIT 2003- 762, INCLUDING ARCHITECTURAL, SITE, AND LANDSCAPING PLANS FOR LA PALOMA CASE NO.: SITE DEVELOPMENT PERMIT 2003-762 EXTENSION 5 APPLICANT: WESTLIVING, LLC WHEREAS, the City Council of the City of La Quinta, California did, on the 6t" day of August, 2013, hold a duly noticed Public Hearing to consider a request by WestLiving, LLC for approval of a fifth extension of time for architectural, site, and landscaping plans for a 208-unit senior living community located on the northeast corner of Washington Street and Avenue 50, more particularly described as: APN: 646-070-016 WHEREAS, the City Council of the City of La Quinta, California, did on the 7t" day of December, 2004, hold a duly noticed Public Hearing and approved by adoption of Resolution 2004-153, a request by Westport La Quinta, L.P. for approval of a Site Development Permit; and, WHEREAS, the City Council of the City of La Quinta, California, did on the 18t" day of September, 2007, hold a duly noticed Public Hearing and approved by adoption of Resolution 2007-089, a request by Westport La Quinta, L.P. for approval of a time extension for Site Development Permit 2003-762; and, WHEREAS, the City Council of the City of La Quinta, California, did on the 7t" day of October, 2008, hold a duly noticed Public Hearing and approved by adoption of Resolution 2008-063, a request by Westport La Quinta, L.P. for approval of a second time extension for Site Development Permit 2003-762; and, WHEREAS, the City Council of the City of La Quinta, California, did on the 19t" day of January, 2010, hold a duly noticed Public Hearing and approved by adoption of Resolution 2010-006, a request by WestLiving LLC, for approval of a third time extension for Site Development Permit 2003-762; and, WHEREAS, the City Council of the City of La Quinta, California, did on the 19t" day of July, 2011, hold a duly noticed Public Hearing and approved by adoption of Resolution 201 1-062, a request by WestLiving, LLC for approval of a fourth time extension and amendment for Site Development Permit 2003-762; and, E11161 City Council Resolution 2013- Site Development Permit 2003-762, Extension 5 WESTLIVING, LLC Page 2 WHEREAS, the applicant, on the 10t" day of July, 2013, applied for a fifth time extension; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the City Council did make the following mandatory findings to justify approval of the Site Development Permit Time Extension: 1 . Consistency with the General Plan The proposed Site Development Permit is consistent with the La Quinta General Plan, as it proposes a multi -unit age -restricted residential community, which is General Plan -designated for MHDR (Medium High Density Residential) development. 2. Consistency with the Zoning Code and La Paloma Specific Plan The proposed structures, as conditioned, are consistent with the development standards of the City's Zoning Code and the La Paloma Specific Plan, in terms of architectural style, building height, building mass, and landscaping. The community is consistent with the La Quinta Zoning Map, as it proposes a multi -unit age -restricted residential community which is General Plan -designated for MHDR (Medium High Density Residential) development. The site development permit has been conditioned to ensure compliance with the zoning standards of the MHDR district, and other supplemental standards as established in Title 9 of the La Quinta Municipal Code and the La Paloma Specific Plan. 3. Compliance with the California Environmental Quality Act (CEQA) The La Quinta Community Development Department has determined that this request has been previously assessed in conjunction with Environmental Assessment 2003-470 which was prepared for Specific Plan 2004-071 , which was certified on December 23, 2004. No changed circumstances or conditions are proposed which would trigger the preparation of subsequent environmental analysis pursuant to Public Resources Code Section 21166. 4. Architectural Design The architectural design aspects of the proposed La Paloma community provide interest through use of varied roof elements, enhanced building and facade treatments, and other design details which will be compatible Clot! City Council Resolution 2013- Site Development Permit 2003-762, Extension 5 WESTLIVING, LLC Page 3 with, and not detrimental to, surrounding development, and with the overall design quality prevalent in the City. 5. Site Design The site design aspects of the proposed La Paloma community, as conditioned, will be compatible with, and not detrimental to, surrounding development, and with the overall design quality prevalent in the City, in terms of interior circulation, pedestrian access, and other architectural site design elements such as scale, mass, and appearance. The main building and cottage units are properly sized with regards to height and floor area, and are situated at engineer -approved locations with regards to vehicular and pedestrian access. Furthermore, the visual impact of the two-story main building is minimized from view from the existing residential neighborhood to the north as the two-story portion of the main building is located a minimum of 75 feet from existing single-family homes on the south side of Saguaro Road, and the highest part of the main building, the uninhabited tower feature, is set back over 150-feet from the northern property line. 6. Landscape Design The proposed project is consistent with the landscaping standards and plant palette and implements the standards for landscaping and aesthetics established in the General Plan and Zoning Code. Additionally, the assorted species of plants, which are taken from the approved plant list in the La Paloma Specific Plan, provide diversity and add character to the proposed community. The project landscaping for the proposed community, as conditioned, shall unify and enhance visual continuity of the proposed community with the surrounding development. Landscape improvements are designed and sized to provide visual appeal. The permanent overall site landscaping utilizes various tree and shrub species to blend with the building architecture. