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2013 11 19 CCCity Council agendas and staff reports are now available on the City's web page: www./a-quinta.org CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 78-495 Calle Tampico, La Quinta REGULAR MEETING ON TUESDAY, NOVEMBER 19, 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 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 IN THE LA QUINTA VILLAGE, EAST OF AVENIDA MENDOZA, SOUTH OF CALLE TAMPICO, WEST OF AVENIDA NAVARRO AND NORTH OF AVENIDA MONTEZUMA (APN'S 773-076-002; 773-076-003; 773-076-004; 773-076-005; 773-076- 010; 773-076-01 1 ; 773-076-012; 773-076-013; 773-077-013; AND 773- 077-014). PROPERTY OWNER/NEGOTIATOR: HITZKE DEVELOPMENT CORPORATION, GINGER HITZKE CITY COUNCIL AGENDA 1 NOVEMBER 19, 2013 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). NEGOTIATORS: JOHN GAMLIN, MERIWETHER COMPANIES; ROBERT S. GREEN, JR., THE ROBERT GREEN COMPANY 3. CONFERENCE WITH LEGAL COUNSEL, TWO (2) EXISTING LITIGATION MATTERS PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a), CITY OF LA QUINTA V. PH RANCH LLC, ET AL, ORANGE COUNTY SUPERIOR COURT CASE NO. 30-2013-00670755-CU-BC-CJC AND ARCH INSURANCE COMPANY V. CITY OF LA QUINTA, RIVERSIDE SUPERIOR COURT CASE NO. PSC1301939 4. 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 RECESS TO THE CLOSED SESSION OF THE CITY COUNCIL 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 . PUBLIC SERVICE ANNOUNCEMENT FOR CITIZENS ON PATROL PROGRAM 2. COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT WRITTEN COMMUNICATIONS — NONE CITY COUNCIL AGENDA 2 NOVEMBER 19, 2013 APPROVAL OF MINUTES PAGE 1 . MINUTES OF OCTOBER 15, 2013 9 2. MINUTES OF SPECIAL MEETING - OCTOBER 19, 2013 21 CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. 1. RECEIVE AND FILE TREASURER'S REPORT DATED SEPTEMBER 23 30, 2013 2. RECEIVE AND FILE REVENUE & EXPENDITURE REPORTS DATED 35 SEPTEMBER 30, 2013 3. APPROVE ON SITE AND OFF SITE REPLACEMENT SUBDIVISION 49 IMPROVEMENT AGREEMENTS FOR TRACT MAP NO. 32879, GRIFFIN RANCH, LENNAR HOMES OF CALIFORNIA, INCORPORATED 4. ACCEPT SILVERROCK RESORT PARKING LOT AMERICANS WITH 81 DISABILITIES ACT IMPROVEMENTS 5. ACCEPT CALLE SINALOA AND AVENUE 52 SIDEWALK INFILL 85 IMPROVEMENTS 6. ACCEPT ON SITE IMPROVEMENTS ASSOCIATED WITH TRACT 89 MAP NO. 31 202-3, RANCHO SANTANA 7. APPROVE CONTRACT CHANGE ORDER NO. 1 AND ACCEPT 93 SILVERROCK RESORT IRRIGATION RELOCATION IMPROVEMENTS 8. APPROPRIATE FUNDS AND AWARD CONTRACT TO NEW 103 CONSTRUCTION SOLUTIONS TO CONSTRUCT CITY HALL LIGHTING CONVERSION PROJECT 9. EXCUSE COMMISSIONER MICHELE LAWRENCE'S ABSENCE 107 FROM THE NOVEMBER 4, 2013 COMMUNITY SERVICES COMMISSION MEETING 10. EXCUSE BOARD MEMBER DAVID PARK'S ABSENCE FROM THE 109 OCTOBER 9, 2013 INVESTMENT ADVISORY BOARD MEETING CITY COUNCIL AGENDA 3 NOVEMBER 19, 2013 PAGE 11. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH DUDEK 111 TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR WASHINGTON STREET REHABILITATION IMPROVEMENTS 12. APPROVE DEMAND REGISTER DATED NOVEMBER 5, 2013 151 13. APPROVE DEMAND REGISTER DATED NOVEMBER 19, 2013 173 14. APPROPRIATE FUNDS, APPROVE PLANS, SPECIFICATIONS AND 197 ENGINEER'S ESTIMATE, AND OBTAIN BIDS FOR HEATING, VENTILATION, AND AIR CONDITIONING SYSTEMS 1 AND 2 AT CITY HALL 15. AWARD DESIGN/BUILD CONTRACT TO DOUG WALL 199 CONSTRUCTION FOR LA QUINTA COMMUNITY HEALTH AND WELLNESS CENTER 16. DENY CLAIM FOR DAMAGES FILED BY SANDRA ROGERS; DATE 201 OF LOSS - AUGUST 25, 2013 17. RESOLUTION SUPPORTING THE ESTABLISHMENT OF DAILY 203 INTERCITY RAIL SERVICE FROM LOS ANGELES TO THE COACHELLA VALLEY VIA THE INLAND EMPIRE [RESOLUTION 2013- 0501 18. OVERNIGHT TRAVEL FOR ONE COUNCIL MEMBER TO ATTEND 223 THE LOCAL GOVERNMENT COMMISSION'S 2013 ANNUAL AHWAHNEE CONFERENCE FOR ELECTED OFFICIALS HELD MARCH 15-17, 2013 AT YOSEMITE NATIONAL PARK BUSINESS SESSION 1. APPROPRIATE FUNDS TO THE COACHELLA VALLEY ECONOMIC 219 PARTNERSHIP IN SUPPORT OF THE iHUB ACCELERATOR NETWORK PROJECT 2. INTRODUCE ORDINANCE TO REVISE TITLE 8 OF THE LA QUINTA 223 MUNICIPAL CODE AND ADOPT THE 2013 CALIFORNIA BUILDING STANDARDS CODE WITH LOCAL AMENDMENTS A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING B. INTRODUCE ORDINANCE NO. 517 ON FIRST READING CITY COUNCIL AGENDA 4 NOVEMBER 19, 2013 PAGE 3. APPROVE ART PURCHASE AGREEMENT WITH THE LA QUINTA 271 HISTORICAL SOCIETY AND MARIA HUNT FOR COVE WELCOME SIGNS 4. APPROVE AGREEMENT BETWEEN CITY OF LA QUINTA AND 303 COACHELLA VALLEY WATER DISTRICT FOR CONSTRUCTION OF A PARALLEL CANAL WITHIN SILVERROCK RESORT STUDY SESSION 1. DISCUSS MODIFICATIONS TO ROUNDABOUT AT JEFFERSON 359 STREET/AVENUE 52 AND INSTALLATION OF NEW ROUND- ABOUT AT WESTWARD HO DRIVE/ROADRUNNER LANE 2. DISCUSS AMENDMENT TO CITY OF LA QUINTA MUNICIPAL 367 CODE REGARDING TRUCK ROUTES REPORTS AND INFORMATIONAL ITEMS 1 . CVAG CONSERVATION COMMISSION (Evans) 2. CVAG ENERGY & ENVIRONMENTAL RESOURCES COMMITTEE (Evans) 3. GREATER PALM SPRINGS CONVENTION & VISITORS BUREAU (Evans) 4. ANIMAL CAMPUS COMMISSION (Franklin) 5. CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (Franklin) 6. COACHELLA VALLEY ECONOMIC PARTNERSHIP (Franklin) 7. COACHELLA VALLEY MOUNTAINS CONSERVANCY (Franklin) 8. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (Franklin) 9. CHAMBER OF COMMERCE INFO EXCHANGE COMMITTEE (Henderson) 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) CITY COUNCIL AGENDA 5 NOVEMBER 19, 2013 PAGE 20. PALM SPRINGS AIRPORT COMMISSION REPORT 371 21. PLANNING COMMISSION MINUTES DATED OCTOBER 8 & 22, 373 2013 22. COMMUNITY SERVICES COMMISSION MINUTES DATED 385 SEPTEMBER 9, 2013 23. COMMUNITY SERVICES COMMISSION MINUTES DATED 387 OCTOBER 14, 2013 24. ARCHITECTURAL AND LANDSCAPING REVIEW BOARD MINUTES 391 DATED OCTOBER 2, 2013 DEPARTMENT REPORTS 1. CITY MANAGER - REPORT REGARDING COACHELLA VALLEY 395 ASSOCIATION OF GOVERNMENTS SINGLE USE PLASTIC BAG ORDINANCE 2. CITY ATTORNEY 3. CITY CLERK — UPCOMING EVENTS / CITY COUNCIL CALENDAR 397 4. COMMUNITY DEVELOPMENT REPORT — OCTOBER 2013 401 5. COMMUNITY SERVICES REPORT — OCTOBER 2013 409 6. PUBLIC WORKS REPORT — OCTOBER 2013 417 MAYOR'S AND COUNCIL MEMBER'S ITEMS RECESS THE CITY COUNCIL MEETING TO THE MEETING OF THE CITY AS SUCCESSOR AGENCY TO THE DISSOLVED LA QUINTA REDEVELOPMENT AGENCY, FOLLOWED BY THE LA QUINTA FINANCING AUTHORITY AND THE LA QUINTA HOUSING AUTHORITY MEETINGS RECONVENE AT 7:00 P.M. PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. The City Council values your comments; however in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by GC 54954.2(b). 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, CITY COUNCIL AGENDA 6 NOVEMBER 19, 2013 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 1. ADOPT RESOLUTIONS TO APPROVE THE CONSTRUCTION OF A 419 GOLF CLUBHOUSE ON 3.44 ACRES AT THE ANDALUSIA COMMUNITY [RESOLUTION 2013-051 AND RESOLUTION 2013-0521 2. ADOPT RESOLUTIONS TO APPROVE THE 2014-2021 LA QUINTA 571 HOUSING ELEMENT [RESOLUTION 2013-053 AND RESOLUTION 2013- 0541 ADJOURNMENT The next regular meeting of the City Council will be held on December 3, 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, Teresa Thompson, Deputy 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 November 15, 2013. DATED: November 15, 2013 TERESA THOMPSON, Deputy 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. CITY COUNCIL AGENDA 7 NOVEMBER 19, 2013 • 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 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 8 NOVEMBER 19, 2013 CITY COUNCIL MINUTES TUESDAY, OCTOBER 15, 2013 A regular meeting of the La Quinta City Council was called to order at 3:01 p.m. by Mayor Adolph. PRESENT: Councilmembers Evans, Franklin, Henderson, Osborne, Mayor Adolph ABSENT: None PUBLIC COMMENT - None 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 POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED IN THE LA QUINTA VILLAGE, EAST OF DESERT CLUB DRIVE, SOUTH OF CALLE TAMPICO, NORTH OF AVENIDA LA FONDA (APN'S 770-123-002; 770-123-003; 770- 123-004; 770-123-006; 770-123-010; 770-124-002; 770-124-00; 770- 124-00; 770-124-007; AND 770-124-009). PROPERTY OWNER/ NEGOTIATOR: MARVIN INVESTMENTS, INC., WELLS MARVIN 3. 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 COUNCIL RECESSED TO THE JOINT CLOSED SESSION OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVEL OPMENT A GENC Y A T 3: 03 P. M. CITY COUNCIL MINUTES OCTOBER 15, 2013 MAYOR ADOLPH RECONVENED THE CITY COUNCIL MEETING AT 4:09 P.M. WITH ALL MEMBERS PRESENT. NO ACTIONS WERE TAKEN INCLOSED SESSION THAT REQUIRES REPORTING PURSUANT TO GOVERNMENT CODE SECTION 54957.1 (BROWN ACT). Mayor Adolph led the audience in the pledge of allegiance. PUBLIC COMMENT Public Speaker: Lori Weathers, RSVP Volunteer Program — Ms. Weathers explained the goals of the organization, and provided statistics on age demographics in La Quinta and volunteer service by La Quinta residents. Public Speaker: Frank Taylor, Community Safety Consulting Group — Mr. Taylor requested a study session item be added to a future agenda to discuss unmanned aerial systems. CONFIRMATION OF AGENDA Councilmember Evans requested that Consent Item No. 14 be pulled and moved to the Business section for discussion and separate vote. Council concurred. PRESENTATIONS 1. PROCLAMATION TO DESERT SANDS UNIFIED SCHOOL DISTRICT REGARDING SCORES Mayor Adolph presented a proclamation to Principal Donna Salazar of the Desert Sands Unified School District recognizing the students' outstanding achievement with an Academic Performance Index of 841, the highest in the Coachella Valley. 2. PROCLAMATION TO MILITARY ORDER OF THE PURPLE HEART Mayor Adolph presented a proclamation to Len Tavernetti, representative of the Military Order of the Purple Heart, honoring the service and sacrifice of our nation's men and women in uniform who were wounded or killed by the enemy while serving to protect the freedoms enjoyed by all Americans. Mr. Tavernetti asked everyone to seek out the stories of those who served in World War II and pass that history along. WRITTEN COMMUNICATIONS — None CITY COUNCIL MINUTES 2 OCTOBER 15, 2013 it$] APPROVAL OF MINUTES MOTION — A motion was made and seconded by Councilmembers Henderson/ Evans to approve the minutes of October 1, 2013 as submitted. Motion passed unanimously. CONSENT CALENDAR 1. RECEIVE AND FILE TREASURER'S REPORTS DATED JULY 31, 2013 AND AUGUST 31, 201314 2. RECEIVE AND FILE REVENUE & EXPENDITURE REPORTS DATED AUGUST 31, 2013 AND INVESTMENT SUMMARY REPORT FOR THE QUARTER ENDING SEPTEMBER 30, 2013 3. EXCUSE BOARD MEMBER JENNIFER DONAIS' ABSENCE FROM THE OCTOBER 9, 2013 INVESTMENT ADVISORY BOARD MEETING 4. APPROVE A PERMANENT LICENSE AND INDEMNITY AGREEMENT WITH RIVERSIDE COUNTY PERMITTING ENCROACHMENT OVER FRED WARING DRIVE AND ESTABLISHING MAINTENANCE AND DESIGN LIABILITY FOR THE STREET WIDENING PROJECT 5. APPROVE THE PROGRAM SUPPLEMENTAL AGREEMENT WITH CALIFORNIA DEPARTMENT OF TRANSPORTATION AND FEDERAL HIGHWAYS ADMINISTRATION AND THE REQUEST FOR PROPOSAL TO OBTAIN PROFESSIONAL ENGINEERING SERVICES FOR THE DUNE PALMS ROAD BRIDGE IMPROVEMENT 6. APPROVE THE NAMES OF VETERANS TO BE INCLUDED ON THE CIVIC CENTER CAMPUS VETERANS' ACKNOWLEDGMENT AREA 7. RESOLUTION TO APPROVE A SUPPLEMENTAL AGREEMENT WITH RIVERSIDE COUNTY FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR PUBLIC FACILITY AND STREET IMPROVEMENTS ALONG CALLE SINALOA, AND FOR PUBLIC SERVICE FUNDS FOR THE BOYS AND GIRLS CLUB — LA QUINTA UNIT [RESOLUTION 2013-0471 8. DENY CLAIM FOR DAMAGES FILED BY GUY WYMAN WILBOR; DATE OF LOSS — MARCH 22, 2013 9. AUTHORIZE OVERNIGHT TRAVEL FOR GOLF AND PARKS/ LANDSCAPE MANAGER TO ATTEND PLAYGROUND SAFETY CERTIFICATION ON DECEMBER 10-12, 2013 IN SAN CLEMENTE, CALIFORNIA CITY COUNCIL MINUTES 3 OCTOBER 15, 2013 is 10. AUTHORIZE OVERNIGHT TRAVEL FOR RECREATION SUPERVISOR TO ATTEND MAINTENANCE MANAGEMENT SCHOOL ON NOVEMBER 4-8, 2013 IN LAKE ARROWHEAD, CALIFORNIA 11. AUTHORIZE OVERNIGHT TRAVEL FOR TRAFFIC SIGNAL TECHNICIAN TO ATTEND TRAINING IN ANAHEIM, CALIFORNIA, OCTOBER 8-10, 2013 12. AUTHORIZE CITY MANAGER TO EXECUTE THE SILVERROCK RESORT GOLF CART LEASE GUARANTY AND ADDENDUM as revised and noted in the memo distributed to Council dated 10/15/2013. 13. APPROVE DEMAND REGISTER DATED OCTOBER 15, 2013 14. Pulled by Councilmember Evans and moved to the Business Section for discussion and separate vote > > > AUTHORIZE THE CITY MANAGER TO TRANSFER UP TO $41,431,179 FROM THE UNDESIGNATED GENERAL FUND RESERVES TO THE SUCCESSOR AGENCY OF THE LA QUINTA REDEVELOPMENT AGENCY Council Comments: Consent Calendar Item No. 7 — Councilmember Osborne noted that the effect of this item is a $10,000 reduction in contributions to the La Quinta Boys' and Girls' Club, which combined with last year's $10,000 reduction, totals $20,000. Mr. Osborne would like Council to reconsider the City's contribution during mid -year budget review in hopes of easing the decrease in funding and services for La Quinta youth. Consent Calendar Item No. 5 — Councilmember Evans stated she was thrilled that outside funding for the design and construction of a Dune Palms Road bridge has been identified. This final bridge over the wash will provide safety and access to residents in wet and dry weather. Ms. Evans requested that the design accommodate the future Coachella Valley bikeway-trailway link. MOTION — A motion was made and seconded by Councilmembers Franklin/Evans to approve the Consent Calendar including the revised Item No. 12 as recommended, with the exception of Item No. 14, and with Item No. 7 adopting Resolution 2013-047. Motion passed unanimously. CITY COUNCIL MINUTES 4 OCTOBER 15, 2013 Ida BUSINESS SESSION Consent Calendar Item No. 14 — AUTHORIZE THE CITY MANAGER TO TRANSFER UP TO $41,431,179 FROM THE UNDESIGNATED GENERAL FUND RESERVES TO THE SUCCESSOR AGENCY OF THE LA QUINTA REDEVELOPMENT AGENCY Councilmember Evans stated that she could not approve writing a check to the State of California for $41 million without comment. This is another opportunity to plead the City's case against the Governor's method of piecemeal legislation, and reiterate the City's fight to retain the funds it legitimately utilized through written contractual loans from the City's General Fund to the former La Quinta Redevelopment Agency. The City has now received a letter of demand for the $41 million from the State yet the City has not yet received the court's decision on its appeal. Ms. Evans said that although the City's course may be near the end of its track and the City might eventually need to write that check, it is with discontent to say the least. The Council has done everything imaginable legally without stopping the progression of our City, a City that this Council and prior Councils have worked hard to make economically viable and a great place to live, work and shop. She said that sending $41 million to the State would not hinder the Council from continuing its work, but it is running out of options to proceed with some of its goals and objectives. At the 11 t" hour, when there are no other options, Ms. Evans supports the City Manager in taking necessary actions including releasing the $41 million to the State. She felt it is important for the community to know that this State demand is unfair, but fortunately, the City does have the $41 million to hand over, and the City will still be successful despite that. Councilmember Osborne said that he was in the court room during the appeal hearing and regarding the contractual obligations of the RDA to the City, the judge said that since the loan docs prepared 30 years ago did not have language stating that repayment in full would be due if the RDA was to be dissolved, the City cannot demand repayment now. Mr. Osborne noted that no city would have known 30 years ago that the State would unilaterally dissolve all RDAs and that the State is making up the rules as they go regardless of the State Constitution and the City's rights. It is ludicrous that the State can come in and take $41 million from this community. Councilmember Henderson said that there are 380 redevelopment agencies in the State in similar circumstances and approximately 150 of them have active lawsuits against the State. She said that La Quinta's attorneys have done an excellent job for the City in presenting its legal case; she finds it incredible that after hearing the City legal arguments, the State can disagree with a straight face. Ms. Henderson said that collusion at the State level is obvious and the City must be very careful about every move it makes because the State is still looking for more money. CITY COUNCIL MINUTES 5 OCTOBER 15, 2013 13 Councilmember Franklin said that the State of California no longer has democracy; it has a demigod who proceeds with whatever he chooses to do. The dissolution of the RDAs could have been done in a more appropriate manner, giving cities time to do what needed to be done. Instead, this law was imposed and the State included a claw -back provision negating transactions preparing for the dissolution. La Quinta is being hit for $41 .4 million for being fiscally responsible. It is punitive. The City did nothing illegal. Ms. Franklin said that the City has an option, which is not to pay the $41 million and has contemplated this course of action. However, the State has said that it will withhold payment of the City's portion of property and sales taxes, which is City money, not RDA money. This State action would amount to the comingling of funds which the State Constitution prohibits. Ms. Franklin would like the record to reflect her incredible fury at having to write this check and her frustration at delaying plans for the City's future because no one knows what the State will pull next. Councilmember Evans said the Council has an obligation to 40,000 residents. The Council prides itself on making good decisions, which is evident based on this money being there. She said the Council would continue to see that this City thrives, finds ways to generate revenue, and hopefully the State will not come up with new ways of taking more City funds to offset their poor management of the State budget. Mayor Adolph said that the City made a great argument showing the legality of its case but the judge chose to support the Governor and fill the deficit the State created rather than do what is best for citizens. Mayor Adolph concluded that as a result of seeing judges in action, he would never again vote for an incumbent State judge. This action hurts the City's economy, its infrastructure, and its development, and this extends beyond La Quinta to all nine cities in the Coachella Valley. He said La Quinta would overcome this and move forward in its typical progressive, yet fiscally conservative way. MOTION — A motion was made and seconded by Councilmembers Evans/Franklin to transfer up to $41,431,179 of the City's dollars from undesignated General Fund Reserves to the Successor Agency of the La Quinta Redevelopment Agency, at the last possible hour. Motion passed unanimously. STUDY SESSION 1 . CLASSIFICATION AND COMPENSATION SYSTEM — GUIDING FRAMEWORK Human Resources/General Services Manager Deeringer presented the staff report, which is on file in the City Clerk's Office. CITY COUNCIL MINUTES 6 OCTOBER 15, 2013 14 Councilmember Evans commented on the importance of linking performance to pay; compression between job levels; reasonable time period for an employee to learn or get minimum requirements of his/her classification; means by which employees will learn that s/he will be reclassified; the main coordinators for developing new jobs will be Directors with Human Resources assistance; the "funnel" effect of job ranges; performance rewards; annual letters giving the total value of positions, e.g. base and benefits; salary review every two years may occur more often if it's a vacant position; part-time employees will also be evaluated; and importance of cross -training and succession planning. Councilmember Henderson said that this study was one good result of the recent recession; pleased that salaries will also be compared to those in the private sector; hopes that no new jobs are created in the next five years or so; and a letter with total compensation value should be provided to employees annually. Councilmember Osborne said that this approach is great for the City and noted that La Quinta will continue to pay above the norm so that the City continues to have a great team. Councilmember Franklin said that they have asked a lot of employees to date and this is yet another change; important that employees will be involved in process; supports the philosophy; and believes this is something that needs to be done. Mayor Adolph said that timing is important for changes such as this, and now is the time for this upgrade. 2. COACHELLA VALLEY i-HUB ACCELERATOR NETWORK PROJECT OVERVIEW City Manager Spevacek introduced Thomas Flavin and Wesley Ahlgren of the Coachella Valley Economic Partnership, who displayed a PowerPoint presentation and provided a hand out listing the CViHub Companies circa July 2013. Councilmembers discussed the federal planning grant; the location and size of a new iHub site or sites; funding sources for the existing Palm Springs iHub; 3,227 jobs created by the current iHub; conditions tied to the grant funds; east valley defined as Morongo to Salton Sea; competition among cities to locate the new iHub in their jurisdiction; local matching funds being sought from government and private partners; contributing cities will participate in the decisions on the new businesses given assistance and space in the iHub; an Advisory Committee to consist of the Mayor from each city plus members of the business community; if La Quinta contributes, the funds will come from reserves. CITY COUNCIL MINUTES 7 OCTOBER 15, 2013 M Councilmembers Osborne, Evans, and Franklin requested that this matter be brought back to Council in November as a Business item. REPORTS AND INFORMATIONAL ITEMS As La Quinta's representative for 2013, Councilmember Evans reported on her participation in the following organizations meeting: • CVAG CONSERVATION COMMISSION • CVAG ENERGY & ENVIRONMENTAL RESOURCES COMMITTEE As La Quinta's representative for 2013, Councilmember Franklin reported on her participation in the following organizations meeting: • ANIMAL CAMPUS COMMISSION • COACHELLA VALLEY MOUNTAINS CONSERVANCY • JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY As La Quinta's representative for 2013, Councilmember Henderson reported on her participation in the following organizations meeting: • CVAG TRANSPORTATION COMMITTEE • LEAGUE OF CALIFORNIA CITIES DELEGATE • RIVERSIDE COUNTY TRANSPORTATION COMMISSION As La Quinta's representative for 2013, Councilmember Osborne reported on his participation in the following organizations meeting: • IID ENERGY CONSUMERS' ADVISORY COMMITTEE DEPARTMENT REPORTS Department Reports were received and filed. Copies are on file in the City Clerk's Office. City Manager Spevacek reported that the Technical Advisory Committee approved a new allocation for the Jefferson Street/1-10 interchange and combined with State Transportation Improvement Funds, the City's contribution is projected to decrease from $3.5 million to $450,000. City Manager Spevacek informed Council that the regular City Council meeting of November 5, 2013 will be cancelled. The next regular meeting will be November 19, 2013. City Clerk Maysels asked the Council for a mutually convenient date for the annual Police volunteers' dinner. The Council set the evening of Tuesday, November 12, 2013 for the event. CITY COUNCIL MINUTES 8 OCTOBER 15, 2013 Icy Community Services Director Hylton reported on CVAG Executive Director Tom Kirk's presentation to the Community Services Commission meeting regarding the CV link. MAYOR'S AND COUNCIL MEMBER'S ITEMS Councilmember Henderson complimented informative, colorful pie graph included management center sounds exciting. Public Works Director Jonasson on the in his report, and said the new traffic Councilmember Evans received confirmation that the new Play La Quinta website launch is on schedule, and complimented Community Services Director Hylton on the new ads on the site. Councilmember Osborne thanked Public Works Director Jonasson for the work his department is doing by meeting with and providing information to the north La Quinta subdivision residents about the cost of their perimeter landscaping. COUNCILMEMBER FRANKLIN RECUSED HERSELF AND LEFT THE DAIS DUE TO A CONFLICT RESULTING FROM THE PROXIMITY OF HER RESIDENCE TO THE GRIFFIN RANCH PROJECT. COUNCIL RECESSED TO THE SUCCESSOR AGENCY MEETING AT 6:09 P.M. MAYOR ADOLPH RECONVENED THE CITY COUNCIL MEETING AT 7:02 P.M. WITH COUNCILMEMBERS EVANS, HENDERSON, OSBORNE PRESENT, AND COUNCILMEMBER FRANKLIN ABSENT. PUBLIC HEARINGS 1. RESOLUTIONS TO APPROVE PLANS TO CONSTRUCT AN APPROXIMATELY 10,000 SQUARE FOOT CLUBHOUSE FOR GRIFFIN RANCH Planning Manager David Sawyer presented the staff report, which is on file in the City Clerk's Office. Mayor Adolph declared the PUBLIC HEARING OPEN at 7:04 p.m. Public Speaker: Paul DePalatis, Director of Planning Services, MSA Consulting, representing the applicant — Mr. DePalatis said that the design for the clubhouse was developed jointly with the homeowners' association so it has their support. The project has also been approved by the City's Architectural and Landscaping Review Board and Planning Commission. Mr. DePalatis requested Council approval of the project amendment. CITY COUNCIL MINUTES 9 OCTOBER 15, 2013 rA In response to Mayor Adolph, Mr. DePalatis said that the paddock in the original design was an adjacent facility that is no longer there, but they intend to leave the large grassy area next to the clubhouse open so there will be the ability for people to include equestrian activities but it is not the focal point of the community. Public Speaker: Tim Jachlewski, project landscape architect with Insight Landscape Architects — Mr. Jachlewski said that the existing paddock or pasture area with the surrounding horse fence is an existing facility and is located immediately adjacent to the clubhouse. The clubhouse overlooks this pasture. Public Speaker: George Batarick, Griffin Ranch Homeowners' Association (HOA) Board Member — Mr. Batarick said the horse features of the community were always independent of the Griffin Ranch. Originally homeowners with horses would pay additional funds to maintain a horse at the paddock, but the original investor, McComick, sold the land where the stables were going to be located, so that is no longer an option. Mr. Batarick said that there are many stables in the area so people are welcome to use the horse trails and the paddock area next to the clubhouse. Regarding the clubhouse, Mr. Batarick said that Mery Griffin's original concept was a large clubhouse with waiters, but with only 50 residences, growing to only 350, the HOA knew it could not support a full restaurant operation. Mr. Batarick and two other HOA Board Members redesigned the clubhouse making sure they had the right facilities, which are catering facilities, game rooms, and exercise rooms, all of which are very affordable for the current homeowners. Mr. Batarick said that development plans include the option to build an additional 50 homes once the 350 are completed, and HOA members will have the option of expanding the clubhouse at that time. Public Speaker: Randy Schroeder, Senior Project Manager, Lennar Corporation, Inland Region — Mr. Schroeder said that Lennar has entered into an agreement with the landowner IOTA Griffin, LLC and Lennar is now the developer. Lennar is moving forward with replacement of the bonds, which has always been an issue with the City. As soon as IOTA delivers the permit so that Lennar can move forward with construction of the clubhouse, Lennar will take responsibility to take it to fruition, which is anticipated to take about a year from now. In conjunction with that, plans have been submitted to the City to update and get all plans prepared for the completion of the community on the northeast side, which is the sore spot within the area and includes the Avenue 54 area. The plans are already designed by the original architect and are currently with Coachella Valley Water District along with Environmental Health for approval. Once approved, the plans will be submitted to the City. The design emulates the west gate adjacent to Madison Street and will have an identical equestrian access. Mr. Schroeder said that it is Lennar's intent and desire to get the entire community up to a completed state for both marketing purposes and home sales and to help generate that excitement once again for the community. The external improvements will happen CITY COUNCIL MINUTES 10 OCTOBER 15, 2013 18 simultaneously with the clubhouse construction, which Lennar would like to have opened by the grand opening of a new model complex anticipated for April 2014. Lennar feels it is very important to get the community to a final state, including the east gate, to give it a good presentation from the outside and to get the loop road completed so traffic can be grabbed from all directions. In response to Councilmember Evans, Mr. Schroeder said that he expects the external improvement to be completed before the Goldenvoice festivals next year so there would be no construction or roadblocks at that time. Regarding the saddle club in the southeast area of the community, Mr. Schroeder said that Lennar does not want to disrupt conversations with the landowner IOTA. Lennar is still maintaining all the trails throughout the community with the intent to keep all the trails open in case they can come into play in the future. In response to Councilmember Osborne, Mr. Schroeder said that the improvements along Avenue 54 would extend to where the block wall ends. He added that it is important to Lennar to get security for the community so they intend to isolate the 40-acre farming operation with a temporary solution. Mayor Adolph declared the PUBLIC HEARING CLOSED at 7:1 7 p.m. MOTION — A motion was made and seconded by Councilmembers Osborne/ Henderson to adopt RESOLUTION 2013-048 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SPECIFIC PLAN 2004-074, AMENDMENT 2, FOR THE GRIFFIN RANCH CLUBHOUSE. CASE NO.: SPECIFIC PLAN 2004-074, AMENDMENT 2. APPLICANT: IOTA GRIFFIN, LLC. Motion passed: ayes 4, noes 0, absent 1 (Franklin) MOTION — A motion was made and seconded by Councilmembers Osborne/Evans to adopt RESOLUTION 2013-049 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT 2006-872, AMENDMENT 1, INCLUDING SITE, ARCHITECTURAL, AND LANDSCAPING PLANS FOR THE GRIFFIN RANCH CLUBHOUSE. CASE NO.: SITE DEVELOPMENT PERMIT 2006-872, AMENDMENT 1. APPLICANT: IOTA GRIFFIN, LLC Motion passed: ayes 4, noes 0, absent 1 (Franklin) CITY COUNCIL MINUTES 11 OCTOBER 15, 2013 W1 ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Henderson/Evans to adjourn at 7:19 p.m. Motion passed unanimously. Respectfully submitted, SUSAN MAYSELS, City Clerk City of La Quinta, California CITY COUNCIL MINUTES 12 OCTOBER 15, 2013 fell CITY COUNCIL MINUTES SATURDAY, OCTOBER 19, 2013 A special meeting of the La Quinta City Council was called to order at 1 :03 p.m. by Mayor Adolph at the SilverRock Golf Resort in the Ahmanson Ranch House located at 79-179 Ahmanson Lane, La Quinta. PRESENT: Councilmembers Evans, Franklin, Henderson, Osborne, Mayor Adolph ABSENT: None CLOSED SESSION - None Mayor Adolph led the audience in the pledge of allegiance. PUBLIC COMMENT - None CONFIRMATION OF AGENDA - Confirmed PRESENTATIONS - None WRITTEN COMMUNICATIONS - None APPROVAL OF MINUTES - None CONSENT CALENDAR - None BUSINESS SESSION - None STUDY SESSION 1. CITY COUNCIL WORKSHOP TO APPRECIATE THE CITY'S HISTORY, DETERMINE WHAT'S SACRED GOING FORWARD, AND EXAMINE SOCIAL AND ECONOMIC TRENDS AND THE IMPLICATIONS FOR THE CITY OF LA QUINTA Cynthia Henson of Henson Consulting Group led Councilmembers, City staff and members of the public in roundtable discussions, which resulted in participants presenting their views on the subject matters above. CITY COUNCIL MINUTES SPECIAL MEETING OF OCTOBER 19, 2013 PA REPORTS AND INFORMATIONAL ITEMS - None DEPARTMENT REPORTS - None MAYOR'S AND COUNCIL MEMBER'S ITEMS - None PUBLIC HEARINGS - None ADJOURNMENT There being no further business, Mayor Adolph adjourned the meeting at 4:45 p.m. Respectfully submitted, WANDA WISE-LATTA Acting City Clerk City of La Quinta, California CITY COUNCIL MINUTES 2 SPECIAL MEETING OF OCTOBER 19, 2013 M �a/�UANL�q�.�, • � O� 5 OF 9ti CITY / SA / HA / FA MEETING DATE: November 19, 2013 ITEM TITLE: RECEIVE AND FILE TREASURER'S REPORT DATED SEPTEMBER 30, 2013 RECOMMENDED ACTION: Receive and file. EXECUTIVE SUMMARY: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 1 STUDY SESSION: PUBLIC HEARING: • The Treasurer's Report is submitted monthly to City Council for review. • This report summarizes all cash and investments of the City. • There is sufficient investment liquidity and anticipated revenues available to meet next month's estimated expenditures. FISCAL IMPACT: None. BACKGROUND/ANALYSIS: The Treasurer's Report (Attachment 1) is submitted monthly to the City Council as required by the California Government Code and City Municipal Code. It certifies that all pooled investments of the City are reported accurately and fairly in compliance with the above -stated codes and also certifies that there is sufficient investment liquidity and anticipated revenues available to meet next month's estimated expenditures. ALTERNATIVES: None. Report prepared by: Robbeyn Bird, Finance Director Report approved for submission by: Frank J. Spevacek, City Manager Attachment: 1 . Treasurer's Reports 23 24 ATTACHMENT 1 MEMORANDUM TO: La Comm City Council FROM: Robbeyn Bird, Finance DirectonTreasurer SUBJECT: Treasurer's Report for September 30, 2013 DATE: October 31, 2013 Attached is the Treasurer's Report for the month ending September 30, 2013. The report is submitted to the City Council each month after a reconciliation of accounts is accomplished by the Finance Department, The following table summarizes the changes in investment types for the month: Investment Beginning Purchased Notes Sold/Matured Other Ending Change LAIF 18,824,537 $ (1,200,000) 0 $ 17,624,537 (1,200,000) Interest hearing active bank deposit 39,964,504 2,340 0 39,966,844 2,340 Certificates of Deposit 1,680,000 1,680,000 0 US Treasuries 40,196,750 2,402 40,199,152 2,402 US Gov't Sponsored Enterprises 42,944,752 1,284 42,946,036 1,284 Commercial Paper - 0 0 0 Corporate Notes - 0 0 Mutual Funds 15,671,311 12.235.265) 0 3,436,046 Subtotal $ 159,281,854 $ 2,340 $ (13,435,265) $ 3.686 $ 145.852,615 $ (13,429,23 Cash $ 648,459 $ 49,490_L(1)_& 3)1 1 1 $ 697,949 1 ti 49,490 Total $ 159,930,313 $ 51.830 1 1 $ (11435,265)l 3,686 1 $ 146.550.564 1 $ U3379.749 I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code; and is in conformity with the City Investment Policy. As Treasurer of the City of La Chime, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months, The City of La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and the Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. LiAL422�,— ia�ej it - 7— 1 Robbeyn BirdS Date Finance Director/Treasurer Footnote (1) The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month. (2) The amount reported in the other column represents the amortization of premium/discount for the month on US Treasury, Commercial Paper and Agency investments. (3) The cash account may reflect a negative balance, This negative balance will be offset with transfers from other investments before warrants are presented for payment by the payee at the bank. 41.1 Treasurer's Commenta For the Month of September 2013 Cash Balances — The portfolio size decreased by approximately $13.4 million to end the month at $146.55 million. The major reason for the decrease was due to interest and principal payments for the outstanding bonds of the Successor Agency. Investment Activity — The investment activity resulted in an average maturity increase of 35 days from the prior month to end the month of September at 338 days. The Treasurer follows a buy and hold investment policy. During the month of September, the LAIF account decreased by $1 .2 million. The sweep account earned $6 in interest income for the month of September and the bank fees for the month were $1518, which resulted in a net decrease of $1,51 2 in real savings. Portfolio Performance — The overall portfolio performance increased from the prior month and ended at .23%, with the pooled cash investments at .30%. The portfolio yield should continue to stay at these levels for the near future. At this time last year, the portfolio was yielding .33%, which reflects the current interest rate environment. Looking Ahead In the short term, the Treasurer will be investing in negotiable certificates of deposit, Government Sponsored Enterprises (GSE) paper and rolling over bond proceeds and reserves into U.S. Treasury bills or notes. 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R k 2 2 B cu � _ « 5 U) k @ a / / k 2 . \ � 0)E ° \ C: e 2 2> 2 E U a 2 Q 3 E E/\ £ ( ® § £ a / \ ® q E E 0 E O O / r % / t $ E I — 2 % W 2 2 — � o f > $ 2 w > 0 m CU 2 2 f ® - 2 ¥ ¥ I -i-i D R 1 = 0 c r = a a U City of La Quinta Comparative Rates of Interest September 30, 2013 Citv of La Quinta Year Month Annualized Earnings Average Maturit days) Treasury Bills/Note Commercial Paper Three Month Non -Financial LAIF Ra 1.04 Pooled Cash Fiscal Agent Overall Three Month ISix Month One Year ITWO Year FY 09/10 July 2009 0.69 % 0.30% 0.65 % 111 0.19% 0.28% 0.47% 1.00% 0.28% August 2009 0.64% 0.30% 0.61% 92 0.16% 0.26% 0.46% 1.00% 0.24% 0.93% Sept 2009 0.56% 0.31% 0.53% 112 0.12% 0.19% 0.41% 1.00% 0.19% 0.75 Oct 2009 0.52% 0.31% 0.50% 90 0.08% 0.19% 0.38% 1.00% 0.19% 0.65 Nov 2009 0.56% 0.31% 0.53% 152 0.04 % 0.14% 0.32% 0.75% 0.15% 0.61 Dec 2009 0.56% 0.15% 0.51% 239 0.11% 0.20% 0.16% 1.00% 0.16% 0.57 Jan 2010 0.46% 0.15% 0.43% 179 0.06% 0.14% 0.34% 0.88% 0.13% 0.56% Feb 2010 0.51% 0.16% 0.48% 162 0.13% 0.19% 0.32% 0.88% 0.15% 0.58% Mar 2010 0.50% 0.16% 0.47% 172 0.15% 0.24% 0.38% 1.00% 0.20% 0.55% Apr 2010 0.52% 0.16% 0.48% 162 0.15% 0.24% 0.49% 1.00% 0.23% 0.59% May 2010 0.52% 0.16% 0.48% 116 0.17% 0.22% 0.37% 0.75% 0.28% 0.56% June 2010 0.30% 0.07% 0.23% 134 0.16% 0.22% 0.32% 0.63% 0.32% 0.53% FY10/11 July 2010 0.50% 0.15% 0.47% 119 0.16% 0.20% 0.30% 0.63% 0.28% 0.53% August 2010 0.49% 0.15% 0.46% 108 0.15% 0.19% 0.26% 0.38% 0.25% 0.51% Sept 2010 0.55% 0.15% 0.51% 107 0.16% 0.19% 0.27% 0.38% 0.24% 0.50 Oct 2010 0.55% 0.15% 0.51% 88 0.13% 0.17% 0.23% 0.38% 0.23% 0.48 Nov 2010 0.53% 0.15% 0.49% 84 0.18% 0.21 % 0.28% 0.50% 0.23% 0.45 Dec 2010 0.57 % 0.14% 0.52% 265 0.15% 0.19% 0.30% 0.63% 0.23% 0.46 Jan 2011 0.51% 0.14% 0.43% 206 0.16% 0.18% 0.28% 0.63% 0.24% 0.54% Feb 2011 0.55% 0.17% 0.46% 210 0.15% 0.17% 0.31% 0.63% 0.23% 0.51 Mar 2011 0.54% 0.17% 0.45% 218 0.05% 0.13% 0.26% 0.75% 0.23% 0.50% Apr 2011 0.59% 0.17% 0.48% 192 0.05% 0.10% 0.28% 0.63% 0.20% 0.59% May 2011 0.48% 0.17% 0.41% 156 0.06% 0.12% 0.20% 0.50% 0.16% 0.41 June 2011 0.53% 0.00% 0.35% 126 0.03% 0.10% 0.20% 0.38% 0.15% 0.45% FY11/12 July 2011 0.53% 0.00% 0.35% 112 0.07% 0.12% 0.15% 0.20% 0.14% 0.38% August 2011 0.60% 0.00% 0.38% 102 0.02% 0.05% 0.10% 0.13% 0.16% 0.41% Sept 2011 0.58 % 0.03% 0.39% 124 0.02 % 0.06% 0.09% 0.13% 0.14% 0.38 Oct 2011 0.53% 0.03% 0.35% 117 0.01 % 0.06% 0.12% 0.25% 0.15% 0.39 Nov 2011 0.52% 0.03% 0.37% 94 0.03% 0.07% 0.10% 0.25% 0.14% 0.40 Dec 2011 0.48% 0.03% 0.35% 86 0.02 % 0.06% 0.11% 0.13% 0.14% 0.39 Jan 2012 0.45% 0.03% 0.34% 74 0.05% 0.08% 0.11% 0.25% 0.14% 0.39 Feb 2012 0.49% 0.05% 0.36% 72 0.12% 0.15% 0.17% 0.25% 0.17% 0.39% Mar 2012 0.44% 0.05% 0.34% 74 0.08% 0.14% 0.19% 0.25% 0.18% 0.38% Apr 2012 0.44% 0.09% 0.35% 61 0.10% 0.15% 0.19% 0.25% 0.20% 0.37% May 2012 0.43% 0.09% 0.34% 62 0.09% 0.14% 0.19% 0.25% 0.19% 0.36% June 2012 0.38% 0.08% 0.29% 47 0.10% 0.15% 0.21 % 0.25% 0.21 % 0.36% FY12/13 July 2012 0.41% 0.08% 0.31% 112 0.11% 0.15% 0.18% 0.22% 0.22% 0.36% August 2012 0.41% 0.08% 0.29% 31 0.11% 0.14% 0.20% 0.25% 0.20% 0.38% Sept 2012 0.43% 0.09% 0.33 % 34 0.11% 0.14% 0.18% 0.25% 0.20% 0.35 Oct 2012 0.47% 0.10% 0.36% 22 0.13% 0.16% 0.18% 0.25% 0.19% 0.34% Nov 2012 0.48% 0.10% 0.36% 161 0.10% 0.15% 0.18% 0.25% 0.20% 0.32% Dec 2012 0.47% 0.10% 0.36% 137 0.08% 0.12% 0.16% 0.13% 0.20% 0.33% Jan 2013 0.44% 0.10% 0.34% 111 0.08% 0.11% 0.14% 0.25% 0.16% 0.30% Feb 2013 0.37% 0.10% 0.29% 105 0.13% 0.14% 0.15% 0.25% 0.17% 0.29% Mar 2013 0.39% 0.09% 0.30% 123 0.08% 0.11% 0.15% 0.25% 0.15% 0.29% Apr 2013 0.31% 0.08% 0.25% 186 0.05% 0.08% 0.14% 0.13% 0.12% 0.26% May 2013 0.30% 0.06% 0.23% 175 0.05% 0.08% 0.14% 0.25% 0.10% 0.25 June 2013 0.30% 0.07% 0.23% 212 0.05% 0.09% 0.16% 0.38% 0.10% 0.24% FY 13/14 July 2013 0.28% 0.07% 0.21 % 336 0.03% 0.07% 0.12% 0.25% 0.11% 0.27% August2013 0.28% 0.06% 0.21% 303 0.03% 0.06% 0.07% 0.14% 0.09% 0.27% 33 co T L E ` '' ^L VJ co T Z s 0) � � Q o f % co P t I N 1 C O 1 � P M I _T i M i M O I cB N L N � I 6 ' ++ Q N P �•y V cn r Jco 0 « 0 Q Q �+ 0 L U ca t� Uo N o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 •L O In O M M Ln N O Ln N T O Ln O T O O Q a O O O O O O O O O v �a/�UANL�q�.�, • � O� 5 OF 9ti CITY / SA / HA / FA MEETING DATE: November 19, 2013 ITEM TITLE: RECEIVE AND FILE REVENUE AND EXPENDITURE REPORTS DATED SEPTEMBER 30, 2013 RECOMMENDED ACTION: Receive and file. EXECUTIVE SUMMARY: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 2 STUDY SESSION: PUBLIC HEARING: • The Revenue and Expenditures reports are submitted monthly to City Council for review. • The reports summarize year-to-date revenues and expenditures of the City as of September 30, 2013. FISCAL IMPACT: None. BACKGROUND/ANALYSIS: The Statements of Revenues and Expenditures for the City are submitted to the City Council monthly to review, receive, and file. The September 30, 2013 Statements of Revenues and Expenditures are hereby attached for that purpose. Revenues received for all funds through September 30, 2013 are at approximately 3.5% of the budgeted amount. Revenues are not received uniformly throughout the fiscal year, which accounts for the low percentage for the first quarter of the fiscal year. For example, the bulk of property taxes are received in January and June each year and transient occupancy tax receipts will increase during the peak season. It should be noted; however, that licenses and permits are slightly up reflecting the increase in community development activity. Expenditures for all funds are at 6.6% of their budgeted amounts. Due to timing differences in billing from various vendors, the expenditures are also significantly below the budgeted amounts. W ALTERNATIVES: None. Report prepared by: Robbeyn Bird, Finance Director Report approved for submission by: Frank J. Spevacek, City Manager Attachments: 1 . Revenue Reports for September 30, 2013 2. Expenditure Reports for September 30, 2013 Kiy ATTACHMENT 1 CITY OF LA QUINTA REVENUES - ALL FUNDS 07/01/2013 - 09/30/2013 FUNDS ADJUSTED BUDGET RECEIVED REMAINING BUDGET % RECEIVED General $34,383,301.00 $2,565,271.90 $31,818,029.10 7.50% Library 2,006,000.00 (647.53) 2,006,647.53 0.00% Gas Tax Revenue 1,293,700.00 129,627.58 1,164,072.42 10.00% Federal Assistance 0.00 0.00 0.00 0.00% JAG Grant 12,311.00 0.00 12,311.00 0.00% Slesf (Cops) Revenue 120,390.00 (20.63) 120,410.63 0.00% Indian Gaming 0.00 0.00 0.00 0.00% Lighting & Landscaping 960,000.00 0.00 960,000.00 0.00% RCTC 0.00 0.00 0.00 0.00% Development Funding 0.00 0.00 0.00 0.00% Crime Violent Task Force 18,900.00 15,746.71 3,153.29 83.30% Asset Forfeiture 0.00 (3.73) 3.73 0.00% AB 939 3,000.00 (352.44) 3,352.44 -11.70% Quimby 20,000.00 (3,403.23) 23,403.23 -17.00% TUMF 0.00 (3.03) 3.03 0.00% Infrastructure 0.00 (9.52) 9.52 0.00% Proposition 1 B 0.00 0.00 0.00 0.00% South Coast Air Quality 40,500.00 11,989.02 28,510.98 29.60% CMAQ/ISTEA 0.00 0.00 0.00 0.00% Transportation 367,700.00 116,047.26 251,652.74 31.60% Parks & Recreation 90,000.00 82,251.00 7,749.00 91.40% Civic Center 90,000.00 38,068.00 51,932.00 42.30% Library Development 30,000.00 13,719.00 16,281.00 45.70% Community Center 11,400.00 4,616.00 6,784.00 40.50% Street Facility 17,200.00 6,466.92 10,733.08 37.60% Park Facility 2,200.00 1,650.58 549.42 75.00% Fire Protection Facility 38,000.00 18,150.00 19,850.00 47.80% Arts In Public Places 53,500.00 13,401.53 40,098.47 25.00% Interest Allocation 0.00 (15,352.15) 15,352.15 0.00% Capital Improvement 80,825,313.00 1,058,256.66 79,767,056.34 1.30% Equipment Replacement 597,500.00 (989.82) 598,489.82 -0.20% Information Technology 445,500.00 (530.47) 446,030.47 -0.10% Park Equipment & Facility 503,500.00 (460.18) 503,960.18 -0.10% SilverRock Golf 4,108,300.00 277,924.18 3,830,375.82 6.80% SilverRock Golf Reserve 68,500.00 (180.11) 68,680.11 -0.30% La Quinta Public Safety Officer 2,100.00 (12.04) 2,112.04 -0.60% Supplemental Pension Savings Plan 0.00 (72.40) 72.40 0.00% Measure "A" 693,500.00 0.00 693,500.00 0.00% La Quinta Financing Authority 678,400.00 590,043.75 88,356.25 87.00% Successor Agency 19,902,600.00 6,625.85 19,895,974.15 0.00% Successor Agency to RDA Project Area No. 1 0.00 6,373.68 (6,373.68) 0.00% Successor Agency to RDA Project Area No. 2 0.00 1,086.35 (1,086.35) 0.00% La Quinta Housing Authority 1 004 700.00 233 187.08 771 512.92 23.20% Total $148 388 015.00 $5 168 465.77 $143 219 549.23 3.50% GENERAL FUND REVENUES DETAIL 07/01/2013 - 09/30/2013 TAXES: Property Tax No Low Property Tax Distribution Non -RDA Property tax Statutory Tax - LQ Statutory Tax - Riverside Cnty Sales Tax Sales Tax Reimbursement Document Transfer Tax Transient Occupancy Tax Transient Occupancy Tax - Mitigation Measures Franchise Tax TOTAL TAXES LICENSE & PERMITS: Business License Animal License Building Permits Plumbing Permits Mechanical Permits Electrical Permits Garage Sale Permits Misc. Permits TOTAL LICENSES & PERMITS FEES: Sale of Maps & Publications Community Services Fees Finance TOT STVR Reg Fee Comm Dev - Plan Check Comm Dev Lease Revenue SMIP Administration Fees Comm Dev Fees Public Works Fees TOTAL FEES INTERGOVERNMENTAL Motor Vehicle In -Lieu Motor Vehicle Code Fines Parking Violations Misc. Fines & Assessments Federal Govt Grants County of Riverside Grant State of California Grant Fire Services Credit - Capital (10150003375010) Fire Services Credit - Oper (10150003375000) CVWD CSA152 Assessment TOTAL INTERGOVERNMENTAL INTEREST MISCELLANEOUS Miscellaneous Revenue AB939 SB 1186 Mitigation Measures Rental income Advertising Coop Cash Over/(Short) TOTAL MISCELLANEOUS TRANSFER IN TOTAL GENERAL FUND ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED 2,500,000.00 76,093.96 2,423,906.04 3.040% 3,855,000.00 175,646.52 3,679,353.48 4.560% 300,000.00 0.00 300,000.00 0.000% 100,000.00 0.00 100,000.00 0.000% 70,000.00 0.00 70,000.00 0.000% 6,050,400.00 373,638.86 5,676,761.14 6.180% 2,077,600.00 0.00 2,077,600.00 0.000% 460,000.00 86,408.00 373,592.00 18.780% 5,300,000.00 439,622.09 4,860,377.91 8.290% 365,000.00 327,029.05 37,970.95 89.600% 1,541,500.00 67,872.13 1,473,627.87 4.400% 22,619,500.00 1,546,310.61 21,073,189.39 6.840% 301,000.00 73,957.20 227,042.80 24.570% 25,000.00 4,209.00 20,791.00 16.840% 221,000.00 54,193.73 166,806.27 24.520% 32,700.00 12,432.08 20,267.92 38.020% 34,300.00 16,495.75 17,804.25 48.090% 33,000.00 12,387.62 20,612.38 37.540% 16,000.00 2,520.00 13,480.00 15.750% 206,900.00 44,406.82 162,493.18 21.460% 869,900.00 220,602.20 649,297.80 25.360% 400.00 279.85 120.15 69.960% 405,700.00 33,632.47 372,067.53 8.290% 200.00 30.00 170.00 15.000% 0.00 6,975.00 (6,975.00) 0.000% 220,800.00 98,131.17 122,668.83 44.440% 73,100.00 22,947.26 50,152.74 31.390% 200.00 0.00 200.00 0.000% 383,300.00 32,167.70 351,132.30 8.390% 196,600.00 117,691.00 78,909.00 59.860% 1,280,300.00 311,854.45 968,445.55 24.360% 3,157,300.00 18,845.57 3,138,454.43 0.600% 0.00 5,128.26 (5,128.26) 0.000% 0.00 6,002.00 (6,002.00) 0.000% 0.00 13,860.64 (13,860.64) 0.000% 27,900.00 0.00 27,900.00 0.000% 0.00 0.00 0.00 0.000% 20,000.00 26,174.94 (6,174.94) 130.870% 0.00 0.00 0.00 0.000% 5,451,500.00 0.00 5,451,500.00 0.000% 16,800.00 0.00 16,800.00 0.000% 253,000.00 0.00 253,000.00 0.000% 8,926,500.00 70,011.41 8,856,488.59 0.780% 411,200.00 393,751.70 17,448.30 95.760% 23,900.00 20,826.52 3,073.48 87.140% 91,500.00 0.00 91,500.00 0.000% 0.00 871.00 (871.00) 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 12,800.00 1,050.00 11,750.00 8.200% 100.00 (5.99) 105.99 -5.990% 128,300.00 22,741.53 105,558.47 17.730% 147,601.00 0.00 147,601.00 0.000% 34,383,301.00 2,565,271.90 31,818,029.10 7.460% 38 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL LIBRARY County of Riverside Contributions Interest TOTAL LIBRARY GAS TAX REVENUE: Section 2105 Section 2106 Section 2107 Section 2107.5 Section 2103 Traffic Congestion Relief Interest TOTAL GAS TAX FEDERAL ASSISTANCE REVENUE: CDBG Grant FEMA Interest TOTAL FEDERAL ASSISTANCE JAG GRANT Grant Revenue Interest TOTAL JAG GRANT SLESF(COPS)REVENUE: SLESF (Cops) Funding Interest TOTAL SLESF (COPS) LIGHTING & LANDSCAPING REVENUE: Assessment Developer Interest TOTAL LIGHTING & LANDSCAPING 07/01/2013 - 09/30/2013 ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED 2,000,000.00 0.00 2,000,000.00 0.000% 0.00 0.00 0.00 0.000% 6,000.00 (647.53) 6,647.53-10.790% 2,006,000.00 (647.53) 2,006,647.53-0.030% 207,500.00 18,305.44 189,194.56 8.820% 142,300.00 13,410.31 128,889.69 9.420% 309,000.00 32,412.25 276,587.75 10.490% 6,000.00 0.00 6,000.00 0.000% 628,700.00 65,517.18 563,182.82 10.420% 0.00 0.00 0.00 0.000% 200.00 (17.60) 217.60 -8.800% 1, 293, 700.00 129, 627.58 1,164, 072.42 10.020 % 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 12,311.00 0.00 12,311.00 0.000% 0.00 0.00 0.00 0.000% 12,311.00 0.00 12,311.00 0.000% 120,290.00 0.00 120,290.00 0.000% 100.00 (20.63) 120.63-20.630% 120,390.00 (20.63) 120,410.63-0.020% 960,000.00 0.00 960,000.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 960,000.00 0.00 960,000.00 0.000% Kk] CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL CRIME VIOLENT TASK FORCE Member Contributions - Carryover Grant revenue - JABG CLET Line Interest TOTAL CRIME VIOLENT TASK FORCE ASSET FORFEITURE Interest State Adjudicated Federal Adjudicated TOTAL ASSET FORFEITURE AB 939 REVENUE: AB 939 Fees Interest Transfer In TOTAL AB 939 QUIMBY REVENUE: Quimby Fees Donations Interest TOTAL QUIMBY TUMF Interest Transfer In TOTAL TUMP INFRASTRUCTURE REVENUE: Utility refund Interest Transfer in TOTAL INFRASTRUCTURE SOUTH COAST AIR QUALITY REVENUE: S.C.A.Q. Contribution MSRC Funding Street Sweeping Grant Interest TOTAL SCAQ TRANSPORTATION Developer fees Interest Donations Transfer in TOTAL TRANSPORTATION PARKS & RECREATION Developer fees Interest Transfer in TOTAL PARKS & RECREATION 07/01/2013 - 09/30/2013 ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED 15,000.00 14,976.00 24.00 99.840% 0.00 0.00 0.00 0.000% 3,400.00 839.75 2,560.25 24.700% 500.00 (69.04) 569.04 -13.810% 18,900.00 15,746.71 3,153.29 83.320% 0.00 (3.73) 3.73 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 (3.73) 3.73 0.000% 0.00 0.00 0.00 0.000% 3,000.00 (352.44) 3,352.44-11.750% 0.00 0.00 0.00 0.000% 3,000.00 (352.44) 3,352.44-11.750% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 20,000.00 (3,403.23) 23,403.23-17.020% 20,000.00 (3,403.23) 23,403.23-17.020% 0.00 (3.03) 3.03 0.000% 0.00 0.00 0.00 0.000% 0.00 (3.03) 3.03 0.000% 0.00 0.00 0.00 0.000% 0.00 (9.52) 9.52 0.000% 0.00 0.00 0.00 0.000% 0.00 (9.52) 9.52 0.000% 40,200.00 12,026.64 28,173.36 29.920% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 300.00 (37.62) 337.62 -12.540% 40,500.00 11,989.02 28,510.98 29.600% 360,000.00 116,842.00 243,158.00 32.460% 7,700.00 (794.74) 8,494.74-10.320% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 367,700.00 116,047.26 251,652.74 31.560% 90,000.00 82,251.00 7,749.00 91.390% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 90,000.00 82,251.00 7,749.00 91.390% CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL CIVIC CENTER Developer fees Interest Transfer in TOTAL CIVIC CENTER LIBRARY DEVELOPMENT Developer fees Interest Transfer in TOTAL LIBRARY DEVELOPMENT COMMUNITY CENTER Developer fees Interest TOTAL COMMUNITY CENTER STREET FACILITY Developer fees Interest Transfer In TOTAL STREET FACILITY PARK FACILITY Developer fees Interest TOTAL PARK FACILITY FIRE PROTECTION FACILITY Developer fees Interest TOTAL FIRE PROTECTION FACILITY ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places Arts in Public Places Credits Applied Insurance Recoveries Donations Interest TOTAL ARTS IN PUBLIC PLACES INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest Transfer In TOTAL INTEREST ALLOCATION 07/01/2013 - 09/30/2013 ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED 90,000.00 38,068.00 51,932.00 42.300% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 90,000.00 38,068.00 51,932.00 42.300% 30,000.00 13,719.00 16,281.00 45.730% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 30,000.00 13,719.00 16,281.00 45.730% 6,900.00 5,115.00 1,785.00 74.130% 4,500.00 (499.00) 4,999.00-11.090% 11,400.00 4,616.00 6,784.00 40.490% 15,000.00 4,815.00 10,185.00 32.100% 0.00 0.00 0.00 0.000% 2,200.00 1,651.92 548.08 75.090% 17,200.00 6,466.92 10,733.08 37.600% 2,200.00 1,651.00 549.00 75.050% 0.00 (0.42) 0.42 0.000% 2,200.00 1,650.58 549.42 75.030% 38,000.00 18,150.00 19,850.00 47.760% 0.00 0.00 0.00 0.000% 38,000.00 18,150.00 19,850.00 47.760% 50,000.00 13,731.44 36,268.56 27.460% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 3,500.00 (329.91) 3,829.91 -9.430% 53,500.00 13,401.53 40,098.47 25.050% 0.00 (15,352.15) 15,352.15 0.000% 0.00 0.00 0.00 0.000% 0.00 (15,352.15) 15,352.15 0.000% «i 07/01/2013 - 09/30/2013 CITY OF LA QUINTA ADJUSTED REMAINING % ALL OTHER FUNDS REVENUE DETAIL BUDGET RECEIVED BUDGET RECEIVED CAPITAL IMPROVEMENT FUND: CVAG 2,394,354.00 0.00 2,394,354.00 0.000% CVWD 0.00 0.00 0.00 0.000% County of Riverside 0.00 0.00 0.00 0.000% Surface Transportation Funding 15,218,950.00 0.00 15,218,950.00 0.000% City of Indio 0.00 0.00 0.00 0.000% LQAF 0.00 0.00 0.00 0.000% IID 22,924.00 0.00 22,924.00 0.000% RCTC 0.00 0.00 0.00 0.000% Vista Dunes Housing LLP 0.00 0.00 0.00 0.000% S13821-Bicycle Path Grant 0.00 0.00 0.00 0.000% State of California 0.00 0.00 0.00 0.000% APP Contribution 0.00 0.00 0.00 0.000% Developer Agreement Funding 394,090.00 0.00 394,090.00 0.000% Litigation Settlements 0.00 0.00 0.00 0.000% Transfers in From Other Funds 62,794,995.00 11058,256.66 61,736,738.34 1.690% TOTAL CIP REVENUE 80,825,313.00 1,058,256.66 79,767,056.34 1.310% EQUIPMENT REPLACEMENT FUND: Equipment Charges 590,200.00 0.00 590,200.00 0.000% Capital Contribution 0.00 0.00 0.00 0.000% Sale of Fixed Asset 0.00 0.00 0.00 0.000% Insurance Recoveries 0.00 0.00 0.00 0.000% Interest 7,300.00 (989.82) 8,289.82 -13.560% Transfers In 0.00 0.00 0.00 0.000% TOTAL EQUIPMENT REPLACEMENT 597,500.00 (989.82) 598,489.82 -0.170% INFORMATION TECHNOLOGY FUND: Charges for services 444,500.00 0.00 444,500.00 0.000% Capital Contribution 0.00 0.00 0.00 0.000% Sale of Fixed Asset 0.00 0.00 0.00 0.000% Interest 1,000.00 (530.47) 1,530.47 -53.050% Transfers In 0.00 0.00 0.00 0.000% TOTAL INFORMATION TECHNOLOGY 445,500.00 (530.47) 446,030.47 -0.120% PARK EQUIPMENT & FACILITY Charges for services 502,500.00 0.00 502,500.00 0.000% Interest 1,000.00 (460.18) 1,460.18 -46.020% Capital Contributions 0.00 0.00 0.00 0.000% TOTAL PARK EQUIPMENT & FAC 503,500.00 (460.18) 503,960.18 -0.090% SILVERROCK GOLF Green fees Range fees Resident Card Merchandise Food & Beverage Allocated Interest Income Insurance Recoveries Transfers In TOTAL SILVERROCK GOLF SILVERROCK GOLF RESERVE Interest Transfers In TOTAL SILVERROCK GOLF LQ PUBLIC SAFETY OFFICER FUND Transfer In Interest TOTAL LQ PUBLIC SAFETY SUPPLEMENTAL PENSION SAVINGS PLAN Contributions Interest TOTAL SUPPLE PENSION SAVINGS PLAN MEASURE "A" Measure A Sales Tax Interest TOTAL MEASURE"A" 3,009,200.00 233,144.41 2,776,055.59 7.750% 162,500.00 10,698.00 151,802.00 6.580% 130,000.00 8,865.00 121,135.00 6.820% 274,600.00 25,216.77 249,383.23 9.180% 12,000.00 0.00 12,000.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 520,000.00 0.00 520,000.00 0.000% 4,108,300.00 277,924.18 3,830,375.82 6.760% 1,500.00 (180.11) 1,680.11-12.010% 67,000.00 0.00 67,000.00 0.000% 68,500.00 (180.11) 68,680.11-0.260% 2,000.00 0.00 2,000.00 0.000% 100.00 (12.04) 112.04-12.040% 2,100.00 (12.04) 2,112.04-0.570% 0.00 0.00 0.00 0.000% 0.00 (72.40) 72.40 0.000% 0.00 (72.40) 72.40 0.000% 693,500.00 0.00 693,500.00 0.000% 0.00 0.00 0.00 0.000% 693,500.00 0.00 693,500.00 0.000% EPA ATTACHMENT 2 CITY OF LA QINTA EXPENDITURES -ALL FUNDS FUNDS ADJUSTED BUDGET 0710112013 - 0913012013 EXPENDITURES ENCUMBERED REMAINING BUDGET PERCENT General $35,709,164.00 $4,106,803.19 $76,654.12 $31,525,706.69 11.5% Library 2,297,149.00 380.35 0.00 2,297,149.00 0.0% Gas Tax 1,293,700.00 0.00 0.00 1,293,700.00 0.0% Federal Assistance 208,645.00 5,866.64 0.00 202,778.36 2.8% JAG Grant 2,311.00 0.00 0.00 2,311.00 0.0% Slesf (Cops) Revenue 120,290.00 0.00 0.00 120,290.00 0.0% Indian Gaming 0.00 0.00 0.00 0.00 0.0% Lighting & Landscaping 960,000.00 0.00 0.00 960,000.00 0.0% RCTC 0.00 0.00 0.00 0.00 0.0% Development Agreement 0.00 0.00 0.00 0.00 0.0% CV Violent Crime Task Force 58,400.00 6,765.59 0.00 51,634.41 11.6% AB 939 302,590.00 0.00 2,000.00 300,590.00 0.0% Quimby 12,656,261.00 81,214.06 0.00 12,575,046.94 0.6% TUMF 0.00 0.00 0.00 0.00 0.0% Infrastructure 0.00 0.00 0.00 0.00 0.0% Proposition 1B 0.00 0.00 0.00 0.00 0.0% South Coast Air Quality 40,200.00 10,049.12 0.00 30,150.88 25.0% CMAQ 0.00 0.00 0.00 0.00 0.0% Transportation (101,022.00) 617,231.62 0.00 (718,253.62) -611.0% Parks & Recreation 4,400.00 687.30 0.00 3,712.70 15.6% Civic Center 230,200.00 4,743.68 0.00 225,456.32 2.1 Library Development 9,500.00 1,202.78 0.00 8,297.22 12.7% Community Center 1,206,191.00 0.00 0.00 1,206,191.00 0.0% Street Facility 10,000.00 1,312.61 0.00 8,687.39 13.1 Park Facility 2,200.00 1,651.92 0.00 548.08 75.1 Fire Protection 3,500.00 566.11 0.00 2,933.89 16.2% Arts In Public Places 329,700.00 10,216.20 0.00 319,483.80 3.1 I nterest Allocation 0.00 0.00 0.00 0.00 0.0% Capital Improvement 80,850,313.00 1,058,256.66 30,278.88 79,761,777.46 1.3% Equipment Replacement 766,523.00 120,917.41 0.00 645,605.59 15.8% Information Technology 1,394,167.00 232,416.02 124.09 1,161,626.89 16.7% Park Maintenance Facility 551,000.00 14,404.91 0.00 536,595.09 2.6% SilverRock Golf 4,169,300.00 708,397.81 0.00 3,460,902.19 17.0% SilverRock Reserve 20,000.00 0.00 0.00 20,000.00 0.0% LQ Public Safety Officer 2,000.00 0.00 0.00 2,000.00 0.0% Supplemental Pension Savings Plan 0.00 12,832.86 0.00 (12,832.86) 0.0% Measure "A" 804,000.00 4,540.55 0.00 799,459.45 0.6% La Quinta Financing Authority 677,400.00 1,371.00 0.00 676,029.00 0.2% La Quinta Housing Authority 834,977.00 221,831.30 0.00 613,145.70 26.6% Successor Agency 19,890,300.00 6,663,148.12 0.00 13,227,151.88 33.5% Successor Agency to Project Area No. 1 38,722,663.00 255.14 0.00 38,722,407.86 0.0% Successor Agency to Project Area No. 2 4,963,990.00 0.00 0.00 4,963,990.00 0.0% Total $208 990 012.00 $13 887 062.95 $109 057.09 $194 994 272.31 6.6 43 CITY OF LA QUINTA GENERAL FUND EXPENDITURE SUMMARY BY DEPARTMENT 07/01/2013 - 09/30/2013 GENERAL GOVERNMENT: CITY CLERK COMMUNITY SERVICES FINANCE BUILDING & SAFETY: POLICE: PLANNING: PUBLIC WORKS: ADJUSTED BUDGET 09/30/13 REMAINING EXPENDITURES ENCUMBERED BUDGET PERCENTAGE LEGISLATIVE 724,600.00 163,630.57 0.00 560,969.43 22.58% CITY MANAGER'S OFFICE 895,600.00 169,938.75 0.00 725,661.25 18.97% MANAGEMENT SERVICES 678,500.00 110,088.59 0.00 568,411.41 16.23% TOTAL GENERAL GOVERNMENT 2,298,700.00 443,657.91 0.00 1,855,042.09 19.30% 459,000.00 89,231.45 0.00 369,768.55 19.44% TOTAL CITY CLERK 459,000.00 89,231.45 0.00 369,768.55 19.44% PARKS & RECREATION ADMINISTRATI� 977,100.00 282,521.70 0.00 694,578.30 28.91 SENIOR CENTER 385,200.00 67,248.94 0.00 317,951.06 17.46% PARKS& RECREATION PROGRAMS 198,100.00 47,445.76 0.00 150,654.24 23.95% LIBRARY 1,437,200.00 25,378.98 0.00 1,411,821.02 1.77% PARK MAINTENANCE 1,515,800.00 179,113.87 0.00 1,336,686.13 11.82% MUSEUM 281,300.00 60,085.71 0.00 221,214.29 21.36% ECONOMIC DEVELOPMENT 538,100.00 153,476.58 0.00 384,623.42 28.52% CIVIC CENTER BLDG MAINT 1,233,900.00 699,437.28 161.72 534,301.00 56.69% TOTAL COMMUNITY SERVICES 6,566,700.00 1,514,708.82 161.72 5,051,829.46 23.07% FISCAL SERVICES 985,100.00 211,041.40 0.00 774,058.60 21.42% CENTRAL SERVICES 280,000.00 22,646.20 0.00 257,353.80 8.09% TOTAL FINANCE 1,265,100.00 233,687.60 0.00 1,031,412.40 18.47% FIRE 5,289,359.00 37,753.23 0.00 5,251,605.77 0.71 TOTAL BUILDING & SAFETY 5,289,359.00 37,753.23 0.00 5,251,605.77 0.71 POLICE SERVICES 13,300,701.00 20,875.79 0.00 13,279,825.21 0.16% TOTAL PUBLIC SAFETY 13,300,701.00 20,875.79 0.00 13,279,825.21 0.16% COMM DEV ADMN - ADMIN CURRENT PLANNING BUILDING CODE/ANIMAL EMERGENCY SERVICES TOTAL COMMUNITY DEVELOPMENT PUBLIC WORKS ADMINISTRATION DEVELOPMENT & TRAFFIC MAINT/OPERATIONS - STREETS MAINT/OPERATIONS - LTG/LANDSCAP CONSTRUCTION MANAGEMENT TOTAL PUBLIC WORKS TRANSFERS OUT GENERAL FUND REIMBURSEMENTS NET GENERAL FUND EXPENDITURES 668,370.00 133,559.43 0.00 534,810.57 19.98% 528,700.00 93,533.81 0.00 435,166.19 17.69% 791,300.00 160,004.80 0.00 631,295.20 20.22% 795,600.00 122,099.84 0.00 673,500.16 15.35% 199,200.00 26,423.94 0.00 172,776.06 13.27% 2,983,170.00 535,621.82 0.00 2,447,548.18 17.95% 492,304.00 89,525.43 25,104.00 377,674.57 18.18% 571,100.00 111, 552.32 0.00 459, 547.68 19.53 1,312,508.00 228,624.69 0.00 1,083,883.31 17.42% 1 1,616,731.00 283,941.77 0.00 1,332,789.23 17.56% 1,121,570.00 240,934.59 51,388.40 829,247.01 21.48% 5,114,213.00 954,578.80 76,492.40 4,083,141.80 18.67% 3,914,929.00 313,550.46 0.00 3,601,378.54 8.01 (5,482,708.00) (36,862.69) 0.00 (5,445,845.31) 0.67% 35,709,164.00 4,106,803.19 76,654.12 31,525,706.69 11.50% 44 CITY OF LA QUINTA OTHER CITY FUNDS ADJUSTED 09/30/13 REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET PERCENTAGE LIBRARY FUND INTEREST ADVANCE 0.00 0.00 0.00 0.00 0.00% OTHER SERVICES 0.00 0.00 0.00 0.00 0.00% REIMBURSE GENERAL FUND 1,718,500.00 0.00 0.00 1,718,500.00 0.00% TRANSFER OUT 578,649.00 380.35 0.00 578,649.00 0.00% TOTAL LIBRARY FUND 2,297,149.00 380.35 0.00 2,297,149.00 0.00% GAS TAX CONTRACT SERVICES 0.00 0.00 0.00 0.00 0.00% REIMBURSE GENERAL FUND 1,293,700.00 0.00 0.00 1,293,700.00 0.00% TRANSFER OUT 0.00 0.00 0.00 0.00 0.00% TOTAL GAS TAX FUND 1,293,700.00 0.00 0.00 1,293,700.00 0.00% FEDERAL ASSISTANCE FUND: TRANSFER OUT 208,645.00 5,866.64 202,778.36 2.81 TOTAL FEDERAL ASSISTANCE FUND 208,645.00 5,866.64 0.00 202,778.36 2.81 JAG GRANT TRANSFER OUT TOTAL JAG GRANT 2,311.00 0.00 0.00 2,311.00 0.00% SLESF(COPS) TRANSFER OUT TOTAL SLESF (COPS) FUND 120,290.00 0.00 0.00 120,290.00 0.00% LIGHTING & LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 960,000.00 0.00 0.00 960,000.00 0.00% TRANSFER OUT 0.00 0.00 0.00 0.00 0.00% TOTAL LTG/LANDSCAPING FUND 960,000.00 0.00 0.00 960,000.00 0.00% CRIME VIOLENT TASK FORCE OPERATING EXPENSES 58,400.00 6,765.59 0.00 51,634.41 11.58% TRANSFER OUT 0.00 0.00 0.00 0.00 0.00% TOTAL CRIME VIOLENT TASK FORCE 58,400.00 6,765.59 0.00 51,634.41 11.58% AB 939 OPERATING EXPENSES 29,500.00 0.00 2,000.00 27,500.00 0.00% REIMBURSE GENERAL FUND 73,600.00 0.00 0.00 73,600.00 0.00% TRANSFER OUT 199,490.00 0.00 0.00 199,490.00 0.00% TOTAL AB 939 302,590.00 0.00 2,000.00 300,590.00 0.00% QUIMBY FUND CONTRACT SERVICES 0.00 0.00 0.00 0.00 0.00% OPERATING SUPPLIES 0.00 0.00 0.00 0.00 0.00% REIMBURSE DEVELOPER FEES 0.00 0.00 0.00 0.00 0.00% TRANSFER OUT 12,656,261.00 81,214.06 0.00 12,575,046.94 0.64% TOTAL QUIMBY 12,656,261.00 81,214.06 0.00 12,575,046.94 0.64% SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 40,200.00 10,049.12 0.00 30,150.88 25.00% TRANSFER OUT 0.00 0.00 0.00 0.00 0.00% TOTAL SOUTH COAST AIR QUALITY 40,200.00 10,049.12 0.00 30,150.88 25.00% CITY OF LA QUINTA OTHER CITY FUNDS ADJUSTED 4/20/2144 REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET PERCENTAGE TRANSPORTATION PROGRAM COSTS 0.00 0.00 0.00 0.00 0.00% INTEREST ON ADVANCE 9,300.00 8,798.55 0.00 501.45 94.61 CONTRIBUTION 0.00 0.00 0.00 0.00 0.00% TRANSFER OUT (110,322.00) 608,433.07 0.00 (718,755.07) -551.51 TOTAL TRANSPORTATION (101,022.00) 617,231.62 0.00 (718,253.62) -610.99% PARKS & RECREATION INTEREST ON ADVANCE 4,400.00 687.30 0.00 3,712.70 15.62% TRANSFER OUT 0.00 0.00 0.00 0.00 0.00% TOTAL PARKS & RECREATION 4,400.00 687.30 0.00 3,712.70 15.62% CIVIC CENTER SERVICES 0.00 0.00 0.00 0.00 0.00% INTEREST ON ADVANCE 28,800.00 4,743.68 0.00 24,056.32 16.47% REIMBURSE GENERAL FUND 201,400.00 0.00 0.00 201,400.00 0.00% TRANSFER OUT 0.00 0.00 0.00 0.00 0.00% TOTAL CIVIC CENTER 230,200.00 4,743.68 0.00 225,456.32 2.06% LIBRARY DEVELOPMENT PROGRAM COSTS 0.00 0.00 0.00 0.00 0.00% INTEREST ON ADVANCE 9,500.00 1,202.78 0.00 8,297.22 12.66% TRANSFER OUT 0.00 0.00 0.00 0.00 0.00% TOTAL LIBRARY DEVELOPMENT 9,500.00 1,202.78 0.00 8,297.22 12.66% COMMUNITY CENTER PROGRAM COSTS 0.00 0.00 0.00 0.00 0.00% TRANSFER OUT 1,206,191.00 0.00 0.00 1,206,191.00 0.00% TOTAL COMMUNITY CENTER 1,206,191.00 0.00 0.00 1,206,191.00 0.00% STREET FACILITY PROGRAM COSTS 0.00 0.00 0.00 0.00 0.00% INTEREST ON ADVANCE 10,000.00 1,312.61 0.00 8,687.39 13.13% TRANSFER OUT 0.00 0.00 0.00 0.00 0.00% TOTAL STREET FACILITY 10,000.00 1,312.61 0.00 8,687.39 13.13% PARK FACILITY PROGRAM COSTS 0.00 0.00 0.00 0.00 0.00% TRANSFER OUT 2,200.00 1,651.92 0.00 548.08 75.09% TOTAL PARK FACILITY 2,200.00 1,651.92 0.00 548.08 75.09% FIRE PROTECTION INTEREST ON ADVANCE 3,500.00 566.11 0.00 2,933.89 16.17% TRANSFER OUT 0.00 0.00 0.00 0.00 0.00% TOTAL FIRE PROTECTION DIF 3,500.00 566.11 0.00 2,933.89 16.17% ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP 20,000.00 2,200.00 0.00 17,800.00 11.00% OPERATING EXPENSES-APP 4,700.00 16.20 0.00 4,683.80 0.34% ART PURCHASES 105,000.00 8,000.00 0.00 97,000.00 7.62% TRANSFER OUT 200,000.00 0.00 0.00 200,000.00 0.00% TOTAL ART IN PUBLIC PLACES 329,700.00 10,216.20 0.00 319,483.80 3.10% INTEREST ALLOCATION FUND TRANSFER OUT 0.00 0.00 0.00 0.00 0.00% TOTAL INT ALLOC FUND 0.00 0.00 0.00 0.00 0.00% CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 80,001,905.00 1,021,393.97 30,278.88 78,950,232.15 1.28% PROJECT REIMBURSEMENTS TO GEN FUND 848,408.00 36,862.69 0.00 811,545.31 4.34% TRANSFER OUT 0.00 0.00 0.00 0.00 0.00% TOTAL CAPITAL IMPROVEMENT 80,850,313.00 1,058,256.66 30,278.88 79,761,777.46 1.31 EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 307,600.00 48,043.42 0.00 259,556.58 15.62% DEPRECIATION EXPENSES 171,700.00 0.00 0.00 171,700.00 0.00% CAPITAL PURCHASES 118,100.00 28,857.60 0.00 89,242.40 24.43% TRANSFER OUT 169,123.00 44,016.39 0.00 125,106.61 26.03% TOTAL EQUIPMENT REPLACEMENT FUND 766,523.00 120,917.41 0.00 645,605.59 15.77% IN CITY OF LA QUINTA OTHER CITY FUNDS ADJUSTED 112211916 REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET PERCENTAGE INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 384,482.00 129,941.60 124.09 254,416.31 33.80% DEPRECIATION EXPENSES 97,800.00 0.00 0.00 97,800.00 0.00% CAPITAL PURCHASES 911,885.00 102,474.42 0.00 809,410.58 11.24% TOTAL INFORMATION TECHNOLOGY 1,394,167.00 232,416.02 124.09 1,161,626.89 16.67% PARK MAINTENANCE FACILITY OPERATING EXPENSES 48,500.00 14,404.91 0.00 34,095.09 29.70% DEPRECIATION EXPENSES 502,500.00 0.00 0.00 502,500.00 0.00% CAPITAL PURCHASES 0.00 0.00 0.00 0.00 0.00% TRANSFER OUT 0.00 0.00 0.00 0.00 0.00% TOTAL PARK MAINTENANCE FAC 551,000.00 14,404.91 0.00 536,595.09 2.61 SILVERROCK GOLF OPERATING EXPENSES 4,102,300.00 708,397.81 0.00 3,393,902.19 17.27% TRANSFER OUT 67,000.00 0.00 0.00 67,000.00 0.00% TOTAL SILVERROCK GOLF 4,169,300.00 708,397.81 0.00 3,460,902.19 16.99% SILVERROCK GOLF RESERVE TRANSFER OUT 20,000.00 0.00 0.00 20,000.00 0.00% TOTAL SILVERROCK GOLF RESERVE 20,000.00 0.00 0.00 20,000.00 0.00% LA QUINTA PUBLIC SAFETY CONTRIBUTIONS TOTAL L Q PUBLIC SAFETY 2,000.00 0.00 0.00 2,000.00 0.00% MEASURE"A" REIMBURSE GENERAL FUND 0.00 0.00 0.00 0.00 0.00% TRANSFER OUT 804,000.00 4,540.55 0.00 799,459.45 0.56% TOTAL MEASURE "A" 804,000.00 4,540.55 0.00 799,459.45 0.01 IN 48 o� u,tcv � o� V s y ,rY c�tit OF CITY / SA / HA / FA MEETING DATE: November 19, 2013 AGENDA CATEGORY: ITEM TITLE: APPROVE ON -SITE AND OFF -SITE BUSINESS SESSION: REPLACEMENT SUBDIVISION IMPROVEMENT CONSENT CALENDAR: 3 AGREEMENTS FOR TRACT MAP NO. 32879, GRIFFIN RANCH, LENNAR HOMES OF CALIFORNIA, STUDY SESSION: INCORPORATED PUBLIC HEARING: RECOMMENDED ACTION: Approve the On -site and Off -site Replacement Subdivision Improvement Agreements for Tract Map No. 32879, Griffin Ranch, subject to minor revisions by the City Attorney; authorize the City Manager to execute said agreement; and direct staff to release the original securities associated with the original On -site and Off -site Subdivision Improvement Agreements for this tract upon receipt of the new securities. EXECUTIVE SUMMARY: • In 2006, the original developers of Griffin Ranch, McComic Griffin LLC and Griffin Ranch LLC, recorded a final map and executed on -site and off -site Subdivision Improvement Agreements ("SIA's"). During the economic downturn, they lost the property through foreclosure after completing some, but not all, of the improvements. • Lennar Homes has recently acquired an interest in the property and desires to enter into replacement of on -site and off -site SIA's and bond for the design and construction of the remaining public and private improvements associated with this tract. They also want to warranty all of the improvements for one year after City Council acceptance. • Staff recommends approval of the replacement agreements and bonds in order to ensure construction and acceptance of the remainder of the improvements, which include the landscape and sidewalk on Avenue 54. «] FISCAL IMPACT: None. However, with the approval of the replacement SIA's, the City will be avoiding potential legal costs of pursuing the original developers of the project to complete the improvements. BACKGROUND/ANALYSIS: The Griffin Ranch development is located at the southeast corner of Avenue 54 and Madison Street (Attachment 1). The project was fully rough graded, on -site street improvements and utilities were installed, and the perimeter landscaping, sidewalk and equestrian trail on Madison Street were completed by the original developers in 2006. About 60 homes were sold before the project went into foreclosure in 2011. Since that time, the property has changed hands many times. In 2013, Lennar Homes negotiated an interest in constructing the clubhouse and about 200 of the home sites. On September 24, 2013, the Planning Commission approved Lennar Homes' application for the redesign of the clubhouse. Lennar also plans to make changes to the size and design of the residential homes. Staff has reviewed the on -site and off -site improvement plans from Lennar Homes of California. The remaining off -site improvements include finishing the parkway landscaping, fencing, trail and sidewalk along Avenue 54, and one quarter of a traffic signal at Madison Street at Avenue 54. The remaining on -site improvements include storm drain, sewer, water, streets, walls, fencing and landscaping. The builder is scheduled to begin construction by spring 2014. The attached replacement SIA's (Attachment 2) replace McComic Griffin LLC and Griffin Ranch LLC, with Lennar Homes as obligee for the construction and guarantor of the remaining on -site and off -site improvements. ALTERNATIVES: By approving these replacement SIA's, Lennar Homes is agreeing to warranty the improvements constructed by the previous developer and ensuring construction of the remaining on -site and off -site improvements. This gives both the existing residents of Griffin Ranch as well as the City assurance that all improvements will be constructed and/or protected by Lennar through build out of the development. Therefore, staff does not recommend any alternatives to this 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. Replacement Subdivision Improvement Agreements (On -Site and Off -Site) ATTACHMENT 1 TM 32879 GRIFFIN RANCH H w w AVENUE 54 w a Z O M AIRPORT I BLVD LJ W N cn O (n U) VICINITY MAP NOT TO SCALE 1.1 6% ATTACHMENT 2 CITY OF LA QUINTA REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 32879 ON -SITE IMPROVEMENTS THIS REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of AV �e 10-6 -4 N Ra a -1 MIWEToMm .0.4. "ll. 110-1161 6 53 K One class of security to be provided by Builder, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Builder's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. The performance security shall also include good and sufficient security in the amount of one hundred percent (100%) of the estimated cost of setting subdivision monuments as stated hereafter in this Agreement ("Monumentation Security"). A second class of security to be provided by Builder, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Builder, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Builder shall furnish performance and payment security prior to permit issueance. Builder shall provide warranty security after Improvements are complete and prior to the City Council acceptance of the Improvements. Warranty security shall not be required for Private Improvements, Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. W Improvement security shall conform with Section 66499 of the California Government Code a may be one or more of the following: i 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, in a form acceptable to and approved by the City Attorney, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest require the installation of the Improvements sooner than two (2) years after recordation of t final map or Tract map for which the Improvements are required. The lien shall provide -0 0- M collateral value of three (3) times the estimated cost of the Improvements and shall inclu the power of sale of the real property, all buildings and improvements thereon, or that may erected upon or made thereto, together with all hereditaments and appurtenances thereun belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, a profits thereof. The collateral value of the property shall be established at Builder's expen through an appraisal approved by City. 2 of 9 54 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least twenty percent (20%) of the financing for the Improvements. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal one hundred percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents specified in this Agreement are incorporated into this Agreement by this reference. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. The City Engineer shall approve replacemen) of security. D. At the time of submittal of security, Builder shall pay to City administrative fees applicable to the form of security provided. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Builder, or until Builder pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Builder of Builder's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. No- I M-M. 0 W-1 al -MI SWOON, 111"1111111MI M-111116IN111190w, scljo U1 LIM; sate U1 Me 1111tLef] Clefildi'M 11U111 U1j, klLj, Maj preSerit a Irrittell Dernallu io Surety for payment of said cash and Builder's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. 77 Security shall not expire, be reduced or become wholly or partially invalid for any reaso.,4 including non-payment of premiums, modifications of this Agreement and/or expiration of the tim-1; for performance stated in this Agreement. 3 Of 9 55 4of9 56 6.2 Inspection. Builder shall at all times maintain proper facilities and safe access for inspection of the public improvements by City and to the shops wherein any work is in preparation. Upon completion of the work, the Builder may request a final inspection by the City Engineer or the City Engineer's authorized representative. If the City Engineer or the designated representative determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the public improvements to the City Council. No improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and City standards and accepted by the City as described in Paragraph 10 of this Agreement. Builder shall bear all costs of plan check, inspection and certification. 7. Force Maleure. In the event that Builder is unable to perform within the time limits herein due tit strikes, act of God, or other events beyond Builder's control, the time limits for obligations affected by such events will be extended by the period • such events. 8. Time Extension. Builder may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Builder shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the e,# rarwice 0-&ni incom�lete at the time of the extension, and to provide warranty security on completed Improvements. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Builder shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Builder's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. 11. In"u[y to Improvements. Until such time as the Improvements are accepted by City in accordance with Paragraph 10, Builder shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. Until such time as all Improvements required by this Agreement are fully completed and accepted by City, Builder will be responsible for the care, maintenance of, and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance • the work • improvements. All such risks shall be the responsibility of and are hereby assumed by Builder. 50fg 57 12. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Builder shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City • 13. Improvement Warranty. Builder hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. If within the warranty period any work or improvement or part of any work or improvement done, furnished, installed, constructed or caused to be done, furnished, •a or constructed by Builder fails to fulfill any • the requirements of this Agreement or the improvement plans and specifications referred to herein, Builder shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Builder fail to act promptly or in accordance with this requirement, Builder hereby authorizes City, at City's sole option, to perform the work twenty (20) days after mailing written notice of default to Builder and to Subidivider's Surety, and agrees to pay the cost of such work by City. Should City determine that an urgency requires repairs or replacements to be made before Builder can be notified, City may, in its sole discretion, make the necessary repairs or replacement or perform the necessary work and Builder shall pay to City the cost of such repairs 14. Release of Securit . City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Builder to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the ♦ of •. security released. 16. InoUry to PLIbliC Improvements, Public Proper!y or Public, Utility Facilities. Builder shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities • surveying ■ subdivision monuments which are destroyed ♦ damaged as a result ■ any work performed under this Agreement. Builder shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 17. Indemnification. a. Neither City nor any and all of its officials, employees and agents ("Indemnified Parties") shall be liable for any injury to persons or property occasioned by reason of the acts or omissions of Builder, its agents or employees in the performance of this Agreement. Builder further agrees to protect and hold harmless Indemnified Parties form any and all claims, demands, causes of action, liability or loss of any sort, including, but not limited to, attorney fees and litigation expenses, because of, or arising out of, acts or omissions of Builder, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design of construction of the Improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. 6 of 9 58 . . . . . . . . . . . insp i ng any work or construction. The Improvement Security shall not be required to cover the provisions of this paragraph. 18. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 19. Severability. In the event that a court of competent jurisdiction determines that any provision or provisions of this Agreement are unenforceable, all provisions not so held shall remain in full force and effect. 20. Builder No Agent of Cit . Neither Builder nor any of Builder's agents, employees, or contractors are or shall be considered to be agents of City in connection with the performance of Builder's obligations under this Agreement. 9019z��� B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. 7 of 9 59 F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. G. Time is of the essence in the performance of each and every provision of this Agreement. H. The Recitals to this Agreement are hereby incorporated into and expressly made a part of the terms of this Agreement. I. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Frank J. Spevacek, City Manager Date Susan Maysels, City Clerk Date Lermar, Inland Region 980 Montecitc, Drive, Suite 302 Corona, CA 92879 951-817-36 3 By: ate Title: u-0 M MOM fim fflmmzz� �-� City Engineer Date Approved as to Form., City Attorney Date 8 Of 9 60 Exhibit A SECWVITX — TRACT MAP NO. 3287-S Ill I "M ITA I I 1 0 VA211211111MUL-71IRMIS 0 2 0 4 Labor & materials security shall remain in place until 90 days after all required Tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials 20 Estates Lots Site Preparation $ 21,000 Rough Grading / Pill 0 $ 53,131 Storm Drain $ 11,130 Sanitary Sewer $ 13,030 Potable Water $ 600 Street Improvements $ 209,625 Fencing and Walls $ 28,700 Landscaping $ 497,750 Totals $ 834,966 Standard 10% Contingency $ 83,497 Professional Fees, Design 5% $ 41,748 Professional Fees, Const 10% $ 83,497 and Amount $ 1,043,708 9 of 9 61 REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 32879 ON -SITE IMPROVEMENTS THIS REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of 1 2013, by and between Lennar Homes of California, Inc. a California corporation hereinafter referred to as • ■ "Builder." h i L i I r ora ion f he S ate of California hereinafter referred A 1 9 9 o 6 see 1 of 9 62 A. One class of security to be provided by Builder, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Builder's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. The performance security shall also include good and sufficient security in the amount of one hundred percent (100%) of the estimated cost of setting subdivision monuments as stated hereafter in this Agreement ("Monumentation Security"). A second class of security to be provided by Builder, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Builder, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Builder shall furnish performance and payment security prior to permit issueance. Builder shall provide warranty security after Improvements are complete and prior to the City Council acceptance of the Improvements. Warranty security shall not be required for Private Improvements, Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code a may be one or more of the following: i 2) Surety bonds, of the form specified in subsection 66499.2 of the California Governme Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 5 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject regulation by the state or federal government and having a financial quality rating of "A"" better and a commitment reliability rating of "R-2" or better on the Investment Data Exchan (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, in a form acceptable to and approved by the City Attorney,, issu by one or more financial institutions meeting the requirements of Paragraph (3), pledging th the funds necessary to carry out the completion of the Improvements are on depos guaranteed for payment, and constitute a trust fund which is not subject to levy or attachme by any creditor of the depositor until released by City. Letters of credit shall guarantee that � or any portion of the funds available pursuant to the letters of credit will be paid upon tt written demand of City and that such written demand need not present documentation of ar type as a condition of payment, including proof of loss. The duration of any such letter credit shall be for a period of not less than one year from the execution of the agreement wi which it is provided and shall state, on its face, that the letter of credit will be automatica� renewed until such time that City authorizes its expiration or until sixty (60) days after Ci receives notice from the financial institution of intent to allow expiration of the letter of credit.. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest require the installation of the Improvements sooner than two (2) years after recordation of t final map or Tract map for which the Improvements are required. The lien shall provide collateral value of three (3) times the estimated cost of the Improvements and shall inclu• the power of sale of the real property, all buildings and improvements thereon, or that may erected upon or made thereto, together with all hereditaments and appurtenances thereun ues, ai belonging, or in any wise appertaining, and the reservations, remainders, rents, iss expen: profits thereof. The collateral value of the property shall be established at Builder's through an appraisal approved by City. 2 of 9 63 6) An instrument of credit from an agency of the state, federal or local government, when ara agency of the state, federal, or local government provides at least twenty percent (20%) .01 the financing for the Improvements. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of t performance security shall equal one hundred percent (100%) of the estimated cost constructing the Improvements, including payment of plan check and permit fees, as estimated the City Engineer or a duly authorized representative of the City Engineer. The amount Payment security shall equal the amount of the amount of performance security, except otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty securi shall equal Ten Percent (10%) of the amount of performance security except as otherwise s'_ forth in Exhibit A. The securities required by this Agreement shall be kept on file with the Ci Clerk. The terms of the security documents specified in this Agreement are incorporated into t Agreement by this reference. If any security is replaced by another approved security, t replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have be made a part of and incorporated into this Agreement. Upon filing of a replacement security wi the City Clerk, the former security may be released. The City Engineer shall approve replacerne of security. D. At the time of submittal of security, Builder shall pay to City administrative fees applicable to the form of security provided. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars 00). E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Builder, or until Builder pays to City the estimated cost of tht Participatory Improvements, and shall guarantee the reimbursement by Builder of Builder's shart of the cost of the Participatory Improvements. Payment security and warranty security shall nol be required for Participatory Improvements. 111110 im 6 0 of 111011- MUM= I.djb 91 LIM UdLl-- U1 Me MILLeTT-telM r- - - Surety for payment of said cash and Builder's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement. 3 of 9 64 Permits Reguired. Prior to commencing any phase of work, Builder shall obtain all permits requirei for that phase of work and pay all required fees. Work performed under a permit or permits shal! comply with all provisions of the required permits. MUM 4 of 9 65 modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise 2ffect the validity of this agreement or Builder's obligations hereunder. Faccepieu 6J Me 1,TJ as DescrIE)GO In Fara4ja$1n I If Q[ JnJ5 ^greelflent. DVLWP--F all i of plan check, inspection and certification. 7. Force Maieure. In the event that Builder is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Builder's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Builder may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Builder shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 10. Final Accegtance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Builder shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Builder's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. ................. 11. Inlury to Irngrovements. Until such time as the Improvements are accepted by City in accordance with Paragraph 10, Builder shall be responsible for and be the risk of loss to any of the improvements constructed or installed. Until such time as all Improvements required by this Agreement are fully completed and accepted by City, Builder will be responsible for the care, maintenance of, and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by Builder. 5 Of 9 66 1Z Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Builder shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 13. Improvement Warranty. Builder hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. If within the warranty period any work or improvement or part of any work or improvement done, furnished, installed, constructed or caused to be done, furnished, installed or constructed by Builder fails to fulfill any of the requirements of this Agreement or the improvement plans and specifications referred to herein, Builder shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Builder fail to act promptly or in accordance with this requirement, Builder hereby authorizes City, at City's sole option, to perform the work twenty (20) is after mailing written notice of default to Builder and to Subidivider's Surety, and agrees to pay the cost of such work by City. Should City determine that an urgency requires repairs or replacements to be made before Builder can be notified, City may, in its sole discretion, make the necessary repairs or replacement or perform the necessary work and Builder shall pay to City the cost of such repairs 14. Release of Security. City shall retain and release securities in accordance with the provisions oi Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Builder to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 11 V17-111 9 a a- -------- --- 17. Indemnification. a. Neither City nor any and all of its officials, employees and agents ("Indemnified Parties") shall be liable for any injury to persons or property occasioned by reason of the acts or omissions of Builder, its agents or employees in the performance of this Agreement. Builder further agrees to protect and hold harmless Indemnified Parties form any and all claims, demands, causes of action, liability or loss of any sort, including, but not limited to, attorney fees and litigation expenses, because of, or arising out of, acts or omissions of Builder, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design of construction of the Improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. 6 of9 67 " IM WMOM_ I ",OWN M-POMM" We 4 1 H to] IN 1104 rovements. it is Me intent Or inis paragrapn mat 6011aer snall fe Fes for design and construction of the Improvements installed or work done pursuant to this Agreement and that city shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The Improvement Security shall not be required to cover the provisions of this paragraph. 18. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 19. Severability. In the event that a court of competent jurisdiction determines that any provision or provisions of this Agreement are unenforceable, all provisions not so held shall remain in full force and effect. 20. Builder No Agent of City. Neither Builder nor any of Builder's agents, employees, or contractors are or shall be considered to be agents of City in connection with the performance of Builder's obligations under this Agreement. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. 7of9 68 F. Any failure or delay by either party in asserting any of its rights and remedies as to any ■- shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. 1- 1 1 1 .1 MSE83LICEM H. The Recitals to this Agreement are hereby incorporated into and expressly made a part of the terms of this Agreement. I. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Frank J. Spevacek, City Manager Da4z Susan Maysels, City Clerk Date BUILDER: Lennar Homes of California, Inc. Lennar, Inland Region 980 Montecito Drive, Suite 302 By an Coronp,,C—"2879 Date a: City Engineer Date Z'763M'! i • EVA= WE XWE 8 Of 9 69 Exhibit A i i As elements of the work are completed, Builder may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the Improvements and shall not reduce total performance security below the amount necessary to complete the Remaining Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required Tract improvements are complete and accepted by the City Council. DescriptionImprovement Site Preparation 152,775 Rough Grading / Pill 0 35,90 Storm Drain 636,95 Sanitary Sewer 15,320 Potable Water 93,76 Street Improvements 1,213,651 Fencing and Walls $ 19,290 Landscaping $ 544,520 Gate $ 75,000 Dry Utilities $ 220,000 Totals $ 4,025,299 Standard 10% Contingency $ 402,530 Professional Fees, Design 5% 201,265 Professional Fees, Const 10% $ 402,530 Bond Amount $ 5,031,624 9Of9 70 CITY of LA QUI NTA 71 A. One class of security to be provided by Builder, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Builder's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. The performance security shall also include good and sufficient security in the amount of one hundred percent (100%) of the estimated cost of setting subdivision monuments as stated hereafter in this Agreement ("Monumentation Security"). A second class of security to be provided by Builder, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Builder, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Builder shall furnish performance and payment security prior to and as a condition precedent to City Council approval of the Map. Builder shall provide warranty security after Improvements are complete and prior to the City Council acceptance of the Improvements. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. Improvement security shall conform with Section 66499 of the California Government Code ang may be one or more of the following: I 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Governmenl Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "II or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). gap �W �21 I 9) A lien upon the subdivided property, if City finds that it would not be in the public interest require the installation of the Improvements sooner than two (2) years after recordation of t final map or Tract map for which the Improvements are required. The lien shall provide collateral value of three (3) times the estimated cost of the Improvements and shall inclu the power of sale of the real property, all buildings and improvements thereon, or that may erected upon or made thereto, together with all hereditaments and appurtenances thereun. belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, a profits thereof. The collateral value of the property shall be established at Builder's expen through an appraisal approved by City. 2 of 9 72 6) An instrument of credit from an agency of the state, federal or local government, when a agency of the state, federal, or local government provides at least twenty percent (20%) the financing • the Improvements. C. All securities shall be furnished in accordance with the provisions of • A. The amount • t performance security shall equal one hundred percent (100%) of the estimated cost constructing the Improvements, including payment ■ plan check and permit fees, as estimated the City Engineer or a duly authorized representative of the City Engineer. The amount Payment security shall `• the amount • the amount • i'• security, except otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty securi shall equal Ten Percent (110%) of the amount of performance security for the Improvements in t amount of $206,764. The securities required by this Agreement shall be kept on file with the Ci Clerk, The terms of the security documents specified in this Agreement are incorporated into t Agreement by this reference. If any security is replaced by another approved security, t replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have be made a part of and incorporated into this Agreement. Upon filing of a replacement security wi the City Clerk, the former security may be released. The City Engineer shall approve replacerne of security. D. At the time of submittal of security, Builder shall pay to City administrative fees applicable to t form of security provided. The fees shall be paid separately for each different form and/or sour (surety or financial institution) of security initially submitted and for substitution of securities b 3 shall not be required for submittal of warranty security if the warranty security is of the same fo and from the same source as the performance security it replaces. Administrative fees fl. security shall •' as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars Ei. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatoj�] Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Builder, or until Builder pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Builder of Builder's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement. 3uF9 73 .1 Permits Required. Prior to commencing any phase of work, Builder shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. pMill Im- 411612 !WDj 409 74 modifications in the standards or sequencing of the Improvements in response to changes 2 standards or conditions affecting or affected by the Improvements. Said failure shall not otherwi affect the validity of this agreement or Builder's obligations hereunder. I 1W 911111101 WIN WIN i I ant acce�meiq, #J' Irle t�,Iljr as aesulDeU III f-alaglapri Ilf 0 -1, -e -U FJT� *T of plan check, inspection and certification. 7. Force Maieure. In the event that Builder is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Builder's control, the time limits for obligations affected by such events will be extended • the period • such events. 8. Time Extension. Builder may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions • this Agreement. As a condition of the time extension, Builder shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the VV-Qy4t�" incomplete at the time of the extension, and to provide warranty security on completed Improvements. 10. Final Acceptance of Irngrovements. At the completion of construction and prior to acceptance of the Improvements by City, Builder shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Builder's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. 11. lniuty to Improvements. Until such time as the Improvements are accepted by City in accordance with Paragraph 10, Builder shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. Until such time as all Improvements required by this Agreement are fully completed and accepted by City, Builder will be responsible for the care, maintenance of, and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by Builder, 75 12. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Builder shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 114111MI, 111111111W, 11 W11 W, - - ---- ----- 17. Indemnification. a. Neither City nor any and all of its officials, employees and agents ("Indemnified Parties") shall be liable for any injury to persons or property occasioned by reason of the acts or omissions of Builder, its agents or employees in the performance of this Agreement, Builder further agrees to protect and hold harmless Indemnified Parties • any and all claims, demands, causes of action, liability or loss of any sort, including, but not limited to, attorney fees and litigation expenses, because of, or arising out of, acts or omissions of Builder, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design of construction • the Improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. 6 of 9 76 inspecting any work or construction. The Improvement Security shall not be required to cover the provisions of this paragraph. 18. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 19. Severability. In the event that a court of competent jurisdiction determines that any provision or provisions of this Agreement are unenforceable, all provisions not so held shall remain in full force and effect. 20. Builder No Agent of City. Neither Builder nor any of Builder's agents, employees, or contractors are or shall be considered to be agents of City in connection with the performance of Builder's obligations under this Agreement. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. 7 of 9 77 F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. G. Time is of the essence in the performance of each and every provision of this Agreement. H. The Recitals to this Agreement are hereby incorporated into and expressly made a part of the terms of this Agreement. 1. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Frank J. Spevacek, City Manager Date Susan Maysels, City Clerk Date Lennar, Inland Region 980 Montecito Drive, Suite 302 Corona, CA 92879 951-81 By:_f v,;)ate Title, r-M By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney X= am 8 of 9 78 Exhibit SECURITY —TRACT MAP i . 32879 iIMPROVEMENTS • ` - i •- r r- - -• i !� ! r • Labor & materials security shall remain in place until 90 days after all required Tract improvements are complete ar accepted by i.... Improvement Description Performance Labor & Materials Ave 54 Parkway Landscaping 201,60 $ 201,680 Parkway Landscping at Mery Griffin Estates 12,584 $ 123,58 Trail Light Bollards $ 7,940 $ 7,940 oocrete Fence with Colums 18,300 $ 18,300 Sidewalk 3,400 $ 43,00 Trail $ 92,0 $ 92,250 S P / PM-1 0 25,000 $ 25,000 Traffic Signal at Ave 54 and Madison (25%®) 107,500 $ 107,500 Totals 619,654 $ 619,65 Standard 10% Contingency 61,965 $ 61,965 Professional Fees, Design 5% $ 30,984 30,984 Professional Fees, Const 10% $ 61,965 $ 61,965 Bond Amount $ 774,568 $ 774,568 90(9 79 80 TitY 4 4 a" CITY / SA / HA / FA MEETING DATE: November 19, 2013 ITEM TITLE: ACCEPT SILVERROCK RESORT PARKING LOT AMERICANS WITH DISABILITIES ACT IMPROVEMENTS RECOMMENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 4 STUDY SESSION: PUBLIC HEARING: Accept the SilverRock Resort Parking Lot Americans with Disabilities Act Improvements Project as 100 percent complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorize staff to release retention in the amount of $2,395 thirty-five days after the Notice of Completion is recorded. EXECUTIVE SUMMARY: • The parking lot at the SilverRock Temporary Clubhouse (Attachment 1) required additional disabled parking to comply with the Americans with Disabilities Act (ADA). • The project entailed reconfiguring existing parking stalls and curb ramps in order to bring this facility into ADA compliance. • The work has been completed and inspected. In order to complete the contract and allow final payment to the contractor, staff is requesting that City Council accept the improvements. FISCAL IMPACT: The following is the final accounting for this project: Original Contract Amount $ 45,912 Contract Change Order No. 1 $ 1,990 New Contract Total $ 47,902 Amount Billed to Date ($24,639) Total Retention to be Released ($ 2,395) Amount Remaining to be Billed $ 20,868 81 Adequate funding exists to close this project out. BACKGROUND/ANALYSIS: The number of existing ADA-compliant parking stalls at SilverRock Resort did not meet standards based on the total number of parking spaces. The work included reconfiguring six of the existing regular stalls in order to provide three additional ADA-compliant parking stalls. This involved reworking the accessible curb ramps, signing and striping the new stalls, and minor grading that addressed non ADA- compliant cross slopes within the new stalls. On August 8, 2013, a Notice to Proceed was issued with a 30 working day contract completion time starting August 19, 2013. Contract Change Order No. 1 , was issued for additional work to remove and reconstruct one additional non- compliant curb ramp. The project was deemed substantially complete on September 30, 2013. Per project specifications, no liquidated damages or early completion incentives are recommended. The project is now 100 percent complete and is in compliance with the plans and specifications. Staff therefore recommends acceptance of the project and release of the retention 35 days after the Notice of Completion is recorded. ALTERNATIVES: Since the project has been inspected and found to be in conformance with the plans and specifications, 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 Public Works Director/City Engineer Attachment: 1. Vicinity Map 82 ATTACHMENT 1 ADA PARKING STALL IMPROVEMENTS VICINITY MAP Not to Scale CITY COUNCIL MEETING: November 19, 2013 ITEM TITLE: ACCEPT SILVERROCK RESORT PARKING LOTAMERICANS WITH DISABILITIES ACT IMPROVEMENTS DEPT. DIRECTOR: Timothy R. Jonasson, P.E., Public Works Director/City Engineer STAFF CONTACT: Bryan McKinney, P.E., Principal Engineer 83 84 Tihf 4 4 a" CITY / SA / HA / FA MEETING DATE: November 19, 2013 ITEM TITLE: ACCEPT CALLE SINALOA AND AVENUE 52 SIDEWALK INFILL IMPROVEMENTS RECOMMENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 5 STUDY SESSION: PUBLIC HEARING: Accept the Calle Sinaloa and Avenue 52 Sidewalk Infill Improvements Project as 100 percent complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorize staff to release retention in the amount of $7,318 thirty five days after the Notice of Completion is recorded. EXECUTIVE SUMMARY: • The City's Community Development Block Grant (CDBG) funds are designated for improvements that benefit low- and moderate -income residents within the La Quinta Village and the immediate vicinity. • This project entailed installing sidewalks on Calle Sinaloa and Avenue 52, between Eisenhower Drive and Desert Club Drive (Attachment 1). It provided an additional route from the Cove to the schools north of Calle Tampico. • In order to complete the contract and allow final payment to the contractor, staff is requesting that City Council accept the improvements. FISCAL IMPACT: The following is the final accounting for this project: Original Contract Amount $ 138,126 Contract Change Order No. 1 $ 8,235 New Contract Total $ 146,361 Amount Billed to Date ($ 131 ,220) 85 Total Retention to be Released Amount Remaining to be Billed ($ 7,318) $7,823 Adequate funding within the CDBG account exists for project close out. BACKGROUND/ANALYSIS: The Calle Sinaloa and Avenue 52 Sidewalk Infill Improvements, Project No. 2012- 08, are being financed with CDBG funds from the United States Department of Housing and Urban Development. The improvements included constructing sidewalk at the back of curb, installing new Americans with Disabilities Act (ADA) compliant curb ramps, and upgrading existing curb ramps and driveways to current ADA standards. All improvements were constructed within the City's existing right-of-way along the north and south sides of Calle Sinaloa and Avenue 52 between Eisenhower Drive and Desert Club Drive. On July 18, 2013, a Notice to Proceed was issued with a 30 working day contract completion time starting July 29, 2013. Contract Change Order No. 1, was issued to adjust final quantities from the engineer's estimate to those actually installed with the project. The project was deemed substantially complete on September 27, 2013. Per the project specifications, no liquidated damages or early completion incentives are recommended. The project's construction is now 100 percent complete and is in compliance with the plans and specifications. Staff therefore recommends acceptance of the project and release of the retention 35 days after the Notice of Completion is recorded. ALTERNATIVES: Since the project has been constructed and reviewed for conformance to the plans and specifications, staff does not recommend any alternatives. Report prepared by: Bryan McKinney, Principal Engineer Report approved for submission by: Timothy R. Jonasson Public Works Director/City Engineer Attachment: 1. Vicinity Map of Improvements ATTACHMENT 1 SIDEWALK IMPROVEMENTS LA QUINTA LA QUINTA LIBRARY CITY HALL LA QUINTA SENIOR CENTER LQ CORP. YARD VICINITY MAP Not to Scale CITY COUNCIL MEETING: November 19, 2013 ITEM TITLE: ACCEPT CALLE SINALOA AND AVENUE 52 SIDEWALK INFILL IMPROVEMENTS DEPT. DIRECTOR: Timothy R. Jonasson, P.E., Public Works Director/City Engineer STAFF CONTACT: Bryan McKinney, P.E., Principal Engineer 87 88 � o� V sy 5. c�tit OF CITY / SA / HA / FA MEETING DATE: November 19, 2013 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: ACCEPT ON -SITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP NO. 31202-3, CONSENT CALENDAR: 6 RANCHO SANTANA STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Accept the on -site improvements associated with Tract Map No. 31 202-3, Rancho Santana, and authorize staff to release the performance security. EXECUTIVE SUMMARY: • Rancho Santana is a residential development located south of Avenue 52 and west of Monroe Street (Attachment 1). • The developer, Oak Tree Industries, Inc., has completed all obligations of the On -site Subdivision Improvement Agreement and has requested release of the performance security. • Staff has verified satisfactory completion of these improvements and recommends acceptance of the on -site improvements. FISCAL IMPACT: None. BACKGROUND/ANALYSIS: The developer of Rancho Santana has completed all on -site improvements required as conditions of Tract Map No. 31202-3. The on -site improvements include asphalt concrete pavement, curb and gutter, curb ramps, sidewalk, storm drain, catch basins, potable water and sewer improvements, dry utilities, landscaping, signing, striping, and survey monumentation. No off -site improvements were 89 required as part of this phase of the project. Staff has inspected the improvements and verified that they meet City standards. ALTERNATIVES: Acceptance of these improvements is a ministerial action necessary for the release of the on -site improvement security. Since the improvements have been inspected and found to meet City standards, staff does not recommend any alternatives. 