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1 . That the above recitations are true and constitute the Findings of the City Council in this case; SECTION 2. That it does hereby approve a fifth time extension to July 19, 2015 for Site Development Permit 2003-762, for the reasons set forth in Er110 City Council Resolution 2013- Site Development Permit 2003-762, Extension 5 WESTLIVING, LLC Page 4 this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta City Council, held on this the 6t" day of August, 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 Help, CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 EXTENSION #5 WESTLIVING, LLC AUGUST 6, 2013 Page 1 of 28 GENERAL 1 . The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Site Development Permit shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. The Site Development Permit shall expire on July 19, 2015 and shall become null and void in accordance with La Quinta Municipal Code Section 9.200.080, unless a building permit has been issued. A time extension may be requested per LQMC Section 9.200.080. 4. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Riverside County Fire Marshal • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan (WQMP) Exemption Form — Whitewater River Region, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District (DSUSD) • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Regional Water Quality Control Board (CRWQCB) • State Water Resources Control Board • SunLine Transit Agency (SUNLINE) • South Coast Air Quality Management District Coachella Valley (SCAQMD) 407 Page 1 of 28 CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 EXTENSION #5 WESTLIVING, LLC AUGUST 6, 2013 Page 2 of 28 The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When these requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 5. Coverage under the State of California Construction General Permit must be obtained by the applicant; who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI") and Waste Discharger Identification (WDID) number to the City prior to the issuance of a grading or building permit. 6. The applicant shall comply with applicable provisions of the City's NPDES r discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board — Colorado River Basin Region Board Order No. R7-201 3-0011 and the State Water Resources Control Board's Order No. 2009-0009-DWQ and Order No. 2010- 0014-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP") to the State Water Resources Control Board. The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. C. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (LQMC Section 8.70.020 (Definitions)): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 408 Page 2 of 28 CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 EXTENSION #5 WESTLIVING, LLC AUGUST 6, 2013 Page 3 of 28 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. A. The SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City Council. 7. Permits issued under this approval shall be subject to the provisions of the Development Impact Fee and Transportation Uniform Mitigation Fee programs in effect at the time of issuance of building permit(s). 8. Approval of this Site Development Permit shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. 9. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney's fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. 10. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant's fees incurred by the City for engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. PROPERTY RIGHTS 1 1 . Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to 409 Page 3 of 28 CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 EXTENSION #5 WESTLIVING, LLC AUGUST 6, 2013 Page 4 of 28 dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 12. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer or the HOA over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing private streets that access public streets and open space/drainage facilities of the master development. 13. The applicant shall offer for dedication all public street rights -of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, site development permit, and/or as required by the City Engineer. 14. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Washington Street (Major Arterial, 120' ROW) — The standard 60 feet from the centerline of Washington Street for a total 120-foot ultimate developed right of way except for: Additional right-of-way is required on Washington Street north of Avenue 50 to provide for the realignment of Washington Street to accommodate the dual left turn lanes for southbound Washington Street to eastbound Avenue 50 as approved by the City Engineer. A. An additional variable right of way dedication for a deceleration/right turn only lane and bus turnout at the proposed primary project entry measured seventy-six feet (76') east of the centerline of Washington Street and length as conditioned under STREET AND TRAFFIC IMPROVEMENTS (Condition of Approval No. 23A(1)(b)). 2) Avenue 50 (Primary Arterial, Option B 100' ROW) — The standard 50 feet from the centerline of Avenue 50 for a total 100-foot ultimate developed right of way except for: A. An additional right of way dedication of 10 feet for a right turn only lane at the Avenue 50 intersection with Washington 410 Page 4 of 28 CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 EXTENSION #5 WESTLIVING, LLC AUGUST 6, 2013 Page 5 of 28 Street (a total of sixty feet (60') north Avenue 50) and length as conditioned TRAFFIC IMPROVEMENTS (Condition 23A(2)(a)). of the centerline of under STREET AND of Approval No. 15. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. Pursuant to this requirement, the Applicant shall include in the submittal packet containing the rough grading plans submitted for plan checking, an offsite street geometric layout, drawn at 1 " equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement. 16. When the City Engineer determines that access rights to the proposed street right- of-way shown on the approved Site Development Permit are necessary prior to approval of the improvements dedicating such right-of-way, the applicant shall grant the necessary right-of-way within 60 days of a written request by the City. 17. The applicant shall create perimeter landscaping setbacks along all public rights - of -way as follows: A. Washington Street (Major Arterial) - 20-foot from the R/W-P/L. B. Avenue 50 (Primary Arterial) — A minimum 20-foot from the R/W-P/L. The listed setback depth shall be the average depth where a meandering wall design is approved. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 411 Page 5 of 28 CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 EXTENSION #5 WESTLIVING, LLC AUGUST 6, 2013 Page 6 of 28 18. At locations where the onsite finished grade adjacent to the landscaped setback lot has an elevation differential with respect to the arterial street top of curb exceeding 11.0 feet, the applicant shall comply with, and accommodate, the maximum slope gradients in the parkway/setback area and meandering sidewalk requirements by either: 1) increasing the landscape setback size as needed, or 2) installing retaining walls between the sidewalk and the back of the landscaped area as needed. 19. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. 20. Direct vehicular access to Washington Street and Avenue 50 from lots with frontage along Washington Street and Avenue 50 is restricted, except for those access points identified on the Site Development Permit, or as otherwise conditioned in these conditions of approval. 21. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 22. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property after the date of approval of the Site Development Permit unless such easement is approved by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 23. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access for Individual Properties and Development) for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 24. Streets shall have vertical curbs or other approved curb configurations that will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations. If a wedge or rolled curb design is approved, the lip at the flowline shall be near vertical with a 1 /8" batter and a minimum height of 0.1 '. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 25. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) 412 Page 6 of 28 CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 EXTENSION #5 WESTLIVING, LLC AUGUST 6, 2013 Page 7of28 A. OFF -SITE STREETS 1) Washington Street (Major Arterial; 120' R/W): Widen the east side of the street along all frontage adjacent to the project boundary to its ultimate width on the east side as specified in the General Plan and the requirements of these conditions. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. The east curb face shall be located fifty-one feet (51') east of the centerline, except at locations where additional street width is needed to accommodate: a) The applicant shall construct a concrete bus stop pad equipped with night lighting, bench, and trash receptacle north of the primary entry drive on Washington Street as approved by the Community Development Director and the City Engineer. Bus turnout shall be provided if required by SunLine Transit for the bus stop. b) A deceleration/right turn only lane with bus turnout incorporated as part of the lane (if approved by SunLine Transit and the City Engineer) shall be provided at the Washington Street Primary Entry. The east curb face shall be located sixty four feet (64') east of the centerline and length to be determined by a traffic study prepared for the applicant by a licensed traffic engineer per Engineering Bulletin # 06-13 or as determined by the City Engineer. c) The east curb face shall be located fifty-six (56') east from the centerline of Washington Street to accommodate the dual left turn lane on southbound Washington Street at the Avenue 50 intersection. Other required improvements in the Washington Street right-of-way and/or adjacent landscape setback area include: d) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. e) 8-foot wide meandering sidewalk. The meandering sidewalk 413 Page 7 of 28 CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 EXTENSION #5 WESTLIVING, LLC AUGUST 6, 2013 Page 8 of 28 shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. f) Extend the existing raised median on Washington Street north of Avenue 50 to line up with the curb face on the south side of the primary entrance to prevent southbound Washington Street traffic from making illegal left turns into the project entrance on Washington Street as approved by the City Engineer. g) Establish a Class II Level II benchmark in the Washington Street right of way and file a record of the benchmark with the County of Riverside. 2) Avenue 50 (Primary Arterial — Option B; 100' R/W): Widen the north side of the street along all frontage adjacent to the project boundary to its ultimate width on the east side as specified in the General Plan and the requirements of these conditions. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. The north curb face shall be located thirty-eight feet (38') north of the centerline, except at locations where additional street width is needed to accommodate: a) A right turn only lane on Avenue 50 at the Avenue 50/Washington Street intersection. The north curb face shall be located forty eight feet (48') north of the centerline of Avenue 50 and deceleration length to be determined by a traffic study prepared for the applicant by a licensed traffic engineer per Engineering Bulletin # 06-13 or as determined by the City Engineer. 414 Page 8 of 28 CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 EXTENSION #5 WESTLIVING, LLC AUGUST 6, 2013 Page 9 of 28 Other required improvements in the Avenue 50 right-of-way and/or adjacent landscape setback area include: b) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. c) 6-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. d) A 12-foot wide raised landscaped median plus variable width as needed along the entire project boundary to accommodate a left turn lane for the eastbound Avenue 50 traffic into the project entry on the north side and for dual left turn lanes for westbound Avenue 50 traffic at the intersection of Washington Street and Avenue 50. Interim and ultimate improvements shall be as approved by the City Engineer. The applicant shall be responsible for 50% of the cost to design and construct said raised landscaped median. The landscaped median improvements are eligible for reimbursement from the City's Development Impact Fee fund in accordance with policies established for that program. e) In the event the left turn pocket for eastbound Avenue 50 traffic into the project entry is constructed prior to the construction of the off -site improvements associated with the development on other side of the street, the applicant shall widen the south side of Avenue 50 along the project boundary to its existing southerly right-of-way to maintain the currently existing two eastbound through lanes on Avenue 50 (minimum 24 feet) as approved by the City Engineer. 