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 Attachment: 1. Vicinity Map ATTACHMENT 1 TM 31202-3 RANCHO SANTANA HWY 111 HWY 111 DR. CARREON BLVD cy- AVENUE 48TH w a ui of w AVENUE 50TH o z O u z o � Ld w O U AVENUE 52ND SITE. AVENUE 54TH VICINITY MAP NOT TO SCALE psi rya TitY 4 4 a" CITY / SA / HA / FA MEETING DATE: November 19, 2013 ITEM TITLE: APPROVE CONTRACT CHANGE ORDER NO. 1 AND ACCEPT SILVERROCK IRRIGATION RELOCATION IMPROVEMENTS RECOMMENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 7 STUDY SESSION: PUBLIC HEARING: Approve Contract Change Order No. 1; accept the SilverRock Irrigation Relocation Improvements Project as 100 percent complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorize staff to release retention in the amount of $26,104, thirty-five days after the Notice of Completion is recorded. EXECUTIVE SUMMARY: • In order to restore capacity to the Coachella Canal within the SilverRock Resort, the Coachella Valley Water District (CVWD) will be constructing a parallel canal just west of the existing canal starting May 1, 2014 (Attachment 1). • In accordance with the license agreement with the United States Bureau of Reclamation (USBOR) for construction of the Arnold Palmer Course at SilverRock Resort, the City is required to relocate and/or modify golf improvements including irrigation lines that conflict with the CVWD's parallel canal project. • The City hired a contractor to perform the irrigation line relocation, which has been completed and is now ready for acceptance. City Council acceptance will allow final payment and close out of the project to occur. FISCAL IMPACT: The following is the final accounting for this project: IM Original Project Budget $ 491,584 Original Construction Contract Amount $ 387,884 Contract Change Order No. 1 $134,185 Design/Technical/Testing Amount $ 6,181 Remaining Project Budget $(36,666) New Construction Contract Total $ 522,069 Amount Billed to Date ($258,532) Total Retention to be Released ($ 26,104) Amount Remaining to be Billed $ 237,433 Adequate funding for the additional $36,666 was previously approved from General Fund Reserves. No additional allocation is necessary in order to close out this project. BACKGROUND/ANALYSIS: In order to accommodate the new canal section while still providing irrigation to the Palmer Course during construction, the City was required to relocate and/or modify the golf course irrigation lines and conflicting golf course improvements within the USBOR right-of-way prior to CVWD constructing the new canal. Since the canal project is scheduled to start May 1, 2014, the City's project had to be completed in coordination with the golf course operator's over seeding schedule this October. By expediting this work, the Palmer Course was able to reopen on November 6, 2013 and will be able to stay open until May 1, 2014, thereby preserving golf course revenue through the high season. On August 13, 2013, a Notice to Proceed was issued with a 40 calendar day contract completion time starting August 19, 2013. Once the existing irrigation system was exposed, it was discovered that the contractor would have to perform additional work due to omissions on the as -built irrigation plans. Specifically, Contract Change Order No. 1 was necessary to address the following additional work items (Attachment 2): • Installation of additional steel casing under the canal; • Relocation of a lake supply pipe line, electrical line, and valves that were not originally identified on the plans; • Substitution of high -density polyethylene pipe for polyvinyl chloride pipe to match existing pipe; and • Relocation of the golf cart path that was inside the BOR right-of-way. The project was deemed substantially complete on September 27, 2013. Per project specifications, no liquidated damages or early completion incentives are recommended. ALTERNATIVES: As construction is now 100 percent complete and in compliance with the plans and specifications, staff does not recommended an alternative. Report prepared by: Bryan McKinney, Principal Engineer Report approved for submission by: Timothy R. Jonasson, P.E. Public Works Director/City Engineer Attachments: 1. Vicinity Map 2. Contract Change Order No. 1 117 FIl COACHELLA CANAL LEGEND ATTACHMENT 1 NON -SUBSIDED CANAL SECTION EEM NON -SUBSIDED CANAL SECTION ATTACHMENT 2 r° + CONTRACTOR: 1 & J GolfConstruction, i ve.i Moreno Valley, Ca. 92551 CONTRACT CHANGE ORDER general conditions, and special provisionsof the original Contract, DESCRIPTION OF CHANGE This Contract Change Order allows for installation and relocation of additional irrigation lines and valves. ■ This Contract Change Order allows for a Quantity Adjustment between the Bid Quantities and the Actual Quantities Total $ 31,542.70 Original Contract Amount $3 7,884.0 Add This Change Order No. I S 134,184.69 Revised Contract Total $ 522,068.69 revised By reason of this contract change order the time of completion is adjusted as follows: -0- days added/deleted to contract time. The contract completiondate shall1 Submitted : ❑ate: Approved : ate: Ji ji.ige jigosed and hereb; airei if this iriwal is approved, that we will Contractor:4:�Z� I Dat T \ENGINEERING SP.RVICES DIVISION (CIP)WROIECTSt2_ CONSTRUCTION\2013.06 SILVERROCK IRRI©ATION RFLOCATION IMPSTONSTRUCTIONTROORPS5 PAYMENT'S &99 CCO`B1CCO HI DOC revised By reason of this contract change order the time of completion is adjusted as follows: -0- days added/deleted to contract time. The contract completiondate shall1 Submitted : ❑ate: Approved : ate: Ji ji.ige jigosed and hereb; airei if this iriwal is approved, that we will Contractor:4:�Z� I Dat T \ENGINEERING SP.RVICES DIVISION (CIP)WROIECTSt2_ CONSTRUCTION\2013.06 SILVERROCK IRRI©ATION RFLOCATION IMPSTONSTRUCTIONTROORPS5 PAYMENT'S &99 CCO`B1CCO HI DOC ATTACHMENT 2 CITY OF LA QUINTA SILVERROCK IRRIGATION RELOCATION IMPROVEMENT CI P PROJECT NO. 2013-06 Final Quantity Adjustment Comparison Base 614 Area No 1 5 Bid Quandt Extended Item No. ❑escnpilon Unit old at unil Price Flew Total . Quan N Unit Price Price en Coal Differce I Site Mobilization LS I S25,262-00 1 $25.292.00 $26262,00 525262.00 2 Dust CDI)Irol LS 1 $110.236.00 1 $10,236.00 $10 23&00 $10.236-00 3 inigation System CoffiPlcle in Plac'O. pet the Plena and Sleclilcallons LS 1 $261264.00 $262,264,00 $26Z264= $262 7134.OD S0,00 4 Caning], I a[L. oxcavailDn, a norl ng, Da CWill find cxn%1Paction LF 900 $450.61 270 S12i,66430 $450.61 S00,122O0 931.542.70 AOA 7n 5357.E04.00 $31,542.70 i [1111f ATTACHMENT 2 CHANGE ORDER +' Orders r to CONTRACT #: SilverRock Resort Golf Course / No. 2013-06 SilverRock Irrigation3 • rImprovements PROJECT: SILVECK RESORT GOLF COURSE r. Willie Lopez 79-179 Ahmanson Lane La Quinta, CA 92553 91-966-1722 : City of La Quinta Fill 1 IRIS AVE SUITE 13A-339 MORENO VALLEY, CA 92SSI 4 FAX 1. CHANGE .r • • r r. PIPE INSTALLATION IN LIEUOF .. 2. CHANGE ORDER No.r ir, ORDER1 CHANGE • LAKE LINE RELOCATION i CHANGE ORDER No. 5: 360 ELECTRICAL POWER LINE AND CONDUIT REPLACEMENT $14,841.66 CHANGE4. •M i (CONCRETE) RELOCATION S. ORDER No • CART-PATH $29,647.51 6. CHANGE ORDER No. 7: DUST CONTROLEXTENDED SERVICE $5,118.00 REQUESTED '• r i ' ` i.... r • ' i TOTAL COST OF THESE CHANGE ORDERS: $102,641.99 The new Contract Sum including this change order will be... ....... .. _...... 2, The contract time will be (increased) by - .................................................... (0) Calendar days It Is mutually agreed that the contract price is decreased by the total change order amount payable upon completion of the work called for in this change order. This change order is Incorporated into and governed by the above mentioned contract and Is incorporated therein. 10/17/2013 C J Golf Construction. Inc. Date `tell T4hf 4 4 a" CITY / SA / HA / FA MEETING DATE: November 19, 2013 ITEM TITLE: APPROPRIATE FUNDS AND AWARD CONTRACT TO NEW CONSTRUCTION SOLUTIONS TO CONSTRUCT CITY HALL LIGHTING CONVERSION PROJECT RECOMMENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 8 STUDY SESSION: PUBLIC HEARING: Appropriate funds and award a contract to New Construction Solutions, in the amount of $125,000, to construct the City Hall Lighting Conversion Project. EXECUTIVE SUMMARY: • As part of energy saving upgrades to City Hall, the City advertised for bids a project to convert fluorescent lights in City Hall to Light Emitting Diode (LED) lighting. • New Construction Solutions, a La Quinta Construction Company, submitted the lowest bid in the amount of $125,000. • Imperial Irrigation District (IID) has reserved $22,924 in rebates for the project if completed by December 31, 2013; therefore, staff recommends award of this project in order to receive the full rebate. FISCAL IMPACT: The construction cost for this project is $125,000. A total project cost of $142,047 is allocated for the conversion including design, inspection and administration. IID has committed $22,924 in rebates to the City, which will lower the City's share of the project cost to $119,123. Funding for this project is available in the Building Equipment Replacement Fund. Conversion from fluorescent to LED lighting will reduce future electrical costs with an estimated return on investment of approximately 28 months. fNIC? BACKGROUND/ANALYSIS: Based on a recent energy assessment, the City will save 83 percent of its lighting costs by converting City Hall interior lighting fixtures from fluorescent to LED. This will provide an annual estimated savings of $33,892, which would result in the City recovering its capital investment in approximately 28 months. Additionally, IID is offering a rebate of $22,924, provided the City completes its lighting conversion project prior to January 1, 2014. To that end, on September 17, 2013, the City Council approved the plans and specifications for advertisement for bids for the City Hall Lighting Conversion Project, Project No. 2013-14. On October 17, 2013, three bids were received (a detailed bid comparison summary is provided as Attachment 1). The lowest bidder, South Valley Electric, submitted a bid of $109,500, but was considered non -responsive because they did not possess the required Class B General Construction License. The second lowest bidder, New Construction Solutions, submitted the lowest responsive bid in the amount of $125,000. The third bidder, St. Thomas Enterprises, Inc., submitted a letter challenging the award to New Construction Solutions based on a technicality in their bid. This claim was reviewed by the City Attorney and found immaterial to awarding the contract to New Construction Solutions. Contingent upon City Council's approval to award a contract on November 19, 2013, the following is the anticipated project schedule: Project Award Sign Contract/Mobilize Construction (30 Working Days) Accept Improvements ALTERNATIVES: November 19, 2013 November 20 - December 2, 2013 December 2013 - January 2014 January 2014 Time is of the essence for the City to take advantage of the IID rebate; therefore, no alternative actions are recommended. Report prepared by: Bryan McKinney, Principal Engineer Report approved for submission by: Timothy R. Jonasson, P.E. Public Works Director/City Engineer Attachment: 1. Bid Comparison Summary ATTACHMENT C O m 000 � a 00 C v 0 0 0 m a r00 O Ln O W c ci in � O O O V O m M ++ O � c•I N U i? O O N O O +C' V OO 't G ++ O W •� c-I c-I � � � O to £ V } ip W VI c N N C t O C O W n C > > O O G. O C] V C � d 0 � Y t O 'y f0 J — N � O 21 +T+ C y � N `N10 f[NI+: `mod' 4 .(%au[nf°' CITY / SA / HA / FA MEETING DATE: November 19, 2013 ITEM TITLE: EXCUSE LAWRENCE'S ABSENCE 2013, COMMUNITY MEETING COMMISSIONER MICHELE FROM THE NOVEMBER 4, SERVICES COMMISSION RECOMMENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 9 STUDY SESSION: PUBLIC HEARING: Approve Commissioner Michelle Lawrence's absence from the November 4, 2013, Community Services Commission meeting. BACKGROUND/ANALYSIS: Commissioner Lawrence requested to be excused from the November 4, 2013, Community Services Commission meeting due to work. The La Quinta Municipal Code allows 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. Commissioner Lawrence has had one other absence during her Commission term and staff recommends her absence be excused by Council. ALTERNATIVES: Deny Commissioner Lawrence's request to be excused. Denial of the request would result in the absence being counted toward her limitation on absences as noted above. Report prepared by: Edie Hylton, Community Services Director Report approved for submission by: Frank J. Spevacek, City Manager AGENDA CATEGORY: CITY / SA / HA / FA MEETING DATE: November 19, 2013 BUSINESS SESSION: ITEM TITLE: EXCUSE BOARD MEMBER DAVID PARK'S ABSENCE FROM THE OCTOBER 9, 2013 CONSENT CALENDAR: 10 INVESTMENT ADVISORY BOARD MEETING STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Approve a request from Board Member Park to be excused from the October 9, 2013 Investment Advisory Board meeting. BACKGROUND/ANALYSIS: Board Member Park requested to be excused from the October 9, 2013, Investment Advisory Board meeting due to medical reasons. The La Quinta Municipal Code provides that: "A board or commission member may request advance permission from the City Council to be absent at one or more regular meetings due to extenuating circumstances, and/or may request the City Council to excuse an absence after -the -fact where such extenuating circumstances prevented the member from seeking advance permission to be absent." If such permission or excuse is granted by the City Council, the absence shall not be counted toward the above -stated limitations. ALTERNATIVES: Deny Board Member Park'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: Robbeyn Bird, Finance Director Report approved for submission by: Frank J. Spevacek, City Manager `[$ ffi[t Tjhf 4 4 a" CITY / SA / HA / FA MEETING DATE: November 19, 2013 ITEM TITLE: APPROVE PROFESSIONAL SERVICES AGREEMENT WITH DUDEK TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR WASHINGTON STREET REHABILITATION IMPROVEMENTS RECOMMENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 11 STUDY SESSION: PUBLIC HEARING: Approve a professional services agreement with Dudek, in the amount of $34,384, to provide professional engineering services for the Washington Street Rehabilitation Improvements project. EXECUTIVE SUMMARY: • Washington Street from Calle Tampico to Avenue 52 was found to be in need of rehabilitation in the latest Pavement Management Program (PMP), which was included in the Fiscal Year 2013/2014 Capital Improvement Program (CIP) (Attachment 1). • Approval of the attached professional services agreement (PSA) between the City and Dudek (Attachment 2) will initiate the engineering/design phase of this project. • Staff recommends approval of the design PSA so that the street rehabilitation can be designed and constructed by October 2014. FISCAL IMPACT: This action will result in a PSA for design services at a not -to -exceed cost of $34,384. Funding was previously approved for the design and construction of this project in the Fiscal Year 2013/2014 CIP for PMP Street Improvements. Additionally, the City was successful in obtaining $249,507 from the Riverside County Transportation Commission's 2013 STP Call for Projects for this project. "`i BACKGROUND/ANALYSIS: A PMP Update Report, dated August 2012, provided an inventory of City roadways including current conditions, roadway preservation needs, and a roadway improvement funding schedule. The rehabilitation of Washington Street between Calle Tampico and Avenue 52 was listed as a priority improvement. On May 7, 2013, after a formal call for proposals, the City Council approved a PSA for Dudek to perform engineering services for five streets identified in the PMP Update Report. The Washington Street segment was nominated by City Council to receive Federal Map 21 funding through Riverside County Transportation Commission. Due to the additional requirements of federal funds, it was recommended that staff submit a separate PSA with Dudek for this segment. Staff therefore recommends Dudek, a qualified local engineering consultant, be retained for the Washington Street Rehabilitation Improvements, City Project No. 2012-07, Federal Project No. STPL-5433(016). Contingent upon City Council approval of the attached design PSA with Dudek, the following is the expected project schedule: City Council Authorization of PSA Authorization to Proceed Engineering Services Federal Fund Authorization Bidding Process Construction Accept Improvements ALTERNATIVES: November 19, 2013 November 20, 2013 November 2013 — March 2014 April — May 2014 June 2014 July — September 2014 October 2014 In order to minimize inconvenience to motorists, rehabilitation of this segment of Washington Street should be constructed before November 2014; therefore, staff does not recommend any alternatives. Report prepared by: Bryan McKinney, Principal Engineer Report approved for submission by: Timothy R. Jonasson, P.E. Public Works Director/City Engineer Attachments: 1 . Vicinity Map 2. Professional Services Agreement "vt CALLEOIZEiVSE ATTACHMENT 1 <q y Q`j,Nrq�R A rPE LARGO DR CALLE NORTE A GRAND TRAVERSE AVI= 14 -�P . Oy v O� Q C4 LASRq �FLA S DESERT FALL WAY SPRINGTIME WAY 2 O h Q 54 O LIBRARY U SENIOR W CENTER W O CALLE ESTADO ¢ g g y O Z O 2 M CALLE CADIZ LU W O J J U U W Q BNA AR CALLE CALLE LA Q UINTA CITY HALL 4- t AVENIDA ULTIMO C4S74F1 iyFS01 TUJUNGA I O ENIDA ¢ I Ol n = � �N Pam- m 0 No Q � 9 O W O_ �(n G y Z� y O Q U O 3 O O BRECKENRIDGE DR ��NA O O O W _ PINA J U O Q g g O d U ¢ AVENIDA TORRES JLU Y W J ¢ V J U V J � DEACON DR E DEACON DR IN 2 O r- �0 PROPOSED STREET REHABILITATION IMPROVEMENTS PEERLESS PL VICINITY MAP Not to Scale CITY COUNCIL MEETING: November 19, 2013 wtQ c ITEM TITLE: APPROVE PROFESSIONAL SERVICES AGREEMENT WITH O� DUDEKTO PROVIDE PROFESSIONAL ENGINEERING 1z �1 SERVICES FOR WASHINGTON STREET REHABILITATION -� IMPROVEMENTS N DEPT. DIRECTOR: Timothy R. Jonasson, P.E., Public Works Director/City Engineer C� OFT19� STAFF CONTACT: Bryan McKinney, P.E., Principal Engineer 113 LIMA CITRUS ME ATTACHMENT 2 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and Dudek ("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 the Washington Street Improvements, between Calle Tampico and Avenue 52, City Project No. 2012-07, Federal Project Number: STPL 5433 (016), as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work and Standard of Work. a. Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses M or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. b. Standard of Work. Consultant acknowledges and understands that the services and work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's services and work will be held to a heightened standard of quality and workmanship. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the heightened standard of work as set forth in this Agreement. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services ("Additional Services") when directed to do so by the Contract Officer. Consultant shall not perform any Additional Services until receiving prior written authorization from the Contract Officer. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforeceable. Failure of Consultant to secure the Contract Manager's written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time due, whether by way of compensation, restitution, quantum meruit, etc. for Additional Services provided without the appropriate authorization from the Contract Manager. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.2 of this Agreement. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Thirty Four Thousand, Three Hundred Eighty Four Dollars ($34,384.00) (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 Last revised 9-4-13 2 ffib: if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Consultant's overall compensation shall not exceed the Contract Sum, except as provided in Section 1.6 of this Agreement, "Additional Services." 2.2 Compensation for Additional Services. Additional services approved in advance by the Contract Manager pursuant to Section 1.6 of this Agreement, "Additional Services," shall be paid for in an amount agreed to in writing by both City and Consultant in advance of the Additional Services being rendered by Consultant. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer. Any greater amount of compensation for additional services must be approved by the La Quinta City Council. Under no circumstances shall Consultant receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer pursuant to Section 1.6 of this Agreement. 2.3 Method of Billing. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit C (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Maieure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Last revised 9-4-13 3 ffrl 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 November 20, 2013 and terminate on December 1, 2014 (initial term). This agreement may be extended upon mutual agreement by both parties (extended term). 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Charles Greeley, P.E., LEED AP 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. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson, P.E., Public Works Director/City Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Last revised 9-4-13 4 imp. 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 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) Last revised 9-4-13 5 isR, Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to 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. Last revised 9-4-13 6 M 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 Last revised 9-4-13 7 Mi or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 9. Consultant agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 11. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. Last revised 9-4-13 8 iWA 14. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 17. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 18. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 19. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 20. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 21. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City 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 9-4-13 9 123 6.0 INDEMNIFICATION. 6.1 General Indemnification Provision. a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 6.2 Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from 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 Last revised 9-4-13 10 124 defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. a. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. b. Indemnification Provision for Design Professionals. 1. Applicability of Section 6.2(b). Notwithstanding Section 6.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and City's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section 6.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. 7.0 RECORDS AND REPORTS. 7.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 7.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records Last revised 9-4-13 11 M pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the contract pursuant to Government Code 8546.7; Consultant, subconsultants, and City shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. The state, State Auditor, City, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of Consultant that are pertinent to the contract for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested Subcontracts in excess of $25,000 shall contain this provision. 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 9-4-13 12 iKV, 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 Last revised 9-4-13 13 127 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. 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 Last revised 9-4-13 14 128 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: Dudek Attention: Frank J. Dudek, P. E. President 605 3rd Street Encinitas, CA 92024 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. Last revised 9-4-13 15 fW IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. Frank J. Spevacek, City Manager D Susan Maysels, Interim City Clerk Date: i Ypddek P.9. 1-91ent Last revised 94-13 16 Wit Exhibit A Scope of Services The Consultant's Scope of Work, dated November 20, 2013, is attached and made a part herewith. Last revised 9-4-13 17 131 1.1 Preliminary Engineering & Studies PROJECT MEETINGS We will meet with City staff during the development of the design and specifically request meetings at 85% completion and 100% completion. At the 85% completion meeting, we request a field inspection with draft plans in hand. At this meeting, any special construction or conflicts will be discussed. BASE MAP PREPARATION With the proposed improvements anticipated to only include asphalt rehabilitation, a traditionally acquired topographic survey (field data and/or aerial photogrammetry) should not be required for development of a project base map. Vertical control will be established based upon existing conditions in the field (top of curb, flown lines, edge of gutter, etc.) Accordingly, Dudek proposes to utilize simple line diagram base map information, showing existing location of surface features (curb, cross gutters, utilities, etc.) that will impact the project. The base map information will be plotted using any available record drawings (as-builts) and aerial imagery from online resources such as Google Earth. Note, if the City has access to alternate topographic data sources, ie. CVAG aerial imagery or topo, these can also be incorporated into the project base map. Following preparation of the initial base map, a Dudek engineer will walk the full alignment to confirm the accuracy of the data. Any field observations or discrepancies will be incorporated into the basemap data. Using the digital and field verified information, Dudek will prepare a final base map for the project area in AutoCAD 2010 format. The base map will include all above ground utilities (manholes, valves, meters, etc.) and surface features. The base map will form the basis for the preparation of all plan sheets at a scale of I "=40' for the following area: 1 Washington Street Calle Tampico Avenue 52' E TECHNICAL INVESTIGATION I ENGINEERING PAVEMENT ANALYSIS REPORT Dudek will contract with Geocon West (Geocon) for preparation of the Engineering Pavement Analysis Report and Geotechnical Investigation. Geocon will perform coring samples within the proposed improvement corridor using a truck mounted drill rig. Approximately 7 (seven) core samples will be taken through the asphalt and base materials to subgrade. In the event the subgrade soils appear to be loose, or otherwise insufficient a California ring sample of the soil will be collected for laboratory testing. R-values of the subgrade soils will be collected on each roadway. The bores will be backfilled with sand and capped within the base and paving zone with cold -patch asphalt. Concurrent with the field investigation and coring activities, Geocon staff will note the pavement conditions in the vicinity of each bore location, describing the distress, measured offsets, depths, spalling, etc. A report will be prepared providing tabulated information of boring location, thickness of asphalt and base, condition of subgrade, condition of asphalt, any samples collected, and laboratory test data, description of roadway distress, severity, and additional comments. The report will also include a discussion of various rehabilitation methods that could be utilized for the roadways, including complete reconstruction, cold mill 49YA and overlay, and slurry seal. These methods will be discussed for applicability in various sections of the roadway depending upon the conditions identified during the field investigation. In addition to the scope description above, Geocon's investigation and report will include the following: • Mark the proposed coring locations and notify Underground Service Alert (USA) to locate and mark all utilities in the proposed investigation area. Further, the Client/City should provide plans or field locations of existing subsurface utilities prior to our exploration. • Obtain a no fee encroachment permit from the City of La Quinta for the work. • A bulk soil sample will be collected of subgrade soils within each roadway (total of 6). • Implement moving traffic control with the drill rig and the follow up truck during the coring and sampling process. • Perform laboratory testing which is anticipated to include: R-value, and in -situ moisture and density determination. The final laboratory testing program will be based on our observations during the field exploration. UTILITY COORDINATION Using available utility maps obtained from utilities servicing the project area, Dudek will locate and plot the locations of existing utilities and points of connection. Utility agencies and companies will be contacted to determine if they have any plans to construct new or upgraded facilities in the future. Any planned utility upgrades will be plotted and identified as future facilities. Utilities that will require relocation as part of the improvements will be noted on the base map and within the final improvement plans. All existing surface features (manholes, valves, etc.) that may impact the project or require improvements (adjust to grade, install new collars, etc.) will be field identified, plotted on the project base map, and accounted for in the final design documents. Overhead utilities that may impede the project area will be plotted and noted on the plans as "caution, overhead utilities." 1.2 Environmental V PRELIMINARY ENVIRONMENTAL STUDY (PES) FORM Dudek would prepare the Preliminary Environmental Study (PES) Form for the proposed Washington Street Rehabilitation Project. Dudek will fill out this form following the instructions outlined in the Local Assistance Procedures Manual, Exhibit 6-B. This work would entail filling out all information on the form and providing a supplement to the form that explains the rationale for conclusions related to each environmental inquiry. The form will be supported by tabulated and mapped information, including information provided by the engineering team (purpose and need, earth moving quantities, construction details, etc.). Dudek's scope of work assumes that the project has been assigned a Federal Project Number and the City will provide this number to Dudek for reference in the form. Because of the developed nature of the project site and scale and location of the project, we assume that no environmental issue areas will be required to be analyzed in standalone technical studies or reports except for an ISA and NES-MI. Dudek is assuming no site visit is necessary. Dudek also assumes that the Historical Properties Survey Report (HPSR) will be generated by Caltrans staff. Dudek assumes that the project is exempt from conformity requirements. Air quality emission calculations are not assumed to be necessary. Dudek would prepare the checklist and the attachment and then submit the digital files to the City for review. Due to the developed nature of the site, and for budgeting purposes, Dudek assumes 16 hours of staff time to prepare the PES form, 5 hours of senior review and 3 hours of administrative editorial/formatting/document assembly time. Dudek would then incorporate any comments from the City 133 and provide a finalized copy to Caltrans to review. For budgeting purposes, it is assumed that 5 copies are distributed to Caltrans/the City. Further, Dudek assumes that Caltrans staff will review the document and then provide comments. Dudek will then incorporate the comments and resubmit to Caltrans for final processing. Therefore, Dudek assumes one round of review by Caltrans staff. HAZARDOUS WASTE INITIAL- SITE ASSESSMENT (ISA) FORM Dudek will prepare an Initial Site Assessment (ISA) checklist to identify potential hazardous waste involvement within or adjacent to the site. The ISA checklist will be prepared in accordance with the California Department of Transportation (Caltrans) guidance. The ISA checklist will be prepared by or under the supervision of a Professional Engineer or Professional Geologist licensed in California. The ISA checklist will reference a Phase I ISA report, to be included as an attachment to the checklist. The ISA report will include a review of a computerized database search of regulatory agency records to see if there are currently, or were previously, any reports of hazardous materials contamination or usage at the site or contamination at other sites within the search radius. The ISA will be conducted in accordance with ASTM Standard E 1527-05. The ISA report will also include a review of appropriate regulatory agency files, and a review of historical aerial photographs and topographic maps. A review of available Sanborn fire insurance maps and City Directory listings, an interview, and a site inspection are not anticipated to be required and are not included in our scope of work. If the findings of the ISA indicate a potential impact of hazardous wastes or materials on the subject property, the report will also contain recommendations for further work related to additional sampling, mitigation, and/or human health risk analyses. NATURAL ENVIRONMENTAL STUDYMINIMAL IMPACT (E - 1) Under this task, a Dudek biologist experienced in the preparation of Caltrans biological resource documents will prepare a Natural Environmental Study - Minimal Impacts (NES-MI) following the current Caltrans Standard Environmental Reference (SER) and SER NES-MI template. Dudek staff will review the California Natural Diversity Database (CNDDB) in relation to the project and perform an office -based evaluation of the potential biological resources present onsite. Due to the lack of existing biological resources, a site visit and vegetation mapping would not be prepared. In accordance with the Caltrans SER guidelines, Dudek will note that a site reconnaissance was not conducted during preparation of the NES-MI. A NES-MI is often prepared for projects having minimal environmental effects where simple avoidance/minimization measures can be proposed to reduce or avoid potential impacts altogether. Compensatory mitigation, if proposed, must be minimal. The NES-MI will include the following information: a detailed project description and history including a project purpose and need statement; a description of the project location and biological setting; a discussion of the methodology and adequacy including personnel; a description of the resources evaluated including vegetation communities and sensitive biological resources that could potentially occur onsite as well as a cursory discussion of relevant laws, regulations, permits and other natural resource considerations (i.e., nesting birds and Executive Order 131 12 regarding the preventative spread of invasive species); a discussion of proposed impacts, including an assessment of the significance of impacts; and a discussion of avoidance and minimization measures. Due to the lack of anticipated biological resources, Dudek is assuming that a discussion of applicability with conservation policies will not be necessary. Proposed mitigation requirements for potential impacts to sensitive resources will be discussed in terms of city, state and federal laws and 134 guidelines. Graphics will be prepared to illustrate the project location, the existing biological conditions and the proposed project impacts. CATEGORICAL EXCLUSION FORM After Caltrans' reviews the PES Form, Dudek will use the current CE form found on Caltrans Standard Environmental References (SER) website which would conform to requirements of the Caltrans Local Assistance Procedures Manual. A draft of the form will be prepared and submitted to the City for review. For budgeting purposes, Dudek assumes that preparation and submittal of this form will take no more than 16 hours of staff time, 5 hours of senior review and 4 hours of administrative editorial/formatting/document assembly time. Dudek will incorporate up to one round of comments by the City. Dudek will then submit the form to Caltrans for review and comment. Dudek will respond to one round of reviews by Caltrans staff and then revise and resubmit to Caltrans for final signature and filing. CEQA CATEGORICAL EXEMPTION Dudek will prepare a Categorical Exemption to meet the City's obligation under CEQA. This document will include a brief project description (taken from the material prepared under Task 3), graphics of the project site and a rationale why a Categorical Exemption is appropriate. Dudek will send this notice to the Riverside County Clerk's Office on behalf of the City for the required 30 day posting period. Dudek assumes this effort will take no more than 4 hours of staff time, I hour of senior review and I hour of administrative editorial/formatting/document assembly time. 1.3 Design Engineering Services FINAL DESIGN AND CONSTRUCTION DOCUMENT PREPARATION Dudek will prepare drawings and specifications suitable for public bid. Pavement rehabilitation plans will be prepared at 40-scale to City of La Quinta and Green Book Standards, based upon the approved base map data showing existing constraints (curb & gutter, cross gutters, etc.) along the alignment, existing utilities based upon applicable utility owners' records, and property line and right-of-way data. The improvements will be design in conformance with the requirements as laid out in the City RFP, as determined during the initial project meetings, and per the recommendations of the Engineering Pavement Analysis Report. Additional details will include pavement construction and rehabilitations details, compaction requirements, limits of construction, signing and striping information based on the latest edition of the California MUTCD, utility adjustments (to grade, new collars, etc.) as required, and traffic signal loop replacements. General drawings will be prepared including typical coversheet, general notes, abbreviations and symbols, and general details. Additionally Dudek will provide construction cost estimating during the progression of the project. Engineer's opinion of probable costs (OPC) will be submitted to the City at each submittal. The accuracy of the OPC will reflect the progress of the design project and percentage complete. Bid document preparation will include a detailed project description, bid schedule, and project specification using standard Green Book format for special provisions and technical specification sections. 