415 Page 9 of 28 CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 EXTENSION #5 WESTLIVING, LLC AUGUST 6, 2013 Page 10 of 28 The applicant shall extend improvements beyond the project boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). Entry drives, main interior circulation routes, standard knuckles, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. The applicant is responsible for construction of all improvements mentioned above. B. INTERNAL STREETS 1) Construct internal streets per the approved Site Development Permit Preliminary Grading Exhibit and as approved by the City Engineer. Minimum street width shall be 26 feet except at the entry accessway. On -street parking shall be prohibited except in designated parking stall areas. The applicant shall make provisions for perpetual enforcement of the No Parking restrictions. 2) The location of driveways shall not be located within the curb return when possible. C. KNUCKLE 1) Construct the knuckle to conform to the lay -out shown in the Site Development Permit, except for minor revisions as may be required by the City Engineer. 26. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential/ Parking Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b. Parking Lot & Aisles (High Traffic) 4.5" a.c./5.5" c.a.b. Primary Arterial 4.5" a.c./6.0" c.a.b. 416 Page 10 of 28 CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 EXTENSION #5 WESTLIVING, LLC AUGUST 6, 2013 Page 11 of 28 Major Arterial 5.5" a.c./6.5" c.a.b. or the approved equivalents of alternate materials. 27. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 28. General access points and turning movements of traffic are limited to the following: A. Primary Entry (Washington Street): Right turn movements in and out are allowed. Left turn movements in and out are prohibited. All right -turn -out only driveways shall have a splitter median island located in the driveway throat that adequately channelizes the exiting right -turn vehicles turning onto the arterial street to eliminate illegal left turns. The splitter island shall be designed in conformance with design concepts approved by the City Engineer. B. Primary Entry (Avenue 50): Right turn in and out and left turn in movements are allowed. Left turn movements out are prohibited. All right - turn -out only driveways shall have a splitter median island located in the driveway throat that adequately channelizes the exiting right -turn vehicles turning onto the arterial street to eliminate illegal left turns. The splitter island shall be designed in conformance with design concepts approved by the City Engineer. 29. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 30. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 417 Page 11 of 28 CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 EXTENSION #5 WESTLIVING, LLC AUGUST 6, 2013 Page 12 of 28 31. Standard knuckles and corner cut -backs shall conform to Riverside County Standard Drawings #801 and #805, respectively, unless otherwise approved by the City Engineer. PARKING LOTS and ACCESS POINTS 32. The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: A. The parking stall and aisle widths and the double hairpin stripe parking stall design shall conform to LQMC Chapter 9.150. B. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans to evaluate ADA accessibility issues. D. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. E. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a minimum of 17 feet in length with a 2-foot overhang for standard parking stalls and 18 feet with a 2-foot overhang for handicapped parking stall or as approved by the City Engineer. One van accessible handicapped parking stall is required per 8 handicapped parking stalls. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 33. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement Plans). 418 Page 12 of 28 CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 EXTENSION #5 WESTLIVING, LLC AUGUST 6, 2013 Page 13 of 28 34. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan 1 " = 40' Horizontal B. PM 10 Plan 1 " = 40' Horizontal C. WQMP (Plan submitted in Report Form) NOTE: A through C to be submitted concurrently. D. On -Site Precise Grading Plan 1 " = 30' Horizontal E. Off -Site Street Improvement/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical F. Off -Site Signing & Striping Plan 1 " = 40' Horizontal The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. G. On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical NOTE: D through G to be submitted concurrently. (Separate Storm Drain Plans if applicable) H. Off -Site Median Landscaping Plans 1 " = 40' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. 419 Page 13 of 28 CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 EXTENSION #5 WESTLIVING, LLC AUGUST 6, 2013 Page 14 of 28 All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2010 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Public Works Department in conjunction with the Site Development Plan when it is submitted for plan checking. "On -Site Precise Grading" plans shall improvements including but not limited building floor elevations, wall elevations requirements. normally include all on -site surface to finish grades for curbs & gutters, parking lot improvements and ADA 35. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Department at the City website (www.la- quinta.org). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 36. The applicant shall furnish a complete set of all approved improvement plans on a storage media acceptable to the City Engineer (currently mylars). 37. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the 420 Page 14 of 28 CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 EXTENSION #5 WESTLIVING, LLC AUGUST 6, 2013 Page 15 of 28 drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the FOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 38. Prior to constructing any off -site improvements on Washington Street and Avenue 50, the applicant deposit securities equivalent to both a Performance and labor & Material Bonds each valued at 100% of the cost of the off -site improvements required on Washington Street and Avenue 50. 39. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 40. Depending on the timing of the development of this Site Development Permit, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these actions, as the City may require. Off -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements in the first phase of construction. 421 Page 15 of 28 CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 EXTENSION #5 WESTLIVING, LLC AUGUST 6, 2013 Page 16 of 28 In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 41. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off - site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. GRADING 42. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 43. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 44. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a civil engineer registered in the State of California, B. A preliminary geotechnical ("soils") report prepared by an engineer registered in the State of California, C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and 422 Page 16 of 28 CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 EXTENSION #5 WESTLIVING, LLC AUGUST 6, 2013 Page 17 of 28 D. A Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES Stormwater Discharge Permit and Storm Management and Discharge Controls). E. WQMP prepared by an engineer registered in the State of California. All grading shall conform with the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by soils engineer, or engineering geologist registered in the State of California. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. Additionally, the applicant shall replenish said security if expended by the City of La Quinta to comply with the Plan as required by the City Engineer. 45. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 46. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1 . All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 47. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the preliminary grading plan, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. Pursuant to the aforementioned, the applicant is advised of the Coachella Valley Water District letter dated May 24, 2011 to the Community Development Department stating the development may set the finish floor elevations at a minimum of 47 feet MSL with the condition that the 423 Page 17 of 28 CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 EXTENSION #5 WESTLIVING, LLC AUGUST 6, 2013 Page 18 of 28 development be protected by means of a flood wall along the La Quinta Evacuation Channel. The flood wall shall be certified by a geotechnical engineer with the top of the wall at a minimum elevation of 52 feet AMSL as required by CVWD. 48. Building pad elevations of perimeter lots shall not differ by more that one foot higher from the building pads in adjacent developments. 49. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. 50. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus half of a foot (0.5') from the elevations shown on the approved Site Development Permit Site Plan, the applicant shall submit the proposed grading changes to the City Engineer for a substantial conformance finding review. 51. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. nRAINAC;F 52. If permitted by CVWD and the City Engineer, when an applicant proposes discharge of storm water directly, or indirectly, into the La Quinta Evacuation Channel, the applicant shall execute an indemnification instrument as approved by the City Engineer and City Attorney. Additionally, the applicant shall pay for all costs of sampling and testing associated with the development's drainage discharge which may be required under the City's NPDES Permit or other City or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The applicant is required to construct required discharge treatment Best Management Practice facilities per the NPDES Permit Supplement A but at a minimum shall install a CDS Unit or equal system as approved by the City Engineer. The indemnification shall be 424 Page 18 of 28 CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 EXTENSION #5 WESTLIVING, LLC AUGUST 6, 2013 Page 19 of 28 executed and furnished to the City prior to the issuance of any grading, construction or building permit, and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative parcel map excepting therefrom those portions required to be dedicated or deeded for public use. If such discharge is approved for this development, the applicant shall make provisions for meeting these obligations. The 100-year storm water hydraulic grade line shall be at elevation 48 feet or as determined by CVWD and the City Engineer. Additionally, the applicant shall submit verification to the City of CVWD acceptance of the proposed discharge of storm water directly, or indirectly, into the La Quinta Evacuation Channel with the initial submittal of storm drain improvement plans. 53. Since the preliminary rough grading plans previously submitted to the Public Works Department did not demonstrate how storm water would be adequately discharged into the La Quinta Evacuation Channel during major storm events resulting in possible flooding of the site, the applicant is hereby notified that future site modifications may be necessary including, but not limited to building and street reconfiguration and additional improvements to the existing drainage facilities. Verification of the proposed storm water retention system is subject to review and approval by the Coachella Valley Water District and the City Engineer. If in the event, the proposed retention capacity or pass through storm water flow is found to be inadequate during final design, the Applicant shall revise what is currently proposed in the preliminary hydrology study and make adjustments to the site layout as needed to accommodate the increased retention/detention or pass through capacity required to satisfy safety issues of the Public Works Department and CVWD. Pursuant to the aforementioned, the applicant may be required to construct additional underground and above ground drainage facilities to convey on site and off site stormwater as well as stormwater from adjacent terrain by the La Quinta Evacuation Channel that historically flows onto and/or through the project site. Any proposed channels that convey stormwater shall be lined to protect against erosion as required by the Public Works Department and CVWD. 54. If the development is not able to discharge storm or nuisance water from the project into the La Quinta Evacuation Channel, the applicant shall comply with the provisions of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 425 Page 19 of 28 CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 EXTENSION #5 WESTLIVING, LLC AUGUST 6, 2013 Page 20 of 28 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be either the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. 55. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 56. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise and as approved by the City Engineer. 57. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 58. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 59. For on -site above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems. Side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin. 60. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to LQMC Section 9.100.040(B)(7). 61. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 62. The development shall be graded to permit storm flow in excess of retention 426 Page 20 of 28 CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 EXTENSION #5 WESTLIVING, LLC AUGUST 6, 2013 Page 21 of 28 capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 63. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 64. The applicant shall comply with applicable provisions for post construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-201 3-0011. A. For post -construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-001 1. B. The applicant shall implement the WQMP Design Standards per (CRWQCB- CRB) Region Board Order No. R7-2013-0011 utilizing BMPs approved by the City Engineer. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. C. The developer shall execute and record a Stormwater Management/BMP Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs. 65. The applicant shall install suitable facilities along the easterly boundary of the project to preserve CVWD access and prohibit access to the right-of-way of the La Quinta Evacuation Channel. Additionally, the applicant shall work with CVWD to construct a perpetual maintenance access to the La Quinta Evacuation Channel as required by CVWD and approved by the City Engineer. UTILITIES 66. The applicant shall comply with the provisions of LQMC Section 13.24.110 427 Page 21 of 28 CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 EXTENSION #5 WESTLIVING, LLC AUGUST 6, 2013 Page 22 of 28 (Utilities). 67. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 68. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 69. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. Additionally, grease traps and the maintenance thereof shall be located as to not conflict with access aisles/entrances. 70. Utility easements in favor of CVWD shall be clear of any obstructions including overhead obstructions. CONSTRUCTION 71. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPE AND IRRIGATION 72. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 428 Page 22 of 28 CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 EXTENSION #5 WESTLIVING, LLC AUGUST 6, 2013 Page 23 of 28 73. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 74. All new and modified landscape areas shall have landscaping and permanent irrigation improvements in compliance with the City's Water Efficient Landscape regulations contained in LQMC Section 8.13 (Water Efficient Landscape). 75. Lighting plans shall be submitted with the final landscaping plans for a recommendation to the Community Development Director for his approval. Exterior lighting shall be consistent with LQMC Section 9.100.150 (Outdoor Lighting). All freestanding lighting shall not exceed 18 feet in height, and shall be fitted with a visor if deemed necessary by staff to minimize trespass of light off the property. The illuminated carports shall be included in the photometric study as part of the final lighting plan submittal. 76. All water features shall be designed to minimize "splash", and use high efficiency pumps and lighting to the satisfaction of the Community Development Director. They shall be included in the landscape plan water efficiency calculations per Municipal Code Chapter 8.13. 77. All rooftop mechanical equipment shall be completely screened from view behind the parapet. Utility transformers or other ground mounted mechanical equipment shall be fully screened with a screening wall or landscaping and painted to match the adjacent buildings. 78. The applicant shall submit the final landscape plans for review, processing and approval to the Community Development Department, in accordance with the Final Landscape Plan application process. Community Development Director approval of the final landscape plans is required prior to issuance of the first building permit unless the Community Development Director determines extenuating circumstances exist which justifies an alternative processing schedule. Landscape plans for landscaped medians on public streets shall be approved by both the Community Development Director and the City Engineer. NOTE: Plans are not approved for construction until signed by both the Community Development Director and/or City Engineer. 79. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the American Association of State Highway and 429 Page 23 of 28 CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 EXTENSION #5 WESTLIVING, LLC AUGUST 6, 2013 Page 24 of 28 Transportation Officials (AASHTO) "A Policy on Geometric Design of Highways and Streets, 5th Edition" or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. 