4910 DELIVERABLES AND REVIEWS Preparation of Deliverables includes internal QA/QC prior to each submittal. The project manager will carry out a detailed review of the project team's work including any subconsultant work. Deliverables at 85% and 100% progress submittals will include up to three (3) full-size sets of progress prints (24" x 36"), three (3) sets of technical specifications, and three (3) copies of the current OPC. Any comments from the review meetings will be incorporated into the subsequent submittal and the final submittal will include one copy of signed mylars, final technical specifications, and a copy of the final cost estimate. Electronic copies of the drawings in AutoCAD 2010 format, the project specifications in Word, and the engineers estimate in Excel will be provided. 1.4 Bidding V BIDDING SERVICES During the bid phase of the contract, key Dudek team members will attend a pre -bid conference and job walk for potential bidders, respond to inquiries relative to design issues and prepare and furnish the City with any revisions required. The issuance of bid documents, plans and specifications and any addenda shall be performed by the City. CONSTRICTION SERVICES (OPTIONAL TASK) During the construction phase of the Contract, the Dudek will provide technical oversight, including responding to request for information (RFI's), reviewing submittals, and reviewing change order requests. MR Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.2 of this Agreement, the maximum total compensation to be paid to Consultant under this Agreement is Thrity Four Thousand, Three Hundred Eighty Four Dollars ($34,384.00) ("Contract Sum"). The Contract Sum shall be paid to Consultant in installment payments made on a monthly basis and in an amount identified in Consultants Schedule of Compensation attached hereto for the work tasks performed and properly invoiced by Consultant in conformance with Section 2.2 of the Agreement. Optional tasks shall not be performed until receiving written authorization from the Contract Officer. Last revised 9-4-13 18 137 a' � m E y owo � LL Q N 0 N a E E m a 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 9-4-13 19 139 O V N M r G u ri M W ♦ I? r 0 N m > > cz cz E E C E E Y O O O cz > O C O L ~ O cSf cSf O (� r tocz cz O U cn ii 0- U v ao _ Ni........ _ >II� - 01 N I z.�, r - ♦ CC\jl LSD; - O E U`Lo - QtN = O i �' T S? N;........: M (n O a) r r CO r V r 6) r N r V r r r I� r r V \ r 00 r LO r 0o r O r m-e r r N r m r LO r N r m r M r O r V 00 cz O E � c75 N r r r N N r M N T N r M N N r r m r r r N N N Y E E Y y U c/1 M O r T N co co r r O O r r r r r O r O r M N N co co N co co LO OCZ O to O E 0 cSf ?) 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O >, O >, O >, O >, O >, >, cz 'O >, cz -O 0 >, 0 >, O a3 m cz -O cz -O cz -O cz -O a3 cz -O cz -O cz -O cz -O a3 cz -O cz -O cz -O cz -O cz -O cz -O cz -O -O -O -O T T (� n N 0 0 Ln n I\ O O Ln ap O Ln O Ln Ln N CO r N M r r V O ❑ cz a) 0 0 Y U (n O is 0 LO U d cz c a � 0 E fn r o a) c o c� O CZ '= 0 0 0 0 s O� y E o o v U v)a O U N 0 ❑ C 0 U " Or o Q °) O L 06 cSf O E M❑ O Or cz a) a) o o cn Q ol d o as c> c c 0- E N O o d W �-' �' c Q E O a) E� � c C g 0 � E a) E a) E E a) E C °� O U o c O 06 a) ° cz E cz O C 7 L) e U E E E E ❑ -_p ol C U a) u) 0- E (n -O O C..) S? +% C p U 7 p U O l6 U d O 7❑ otsoots o U .0 Cl. m V C [ 3 0 0a`..LL ❑ O 3 r p Qwd i c y o 3 O 3 y c o �aD00 cm >.a� oa so a> cw.� �U oiiN m N ° O N T c O cz N O IL U ° w U N > y O U 'O T E U m (D (D 00 4) ¢ ¢ cz m m o c C cfl z _> c cu � E 4 o° O O _0 o � IL U a>) M a>) M LL •� CZ J U LL y❑ ccnu m= d U d U Q W d ''O cz U a w 00 a__a °° U ❑_ r MVLD CO I-M O : LD COM N NNNNN N 0 CZ d ❑ Exhibit D Special Federal Requirements The Project covered by this Agreement may be partially funded by various Program funds administered through the California Department of Transportation (Caltrans) As Such, the Consultant shall comply with the requirements of 48 CFR, Federal Acquisition Regulations System, Chapter 1 , Part 31 et seq.; 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, and Caltrans Local Procedures Manual Processing Procedures for Implementing Federal and/or State Funded Local Public Transportation Projects. D1 .0 DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION D1.1 Consultants must give consideration to DBE firms as specified in 23 CFR § 1 72.5(b), 49 CFR, Part 26. If the contract has a DBE goal, Consultant must meet the goal by using DBEs as subconsultants or document a good faith effort to have met the goal. If a DBE subconsultant is unable to perform, Consultant must make a good faith effort to replace him/her with another DBE subconsultant if the goal is not otherwise met. D1 .2 A DBE may be terminated only with written approval by City and only for the reasons specified in 49 CFR 26.53 (f). Prior to requesting City's consent for the proposed termination, the prime consultant must meet the procedural requirements specified in 49 CFR 26.53(f). D2.0 CERTIFICATIONS D2.1 Caltrans LAPM Exhibits 10-F Certification of Consultant is attached and a part of this Agreement. D3.0 COST PRINCIPLES D3.1 Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1 , Part 31 .000 et seq., shall be used to determine the cost allowability of individual items. D3.2 Consultant also agrees to comply with federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. D3.3 Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 49 CFR Part 18 and 48 Exhibit D Special Federal Requirements 141 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31 .000 et seq., are subject to repayment by Consultant to City. D4.0 CONTINGENT FEE D4.1 Consultant warrants, by execution of this contract that no person or selling agency has been employed, or retained, to solicit or secure this contract upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by Consultant for the purpose of securing business. For breach or violation of this warranty, City has the right to annul this contract without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. D5.0 DISPUTES D5.1 Any dispute, other than audit, concerning a question of fact arising under this contract that is not disposed of by agreement shall be decided by the City's Contract Officer, who may consider written or verbal information submitted by Consultant. D5.2 Not later than 30 days after completion of all deliverables necessary to complete the plans, specifications and estimate, Consultant may request review by City Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing. D5.3 Neither the pendency of a dispute, nor its consideration by the Contract Officer will excuse Consultant from full and timely performance in accordance with the terms of this contract. D6.0 AUDIT REVIEW PROCEDURES D6.1 Any dispute concerning a question of fact arising under an interim or post audit of this contract that is not disposed of by agreement, shall be reviewed by City's Chief Financial Officer. D6.2 Not later than 30 days after issuance of the final audit report, Consultant may request a review by City's Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing. Exhibit D Special Federal Requirements 142 D6.3 Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance, in accordance with the terms of this contract. D6.4 Consultant and subconsultants' contracts, including cost proposals and indirect cost rates (ICR), are subject to audits or reviews such as, but not limited to, a Contract Audit, an Incurred Cost Audit, an ICR Audit, or a certified public accountant (CPA) ICR Audit Workpaper Review. If selected for audit or review, the contract, cost proposal and ICR and related workpapers, if applicable, will be reviewed to verify compliance with 48 CFR, Part 31 and other related laws and regulations. In the instances of a CPA ICR Audit Workpaper Review it is Consultant's responsibility to ensure federal, state, or local government officials are allowed full access to the CPA's workpapers. The contract, cost proposal, and ICR shall be adjusted by Consultant and approved by City contract manager to conform to the audit or review recommendations. Consultant agrees that individual terms of costs identified in the audit report shall be incorporated into the contract by this reference if directed by City at its sole discretion. Refusal by Consultant to incorporate audit or review recommendations, or to ensure that the Federal, State, or local governments have access to CPA workpapers, will be considered a breach of contract terms and cause for termination of the contract and disallowance of prior reimbursed costs. D7.0 SUBCONTRACTING D7.1 Consultant shall perform the work contemplated with resources available within its own organization; and no portion of the work pertinent to this contract shall be subcontracted without written authorization by City's Contact Officer, except that, which is expressly identified in the approved Cost Proposal. D7.2 Nothing contained in this Contract or otherwise, shall create any contractual relation between the Agency and any subconsultants, and no subcontract shall relieve the Consultant of his/her responsibilities and obligations hereunder. The Consultant agrees to be as fully responsible to the Agency for the acts and omissions of its subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Consultant. The Consultant's obligation to pay its subconsultants is an independent obligation from the Agency's obligation to make payments to the Consultant. D7.3 Any subcontract in excess of $25,000 entered into as a result of this contract, shall contain all the provisions stipulated in this contract to be applicable to subconsultants. Exhibit D Special Federal Requirements 143 D7.4 Consultant shall pay its subconsultants within ten (10) calendar days from receipt of each payment made to the Consultant by the Agency. D7.5 Any substitution of subconsultants must be approved in writing by City's Contact Officer prior to the start of work by the subconsultant. D8.0 INSPECTION OF WORK D8.1 Consultant and any subconsultant shall permit City, the state, and the FHWA if federal participating funds are used in this contract; to review and inspect the project activities and files at all reasonable times during the performance period of this contract including review and inspection on a daily basis. D9.0 SAFETY D9.1 Consultant shall comply with OSHA regulations applicable to Consultant regarding necessary safety equipment or procedures. Consultant shall comply with safety instructions issued by City Safety Officer and other City representatives. Consultant personnel shall wear hard hats and safety vests at all times while working on the construction project site. D9.2 Pursuant to the authority contained in Section 591 of the Vehicle Code, City has determined that such areas are within the limits of the project and are open to public traffic. Consultant shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. Consultant shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. D9.3 Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article. D10.0 CLAIMS FILED BY CITY's CONSTRUCTION CONTRACTOR D10.1 If claims are filed by City's construction contractor relating to work performed by Consultant's personnel, and additional information or assistance from Consultant's personnel is required in order to evaluate or defend against such claims; Consultant agrees to make its personnel available for consultation with City'S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings. D10.2 Consultant's personnel that City considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from City. Consultation or testimony will be reimbursed at the Exhibit D Special Federal Requirements 144 same rates, including travel costs that are being paid for Consultant's personnel services under this contract. D10.3 Services of Consultant's personnel in connection with City's construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this contract in order to resolve the construction claims. D10.4 Any subcontract in excess of $25,000 entered into as a result of this contract, shall contain all of the provisions of this Article. D11 .0 CONFIDENTIALITY OF DATA D11.1 All financial, statistical, personal, technical, or other data and information relative to City's operations, which are designated confidential by City and made available to Consultant in order to carry out this contract, shall be protected by Consultant from unauthorized use and disclosure. D11.2 Permission to disclose information on one occasion, or public hearing held by City relating to the contract, shall not authorize Consultant to further disclose such information, or disseminate the same on any other occasion. D1 1 .3 Consultant shall not comment publicly to the press or any other media regarding the contract or City's actions on the same, except to City's staff, Consultant's own personnel involved in the performance of this contract, at public hearings or in response to questions from a Legislative committee. D11 .4 Consultant shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this contract without prior review of the contents thereof by City, and receipt of City's written permission. D11 .5 Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article. D1 1 .6 All information related to the construction estimate is confidential, and shall not be disclosed by Consultant to any entity other than City. D12.0 NATIONAL LABOR RELATIONS BOARD CERTIFICATION D12.1 In accordance with Public Contract Code Section 10296, Consultant hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against Consultant within the immediately preceding two-year period, because of Consultant's failure Exhibit D Special Federal Requirements 145 to comply with an order of a federal court that orders Consultant to comply with an order of the National Labor Relations Board. D13.0 EVALUATION OF CONSULTANT D13.1 Consultant's performance will be evaluated by City. A copy of the evaluation will be sent to Consultant for comments. The evaluation together with the comments shall be retained as part of the contract record. D14.0 STATEMENT OF COMPLIANCE D14.1 Consultant's signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that Consultant has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103. D14.2 During the performance of this Contract, Consultant and its subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Contract by reference and made a part hereof as if set forth in full. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. D15.0 DEBARMENT AND SUSPENSION CERTIFICATION D15.1 Consultant's signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that Consultant has complied with Title 2 CFR Part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)", which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, Exhibit D Special Federal Requirements 146 voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to City. D15.2 Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining Consultant responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action. D15.3 Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal highway Administration. D16.0 STATE PREVAILING WAGE RATES D16.1 Consultant shall comply with the State of California's General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 177, and all Federal, State, and local laws and ordinances applicable to the work. D16.2 Any subcontract entered into as a result of this contract if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Article. D17.0 CONFLICT OF INTEREST D17.1 Consultant shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this contract, or any ensuing City construction project. Consultant shall also list current clients who may have a financial interest in the outcome of this contract, or any ensuing City construction project, which will follow. D17.2 Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this contract. D17.3 Any subcontract in excess of $25,000 entered into as a result of this contract, shall contain all of the provisions of this Article. Exhibit D Special Federal Requirements 147 D17.4 Consultant hereby certifies that neither Consultant, nor any firm affiliated with Consultant will bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this contract. An affiliated firm is one, which is subject to the control of the same persons through joint -ownership, or otherwise. D17.5 Except for subconsultants whose services are limited to providing surveying or materials testing information, no subconsultant who has provided design services in connection with this contract shall be eligible to bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this contract. D18.0 REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION D18.1 Consultant warrants that this contract was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. D19.0 PROHIBITION OF EXPENDING CITY STATE OR FEDERAL FUNDS FOR I nRRYINn D19.1 Consultant certifies to the best of his or her knowledge and belief that: a No state, federal or City appropriated funds have been paid, or will be paid by -or -on behalf of Consultant to any person for influencing or attempting to influence an officer or employee of any state or federal agency; a Member of the State Legislature or United States Congress; an officer or employee of the Legislature or Congress; or any employee of a Member of the Legislature or Congress, in connection with the awarding of any state or federal contract; the making of any state or federal grant; the making of any state or federal loan; the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement. b If any funds other than federal appropriated funds have been paid, or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency; a Member of Congress; an officer or employee of Congress, or an employee of a Member of Congress; in connection with this federal contract, grant, loan, or cooperative agreement; Consultant shall complete and Exhibit D Special Federal Requirements 148 submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. D19.2 This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, US. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. D19.3 Consultant also agrees by signing this document that he or she shall require that the language of this certification be included in all lower -tier subcontracts, which exceed $100,000, and that all such sub recipients shall certify and disclose accordingly. Exhibit D Special Federal Requirements 149 Local Assistance Procedures Manual EXHBIT 10-F Certification of Consultant, Commissions & Fees EXHIBIT 10-F CERTIFICATION OF CONSULTANT, COMMISSIONS & FEES I HEREBY CERTIFY that I am the and duly authorized representative of the firm of whose address is , and that, except as hereby expressly stated, neither I nor the above firm that I represent have: (a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this contract; nor (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract; nor (c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind, for or in connection with, procuring or carrying out this contract. I acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this contract involving participation of federal -aid highway funds, and is subject to applicable state and federal laws, both criminal and civil. (Date) Distribution: 1) Local Agency Project File (Original & Contract) 2) DLAE (with contract copy) (Signature) Page 1 of 1 LPP 13-01 May N02013 OF CITY / SA / HA / FA MEETING DATE: November 5, 2013 AGENDA CATEGORY: ITEM TITLE: APPROVE DEMAND REGISTER DATED BUSINESS SESSION: NOVEMBER 5, 2013 CONSENT CALENDAR: 12 STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Approve Demand Register dated November 5, 2013. EXECUTIVE SUMMARY: None. FISCAL IMPACT: Demand of Cash: -- City $ 2,582,671 .68 -- Successor Agency of RDA $ 0.00 -- 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: Warrants Issued: 101036 - 1010511 $ 694,483.48 1010521 $ 8,500.00 101053 - 1010871 $ 188,709.63 Voids} $ (17,669.70) Wire Transfers} $ 284,247.46 W11 Warrants Issued Continued: P/R 36897 - 369001 $ 141,938.47 P/R Tax Transfers} $ 36,761 .09 101088 — 1012051 $1,245,701 .25 $2,582,671 .68 In the amounts listed above, there were three voided checks — Check Nos. 99913, 100924, and 101036. The first check was voided due to a company name change; a replacement check was processed under the new company name. The last two checks were voided due to the vendor providing the wrong mailing address twice. Stop payments were issued against those two checks and a replacement check was picked up by the vender at City Hall. The most significant expenditures being paid on the demand registers listed above are as follows: Significant Expenditures: Vendor: Riverside Co. Sheriff Imperial Irrigation Golden Valley Const Golden Valley Const New Const. Solutions Arch Insurance ALTERNATIVES: None. Account Name: Amount: Purpose: Contract Services $ 761,095.03 July -Police Svc. CIP-Adams Bridge $ 661,476.68 Adams Bridge Temp. Bypass CIP-Sinaloa $ 131,220.18 Sep -Sidewalk Improvements CIP- Eisen hower/Sinaloa $ 129,629.73 Sep -Roundabout Improvements ADA Improvements $ 103,065.50 Public ADA Improvements CIP-Adams Bridge $ 96,270.57 Sep -Adams Bridge Project Report prepared by: Sandra Mancilla, Account Technician Report approved for submission by: Robbeyn Bird, Finance Director Attachments: 1 . Wire transfers 2. Demand Register i l CITY OF LA QUINT. BANK TRANSACTIONS 10/8/13-10/21/1 10/1 1 /13 WIRE TRANSFER - L $286.00 10/1/13 WIRE TRANSFER - TASC $906.85 10/16/13 WIRETA - PE S $286,70 10/18/13 • TRANSFER LANDMARK $225,643.80 10//13 WIRETRANSFER- PERS $2,696.34 153 154 14 \T 10 I I CD N Cp CD \o C3 ON Ln co 1-4 "I INd _j C3 (D M 0 r- 04 r- NT I (-) < LU w r4 I UJ F- m \o 00 co = 0 CD \0 ON Ch r- N w C14 oe I u a 0 Ln U w > > < 00 00 r- 0- x Q D 0 z w k I uj ce I I CL 0 p I CL k ^ I LD W F- Z z ce Z F- 0 F- z E W M p < Of I o m 0 0 0 0 CD CD Ln 14 0 0 00 00 hlo Nio U) %T ID 00 Ln N 110 CK OM Ch Ch Ch r- Lr) 00 00 14 0 1 co 0v r- c3 m a) m cD cD cc Lc) rn o c3 (14 ch ,T rn r- u) \T q oo -o m co Ln r, ,T P- \o cm P. rq (D cm N \o 'o P. 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U1 H � CL l i N m LU e-s CD 0 i u i a z u + w 1 z N 04 iP u + Giza ap v r u r-1 i I <k M 0 < r a.LU i e > rJ r Li i V,T_j_1®i : 1 14 0 u u u V) N N z z z SGWSG 1 a w r Ln Pp? x Ch u NO =1 CD y 0 Fq i > w M Lib LU 11 F i i t41 CD >- ?- k CV \ Z AQ00 1 °a 1 0,4 I 14 P-a w Q = Q+ z nuwLUQ r 1- I hk LUG <i I = w <W M dCL. a. i zu i Z. Wo W 000 i : WLU 4 Caw a ezww h®0 A4 CL a, W (D (.D i 1 V8 J E- LC} CL 0 cv {D 1 `r` CITY / SA / HA / FA MEETING DATE: November 19, 2013 AGENDA CATEGORY: ITEM TITLE: APPROVE DEMAND REGISTER DATED BUSINESS SESSION: NOVEMBER 19, 2013 CONSENT CALENDAR: 13 STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Approve Demand Register dated November 19, 2013. EXECUTIVE SUMMARY: None. FISCAL IMPACT: Demand of Cash: -- City $ 3,816,652.76 -- Successor Agency of RDA $ 41,388,707.29 -- Housing Authority $ 5,353.25 -- Housing Authority Commission $ 200.00 RArK(;Rni min/ArmAi Y.qIq- 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: Warrants Issued: 1012061 101207 - 1012241 101225 - 1012451 Voids} Wire Transfers} $ 41,378,966.00 $ 113,998.75 $ 333,323.14 $(41,426,535.00) $ 41 ,817,123.74 173 Warrants Issued Continued: P/R 36901 - 369071 P/R Tax Transfers} 101 246 — 1013781 $ 290,639.01 $ 37,482.17 $ 2,665,915.49 $45,210,913.30 In the amounts listed above, there were three voided checks — Check Nos. 99321, 101206, and 101214. The first check was voided due to it being stale dated. Payment was reprocessed. Check No. 101206 was voided and payment was issued via wire transfer. The last check was voided due to it being a duplicate payment; two separate departments submitted check requests three months apart for the same vendor, which resulted in the check being voided. The most significant expenditures being paid on the demand registers listed above are as follows: Significant Expenditures: Vendor: Riverside Co Auditor Riverside Co. Sheriff Account Name: Amount: Purpose: DOF Reimbursement $41,378,966.00 Unencumbered Funds Various $ 1,810,174.64 Aug. -Sep. Police Svc. Granite Construction Contract Services $ 456,325.20 Washington/ Hwy1 11 Improvements Tyler Technologies Capital Purchases $ 86,132.14 Software Upgrade ALTERNATIVES: None. Report prepared by: Sandra Mancilla, Account Technician Report approved for submission by: Robbeyn Bird, Finance Director Attachments: 1 . Wire transfers 2. Demand Register 174 i a y I. +ki I N I I ! 1 SyNal I Lei ! ! 10/25/13 WIRETRANSFER - ICMA 10/25/13 WIRETRANSFER - PERS 10/2/13 WIRETA - LQCEA 10/29/13 WIRETRANSFER - TASC 10//13 WIRE TRANSFER- RIVERSIDE CO. TREASURER 11/04/13 WIRE TRANSFER - HEALTH PREMIUM 1 1 /05/3 WIRE TRANSFER - LANDMARK 1 1 /07/13 WIRETRANSFER - REPS $9,484.85 $44,760.70 $286,00 $906.8 $1,37 ,96 .00 $0,69.5 $247,260,39 $44,760.70 M `rc ATTACHMENT 2 Lu �ma LUN w I u t 0 w + < 0 a x p D i 0 z > r�a + oe i W (9 i r 1. 0 CL i rro 0 W i g® z r z n Z F- O IL z X LdJ M C ) LtJ Lt Cm} k U (A i Z �c i i 4 i i F- i LL! 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W + < N + F + N + � J 1 1 W 1 co OM U 1 6 Of x < 1CD6 C9 D LL 1co V) -a 1 z 1 of he 1 1 N u1CD W Z N ma1 r. 0 W L) OZO 1 N 1 U Q 1C= a. 00 CD rs N t 0- O' 1 0% O ph O IL + a ce > 1-4 1 U 0 1 N O' CM Z Z Z 1 �,dWthe 1 (li cDLnm x 1 O 1 i W 1 N N 1 1 N 1 N j— m O 0 z z N 0 + O 1C= m= 1 > 1 Do M W 1 W Q) CL + + raQ Z N G 5 1 p (y O "I= 2 Pq0 1 + INLL co P 1 O NI co OrH wF Q 1 Z I CD Q "q fn WZNW W 1 ox z 1 °qW x 00 = �- �- 1 w O 1 e-d ad (�x OW<d 1 9—N NW OL)W WQ 1 I® OQ q =• Z U 0 O°CL, 1 CL 1 WE <MU= + 1 ME W < a- 1 0 W U CL0 O 000 1 <(h + W WE W 000 1 W W + z ww 0 www, 1 W LD0C3 1 + WI: T4hf 4 4 a" CITY / SA / HA / FA MEETING DATE: November 19, 2013 ITEM TITLE: APPROPRIATE FUNDS, APPROVE PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE, AND OBTAIN BIDS FOR HEATING, VENTILATION, AND AIR CONDITIONING SYSTEMS 1 AND 2 AT CITY HALL RECOMMENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 14 STUDY SESSION: PUBLIC HEARING: Appropriate $1 53,350 from the City's Equipment Replacement Fund; approve the plans, specifications and engineer's estimate; and authorize staff to obtain bids to replace the heating, ventilation, and air conditioning systems 1 and 2 at City Hall. EXECUTIVE SUMMARY: • The U-shaped east end of City Hall is heated and cooled by two 40-ton heating, ventilation, and air conditioning systems (HVAC Systems) that were installed as part of the City Hall construction in 1991. • HVAC Systems units 1 and 2 are near the end of their service lives and replacement during the winter months, when they are typically turned off, is recommended. • The plans, specifications, and estimates (PS&E) for this project are now complete and are recommended for approval so that the City may advertise for bids to replace the HVAC Systems. FISCAL IMPACT: This project is included within the City's Fiscal Year 2013/14 through 2017/2018 Capital Improvement Program (CIP) where $50,000 is assigned annually from the City's Equipment Replacement Fund for replacing older HVAC units at City facilities. Of the $50,000 programmed during Fiscal Year 2013/2014, $40,500 was used to replace the failed HVAC System 3 at City Hall, leaving a balance of $9,500 for use on this project. `RYA The engineer's estimate to replace HVAC Systems 1 and 2 is $139,000; staff recommends an additional $23,850 to cover inspection and/or contingency costs, for a total project cost of $162,850. Staff requests $153,350 be appropriated from the City's Equipment Replacement Fund to complete the HVAC replacement at City Hall. Sufficient funding exists in the Building Equipment Replacement Fund to fund this project, and this is a high priority project. BACKGROUND/ANALYSIS: City Hall was originally constructed in 1991 and an additional administration wing was added on in 2008. The HVAC Systems that serve the majority of City Hall were installed as part of the original construction, and have now reached their expected service life of approximately 20 years. The U-shaped east end of the building is heated and cooled by HVAC Systems 1 and 2, which have required numerous costly repairs in the last few years. In order to proactively address the replacement of these critical systems, the City Council established a Citywide Preventative Maintenance Plan as part of its Fiscal Year 2013/2014 CIP. This annual maintenance plan is funded from the City's Equipment Replacement Fund. Staff recommends installing these units by April 2014 in order to avoid HVAC repair work when the units are needed in the spring. Contingent upon City Council's approval to advertise on November 19, 2013, the following is the anticipated project schedule: Project Advertisement Project Award Sign Contract/Mobilize Construction Accept Improvements ALTERNATIVES: November 20, 2013 — December 19, 2013 January 21, 2014 January 22, 2014 — February 15, 2014 February — March 2014 April 2014 Due to the critical nature of the HVAC Systems at City Hall, as well as the need to complete this work before new units are needed, no alternatives are recommended. Report prepared by: Bryan McKinney, Principal Engineer Report approved for submission by: Timothy R. Jonasson, P.E. Public Works Director/City Engineer `I:T. o� u,tcv � o� V s y ,rY c�tit OF CITY / SA / HA / FA MEETING DATE: November 19, 2013 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: AWARD DESIGN/BUILD CONTRACT TO DOUG WALL CONSTRUCTION FOR LA QUINTA CONSENT CALENDAR: 15 COMMUNITY HEALTH AND WELLNESS CENTER STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Award a contract to Doug Wall Construction, in the amount of $2,888,309, to provide design/build services for the La Quinta Community Health and Wellness Center. EXECUTIVE SUMMARY: • Approval of the design/build contract will initiate the 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"). • Doug Wall Construction, a local design/build team, was unanimously selected for this project after review of ten proposals to perform this work. • The proposed project will entail modifying, expanding, and rehabilitating the City's 10,250 square -foot Senior Center, resulting in a new 16,240 square - foot Community Center. This represents a net increase of 5,990 square feet. FISCAL IMPACT: The design/build contract is for a lump sum amount of $2,888,309. This amount is all inclusive provided that no changes in the scope of work occur from what was included in the original request for proposals. The Community Center is programmed to receive $3,308,725 from a mixture of Community Center Developer Impact Fees and Quimby Funds this fiscal year. Therefore, adequate funding exists for staff's recommendation. `RR, The annual cost to operate the expanded portion of the facility is estimated at approximately $50,000. This includes utilities, janitorial, supplies, and part-time staff. Staff anticipates these operational costs will be offset by additional revenue from the sale of fitness memberships. BACKGROUND/ANALYSIS: In recent years, there has been an increase in demand for fitness facilities and additional classroom space at the Senior Center. This project will address these needs as well as upgrade the building exterior, flooring and finishes in order to update the overall look of the building. The design/build team will be responsible for all aspects of delivering a complete project from inception through completion of construction in 230 working days. On August 6, 2013, the City Council authorized staff to distribute a request for proposals for this design/build contract. The City received statement of qualifications from ten design/build teams interested in the project. The Consultant Selection Committee short listed five for interviews. Following the interview process, Doug Wall Construction was unanimously recommended to provide design/build services for the Community Health and Wellness Center, Project No. 2013-11. The design/build contract is available for review in the Public Works Department. Contingent upon City Council contract award on November 19, 2013, the following is the proposed project schedule: Project Design Phase Project Construction Phase Project Acceptance ALTERNATIVES: November 2013 through March 2014 April through December 2014 January 2015 The design/build consultant selection process was extensive and comprehensive. Therefore, staff does not recommend any alternatives. Report prepared by: Bryan McKinney, Principal Engineer Report approved for submission by: Timothy R. Jonasson, P.E. Public Works Director/City Engineer `zit o� u,tcv � o� V s y ,rY c�tit OF CITY / SA / HA / FA MEETING DATE: November 19, 2013 ITEM TITLE: DENY CLAIM FOR DAMAGES FILED BY SANDRA ROGERS; DATE OF LOSS - AUGUST 25, 2013 RECOMMENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 16 STUDY SESSION: PUBLIC HEARING: Deny the claim for damages filed by Sandra Rogers; date of loss — August 25, 2013. EXECUTIVE SUMMARY: • A claim for damages was submitted by Sandra Rogers on August 25, 2013. • The claim was forwarded to the City's claims administrator, Carl Warren & Company. • After review, Carl