80. All trees located within the project site shall have a minimum trunk caliper of 2.5 inches. 81. Final field inspection of all landscaping materials, including all vegetation, hardscape and irrigation systems is required by the Community Development Department prior to final project sign -off by the Community Development Department. Prior to such field inspection, written verification by the project's landscape architect of record stating that all vegetation, hardscape and irrigation systems have been installed in accordance with the approved final landscape plans shall be submitted to the Community Development Department. 82. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Community Development Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. PUBLIC SERVICES 83. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. MAINTENANCE 84. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 85. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, access drives, sidewalks, and stormwater BMPs. FEES AND DEPOSITS 86. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). These fees include all deposits and fees required by the City for 430 Page 24 of 28 CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 EXTENSION #5 WESTLIVING, LLC AUGUST 6, 2013 Page 25 of 28 plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 87. Permits issued under this approval shall be subject to the Coachella Valley Multi - Species Habitat Conservation Plan/Natural Community Habitat Conservation Plan Mitigation Fee, in accordance with LQMC Chapter 3.34. FIRE DEPARTMENT 88. Provide or show there exists a water system capable of delivering a fire flow 4000GPM per minute for four hours duration at 20 psi residual operating pressure, which must be available before any combustible material is placed on the construction site. 89. Approved accessible on -site super fire hydrants shall be located not to exceed 200 feet apart in any direction. Any portion of the facility or of an exterior wall of the first story of the building shall not be located more than 150 feet from fire apparatus access roads as measured by an approved route around the complex, exterior of the facility or building. 90. The minimum dimension for gates is 20 feet clear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height. Any gate providing access from a road shall be located at least 35 feet setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, a 38-foot turning radius shall be used. 91. Prior to building plan approval and construction, applicant/developer shall furnish two copies of the water system fire hydrant plans to Fire Department for review and approval. Plans shall be signed by a registered civil engineer, and shall confirm hydrant type, location, spacing, and minimum fire flow. Once plans are signed and approved by the local water authority, the originals shall be presented to the Fire Department for review and approval. 92. Prior to issuance of building permits, the water system for fire protection must be provided as approved by the Fire Department and the local water authority. 93. Blue dot retro-reflectors driveways to indicated www.rvcfire.org) pavement markers on private streets, public streets and location of the fire hydrant. 06-05 (located at 431 Page 25 of 28 CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 EXTENSION #5 WESTLIVING, LLC AUGUST 6, 2013 Page 26 of 28 94. Fire Apparatus access road shall be in compliance with the Riverside County Fire Department Standard number 06-05 (located at www.rvcfire.org). Access lanes will not have an up, or downgrade of more than 15%. Access roads shall have an unobstructed vertical clearance not less than 13 feet and 6 inches. Access lanes will be designed to withstand the weight of 60 thousand pounds over 2 axles. Access will have a turning radius capable of accommodating fire apparatus. Access lane shall be constructed with a surface so as to provide all weather driving capabilities. 95. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provision for the turnaround capabilities of fire apparatus 96. Driveway loops, fire apparatus access lanes and entrance curb radius should be designed to adequately allow access of emergency fire vehicles. The applicant or developer shall include in the building plans the required fire lanes and include the appropriate lane printing and/or signs. 97. An approved Fire Department access key lock box shall be installed next to the approved Fire Department access door to the building. Required order forms and installation standards may be obtained at the Fire Department. 98. Display street numbers in a prominent location on the address side of building(s) and/or rear access if applicable. Numbers and letters shall be a minimum of 12" in height for building(s) up to 25' in height. In complexes with alpha designations, letter size must match numbers. All addressing must be legible, of a contrasting color, and adequately illuminated to be visible from street at all hours. 99. Should any portion of the building be deemed "mixed occupancy" the sprinkler system shall be designed per referenced standard NFPA13R 7.2.4.1 through 7.2.4.2 per the CBC. 100. The PIV and FCD shall be located to the front of building and a minimum of 25 feet from the building(s). Sprinkler riser room must have indicating exterior and/or interior door signs. A C-16 licensed contractor must submit plans, along with current permit fees, to the Fire Department for review and approval prior to installation. 101. Install an alarm monitoring system for fire sprinkler system(s) with 20 or more heads, along with current permit fees, to the Fire Department for review and approval prior to installation. 432 Page 26 of 28 CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 EXTENSION #5 WESTLIVING, LLC AUGUST 6, 2013 Page 27 of 28 102. Install a portable fire extinguisher, with a minimum rating of 2A-10BC, for every 3,000 sq. ft. and/or 75 feet of travel distance. Fire extinguishers shall be mounted 3.5 to 5 ft above finished floor, measured to the top of the extinguisher. Where not readily visible, signs shall be posted above all extinguishers to indicate their locations. Extinguishers must have current CSFM service tags affixed. 