Warren & Company has recommended that the claim be rejected. FISCAL IMPACT: The claim was for $1,876.79. BACKGROUND/ANALYSIS: The claim is for estimated damages to the claimant's vehicle which, the claimant stated, were a result of driving through a flooded area on a residential street. Carl Warren & Company has recommended rejection of the claim. ALTERNATIVES: The City relies on Carl Warren to perform an accurate and thorough preliminary `Q111 assessment of the claim from a liability standpoint, therefore staff does not recommend an alternative action. Report prepared by: Terry Deeringer, Human Resources/General Services Manager Report approved for submission by: Frank J. Spevacek, City Manager c� OFTL9 CITY / SA / HA / FA MEETING DATE: November 19, 2013 ITEM TITLE: RESOLUTION SUPPORTING THE ESTABLISHMENT OF DAILY INTERCITY RAIL SERVICE FROM LOS ANGELES TO THE COACHELLA VALLEY VIA THE INLAND EMPIRE RECOMMENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 17 STUDY SESSION: PUBLIC HEARING: Adopt a resolution supporting the establishment of daily intercity rail service from Los Angeles to the Coachella Valley via the Inland Empire. EXECUTIVE SUMMARY: • There are limited public transit options between the Coachella Valley, Los Angeles, and the Inland Empire and new regional intercity passenger rail service will ease congestion and improve mobility and the quality of life in the area. • The Riverside County Transportation Commission (RCTC) and the Coachella Valley Association of Governments (CVAG) have initiated project development and planning for this new corridor, and have requested support from the cities that will benefit. • There are no costs to the City of La Quinta. If implemented, the service would be provided by Amtrak, funded by the State, and run on existing freight railroad tracks. The estimated trip length between the Coachella Valley and Los Angeles is three hours. FISCAL IMPACT: None. `z0x1 BACKGROUND/ANALYSIS: CVAG and RCTC have entered into a Memorandum of Understanding whereby RCTC will establish and administer the Coachella Valley Rail fund. The source of Coachella Valley Rail funding will be a percentage of the Transportation Development Act State Transit Assistance funds as detailed in the RCTC report attached (Attachment 1). The Coachella Valley Rail funds would initially be used to improve stations, fund technical studies, and staff support. The daily intercity rail service project requires a service development plan that will allow Coachella Valley rail to compete for limited state and federal rail funds. RCTC staff intends to issue a request for proposals and, in early 2014, hire a consulting firm to prepare the plan. Adoption of this resolution will help support their efforts. ALTERNATIVES: The City Council may withhold its support of the daily intercity rail service, and reconsider its support of the project when the service development plan is completed. Report prepared by: Susan Maysels, City Clerk Report approved for submission by: Frank J. Spevacek, City Manager `0111 ATTACHMENT 1 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: October 9, 2013 TO: Riverside County Transportation Commission FROM: Eastern Riverside County Programs and Projects Committee Sheldon Peterson, Rail Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Rail Service Through the Pass Area to the Coachella Valley EASTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission: 1) Approve the Memorandum of Understanding (MOU) No. 14-25-034-00 between the Commission and the Coachella Valley Association of Governments (CVAG) whereby the Commission shall establish and administer the Coachella Valley Rail fund; 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; 3) Authorize staff to set aside Transportation Development Act (TDA) State Transit Assistance (STA) funding to be utilized specifically for the Coachella Valley in support of the rail program at specified multi -year levels; 4) Approve a bus/rail funding split and the terms and conditions; 5) Approve an amendment to the Commission's Commuter Rail Short Range Transit Plan (SRTP) to set aside $4.2 million of Proposition 1B Public Transportation Modernization, Improvement, and Service Enhancement Account (PTMISEA) funds to initiate Coachella Valley Rail through the Pass Area; 6) Authorize staff to seek approval to apply for a letter of no prejudice (LONP) for Proposition 1B funds to allow the Commission to expend local funds prior to the state bond sale and disbursement; 7) Authorize staff to establish a Coachella Valley Rail specific SRTP and establish a separate funding and accounting process at the Commission; 8) Authorize the Executive Director to execute a letter of understanding with Caltrans in support of project development; 9) Adopt Resolution No. 13-042, "Resolution of Support to Establish Daily Intercity Rail Service from Los Angeles to the Coachella Valley via the Pass Area"; and 10) Receive an update on next steps for Coachella Valley Rail project development, including the service development plan, alternatives analysis, and discussion on potential for future environmental analysis. Agenda Item 10 205 CVAG MOU and TDA Funding At its September 30, 2013 meeting, the CVAG Executive Committee approved a MOU between the Commission and CVAG to establish a funding split of Coachella Valley TDA funds. All of these TDA funds are currently allocated to SunLine Transit Agency (SunLine), and the intent is to allocate 10 percent of the STA discretionary portion of the TDA funds, using a phased -in approach, in order to support a Coachella Valley Rail program. The intent of the MOU is to allow the Commission to set aside those TDA funds into a Coachella Valley Rail fund to be used only for capital costs to improve stations, staff support, as well as funding for technical studies. This funding split is to be effective beginning in FY 2014/15 using a proposed phased approach, as follows: Fiscal Year Coachella Valley Rail Funding FY 2014/15 5 percent of the STA portion of the TDA funds FY 2015/16 7 percent of the STA portion of the TDA funds FY 2016/17 and annually thereafter 10 percent of the STA portion of the TDA funds In FY 2013/14, 10 percent of Coachella Valley STA portion of the TDA funds is estimated at approximately $1.2 million. TDA funds are utilized on a wide variety of transportation programs throughout the state including Riverside County. These activities include planning and programming activities, pedestrian and bicycle facilities, community transit services, public transportation, and bus and rail projects. As an example, in Western Riverside County these funds are split, with 78 percent of the Local Transportation Fund and discretionary STA portions of the TDA funds directed to bus transit services and the remaining 22 percent to passenger rail transit. In the Coachella Valley, no TDA funds are currently set aside for a passenger rail program. However, an argument can be made that technical work needs to continue on development of the Los Angeles to Coachella Valley corridor in the state rail plan. This work will demonstrate the Coachella Valley's commitment toward implementing a robust rail program and thereby serve as a lever to unlock federal and state sources of funding and other support for necessary environmental work, as well as future operations funding. SunLine is the only designated public transit operator in the Coachella Valley currently authorized by the state to receive these funds. Accordingly, the establishment of the Coachella Valley bus/rail split will have an impact on bus transit operations. The phased -in approach recommended by staff is intended to provide SunLine with lead time in order to mitigate any potential budgetary impacts. It should be recognized the STA portion of the Coachella Valley funds to be allocated for rail purposes are now used to fund a wide variety of capital improvement projects at SunLine, including the financing of fleet replacement activities. While not an immediate need, prudent planning requires fleet replacement be considered years in advance to accumulate cash Agenda Item 10 206 reserves to finance the purchase of heavy duty buses, light duty ADA vehicles, and necessary support vehicles. SunLine's fleet plan will need $3.5 million per year in order to finance fleet replacement vehicles and those necessary for service expansion through 2030. SunLine has been involved in the development of this plan and is working in partnership with the Commission and CVAG in order to promote close coordination of bus and rail needs so that both programs operate successfully. The MOU with CVAG will support a Coachella Valley Rail fund. These funds would be internally maintained at the Commission in a separate account while expenditures would be authorized by CVAG's Executive Committee. This would be similar to current arrangements for the Coachella Valley Highway and Regional Arterial program where the Commission acts as a fiscal agent pursuant to Measure A, but actual expenditures are authorized by CVAG in accordance with its Transportation Project Prioritization Study. CVAG Executive Committee decisions regarding the Coachella Valley Rail fund would only impact passenger rail projects to occur within the Coachella Valley. The Coachella Valley Rail fund would initially be used to improve stations with projects that have independent utility, provide funding for technical studies, and limited project management staff support. Commuter Rail Short Rail Transit Plan Amendments/Proposition 1B Authority The Commission's SRTP includes goals for the Commission's Regional Commuter Rail program and provides detailed information about existing services and facilities, financial forecasts and plans, as well as planned and proposed improvements to be implemented. The Commission oversees transit service in Riverside County primarily through the approval of SRTPs that detail the operating and capital costs planned for transit services. Each operator adopts such a plan and then provides data to the Commission on performance. As SRTPs are based upon estimates of future projects, it is necessary to subsequently amend these documents upon completion or changes to specified projects and circumstances. The Commuter Rail program is thus requesting amendments to its FY 2013/14 Commuter Rail SRTP in order to use state grant funds to preserve local funds. Staff recommends amending the FY 2013/14 SRTP to allocate the total of unobligated FYs 2010/11 — 2012/13 PTMISEA funds of $4.2 million to the Coachella Valley Passenger Rail project. Funding Year From To Amount Proposition Coachella Valley Passenger Rail 1B FY 2010/11— 2012/13 Unobligated $4,200,000 PTMISEA Project In addition, staff seeks Commission approval to request a LONP for the Proposition 1B funds from the state in order to allow the project to move forward using local Commission funds to initiate work if the state grant funds are delayed. This ensures the Commission will eventually receive the state funding in the future. Agenda Item 10 207 Coachella Valley Rail Short Rail Transit Plan and Funding Authority Transit operators and programs are required to develop SRTPs to identify service plans, capital and operating expenditures, and funding plans for each year. As the project development continues for the Coachella Valley rail service, it is important to establish the program as a unique transportation project that will have its own SRTP and funding program. The Commission's rail staff will develop and update the SRTP annually to bring forward funding and expenditure plans to the Commission for approval. In addition, individual project codes will be established in the Commission's financial system for this program to provide ultimate transparency and clarity in the accumulation and use of Coachella Valley Rail funds. Staff is requesting Commission approval to establish the SRTP and acknowledge the funding program so that clear project reporting will be made available. Coachella Valley Rail Caltrans Letter of Understanding As with any major transportation project, there is the need for a strong network of partners. Commission staff has not only been working closely with CVAG but also with Caltrans and the Federal Railroad Administration (FRA). Historically on other corridors, Caltrans has been the project lead and, for this project, it has already initiated an initial planning study and the ongoing commitment to keep the project clearly represented in the state rail plan. Through several planning meetings, it has been determined the best approach going forward would be for the Commission to take a leadership role in the next round of service planning with the close support of Caltrans and FRA. As part of these discussions, Caltrans generously volunteered to use its own resources and contract authority to implement and complete the ridership modeling portion of the service development plan. This model is the only Caltrans and Federal Transit Administration approved ridership model and was developed by AECOM and Amtrak for intercity rail ridership projections using 30-mile station catchment zones. The Commission and Caltrans would like to enter into a letter of understanding that clarifies the respective roles and responsibilities of each agency during the project development phase of this project. Staff is seeking Commission approval to allow the Executive Director to complete negotiations and enter into a letter of understanding with Caltrans. Coachella Valley Rail Resolution As the Commission has done for many critical projects in the past, staff is proposing Resolution No. 13-042, "Resolution of Support to Establish Daily Intercity Rail Service from Los Angeles to the Coachella Valley via the Pass Area'; be adopted. This effort will formalize the support and commitment of the Commission to continue to pursue the passenger rail program that will provide service to the Coachella Valley and Pass Area communities. Project Description and How it Builds on Past Efforts Providing some form of passenger rail service to the Coachella Valley has been a long-standing priority for the area for more than two decades with the first studies completed in the early Agenda Item 10 208 1990's. Additional studies have been performed over time with one of the more recent efforts completed in April 2010. This study was completed through coordination by CVAG, the Commission, and Schiermeyer Consulting Services and adopted by the CVAG Executive Committee on October 25, 2010. On November 10, 2010 the Commission reaffirmed its formal support for implementation and expansion of intercity Amtrak rail service to the Coachella Valley and directed staff to coordinate with CVAG and local communities to advocate for the service. To follow up on that effort the Commission adopted a formal Resolution No. 11-001 in support of Amtrak's plan to run the Sunset Limited daily through the Coachella Valley. In May 2013 the state of California Division of Rail (Caltrans) completed the first phase of a planning study and initial alternatives analysis for the rail corridor. This planning study was very supportive of the potential for a viable service, and future studies can expand on this by determining ridership demand and better cost estimates. Caltrans also included an updated project description and analysis of the Coachella Valley service in the latest state rail plan, which was approved on September 5, 2013 by the State Transportation Agency. The next update will take place in 2017. PROP05ED LOS ANGELES TO INDIO LOS AiNGEUS INTERCITY RAIL SERVICE COUNTY SAN BF€ INA'RDINO Burlington Northern 5anka Fe Roll rood Tracks COUNTY Uni— Po ifi� R-1:d hocks 177 Existing Sto rlon with Roll Conn"Oons 0 © Propos¢d 5MIDn N arairoN LOMA LfMic6 STATION •.•._••.�- OO�OWN .. 9AIfllYlN STATION .. .,». sm ON "�..... .... ....�.. ....,.. ....... weAzoN """ a... •" PIVi RSlaE A4FAMNNr` C 0 U N T Y ravnro „aowwra Hn� 01iIlk NCE CC) UIN FY As the result of past studies from both CVAG and the Commission, it was determined that using state -supported intercity trains presents the best alternative for developing service along the corridor. The 141-mile trip between Los Angeles and the Coachella Valley would cross four counties. Stops and station locations are yet to be determined. Due to the trip length and time of approximately three hours, Amtrak -style service with larger seats and food service would be more appealing to the riders. In addition, the service would operate over Union Pacific and BNSF tracks and, in general, Amtrak has a greater ability to initiate service over freight railroads based on a national agreement. The initial service plan would be for two daily round trips along the corridor. The next round of studies will look at various track alignments, routes, station alternatives and determine ridership forecasts. The primary effort for this will be the initiation of a service development plan. Agenda Item 10 209 Next Steps: Service Development Plan The true success of this effort will be to develop comprehensive and convincing planning documents that will allow Coachella Valley rail to compete for limited state and federal rail funds. The project purpose and need will have to be compelling and the ridership potential thoroughly demonstrated. The FRA staff already made it very clear that several rail alignments and alternatives must be studied and compared in order for the project to be viable. In the July 1, 2010 Federal Register notice on High -Speed Intercity Passenger Rail (HSIPR) program, it clearly outlines the planning process needed to be eligible to for HSIPR Funds. This process identifies the need for a service development plan (SDP) with the following requirements: • Clearly demonstrate the purpose and need; • Analyze alternatives for the proposed passenger rail service; • Identify the alternative that best meets the purpose and need; • Identify the discrete capital projects required; and • Demonstrate the operational and financial feasibility. Both Caltrans and FRA have been working to either develop or approve these SDP's for various corridors across the state and country and offered some very helpful suggestions on how the Commission can best conduct this planning effort. The following phase that can take place either after or parallel to the SDP process is the need for National Environmental Policy Act (NEPA) documentation with either an environmental assessment or an environmental impact statement. The intent is for Commission staff to initiate a Request for Proposal to hire a highly qualified consulting firm capable of conducting both the SDP and potentially the NEPA documentation in order expedite project development. As with any procurement process the final selection and approval will be brought back to the Commission in early 2014. Financial Information $4,200,000 revenues In Fiscal Year Budget: No Years: FY 2013/14 Amount: $100,000 expenditures Source of Funds: Proposition 113 PTMISEA Budget Adjustment: Yes $ 4,200,000 State revenues LLA No.:245-25-41501 245-25-81501 $ 100,000 Special studies expenditures al Procedures Approved: Date: 10/01/2013 Attachments: 1) CVAG/RCTC MOU 2) Draft Caltrans Letter of Understanding 3) Resolution No. 13-042 Agenda Item 10 210 RESOLUTION NO. 2013 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, SUPPORTING THE ESTABLISHMENT OF DAILY INTERCITY RAIL SERVICE FROM LOS ANGELES TO THE COACHELLA VALLEY VIA THE INLAND EMPIRE. WHEREAS new regional intercity passenger rail service from Los Angeles to the Coachella Valley will ease congestion on local roads and freeways, providing new economic opportunity, and improving mobility and quality of life in the Inland Empire; and WHEREAS Amtrak currently runs the Sunset Limited train three days a week with service between Los Angeles and the Coachella Valley at inconvenient schedules; and WHEREAS there are limited public transit options that exist between Coachella Valley, Los Angeles and other locations in the Inland Empire; and WHEREAS all local cities would benefit from the expanded travel options that would come from this new passenger rail service; and WHEREAS the need for daily convenient intercity passenger rail service is growing as an environmental friendly alternate to the 1-10 freeway and other congested corridors; and WHEREAS the Inland Empire, Coachella Valley and the Pass Area are experiencing rapid population growth and demand on this route will continue to increase; and WHEREAS there is strong local support to establish new intercity rail passenger service in the Coachella Valley and the Pass Area; and WHEREAS the Riverside County Transportation Commission and Coachella Valley Association of Governments have initiated project development and planning for this new corridor; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of La Quinta that it hereby supports the establishment of Daily Intercity Rail Service from Los Angeles to the Coachella Valley via the Inland Empire. `A`i Resolution No. 2013- Support of Daily Intercity Rail Service Adopted: November 2013 Page 2 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this day of November 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 SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California `AVA CAM OF 9ti CITY / SA / HA / FA MEETING DATE: November 19, 2013 ITEM TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR ONE COUNCIL MEMBER TO ATTEND THE LOCAL GOVERNMENT COMMISSION'S 2013 ANNUAL AHWAHNEE CONFERENCE FOR ELECTED OFFICIALS HELD MARCH 15-17, 2013 AT YOSEMITE NATIONAL PARK RECOMMENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 18 STUDY SESSION: PUBLIC HEARING: Ratify authorization of overnight travel for Mayor Pro Tem Kristy Franklin's attendance at the Local Government Commission's 2013 Ahwahnee Conference for Elected Officials held March 15-17, 2013 at Yosemite National Park. EXECUTIVE SUMMARY: • The Local Government Commission (LGC) assists local governments in establishing and nurturing the key elements of livable communities: a healthier human and natural environment; a more sustainable economy; an actively engaged populace; and an equitable society. • The focus of LGC's 2013 Ahwahnee Conference was to help communities become more vital and economically successful with fewer financial resources (Attachment 1). FISCAL IMPACT: Funds are available in the Legislative Program's Travel, Training and Meetings Account. Mayor Pro Tem Franklin is seeking mileage reimbursement only in the amount of $497.20. BACKGROUND/ANALYSIS: Municipalities continue to seek ways to redefine the path that will lead them to become the communities of the 21 st century. Attendees at the LGC's Ahwahnee Conference had the opportunity to discuss and share ideas regarding such topics as land use decisions, low cost strategies for using community assets, new partnerships for economic prosperity and how to accommodate the new economy in our cities and towns. ALTERNATIVES: As the conference was beneficial to the City and Mayor Pro Tem Franklin is asking for mileage reimbursement only, staff does not recommend an alternative. Report prepared by: Wanda P. Wise -Latta, Executive Assistant Report approved for submission by: Frank J. Spevacek, City Manager Attachment: 1. 2013 Ahwahnee Conference Agenda `AE11 LGC: Past Events: 2013 Ahwahnee Conference FAMATTATM. IMMMUMI ABOUTLGC ISSUES WHAT WE DO EVENTS RESOURCES Events Past Events 2013 Aldwahnee Conference Conference Details ­1­1111­1­111 - 11_­ I Agenda PDF files of all the PowerPoint presentations collected from speakers at the conference are posted on the conference agenda below. They are posted below the speaker's name. If you do not see a PDF file for a particular speaker, they did not use PowerPoint. Conference Agenda Thursday, March 14 — Tudor Lounge, Ahavahnee Hotel 7:30 pm Pre -Conference Session: Local Governments Prepare for Climate Change Moderator: Kate Meis, Associate Director, Local Government Commission Brendan Reed, Environmental Resource Manager, City of Chula Vista Ronteclo(larl (PDF) Bruce Riordan, Climate Consultant, Bay Area Joint Policy Committee Presenotip'n (PDF) Michael McCormick, AICP, Local and Regional Affairs Policy Advisor, Governor's Office of Planning and Research a[esynistkon (PDF) 9:30 pm Adjourn for the evening Friday, March 15 — Tudor Lounge, Ahwahnee Hotel 7:15 Kim Conference Welcome - LGC Board Chain Councilmember Jon Harrison, City of Redlands 7:25 am Participant Introductions - Conference Host: Councilmember Jake Mackenzie, City of Rohnert Park, LGC Board Vice - Chair of Government Relations 8:20 pm Land Use Decisions and the Fiscal Bottom Line Upcoming Events Past Events 2012 2011 2010 2009 2008 2007 2006 2005 2004 2003 215 http://www.lgc,org/events/ahwaluice/2013_agenda,htini 11/14/2013 •:�.1;;,- ��i:q�.liy �ftslJ�CF.-.r.;�:_r:i.;rl ^'+•{'�i�i•. ,, s^:ii,�'itJF=�L'�:Lr�AU�L!j,dt��.�f. 1. �� - - :.t._ - _.. _ .�' Imo_ .. ' .. r.�:+IJ'lll9�.i::r4rlL�Li�.�.. - - - i i �r�•�a •! ._ .� ...- - � - � .. � i r i-. .-_: -._ _ _. I - =Y _�� :�[�:.t�.. -. I"II•i: 1:'•'l�il'`.I'&�;'.-: 1����[1 ��'�V1���:dl�nfi. '�J.'e;.y _ r`�s.Jr - _ _ 7� r+1�n �:. Glenda Humiston, California Director, Rural Development, U,S. Department of Agriculture 10:00am Partnerships for Economic Prosperity Through Energy Efficiency Devon Hartman, Principal, Hartman Energy Strategies Councimember Joe Lyons, City of Claremont 10:45arn Taking It Back Home: Collaborating for Success Rick Cole, Parish Administrator, San Buenaventura Mission Teresa Acosta, Project Consultant, California Forward Strategic Community Action Plan — California Forward www.catool.ord/handboalk 11:00am What Will Your Legacy Be? - Cleveland Juana, The Poterro Group and LID Davis Graduate School of Management 11:30 am I Conference Wrap Up MOil,iE SITE MAP PRIVACY POLICY CONTACT Copyright 0 2008-2010 Local Government Commission. All Rights Reserved. 217 PAP R o� u,tcv � o� V s y ,rY c�tit OF CITY / SA / HA / FA MEETING DATE: November 19, 2013 AGENDA CATEGORY: BUSINESS SESSION: 1 ITEM TITLE: APPROPRIATE FUNDS TO THE COACHELLA VALLEY ECONOMIC PARTNERSHIP IN CONSENT CALENDAR: SUPPORT OF THE IHUB ACCELERATOR NETWORK STUDY SESSION: PROJECT PUBLIC HEARING: RECOMMENDED ACTION: Appropriate funds in the amount of $40,000 to the Coachella Valley Economic Partnership in support of the Coachella Valley iHub/Accelerator Network Project. EXECUTIVE SUMMARY: • The Coachella Valley Economic Partnership (CVEP) and the University of Redlands were awarded a $200,000 federal planning grant to support the development of a Coachella Valley advanced manufacturing innovation center or "hub" ("iHub"). • These grant funds will assist CVEP in creating economic development strategies that recognize the Coachella Valley's advantages as a place to do business utilizing technology and supporting the creation of a manufacturing accelerator program in the Eastern Coachella Valley. • In order to utilize the grant funds, the granting agency requires CVEP to receive $200,000 in local matching funds from regional stakeholders to support the planning initiative and eventual establishment of the iHub. FISCAL IMPACT: Unassigned General Fund reserves for Fiscal Year 2013/2014 would be used to cover this expenditure. BACKGROUND/ANALYSIS: CVEP received the planning grant under the Investing in Manufacturing Communities Partnership (IMCP). There are two phases to the grant process. First, engage in a planning effort and secure local matching funds. Second, CVEP can apply for up to $25 million to implement the strategies developed during the planning effort. The second phase will also require local matching funds, but cannot commence unless the IMCP awards a second phase implementation grant to CVEP. Since CVEP's October 15, 2013 presentation to the City Council, they have refined their scope of work, identified project deliverables, and have worked with neighboring jurisdictions to establish a partnership framework for those agencies contributing to the first phase of the project. Scope of Work CVEP, in partnership with the University of Redlands, will develop an inventory of suitable sites for future business incubators and accelerators through the region using Geographic Information Systems ("GIS)" technology, perform a market analysis to show where sites are most likely to succeed based on data, and utilize the information to develop a future economic growth trends model for the manufacturing and technology sectors in the Coachella Valley. The University of Redlands will conduct workshops with the various stakeholders to discuss the specific challenges of economic development in the region and identify the resulting necessities to adapt business models. Key Deliverables • Develop a GIS tool operated by CVEP and accessed without charge by the City and other CVEP investors; • Conduct an assessment of industry cluster opportunities in advanced manufacturing; • Identify potential iHub and accelerator facilities offered by project partners in the Eastern Coachella Valley; • Recommend career technical training programs to support advanced manufacturing and technology startups; • Develop an international trade and export plan; and • Prepare a business operations plan for the Ihub. A strategic plan will be developed inclusive of elements listed above and it will be submitted on or before September 30, 2014 to the IMCP for the second phase IMCP implementation grant. Partnership Framework CVEP is authorized by the State of California to manage the Innovation Hub program in the Coachella Valley. They have approached the County of Riverside, Coachella Valley Enterprise Zone, and the Cities of Coachella, Indio, and Palm oft Desert for partnership in this project. The Coachella Valley Enterprise Zone has committed $75,000 to the project and the other agencies are considering CVEP's funding request. Should the City elect to support the project, its success is contingent upon at least three other agencies making a similar commitment to the project. The City would serve as a partner and provide one designee to serve on the Partner Advisory Committee, submit potential incubation and/or accelerator facilities for consideration, and be invited to all project workshops and updates. ALTERNATIVES: As this request has not yet been accepted by the County or other Valley cities nor was it anticipated in the FY 2013/2014 budget, City Council may elect to take no action at this time. Report prepared by: Chris Escobedo, Assistant to City Manager Report approved for submission by: Frank J. Spevacek, City Manager `IAi � o� V sy 5. c�tit OF CITY / SA / HA / FA MEETING DATE: November 19, 2013 AGENDA CATEGORY: ITEM TITLE: INTRODUCE ORDINANCE TO REVISE BUSINESS SESSION: 2 TITLE 8 OF THE LA QUINTA MUNICIPAL CODE AND ADOPT THE 2013 CALIFORNIA BUILDING CONSENT CALENDAR: STANDARDS CODE WITH LOCAL AMENDMENTS STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Move to take up Ordinance No. by title and number only and waive further reading; and Move to introduce Ordinance No. on first reading; and Move to set a public hearing for Ordinance No. to be conducted in conjunction with the second reading scheduled for December 3, 2014. EXECUTIVE SUMMARY: • The 2013 California Building Standards Code ("the Code") will be automatically effective for all building permits requested on or after January 1, 2014. • The City may adopt amendments to the Code, provided they are "reasonably necessary due to local climatic, geological, or topographical conditions." • The proposed amendments address hazards created by the City's arid climate, limited rainfall, high temperatures, surrounding mountainous terrain, and earthquakes. • Proposed amendments specific to the 2013 California Fire Code have been recommended by the Riverside County Fire Department. • The Ordinance eliminates redundant text, rescinds adoption of unneeded codes, and reformats text to improve readability. 223 FISCAL IMPACT: None. BACKGROUND/ANALYSIS: The California Building Standards Commission ("Commission") recently adopted the 2013 California Building Standards Code ("Code"). The Code will automatically apply statewide to all applications for building permits submitted on or after January 1, 2014. California Health & Safety Code Section 17958 authorizes local jurisdictions to amend the Code adopted by the Commission upon making express findings that such modifications are reasonably necessary due to local climatic, geological, or topographical conditions. Coinciding with the Commission's triennial adoption schedule, the City has adopted similar ordinances roughly every three years since 1985. While changes to the City's local amendments can be made at any time, the triennial adoption of the Statewide code provides a convenient, regular opportunity to review and modify the affected portions of the Municipal Code for consistency and clarity. The most significant proposed amendment reduces the size of a non-residential building eligible for construction without automatic fire sprinklers. Where, historically La Quinta allowed a building as large as 5,000 square feet without sprinklers, the new provisions will require sprinklers in a building 3,600 square feet or larger in size. In addition, historic adoptions of the Uniform Swimming Pool, Spa and Hot Tub Code and the Uniform Sign Code are eliminated because all necessary provisions for construction and code enforcement related to those items are now contained within other codes. Other changes are primarily for typographical corrections, textual coordination, and cleanup of La Quinta Municipal Code section numbering. A summary of the proposed local amendments is attached (Attachment 1). If approved, the Ordinance will adopt the State -mandated Code with the City's local amendments. In accordance with State provisions, a public hearing is required in conjunction with the second reading of the proposed ordinance. ALTERNATIVES: If no action is taken on this item, the 2013 California Building Standards Code will take effect on January 1, 2014 with no local amendments, which would leave 224 existing text in the La Quinta Municipal Code invalid and in conflict with State law. Therefore, staff does not recommend an alternative. Report prepared by: Greg Butler, Building Official/Emergency Manager Report approved for submission by: Les Johnson, Community Development Director Attachment: 1. Summary of Proposed Local Amendments `1W `�z: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 8 OF THE LA QUINTA MUNICIPAL CODE BY ADOPTING BY REFERENCE THE 2013 CALIFORNIA BUILDING STANDARDS CODE AND CERTAIN SPECIFIED APPENDICES THEREOF, INCLUDING THE 2013 CALIFORNIA ADMINISTRATIVE CODE; 2013 CALIFORNIA BUILDING CODE; 2013 CALIFORNIA RESIDENTIAL CODE; 2013 CALIFORNIA ELECTRICAL CODE; 2013 MECHANICAL CODE; 2013 CALIFORNIA PLUMBING CODE; 2013 CALIFORNIA ENERGY CODE; 2013 CALIFORNIA HISTORICAL BUILDING CODE; 2013 CALIFORNIA FIRE CODE; 2013 CALIFORNIA EXISTING BUILDING CODE; 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE; AND 2013 CALIFORNIA REFERENCED STANDARDS CODE, AND MAKING FINDINGS OF LOCAL CONDITIONS WITHIN THE CITY OF LA QUINTA WHICH MAKE CERTAIN AMENDMENTS TO THE CALIFORNIA BUILDINGS STANDARDS CODE REASONABLY NECESSARY. WHEREAS, California Health & Safety Code Section 17958 mandates that the City of La Quinta adopt ordinances or regulations imposing the requirements of certain uniform industry codes adopted by the State pursuant to Health & Safety Code Section 17922; and WHEREAS, the State of California has adopted the 2013 editions of the California Administrative Code, California Building Code, the California Residential Code, the California Electrical Code, the California Mechanical Code, the California Plumbing Code, the California Energy Code, the California Historical Building Code, the California Fire Code, the California Existing Building Code, the California Green Building Standards Code, and the California Referenced Standards Code, known collectively as the California Building Standards Code, and comprising Title 24 of the California Code of Regulations; and WHEREAS, the California Building Standards Code establishes minimum standards to regulate the construction of buildings throughout the State; and 227 WHEREAS, California Health & Safety Code Section 17958.5 permits the City of La Quinta to make such changes and modifications to the California Building Standards Code as are reasonably necessary because of local conditions; and WHEREAS, the Building Official, the Community Development Director, and the Riverside County Fire Marshal have recommended that changes and modifications be made to the California Building Standards Code and have advised that certain of said changes are reasonably necessary due to local conditions in the City of La Quinta and have further advised that the remainder of said changes and modifications are of an administrative or procedural nature, or concern themselves with subjects not covered by the California Building Standards Code or are reasonably necessary to safeguard life and property within the City of La Quinta. NOW, THEREFORE, the City Council of the City of La Quinta finds and determines, pursuant to the requirements of Health & Safety Code Section 17958.7, that there is a need to adopt the changes or modifications to the California Building Standards Code because of local climatic, topographical, and geological conditions, and does ordain as follows: SECTION 1 . Changes and modifications to the California Building Standards Code adopted by the City of La Quinta, as recommended by the Building Official, the Community Development Director, and the Riverside County Fire Marshal are hereby found to be reasonably necessary due to the following general findings of local conditions: Climatic Conditions: A. La Quinta has an arid desert climate with rainfall averaging just over three inches annually, reducing the moisture content of combustible materials. Frequent periods of drought and low humidity contribute to the probability of a year-round fire season. B. For nearly four months each year, average daily high temperatures in La Quinta reach 100 degrees or higher, reducing the amount of added heat required to bring combustible materials to their ignition point. C. La Quinta is subject to hot, dry winds that further dry combustible materials, adding to the intensity of fires and their potential to spread rapidly. During the summer months the dry winds and existing vegetation mix to create a hazardous fuel condition which has resulted in large loss in vegetation and structure fires. Severe "Santa Ana" winds frequently occur and can move a fire quickly throughout areas of the City. Multiple shifting wind patterns throughout the canyon areas add to the difficulty in suppressing fires. 228 D. High winds cause failures of electrical supply and telephone communication, reducing the reliability of water supply pumps and timely emergency notification. E. Because of weather patterns, water is a scarce commodity in desert environments, and La Quinta and its neighboring areas draw more water from the underground aquifer than is replenished naturally. As a result, the area is dependent upon imported water to reduce the effects of overdrafting from the aquifer. Limited storage capacities, high consumption, and droughts reduce the dependability of future water allocations. Scarcity of water necessitates reducing the need for large volumes of water for firefighting efforts by early suppression through the installation of fire sprinklers in buildings that would otherwise be exempt from sprinkler requirements. F. Under desert conditions, aluminum wiring is more likely than copper to fail mechanically. Aluminum is more reactive than copper to ambient temperature changes as well normal heating produced from the flow of electricity. It expands and contracts when subjected to heating and cooling, respectively, more so than does copper. Compared to copper, its lower electrical conductivity generates more heat. Aluminum is also more brittle than copper and is more likely to break or crimp. Arcing can occur if a wire breaks or crimps, causing very high temperatures inside concealed building spaces. Aluminum is more likely to corrode (i.e., oxidize) than copper. When excessive corrosion occurs it increases the resistance in the circuit and causes overheating. All of these mechanisms of failure increase the risks of fire associated with the use of aluminum wire. II. Topographical Conditions: A. La Quinta is separated from Los Angeles to the west and Phoenix to the east by mountainous terrain, isolating it from media broadcasts of news and emergency information originating from major metropolitan areas. B. Much of La Quinta, particularly the southern portion, is situated in alluvial fans, surrounded by mountains, isolating it from media broadcasts of news and emergency information originating from within the Coachella Valley. C. Major roadways, highways, and flood control channels create barriers that increase Fire Department response times. Undulating terrain incorporated into large country clubs also increases these response times. D. Streets designed for limited residential traffic and streets designed as storm drains impede emergency vehicle access and evacuation routes. `N III. Geological Conditions: A. La Quinta is situated in near several significant sources capable of producing moderate to large earthquakes, including the San Andreas, Garnet Hill, Banning, Eureka Peak, Burnt Mountain, Pinto Mountain, San Gorgonio Pass, and San Jacinto Faults. B. Faults near La Quinta are capable of producing earthquakes of Magnitude 7.8 or greater, accompanied by intense shaking, liquefaction, and permanent ground displacement, increasing the risk of property damage, or personal injury or death, caused by the failure of structures, necessitating the permitting and inspection of structures that would otherwise be exempt from permit requirements. C. Seismic activity within the area occurs yearly. As a result, existing structures and planned new development are subject to serious risks, including fire and collapse, disruption of the water supply for firefighting purposes, and isolation from emergency response as a result of bridge, overpass, and road damage and debris. D. Severe ground shaking during a seismic event increases the probability that above -ground structures will fail. The inherent danger to the public is increased when power lines are installed above ground because of the danger from falling or fallen power poles and the possibility of contacting live power lines. IV. Other Conditions: A. Additional amendments are found to be either administrative or procedural in nature or concern themselves with subjects not covered in the California Building Standards Code. These changes include provisions making the California Building Standards Code compatible with other codes enforced by the City. SECTION 2. As recommended by the Building Official, Community Development Director, and the Riverside County Fire Marshal, the following local amendments to the 2013 California Building Standards Code are hereby found to be reasonably necessary as identified in the table below and referenced to the express findings noted in Section 1, above. Local Code Amendments and Express Findings of Necessity Code Legend: CBC = California Building Code; CRC = California Residential Code; CEC = California Electrical Code; CFC = California Fire Code; LQMC = La Quinta Municipal Code PAIN Code Amended Section Express Finding LQMC 8.01 .020 IV.A LQMC 8.01 .030 IV.A CBC 105.2 III.A, III.B, IV.A CBC 903.2 I.A, I.B, I.C, II.D CBC 1505.1.5 I.A, I.B, I.C, II.D CBC 3109.4.4.3.1 IV.A CEC 120 III.D CEC 310.10 I.F CEC 820.1.1 ILA, ILB CEC 841.1 ILA, ILB CFC 103.4.2 IV.A CFC 104.3.2 IV.A CFC 104.12 IV.A CFC 109.4 IV.A CFC 202 IV.A CFC 308.1.6.3 I.A, I.C, I.E CFC 404.2 IV.A CFC 503.1 .1 I I. D CFC 503.2.2 I I. D CFC 503.3 I I. D CFC 503.7 I I. D CFC 504.1 I I. D AEI CFC 507.5.5 I I. D CFC 507.5.7 I I. D CFC 507.5.8 I I. D CFC 508.1 I I. D CFC 606.10.1.2 II.C, ILD, III.0 CFC 903.2 I I. D CFC 903.3.5.3 II.D, IV.A CFC 3204.2.1 ILD, IV.A CFC 4904.3 IV.A CFC B105.2 ILD, IV.A CFC C102.1 II.D, IV.A CFC Appendix Chapter D IV.A CFC Appendix Chapter I IV.A CFC Appendix Chapter J IV.A CFC Appendix Chapter K IV.A CRC R105.2 III.A, III.B, IV.A CRC R905.1.5 I.A, I.B, I.C, II.D SECTION 3. A copy of this Ordinance adopting the 2013 California Administrative Code, the 2013 California Building Code, the 2013 California Residential Code, the 2013 California Electrical Code, the 2013 California Mechanical Code, the 2013 California Plumbing Code, the 2013 California Energy Code, the 2013 California Historical Building Code, the 2013 California Fire Code, the 2013 California Existing Building Code, the 2013 California Green Building Standards Code, and the 2013 California Referenced Standards Code, along with the findings, amendments, additions, and deletions, shall be filed with the California Building Standards Commission at 2525 Natomas Park Drive, Suite 130, Sacramento, CA 95833 by the City Clerk of the City of La Quinta. `AYA SECTION 4. ADOPTION OF BUILDING AND CONSTRUCTION REGULATIONS. There is hereby adopted an amendment, attached hereto as Exhibit A, to Title 8 of the La Quinta Municipal Code, entitled "Buildings and Construction," which is incorporated as fully as if set out in full herein, for the purpose of prescribing regulations governing conditions related to building and construction and activities including those certain documents specifically described in said Exhibit A, save and except certain specified portions which are hereinafter deleted, modified, or amended within various Chapters of said Title 8, of which documents being adopted by reference copies are on file with the Building Official and the same are also hereby adopted and incorporated as fully as if set out at length herein. SECTION 5. VALIDITY. If any section, subsection, clause, or phrase of this Ordinance, or of any code adopted thereby is, for any reason, held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance or of any code adopted thereby. The City Council hereby declares that it would have passed this Ordinance and each section or subsection, sentence, clause, and phrase thereof, and each code adopted thereby irrespective of the clauses or phrases being declared invalid. SECTION 6. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 7. POSTING. The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this 19t" day of November 2013, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 233 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 *Ordinances are adopted on second reading. 234 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. (enter number) which was introduced at a regular meeting on the (date) day of (month), (year), and was adopted at a regular meeting held on the (date) day of (month), (year), not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in City Council Resolution No. 2006-1 1 5. SUSAN MAYSELS, City Clerk City of La Quinta, California DECLARATION OF POSTING I, SUSAN MAYSELS, City Clerk of the City of La certify that the foregoing ordinance was posted on Council Resolution. SUSAN MAYSELS, City Clerk City of La Quinta, California Quinta, California, do hereby , pursuant to `AR `AI: EXHIBIT "A" Note: In this Exhibit, Code text is differentiated as follows: Existing language to remain unchanged is displayed in standard font. Existing language to be deleted is displayed in strikethreugh feRt New or revised language is displayed in underlined, italic font. Title 8 of the La Quinta Municipal Code, entitled "Buildings and Construction," shall be amended as follows: 1. Section 8.01.010, entitled "Adoption of the California Administrative Code," shall be amended to read as follows: Certain documents marked and designated as the "2013 California Administrative Code,"zn1n Galifereia ndmieiStFatoye Cede," published by the California Building Standards Commission, are adopted for establishing administrative, organizational and enforcement rules and regulations for technical codes which regulate site preparation and construction, alteration, moving, demolition, repair, use and occupancy of buildings, structures and building service equipment. Eaeh and all of the FegulatiGRS, PFGVISIBRS, �rids Rs and eh a '1 0 olif^rriio / dFRORistratoye Ged-- n rrcrrti'�rr.�—cn�c��er,� �r'r—z v ��� published by the Calif^rriio B uildiRg C lords G T i�, eR file OR the b uildiRg and safety d or+meRti ore referred and FRade o part heree f a � full e+ eU t OR thin hapteeFeceeptas e+her. PFE)VOEleEl OR thiS ehapteF. Each and all of the regulations, provisions, conditions and terms therein, on file with the building official, are referenced and made a part hereof as if fulty set out in this chapter, except as otherwise provided in this chapter. 2. Section 8.01.030, entitled "Construction site security and debris," shall be renumbered as "8.01 .020." The body text shall be amended to read as follows: A. The owner, contractor, or responsible party constructing a new building, addition, or alteration to an existing building shall maintain security measures as deemed necessary or as required by the building official to control vandalism, fires, blowing dust, sand or debris. B. Except as permitted by Subsection 8.01.020(E) of this code, the The owner, contractor, or responsible party constructing a new building, addition, or alteration to an existing building, shall keep the construction site clean by having onsite an all metal, minimum three yard capacity, container with hinged lid (except rolloff containers), compatible for use with standard trash 237 removal trucks, commonly referred to as dumpsters, for the depositing of trash and debris. Containers are to be provided by commercial trash collection companies and shall not be placed in the right-of-way. As used in this section, "trash and debris" shall include papers, cartons, bottles, cans, garbage, roofing materials, insulation, plaster, concrete, boards, and other substances that may be accumulated as a result of construction activities. C. A trash container shall remain on the construction site until immediately precedinghe b uildiRg ORSpeete; has eempleted the final inspection. Said container shall be emptied of its contents on a regular schedule or as ordered by the building inspector in order to avoid blowing debris or other public nuisances. D. Disposal shall be by transportation to a legally established dump site by the city's refuse contractor or other person authorized by law to remove any container from the location where the container was placed by the person in charge for storage and collection. E. Subject to the rules and regulations of the city's refuse contractor, the building official may permit the contractor of record of any permitted construction project to self -haul construction debris to an approved dump site. Such permission by the building official shall be in writing and may be revoked at anv time. F. Refusal to comply with this section shall be a misdemeanor and sufficient cause for the suspension of the issued building permit pending compliance. 3. Section 8.01.040, entitled "Violation —penalty," shall be renumbered as "8.01 .030." The body text shall be amended to read as follows: It is unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any structure, or equip, cause, or permit the same to be done, contrary to or in violation of any of the provisions of this title. Any person, firm, or corporation violating, or failing to comply with, any of the provisions of this title or a code adopted in this title is guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this title or such code is committed, continued, or permitted, It i-s U. lawf„I f^F apy move, improve, remove, GeRyer+ er demolish, a ----,-,Se er permit the come4e b deRe, Ge y to Ar inyielotier, of aRY of the PFeVicieRS of this title. pew"', firm er eerrratier, iieiatiRg, eF frn�ailiRg—te eemply with, aRY of +hr, of this totle OF a eE)Ele adepted OR this title is guilty of a sepaF 238 f of the of +him. title h El d Rtir, d rn crcr�9�-&l�v rrC�cr�FrC�rrrri-rF��ec�E��-rcn-rcrc a--vr and upon conviction of any such violation, such person shall be punishable by a fine of not more than five hundred dollars or by imprisonment for not more than six months, or by both such fine and imprisonment. The application of the penalty provided in this section shall not be held to prevent the abatement of prohibited conditions as a public nuisance as provided by Section 1.01 .250 of the La Quinta Municipal Code. 4. Section 8.02.010, entitled "Adoption of the California Building Code" shall be amended to read as follows: Certain documents marked and designated as the "2013 California Building Code" " z 1 0 Galif^rr,ia B uildiRg r-ede- Volumes 1 and 2, including Appendix Chapter C (Group U — Agricultural Buildings), Appendix Chapter F (Rodentproofing), Appendix Chapter H (Signs), Appendix Chapter I (Patio Covers), and Appendix Chapter J (Grading) published by the California Building Standards Commission are adopted for regulating the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures. , and moire ^f all h ildiRgS ^r str� ^h and all of +h^ una�rrarrrE�v�--arr—vl�Tra-rr-r�a vi—�crcrES . € a v�--crrc r^�atieRS, r.r^dice^r,c, E6Rd+ti-eRs and—ter, ef su^h"2010 r`al ea B uildiRg Gede n published by the Galif^rriia B �ildiRg Standards Ge FRFRissi^ri , v ccn�a"cn'a�T. vrrn-rtrs,�n7'rr OR file, OR the b UildiREI REI safety aFtFR Rti r�TeEte REI aEle ,r+ a Each and all of the regulations, provisions, conditions and terms therein, on file with the building official, are referenced and made a part hereof as if fulty set out in this chapter, except as otherwise provided in this chapter. 5. Section 8.02.020, entitled "Deletion of certain parts of the California Building Code," shall be retitled "Work exempt from permit." The body text shall be amended to read as follows: Subsection 105.2 of Section 105 of the California Building Code is amended by deleting the subheading "Building" and its listed items 1 through 13 and replacing them with the following: Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area is not greater than 120 square feet (1 1 m2). 2. Fences and non -retaining masonry walls not over 3 feet (914 mm) in height measured from finished grade. REA ,,. „r :7 feet (21 34 mm` h 3. Oil derricks. 4. Retaining walls that are not over 2 feet (609 mm) " feet H Fp,p } in height measured from finished grade to the top of the wall44e bttem of the fee#p ", unless supporting a surcharge or impounding Class I, II or IIIA liquids. 5. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons (18,925 L) and the ratio of height to diameter or width is not greater than 2:1 . 6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route. 7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 8. Temporary motion picture, television and theater stage sets and scenery. 9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18,925 L), and are installed entirely above ground. 10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems. 11. Swings and other playground equipment accessory to detached one- and two-family dwellings. 12. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches (1 ,372 mm) from the exterior wall and do not require additional support. 240 13. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1,753 mm) in height. All such structures must comply with the setback and height requirements of the La Quinta Municipal Code, as applicable. Unless otherwise exempted, separate plumbing, electrical, and mechanical permits are required for the above -exempted items. 6. Section 8.02.030, entitled "Automatic fire -extinguishing systems," shall be amended to read as follows: Section 903.2 of the 2013 California Building Code £fie is amended to read as follows: Where Required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in Sections 903.2.1 through 903.2.12. Those requirements notwithstanding, an approved automatic sprinkler system shall be installed throughout any new building or structure where the fire area is 3,600 square feet or greater.e)(eeeds6,000 squaFe feet-, 7. Section 8.02.040, entitled "Fire -retardant roofing materials required" shall be amended to read as follows: Section 1505. 1.5 of the 2013 California Building Code is added to read as folio ws: 1505. 1.5 Roof coverings within the City of La Quinta. With the exception of patio covers and similar structures, as determined by the building official, roof covering shall be of a Class A rating and shall otherwise comply with the 2013 California Building Code. `zsi Exception: At the discretion of the building official, a waiver may be granted when all of the following conditions exist: 1. The scope of work is an addition or roof repair. and: 2. The newly roofed area consists of less than 25 percent of the existing roof area, and, 3. The existing combustible roof was constructed not more than 25 years prior to currently proposed work. - Me 8. Section 8.02.050, entitled "Swimming pool, spa, and hot tub regulations" is added to read as follows: Section 3109.4.4.3.1 of the 2013 California Building Code is added to read as follo ws: 3109.4.4.3.1 Additional pool barrier requirements. The following fencing requirements shall apply to private swimming pools located on individual residential lots: 1. Every person who owns or who is in possession of land upon which a swimming pool is located shall construct and maintain in good condition, completely surrounding such parcel of land or the swimming pool itself, an enclosure not less than five feet in height, consisting of a fence, wall, buildings, or a combination thereof. Exception: Within a walled, .gated community, when the swimming pool is located in a rear or side yard that abuts a golf course or other common open space, a wall or fence shall not be required to separate said rear or side yard from said golf course or other common open space. `zy 2. The enclosure shall be constructed of substantial material, as allowed elsewhere in the La Quinta Municipal Code, and shall have all of the following characteristics: a. Any access gates through the enclosure are self -closing with a self -latching device placed no lower than 60 inches (1524 mm) above the ground. b. A minimum height of 60 inches (1524 mm). c. A maximum vertical clearance from the ground to the bottom of the enclosure of 2 inches (51 mm). d. Gaps or voids, if any, do not allow passage of a sphere equal to or greater than 4 inches (102 mm) in diameter. e. An outside surface free of protrusions, cavities or other physical characteristics that would serve as handholds or footholds that could enable a child below the age of five years to climb over. 9. Section 8.03.010, entitled "Adoption of the California Electrical Code" shall be amended to read as follows: Certain documents marked and designated as the "2013 California Electrical Code," "2010 GalifeFRia €leetri^aI�e" published by the California Building Standards Commission, are adopted for safeguarding persons and property from hazards arising from the use of electricity. €a^h and all EleetrFeal Gede," published by the alif^rriia BuildiRg C+or+ ? GE) ' erg file OR the b uildiRg aR d ,-7 safety ar+meRt , are referred to aR d made a ear+ �a oofi thisea e a if fully set E)Ht OR +him. ehap er Each and all of the regulations, provisions, conditions and terms therein, on file with the building official, are referenced and made a part hereof as if fulty set out in this chapter, except as otherwise provided in this chapter. 10. Section 8.03.020, entitled "Deletion of certain parts of the California Electrical Code" shall be retitled "Underground wiring required." The body text shall be amended to read as follows: 243 Article 120 of the 2013 California Electrical Code is added to read as folio ws: ARTICLE 120 Underground Wiring Required 120.1 Scope. This article covers the general requirements for restricting the installation of above -ground electrical and other utility components in new construction. and Dhasina out their use in existina installations. 120.2 Definitions. See Article 100. For the purposes of this article, the following additional definitions apply. Community Antenna Television System (or CATV). A system of antennas, coaxial cables, wires, wave guides, or other conductors, equipment, or facilities designed, constructed, or used for the purpose of providing television or FM radio service by cable or through its facilities. Cost of Replacing. Those costs as computed by the Building Official or his or her designee. In making said computation, said City Official shall use those tables and figures provided in that publication entitled "Building Standards," as published by International Code Council, Whittier, California, and which is current at the time of such computations. Said tables and figures shall apply to a building which would conform to all City and State Regulations, including the City's Building, Plumbing, Wiring, Mechanical, Fire Codes and Zoning Regulations, which are effective at the time of the computation. Poles, Wires, and Associated Structures. Poles, towers, supports, wires, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments, and appurtenances used in whole or in part for supplying, distributing or transmitting electric energy, radio signals, television signals, telegraphic signals, CA TV services, or an y similar associated services to a building or structure and the occupants thereof, if any. Also referred to collectively in this article as "utility facilities. " Utility. All persons or entities supplying, transmitting, or distributing electrical energy and service, radio signals, television signals, telegraphic signals, and providing telephone, electrical, light, radio, television, telegraphic, and CA TV services or any similar associated services by means of poles, wires, and associated structures. 244 120.3 Prohibition. Except as provided in Article 120.4, no person shall construct, install, or place above the surface of the ground any poles, wires, and associated structures, regardless of the use or proposed use of the structure or building to be served thereby. 120.4 Exceptions. The provisions of this article shall not apply to the following poles, wires, and associated structures under the circumstances described herein: (A) Termination Point for Overhead Utility Facilities. Utility facilities constructed, placed, or installed (referred to herein collectively as "constructed"), or proposed to be constructed within six feet of the lot line of any real property for which service is being or intended to be provided by said utility facilities, if the sole purpose of the construction of utility facilities is to terminate overhead utility facilities. Such utility facilities may be placed at a distance further than six feet from said lot line to enable a maximum underground run of two hundred feet. (B) Ground -mounted Equipment. Ground -mounted transformers, pedestal -mounted terminal boxes, meter cabinets, concealed ducts, and other appurtenances and associated equipment, which are part of and necessary for the operation of an underground electrical, communication, CA TV, radio, or telegraphic system. (C) Temporary Facilities. Utility facilities installed by a utility for temporary purposes, including, but not limited to, servicing building construction projects for which valid building permits have been issued by the City, and which uses are being or proposed to be conducted in compliance with all requirements of this code, the remainder of the California Building Standards Code, and the La Quinta Municipal Code. (D) High Voltage Installations. Utility facilities distributing, supplying, and transmitting electrical energy at 34,000 Volts or greater. 120.5Initial Obligation. The owner, lessee, tenant, or occupant of a building or structure or the owner of property proposed to be developed by a building or structure has the initial obligation to comply with all the requirements of this article, and in performance of said obligation shall make the necessary arrangements with the appropriate utility for the installation and construction of utility facilities so that they will be in compliance with the provisions of this article. This section is not intended to eliminate or limit the obligation of any person, including a utility, to comply at all times with all provisions of `z this article, but expresses the intent of the La Quinta City Council as to who has the primary obligation of compliance. 120.6 Waiver. If any person believes that the application of any provision of this article is impractical and will cause practical difficulties and unnecessary hardship to him or her or the public in general due to certain topographical conditions, street configurations, underground obstacle, soil, water or other natural conditions which would make the underground installation of utility facilities unreasonable, said person may apply in writing to the Community Development Department for a waiver of such provision of this article. Said application shall be filed with the Community Development Department and the City Council shall consider said application no later than thirty (30) days thereafter, at which time it shall hear the Applicant's evidence in support of the application, the comments and recommendations of the City's employees and officials thereon. It may hear other parties. The City Council may grant a waiver from all or any provisions of this article after considering a specific application therefor and after making a finding that the application of the specific provision in question would be unreasonable, impractical and cause undue hardship to the Applicant or the general public. If the City Council does grant a waiver, it may impose reasonable conditions on said grant in the interest of protecting and preserving the public health, safety and general welfare. The City Council shall make its decision on the application no later than thirty (30) days after it has concluded its consideration thereof. The decision of the Citv Council shall be final. 120.7 Nonconformance: Continuance and Termination. (A) Nonconformance. Any legally established utility facility not in conformity with the provision of this article as of the effective date of this ordinance shall be considered nonconforming. (B) Nonconforming Utility Facilities Not Relocated. Any nonconforming utility facility may continue to be used and may be renewed, altered, enlarged, or have additions thereto in its existing location without any provisions of this article being applicable thereto. However, when any building or structure to which any nonconforming utility facility provides any service is enlarged or an addition is made thereto where the cost of replacing said building or structure including its addition or enlargement exceeds by 50 percent the cost of replacing said building or structure prior to its enlargement or the addition thereto, all utility facilities that provide service to such building or structure, as described in the aforesaid clause, shall be caused to comply with all provisions of this article. `z1: (C) Nonconforming Utility Facilities Relocated. Whenever an existing service is relocated on nonconforming property, or a new service is established on nonconforming property, any such relocated or new service shall be caused to comply with all the provisions of this article. 11 . Section 8.03.030, entitled "Underground wires" shall be retitled "Copper wire required." The existing body text shall be deleted in its entirety and replaced to read as follows: Section 310.10 of the California Electrical Code is amended to read as folio ws: 310.10 Uses Permitted. The conductors described in 310.104 shall be permitted for use in any of the wiring methods covered in Chapter 3 and as specified in their respective tables or as permitted elsewhere in this Code. However, aluminum conductors shall only be permitted for use to feed main electrical panels or sub -panels. Such aluminum conductors shall not be smaller than size 1/0 A W(; _ (Note: The Informational Note for Section 310. 10 and all text in Sections 310. 10(A) through 310. 10(H) shall remain unchanged.) 12. Section 8.03.040, entitled "Minimum size of conductor" shall be retitled "Telephone jacks and television cable outlets." The body text shall be amended to read as follows: A. Section 820.1.1 of the 2013 California Electrical Code, entitled "Television Cabling Required, "is added to read as follows: 820. 1. 1 Television Cabling Required. (A) General Requirement. All newly constructed residences shall be pre -wired for cable television. For the purposes of this section, "pre - wired" shall mean the installation of wires within a structure at the time of construction in such a manner as to be rendered inaccessible by the structure or finish of the buildina except at reauired outlets. 247 (B) Required Outlet Locations. Television cable outlets shall be provided in all habitable rooms in a dwelling unit except kitchens and dining areas. B. Section 841. 1 of the 2013 California Electrical Code, entitled "Telephone Cabling Required, -is added to read as follows: 841. 1 Telephone Cabling Required. (A) General Requirement. All newly constructed residences shall be pre -wired for telephone. For the purposes of this section, "pre -wired - shall mean the installation of wires within a structure at the time of construction in such a manner as to be rendered inaccessible by the structure or finish of the building except at required outlets. (B) Required Outlet Locations. Telephone outlets shall be provided in all habitable rooms in a dwelling unit except dining areas that are immediately adjacent to a kitchen or living room. 13. Section 8.03.050, entitled "Telephone jacks and television cable outlets," shall be deleted in its entirety. 14. Section 8.04.010, entitled "Adoption of the California Plumbing Code" shall be amended to read as follows: Certain documents marked and designated as the "2013 California Plumbing Code," " " including all appendices, published by the California Building Standards Commission, are adopted for regulating the erection, installation, alteration, addition, repair, relocation, replacement, maintenance, or useFnaiRT Ranee er use of any plumbing system. EaGh and all of the remulatie r,FEMSieRS GeRditieRs a—c Rd terms of sue r—' 201-O Galiferriia DIumhiRg Gede" in lI Ji- iRg all its ar�r�eRdi published by toe �rT —a-p perraTC�s ,�u�ri ca--py--crrc i OR file OR the buildiRg aREI Safetry EepaFtFR Rt a Fef.,rreEl to ar+ heFeef as if f� IIIy set O t OR +him. 248 Each and all of the regulations, provisions, conditions and terms therein, on file with the building official, are referenced and made a part hereof as if fully set out in this chapter, except as otherwise provided in this chapter. 15. Section 8.04.020, entitled "Deletion of certain parts of the California Plumbing Code" shall be deleted in its entirety. 16. Section 8.05.010, entitled "Adoption of the California Mechanical Code" shall be amended to read as follows: Certain documents marked and designated as the "2013 California Mechanical Code- "2010 GalifeMia nneehaRT^'I Gede" including all appendices, published by the California Building Standards Commission, are adopted for regulating and controlling the design, construction, installation, quality of materials, location, operation, and maintenance maiRteRaR ^^ or use of heating, ventilating, cooling, refrigeration systems, incinerators, anRGOReFate,=s—and other miscellaneous heat -producing appliances. �^EEae.,,d h �all „f the reg ulo� .,FEMS0eRS oe�t+e s and-terms vI 1 ^vGalifeMia MeehaRieal i OR file OR the bUildiRg and Safetry ElepaF+.v eRt aFe feFFeEt6 and FRaEle a paFt of this Cade, as Of f II et 0H Each and all of the regulations, provisions, conditions and terms therein, on file with the building official, are referenced and made a part hereof as if fulty set out in this chapter, except as otherwise provided in this chapter. 17. Section 8.05.020, entitled "Deletion of certain parts of the California Mechanical Code" shall be deleted in its entirety. 