103. No hazardous materials shall be stored and/or used within the building, which exceeds quantities listed in 2010 CBC. No class I, II or IIIA of combustible/flammable liquid shall be used in any amount in the building. 104. Exit designs, exit signs, door hardware, exit markers, exit doors, and exit path marking shall be installed per the 2010 California Building Code. 105. Electrical room doors if applicable shall be posted "ELECTRICAL ROOM" on outside of door. 106. Fire Alarm Control Panel room doors if applicable shall be posted "FACP" on outside of door. 107. Fire Riser Sprinkler room doors if applicable shall be posted "Fire Riser" on outside of door. 108. Roof Access room door if applicable shall be posted "Roof Access" on outside of door. 109. Access shall be provided to all mechanical equipment located on the roof as required by the Mechanical Code. 110. Air handling systems supplying air in excess of 2000 cubic feet per minute to enclosed spaces within buildings shall be equipped with an automatic shutoff. 2010 CMC 111. Gate(s) shall be automatic or manual operated. Install Knox key operated switches, with dust cover, mounted per recommended standard of the Knox Company. Building plans shall include mounting location/position and operating standards for Fire Department approval. 112. Nothing in our review shall be construed as encompassing structural integrity. Review of this plan does not authorize or approve any omission or deviation from all applicable regulations. Final approval is subject to plan review and field inspection. All questions regarding the meaning of the code requirements should 433 Page 27 of 28 CITY COUNCIL RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 EXTENSION #5 WESTLIVING, LLC AUGUST 6, 2013 Page 28 of 28 be referred to Fire Department at 760-863-8886. COMMUNITY DEVELOPMENT DEPARTMENT 113. Approved Cultural Resource Monitor(s) be present during all ground disturbing activities. Experience has shown that there is always a possibility of encountering buried cultural resources during construction related excavations, or archaeological testing/data recovery. Should buried cultural deposits be encountered, the Monitor may request that destructive construction halt and the Monitor shall notify a Qualified (Secretary of the Interior's Standards and Guidelines) Archaeologist to investigate and, if necessary, prepare a mitigation plan for submission to the City and the Agua Caliente THPO. 114. Additionally, in accordance with State law, the County Coroner should be contacted if any human remains are found during earthmoving activities. If the remains are determined to be of Native American origin, the Native American Heritage Commission (NAHC) shall be contacted. The NAHC will make a determination of the Most Likely Descendent (MLD). The City will work with the designated MLD to determine the final disposition of the remains. 115. A sign permit shall be submitted for staff approval for proposed monument signs specified in Specific Plan 2004-071 Amendment 1. 116. As part of the Final Landscape Plan review process, the applicant shall submit a revised plan for the main entrance vehicular courtyard depicting either the removal of the water feature within the drive aisle or redesign of the water feature with an enhanced interactive design. As part of the Final Landscape Plan review process, the applicant shall submit a revised plant palette that reflects an increased use of Colorado Desert native type species of plants and shrubs. 434 Page 28 of 28 coATTACHMENT # 1 o =.Lno Cl 2! _ Z � o CJ? w S o co cu = c Q z E U Q © v Q U Q) C�6 �( i n u i 3 JUL- 7 I L _��. �,� _' •�' �L ,�I .ice' ;� � ' ���� �¢ � , ,.� i 11 11MIN •—�`w '� L, � gip. ,�,;xY1_ � . ®� �,� t .Y,�'p� '?® � ,�y'"n �` h E �, �, �..," � It s MISS AP a t P " T t� i t ATTACHMENT # 2 �'' WESTliving RECEIVED Mr. Jay Won, Associate Planner City of La Quinta, Planning Department CITY OF LA QUINTA MUNITY DEVELO 78-495 Calle Tampico COMPMENT La Quinta, California 92253 RE: Time Extension Request for Site Development Permit 03-762; 14 acre parcel located at the Northeast corner of Washington Street and Avenue 50 (AJ?N 676-070-016-2) wfflmffl� On July 19, 2011, WESTliving received City Council approval of Site Development Permit 2003-762 for the future development of a 2-unit senior independent living, assisted living and memory care community located at the northeast corner of Washing,1011 Street and Avenue 50 in the City of LaQuinta. According to Condilion No. 3 oi'City C:0JluCil RCS011-ition 2011-062, the Site Development permit will CXplfC on July 19. 2013, unless a building permit has been issued or a time extension is requested in accordance with Section 9.200-080 of the LaQkiiiita Municipal Code. #ver the past two years, WESTliving has been evaluating the market and economic conditions of the Coachella Valley and, unfortunately, our project is on hold until the economic conditions, as evidenced by the median home values, improve in the market area. We have observed some economic improvements in the area but not enough to justify a capital investment between $50rn and $60m to develop this property for its intended use. We believe there will be a demand for senior housing and our project in the future. Therefore, in accordance with Section 9.200,080 of the LaQuinta Municipal Code, WESTliving is requesting approval of a two year time extension of She Development Permit 2003 -762, Enclosed is a signed copy of the Site Development Permit Application form, filing fee in the amount of $1,359 and required plans and materials needed to process the time extension request. If you have any questions, or need additional information, I can be reached at 760-602-5786. Sincerely, WSL La Quints, RJE, LLC log ii-Gareen-- VP of Development ROGER GREEN Vicr PRESIDENT AcogjisITIONS AND DEVELOPMENT ,5796 ARMADA "E'Ri WE sufff '500 CARLSBAD, CA 92008 C760) 602-58150 OFFICE "760) 60158551 KLLN-� 'C WESILIVING.NP YrWESThvinglil i. WEST'living, LLC 1 5796 Armada Drive, Suite 3001 Carlsbad, CA 92008 1 (760) 602-5850 1 (760) 602-5851 Fax 436 ATTACHMENT # 3 9M0WD16n'P- J-D a7 _ 'a ESZZ6 vlwOAM ejuln-0 el 10S anuaAv 13 j9ajj5 uojSu!t4s-ll% R —8. 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