18. Chapter 8.06, entitled "SWIMMING POOL, SPA AND HOT TUB CODE" shall be retitled "RESIDENTIAL CODE." 19. Section 8.06.010, entitled "Adoption of the Uniform Swimming Pool, Spa and Hot Tub Code" shall be retitled "Adoption of the California Residential Code." The body text shall be amended to read as follows: Certain documents marked and designated as the "2013 California Residential Code," including Appendix H (Patio Covers), published by the `z California Building Standards Commission are adopted for regulating the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every detached one- and two-family dwelling, townhouse not more than three stories above grade plane in height with a separate means of egress and structures accessory thereto. Each and all of the regulations, provisions, conditions and terms therein, on file with the building official, are referenced and made a part hereof as if fulty set out in this chapter, except as otherwise provided in this chapter. ._ AA:- - -- -- - --- .. - -- - - --- - -- - - -- - -- - --- -- -- - - - --- -- - -- -- -- - - -- - -- - -- -- -- -- - - -- -- ----- -- - -- - - - - - - � ---- -- --- - - -- MA, - --- -- --- - -- - -- -- -- - - -- --- -- -- - -- - - ._ .. a AVE „_ 20. Section 8.06.020, entitled "Deletion of certain parts of the Uniform Swimming Pool, Spa and Hot Tub Code," shall be retitled "Work exempt from permit." The body text shall be amended to read as follows: Subsection R 105.2 of Section 105 of the California Building Code is amended by deleting the subheading "Building" and its listed items 1 through 10 and replacing them with the following: Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (1 1 .15 m2). 2. Fences and non -retaining masonry walls not over 3 feet (914 mm) in height measured from finished grade. r,,,t E)ver :7 feet (2134 mm` 3. Retaining walls that are not over 2 feet (609 mm) in height measured from finished grade, ^ feet H 219 mm) ;R height measured `U7t unless supporting a surcharge. 4. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18,927 L) and the ratio of height to diameter or width does not exceed 2 to 1 . 5. Sidewalks and driveways. 6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 7. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18,925 L), and are installed entirely above ground. 8. Swings and other playground equipment. 9. Window awnings supported by an exterior wall which do not project more than 54 inches (1,372 mm) from the exterior wall and do not require additional support. 10. Decks not exceeding 200 square feet (18.58 m2) in area, that are not more than 30 inches (762 mm) above grade at any point, are not attached to a dwelling, and do not serve the exit door required by Section R311.4. All such structures must comply with the setback and height requirements of the La Quinta Municipal Code, as applicable. Unless otherwise exempted, separate plumbing, electrical, and mechanical permits are required for the above -exempted items. 21. Section 8.06.030, entitled "Swimming pool defined," shall be retitled "Fire - retardant roofing materials required." The body text shall be amended to read as follows: Section R902. 1.5 of the 2013 California Residential Code is added to read as fn//n finis f��SI 1505. 1.5 Roof coverings within the City of La Quinta. With the exception of patio covers and similar structures, as determined by the building official, roof covering shall be of a Class A rating and shall otherwise comply with the 2013 California Residential Code. Exception: At the discretion of the building official, a waiver may be granted when all of the following conditions exist: 1. The scope of work is an addition or roof repair. and: 2. The newly roofed area consists of less than 25 percent of the existing roof area, and, 3. The existing combustible roof was constructed not more than 25 years prior to currently proposed work. - - M.N.. . WN i -.1M.N.- -1 •. 1..--.-----.--.---.-----W I 22. Section 8.06.040, entitled "Fencing requirement," shall be deleted in its entirety. 23. Section 8.06.050, entitled "Additional safety requirements," shall be deleted in its entirety. 24. Chapter 8.07, entitled "SIGN CODE" shall be retitled "GREEN BUILDING STANDARDS CODE." 25. Section 8.07.010, entitled "Adoption of the Uniform Sign Code" shall be retitled "Adoption of the California Green Building Standards Code." The body text shall be amended to read as follows: Certain documents marked and designated as the "2013 California Green Building Standards Code,- published by the California Building Standards Commission are adopted to improve public health, safety and general welfare by enhancing the design and construction of buildings through the use of building concepts having a reduced negative impact or positive environmental impact and encouraging sustainable construction practices. Each and all of the regulations, provisions, conditions and terms therein, on file with the building official, are referenced and made a part hereof as if fully set out in this chapter, except as otherwise provided in this chapter. - - M.- - ---- -- --- --- il-10-0-11 - - -- MINION 27. Section 8.08.010, entitled "Adoption of the California Fire Code" shall be amended to read as follows: Certain documents marked and designated as the "2013 California Fire Code,- including Chapter 1, Division ll and Appendix B (Fire -Flow Requirements for Buildings), Appendix C (Fire Hydrant Locations and Distribution), Appendix E (Hazard Categories), Appendix F (Hazard Ranking), Appendix G (Cryogenic Fluids - Weight and Volume Equivalents), and Appendix H (Hazardous Materials Management Plan and Hazardous Materials Inventory Statements), published by the California Building Standards Commission are adopted for the purpose of establishing the minimum requirements consistent with nationally recognized good practice for providing a reasonable level of life safety and property protection from the hazards of fire, explosion, or dangerous conditions in new and existing buildings, structures, and premises, and to provide safety to firefighters and emergency responders during emergency operations within the City. "2010 Q fer B iliiRgS), /eeeRdix QQ (Fire TFlew Q feT Qtjil ), AeeeRdix G (Fire I --I ydra Rt Leeat+e s aR d Distrib tieR), AppeR.Iiv i'Fore LJydraRt Leeat+eRs aR d DistributioR), AppeRdix D (Fire Apparatus 253 - -- - --- -- • ----- - - - -- --- -- ---- - -_ - Each and all of the regulations, provisions, conditions and terms therein, on file with the building official, are referenced and made a part hereof as if fulty set out in this chapter, except as otherwise provided in this chapter. and all rem latierrc , PFeVicieRS , Ger rRrirders and termsof s aeh —"2�01 0 GalifeMia safety departmeRt are referred te and FRade a part ef this eede as Of fully 28. Section 8.08.020, entitled "Deletion of certain parts of the California Fire Code" shall be amended to read as follows: The following portions of the 2013 California Fire Code 2010 GalifeMia Ciro £fie are deleted: Section 109.4 (Violation penalties) Geeti„R 108 (Q„aFd E Appeals). 29. Section 8.08.030, entitled "Violation —Penalty," shall be retitled "Authority of the Fire Chief and Fire Department." The body text shall be amended to read as follows: A. A new Section 104.3.2 is added to Section 104.3 of the California Fire Code to read as follows: 104.3.2. Authority of the Fire Chief and Fire Department. 1. The Fire Chief is authorized and directed to enforce all applicable State fire laws and provisions of this ordinance and to perform such duties as directed by the City Council. 2. The Fire Chief is authorized to administer, interpret and enforce this ordinance. Under the Fire Chief's direction, the Riverside County Fire Department is authorized to enforce ordinances of Riverside County pertaining to the following: a. The prevention of fires. 254 b. The suppression or extinguishment of dangerous or hazardous fires. c. The storage. use and handlina of hazardous materials. d. The installation and maintenance of automatic, manual and other private fire alarm systems and fire extinguishing equipment. e. The maintenance and regulation of fire escapes. f. The maintenance of fire protection and the elimination of fire hazards on land, in buildings, structures and other property, including those under construction. g. The maintenance of means of egress. h. The investigation of the cause, origin and circumstances of fire and unauthorized releases of hazardous materials. 3. The following persons are hereby authorized to interpret and enforce the provisions of this ordinance and to make arrests or issue citations as authorized by law: a. The Unit Chief, Peace Officers and Public Officers of the California Department of Forestry and Fire Protection. b. The Fire Chief, Peace Officers and Public Officers of the Riverside County Fire Department. c. The Police Chief and any Police Officer of any city served by the Riverside County Sheriff Department. e. Officers of the California Hiahwav Patrol. f. Code Compliance Officers of the City of La Quinta. g. Peace Officers of the California Department of Parks and RPrrPatinn_ h. The law enforcement officer of the Federal Bureau of Land Management. B. A new Section 104.12 is added to Section 104 of the California Fire Code to read as follows: `i 104. 12 Authority of the Fire Chief. Except upon National Forest Land, the Fire Chief is authorized to determine and announce the closure of any hazardous fire area or portion thereof. Any closure by the Fire Chief for a period of more than fifteen (15) calendar days must be approved by the City Council within fifteen (15) calendar days of the Fire Chief's original order of closure. Upon such closure, no person shall go in or be upon any hazardous fire area, except upon the public roadways and inhabited areas. During such closure, the Fire Chief shall erect and maintain at all entrances to the closed area sufficient signs giving notice of closure. This section shall not prohibit residents or owners of private property within any closed area, or their invitees, from going in or being upon their lands. This section shall not apply to any entry, in the course of duty, by a peace officer, duly authorized public officer or fire department personnel. -- -- - - - --- -- -- -- - -- -- - --- - - - - Gan�`JOTi>guilty r separate ff nr+�eTeanh day er PaFtier'r three thisehaTteF iSi eE)FRFR0tted, eeRti Red, OF peFFRfitted by ehpeFSOR -,f+.,. Retifieatie"' of the i.,i+;alyielatiOaREI shall be PHRishable +h.,.ek) aS PFE)Vid hereiter. 30. Section 8.08.040, entitled "Appeals," shall be retitled "Definitions." The body text shall be amended to read as follows: Section 202 of the California Fire Code is amended to add the following definitions_ `�7: CALIFORNIA FIRE CODE. The 2013 Fire Code part of the California Building Standards Code, also known as California Code of Regulations, Title 24, Part 9. CALIFORNIA RESIDENTIAL CODE. California Code of Regulations, Title 2 Part 2.5. FIRE CHIEF. The Fire Chief of Riverside Countv or the Fire Chief's desionee. FIRE PROTECTION ENGINEER. A professional engineer with the education and experience to understand the engineering problems related to safeguarding life and property from fire and fire -related hazards, to identify, evaluate, correct or prevent present or potential fire and fire related panic hazards in buildings, groups of buildings, or communities, and to recommend the arrangement and use of fire resistant building materials and fire detection and extinguishing systems, devices, and apparatus in order to protect life and property. HAZARDOUS FIRE AREA. Private or public land not designated as state or local fire hazard severity zone (FHSZ) which is covered with grass, grain, brush or forest and situated in a location that makes suppression difficult resulting in great damage. Such areas are designated on Hazardous Fire Area maps filed with the office of the Fire Chief. SKY LANTERN. An airborne lantern typicalty made of paper, Mylar, or other lightweight material with a wood, plastic, or metal frame containing a candle, fuel cell, or other heat source that provides buoyancy. - -- - - - -- -- - - - - - - -- -- - - -AAA - -- -- - - ---- - - - - - -- -- - - - AAA - --- -- - - - --- -- -- -- - - -- - - -- -- --- - -- - -- IM AA A -- -- - -- - -- -- --- -- -- -- - -- - - - 10111 -- .. .. .. 31. Section 8.08.050, entitled "Fire apparatus access roads," shall be retitled "General amendments to the California Fire Code." The body text shall be amended to read as follows: 257 A. Open flames. Section 308. 1.6 of the California Fire Code is amended to add the following new section: Section 308.1.6.3 Sky Lanterns or similar devices. The ignition and/or launching of a Sky Lantern or similar device is prohibited. Exception: Upon approval of the fire code official, sky lanterns may be used as necessary for religious or cultural ceremonies providing that adequate safeguards have been taken as approved by the fire code official. Sky Lanterns must be tethered in a safe manner to prevent them from leaving the area and must be constantly attended until extinguished. B. Fire safety and evacuation plans. Section 404.2 of the California Fire Code is amended to add the following: 16. Windowless buildings having an occupant load of fifty (50) or more. C. Fire apparatus access roads. Section 503 of the California Fire Code is adopted in its entirety with the following amendments: 1. Section 503. 1. 1 of the California Fire Code is amended to add the following exception: Exception: Where approved by the fire code official, fire apparatus access roads shall be permitted to be exempted or modified for solar photovoltaic power generation facilities. 2. Section 503.2.2 of the California Fire Code is hereby amended to read as follows: 503.2.2 Authority. The fire code official shall be the only authority authorized to designate fire apparatus access roads, fire lanes and modify the minimum fire lane access widths for fire or rescue operations. 3. Section 503.3 of the California Fire Code is deleted in its entire and replaced with the following: 503.3 Marking. Fire apparatus access roads, where required, shall be identified by curbs painted red on both the top and face along the entire length of the fire apparatus access road. Where no curbs exists or a rolled curb is installed, a six (6) inch 258 wide red strip shall be applied the full length of the fire apparatus access road or approved posted signs shall be installed in accordance with the Riverside County Fire Department Standards. Exception: On school grounds this requirement shall be implemented as approved by the fire code official. 4. A new Section 503.7 is added to Section 503 of the California Fire Code to read as follows: 503.7 Loading areas and passenger drop-off areas. On private properties, where fire apparatus access roads are utilized for loading or unloading or utilized for passenger drop-off or pick- up, an additional eight (8) feet of width shall be added to the minimum required width for the fire apparatus access road. D. Access to building openings and roofs. Section 504.1 of the California Fire Code is amended to add the following language to the end of the first paragraph: Where ground ladder access is the only means to reach the highest point on the building, the finished grade on all exterior sides of buildings shall be flat and free of any obstructions that would interfere with ground ladder placement. This distance from the building to finished grade shall be determined by the Fire Chief. E. Fire protection water supplies. 1. Section 507.5.5 of the California Fire Code is amended to add the following language: 507.5.5 Clear Space Around Hydrants. A 3-foot (914 mm) clear space shall be maintained around the circumference of fire hydrants, Fire Department connections, exterior fire protection system control valves, or any other exterior fire protection system component that may require immediate access, except as otherwise required or approved. 2. A new Section 507.5.7 is added to Section 507 of the California Fire Code to read as follows: 507.5.7 Fire hydrant size and outlets. Fire hydrant size and outlets shall be required as determined by the fire code official. `M 1. Residential Standard —one (1) four (4) inch outlet, and one (1) two and one half (2 %) inch outlet. 2. Super Hydrant Standard —one (1) four (4) inch outlet, and two (2) two and one half (2 %) inch outlet. 3. Super Hydrant Enhanced —two (2) four (4) inch outlet, and one (1) two and one half (2 %) inch outlet. 3. A new Section 507.5.8 is added to Section 507 of the California Fire Code to read as follows: 507.5.8 Fire hydrant street marker. Fire hydrant locations shall be visually indicated in accordance with Riverside County Fire Department Std. 06-11. Any hydrant marker damaged or removed during the course of street construction or repair shall be immediately replaced by the contractor, developer, or person responsible for the removal or damage. F. Fire command center 1. Section 508. 1 of the California Fire Code is amended as follows: Where required by other sections of this code and in all buildings classified as high-rise buildings by the California Building Code, and buildings greater than 300,000 square feet in area, and Group 1-2 occupancies having occupied floors located more than 75 feet above the lowest level of fire department vehicle access, a fire command center for fire department operations shall be provided and shall comply with Sections 508.1 through 508. 1.5. 2. Section 508. 1.3 of the California Fire Code is amended to add the following Exception as follows: Exception: When solely required due to building area greater than 300,000 square feet, the fire command center shall be a minimum of 96 square feet (9 m2) with a minimum dimension of 8 feet (2438 mm). 3. Section 508. 1.5 of the California Fire Code is amended to add the following Exception as follows: Exception: When solely required due to building area greater than 300,000 square feet, the fire command center shall comply with NFPA 72 and contain features 5, 8, 10, 12, 13 & 14. All other features shall be provided only when the building contains the respective system/functionality. G. Mechanical refrigeration. Section 606. 10. 1.2 of the California Fire Code is amended to read as follows: 606. 10. 1.2 Manua/ operation. When required by the fire code official, automatic crossover valves shall be capable of manual operation. The manual valves shall be located in an approved location immediately outside of the machinery room, in a secure metal box or equivalent and marked as Emergency Controls. AAA -- - - --- - -- - -- .......... -- - - - --AAA - - - AA - - - ..AAA A ._ AA 32. Section 8.08.060, entitled "Automatic fire extinguishing systems," shall be retitled "Automatic sprinkler systems." The body text shall be amended to read as follows: A. Section 903.2 of the California Fire Code is deleted in its entirety and replaced with the following: 903.2 Where required. In all new buildinas and structures which are 3,600 square feet or greater an approved automatic sprinkler system shall be provided regardless of occupancy classification. Where the California Fire Code is requiring more restrictive requirements in Sections 903.2.1, 903.2.1.1, 903.2.1.2, 903.2.1.3, 903.2.1.4, 903.2. 1.5, 903.2.2, 903.2.3, 903.2.4, 903.2.5, 903.2.5.2, 903.2.6, `P:1i 903.2. 7, 903.2.8, 903.2.9, 903.2,10, 903.2, 11.6, 903.2.16, 903.2.18, the more restrictive requirement shall take precedence. The following exceptions in the California Fire Code shall not be allo wed: a. Exception in Section 903.2.3 b. Exception in Section 903.2.6 c. Exception in Section 903.2.11.3 One- and two-family dwellings shall have an automatic fire sprinkler system regardless of square footage in accordance with the California Residential Code. Fire sprinkler systems shall be installed in mobile homes, manufactured homes and multifamily manufactured homes with two dwelling units in accordance with Title 25 of the California Code of Regulations. B. Section 903.3.5.3 of the California Fire Code is added as follows: 903.3.5.3 Hydraulically calculated systems. The design of hydraulicalty calculated fire sprinkler systems shall not exceed 90% of the water supply capacity. IN 33. Section 8.08.070, entitled "Designation of high -piled storage areas," shall be added. The body text shall read as follows: A new Section is added to Section 3204.2 of the California Fire Code to read as folio ws: 3204.2.1 Minimum requirements for client leased or occupant owned warehouses. Designs of an automatic sprinkler system for client leased or occupant owned buildings containing high pile storage shall be based on the requirements of NFPA 13. The responsible fire protection engineer shall KM perform a survey of the building to determine commodity classification, storage configuration, building height and other information related to the development of an appropriate sprinkler system design. The fire protection enaineer shall also make reasonable efforts to meet with the buildinq owner or operator to understand seasonal or customer related fluctuations to the stored commodities, storage height, and configuration. The sprinkler design shall be based on the most demanding requirements determined through the onsite survey and discussions with the buildinq owner or operator. The technical report shall describe the basis for determining the commodity and sprinkler design selection, how the commodities will be isolated or separated, and include referenced design document(s), including NFPA 13 or the current applicable factory mutual data sheets. If a specific fire test is used as the basis of design, a copy of the fire test report shall be provided at the time of plan review. 34. Section 8.08.080, entitled "Fire hazard severity zones," shall be added. The body text shall read as follows: A new Section is added to Section 4904 of the California Fire Code to read as folio ws: 4904.3 High Fire Hazard Severity Zone Maps. In accordance with Government Code Sections 51175 through 51189, Very High Fire Hazard Severity Zones are designated as shown on a map titled Very High Fire Hazard Severity Zones, dated April 8, 2010 and retained on file at the office of the Fire Chief and supersedes other maps previously adopted by Riverside County designating high fire hazard areas. 35. Section 8.08.090, entitled "Amendments to the appendices of the California Fire Code," shall be added. The body text shall read as follows: The appendices to the California Fire Code are adopted in their entirety except as to the following: A. Appendix B. Exception 1 of Section B105.2 is amended to read as folio ws: Exception 1: A reduction in required fire -flow of up to 50 percent, as approved, is allowed when the building is provided with an approved automatic sprinkler system installed in accordance with Section 903.3. 1. 1 or 903.3. 1.2. The resultina fire -flow shall not be less than K"%] 1,500 gallons per minute (5678 L/min) for the prescribed duration as specified in Table B 105. 1, B. Appendix C. Section C102.1 Fire hydrant locations is amended to read as fnfin wS Fire hydrants shall be provided at street intersections and along required fire apparatus access roads and adjacent public streets. C. Appendix D. Appendix D shall not be adopted. D. Appendix L Appendix l shall not be adopted. E. Appendix J. Appendix J shall not be adopted. F. Appendix K. Appendix K shall not be adopted. 36. Section 8.14.010, entitled "Adoption of the California Energy Code" shall be amended to read as follows: Certain documents marked and designated as the "2013 California Energy Code," " ," published by the California Building Standards Commission, are adopted to make businesses, homes, and appliances more energy efficient through the development and implementation of energy efficiency building practices. star�'�s. €aGh aRa all of the rem dater,.-VI-eViciORS riGI hers aril-! of the "2 !1 urr— rr� , , Ee-rcrr -r,��cr e�F�S v�--crr�z`'G�v r d FRaEle a ar+ of this CB,l„ a if fully set OUt OR +him. ehapteF Each and all of the regulations, provisions, conditions and terms therein, on file with the building official, are referenced and made a part hereof as if fully set out in this chapter, except as otherwise provided in this chapter. 37. Section 8.15.010, entitled "Adoption of the California Historical Code" shall be amended to read as follows: Certain documents marked and designated as the "2013 California Historical Building Code," " 20 1 0 GalifeFRia Histermeal Building cede " published by the California Building Standards Commission, are adopted to facilitate the preservation and continuing use of qualified historical buildings or properties while providing reasonable safety for the building occupants and access for PITY! persons with disabilities. Eaeh and all of the FegulatiORS,published by the GalifE)FRia BUildiRg GtandaFEIS GE)FRFRi88iGR, OR file OR the buildiRg and safety departmeRt, are referred te and FRade a part ef this 6 as if fully set e ut OR this ^hapter. Each and all of the regulations, provisions, conditions and terms therein, on file with the building official, are referenced and made a part hereof as if fully set out in this chapter, except as otherwise provided in this chapter. 38. Section 8.16.010, entitled "Adoption of the California Existing Building Code" shall be amended to read as follows: Certain documents marked and designated as the "2013 California Existing Building Code," " 20 1 0 GalifeMia EXistiRg Building Gede " published by the California Building Standards Commission, are adopted to promote public safety and welfare by reducing the risk or injury that may result from the effects of earthquakes on existing unreinforced masonry bearing wall buildings. Ea^h and all „f the reg ulatieRS r,r eR GeitieRJ,aT^TQ—t^mJ ef sueh "20 1 0 Galif^rriia EXistinn B uilydiRg (`ede," published by the Galiferu i OR file OR the bUildiRg and safet-Y Eepar+.v eRt r^Fef^eFFeEl to and FRaEle a art of this E)Ele a if fully et ^i + this ehapte+-. Each and all of the regulations, provisions, conditions and terms therein, on file with the building official, are referenced and made a part hereof as if fulty set out in this chapter, except as otherwise provided in this chapter. 39. Section 8.17.010, entitled "Adoption of the California Referenced Standards Code" shall be amended to read as follows: Certain documents marked and designated as the "2013 California Referenced Standards Code, "zn10 Galif.,rr, a Ref.,FeRe^eGta published by the California Building Standards Commission, are hereby adopted.. ^Ea^h and all of the reg ula� r,r^"isi^r,s Ge ci-ti-e S, and terms s� eh a 01 0 GalifeMia Ref^reRee -1 StoRdards� ede " published by +h^ .racrr vl 1 v ��crc�Tcccr—v�una-ara� ��Uurs� EepaFtFR Rt r^Fef^eFFeElto and FRaEle a art of this ade a if fully et ^i + this ^hart^r K Each and all of the regulations, provisions, conditions and terms therein, on file with the building official, are referenced and made a part hereof as if fully set out in this chapter, except as otherwise provided in this chapter. 40. Chapter 8.18, entitled "RESIDENTIAL CODE," shall be deleted in its entirety. 41. Chapter 8.19, entitled "GREEN BUILDING STANDARDS CODE," shall be deleted in its entirety. No changes to the remainder of Title 8. ATTACHMENT 1 Summary of Local Amendments to the 2013 California Building Standards Code. Item numbers below refer to the numbered items as noted in Exhibit "A" of the Ordinance adopting the 2013 California Building Standards Code and amending Title 8 of the La Quinta Municipal Code (LQMC). 1. Updates edition of adopted California Administrative Code and removes redundant language within the adoption by reference clause. 2. Moves "Construction site security and debris" section to previously vacated section, adds section authorizing building official to allow self - hauling by contractor of record, and clarifies the minimum required size of trash container and the time during which the trash container must remain on the jobsite. 3. Moves "Violation —penalty" section to previously vacated section. Minor punctuation changes to improve readability. No changes to policy or enforcement. 4. Updates edition of adopted California Building Code (CBC), revises purpose to conform to CBC language, and removes redundant language within the adoption by reference clause. 5. Removes unnecessary deletion of CBC appeals board text and consolidates list of work exempted from permitting requirements to a single code location. Clarifies wall and fence language to conform to historic City practices. No changes to policy or enforcement. 6. Updates CBC edition reference and reduces size of buildings that may be non-sprinklered to conform to Riverside County Fire Marshal's proposed California Fire Code amendments. 7. Updates CBC edition reference regarding required roofing materials. Text reformatted to improve readability. No changes to policy or enforcement. 8. Moves existing La Quinta-specific pool fencing requirements from elsewhere in LQMC. Co -locates City requirements with other private swimming pool requirements located in CBC. Minor language revisions to conform to historic City practices and other CBC pool barrier provisions. 9. Updates edition of adopted California Electrical Code (CEC) and removes redundant language within the adoption by reference clause. `I MA 10. Removes unnecessary deletion of CEC appeals board text. Moves existing underground wiring requirements to vacated section. Removes findings from Ordinance text. Reformats text for improved readability. No changes to policy or enforcement. 11. Moves existing restrictions on aluminum wire usage to vacated section. Relocates amendment as required to accommodate CEC changes. 12. Moves existing telephone and cable television cabling requirements to vacated section. Associates requirements with appropriate CEC sections. Reformats text for improved readability. No changes to policy or enforcement. 13. Deletes unneeded LQMC section created by moving telephone and cable television cabling requirements. 14. Updates edition of adopted California Plumbing Code (CPC) and removes redundant language within the adoption by reference clause. Minor punctuation change to improve readability. 15. Removes section containing unnecessary deletion of CPC appeals board text. 16. Updates edition of adopted California Mechanical Code (CIVIC) and removes redundant language within the adoption by reference clause. Minor punctuation changes to improve readability. 17. Removes section containing unnecessary deletion of CIVIC appeals board text. 18. Eliminates historic adoption of 1997 Uniform Swimming Pool, Spa and Hot Tub Code. Relocates California Residential Code adoption (previously at LQMC Chapter 8.18) into vacated Chapter. 19. Updates edition of adopted California Residential Code (CRC) and removes redundant language within the adoption by reference clause. 20. Removes unnecessary deletion of 1997 Swimming Pool, Spa and Hot Tub Code section. Consolidates list of work exempted from permitting requirements to a single code location. Clarifies wall and fence language to conform to historic City practices. Revises permit -exempt pool limitations to match those in CBC. No changes to policy or enforcement. `nf; 21. Removes unnecessary definition of swimming pool. Updates CRC edition reference for roofing materials. Text reformatted to improve readability. No changes to policy or enforcement. 22. Deletes unneeded pool fencing section. 23. Deletes unneeded additional pool safety requirements section. 24. Eliminates historic adoption of 1997 Uniform Sign Code. Relocates California Green Building Standards Code adoption (previously at LQMC Chapter 8.19) into vacated Chapter. 25. Updates edition of adopted California Green Building Standards Code and removes redundant language within the adoption by reference clause. 26. Removes section containing unnecessary deletion of Uniform Sign Code sections. 27. Updates edition of adopted California Fire Code (CFC), adopts appendices as recommended by Fire Marshal, and removes redundant language within the adoption by reference clause. 28. Removes section containing unnecessary deletion of CFC appeals board text. Deletes unnecessary CFC code violation penalties section. 29. Removes unnecessary LQMC code violation penalties section. Enumerates authority of Fire Chief and Fire Department. 30. Removes unnecessary elimination of appeals process. Adds additional CFC definitions. 31. Expands local CFC amendments as recommended by Fire Marshal. 32. Revises automatic fire sprinkler requirements as recommended by Fire Marshal. Reduces maximum size of buildings exempt from sprinkler requirements. 33. Adds new section detailing requirements for high -piled storage, as recommended by Fire Marshal. 34. Adds new section designating high fire hazard severity zones, as recommended by Fire Marshal. 35. Adds new section detailing amendments to Fire Code appendices, as recommended by Fire Marshal. 36. Updates edition of adopted California Energy Code and removes redundant language within the adoption by reference clause. 37. Updates edition of adopted California Historical Building Code and removes redundant language within the adoption by reference clause. 38. Updates edition of adopted California Existing Building Code and removes redundant language within the adoption by reference clause. 39. Updates edition of adopted California Referenced Standards Code and removes redundant language within the adoption by reference clause. 40. Eliminates chapter formerly occupied by relocated Residential Code. 41. Eliminates chapter formerly occupied by relocated Green Building Standards Code. `act T4'!t 4 4 Qu&r(v MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Les Johnson, Community Development Directo Greg Butler, Building Official/Emergency Manager DATE: November 19, 2013 SUBJECT: Minor Revisions to Proposed Fire Code Adoption Documents The Riverside County Fire Marshal has requested minor changes to Business Session Item #2 on today's City Council agenda. The requests were submitted after publication of the Council packets and are highlighted in the attachment to this memo. The changes are as follows: 1. On pages 230-232 of the Council packet, a table notes Codes, Amended Sections, and Express Findings that justify the local amendments. The enclosed revision associates a number of proposed amendments with different or additional findings than shown in the published packet. The revision causes no rule or enforcement changes. 2. On page 254 of the Council packet, the Fire Chief is authorized to enforce various ordinances of Riverside County. The revision corrects the charge to enforce ordinances of the City of La Quinta. Pending approval of City Council, these minor revisions will be incorporated into the California Building Standards Code adoption documents when brought forward for the item's second reading and possible adoption. including fire and collapse, disruption of the water supply for firefighting purposes, and isolation from emergency response as a result of bridge, overpass, and road damage and debris. D. Severe ground shaking during a seismic event increases the probability that above -ground structures will fail. The inherent danger to the public is increased when power lines are installed above ground because of the danger from falling or fallen power poles and the possibility of contacting live power lines. IV. Other Conditions: A. Additional amendments are found to be either administrative or procedural in nature or concern themselves with subjects not covered in the California Building Standards Code. These changes include provisions making the California Building Standards Code compatible with other codes enforced by the City. SECTION 2. As recommended by the Building Official, Community Development Director, and the Riverside County Fire Marshal, the following local amendments to the 2013 California Building Standards Code are hereby found to be reasonably necessary as identified in the table below and referenced to the express findings noted in Section 1, above. Local Code Amendments and Express Findings of Necessity Code Legend: CBC = California Building Code; CRC = California Residential Code; CEC = California Electrical Code; CFC = California Fire Code; LQMC = La Quinta Municipal Code Code I Amended Section Express Finding LQMC 8.01.020 IV.A LQMC 8.01.030 IV.A CBC 105.2 III.A, 111.13, IV.A CBC 903.2 I.A, 1.6, I.C, II.D CBC 1505.1.5 I.A, I.B, I.C, II.D CBC 3109.4.4.3.1 IV.A CEC 120 III.D CEC 310.10 I.F CEC 820.1.1 II.A, I1.13 CEC 841.1 II.A, 11.13 CFC 103.4.2 IV.A CFC 104.3.2 IV.A CFC 104.12 IV.A CFC 109.4 IV.A CFC 202 IV.A CFC 308.1.6.3 I.A, I.B I.C, I.E CFC 404.2 IV.A CFC 503.1.1 LA. I.B. I.C. III.0 I.E. II.C! ILD, CFC 503.2.2 I.A. I.B. I.C. III.0 I.E. II.C! II.D, CFC 503.3 I.A. I.B. I.C. I.E. II.C! ILD, III.0 CFC 503.7 I.A. I.B. I.C. I.E. ILC! ILD, III.0 CFC 504.1 LA. I.B. I.C. LE. II.C. ILD, III.0 CFC 507.5.5 I.A. I.B. I.C. III.0 I.E. ILC! ILD, CFC 507.5.7 I.A. I.B. I.C. III.0 I.E. II.C! ILD, CFC 507.5.8 LA. I.B. I.C. I.E. ILC! ILD, III.0 CFC 508.1 I.A. I.B. I.C. III.0 I.E. II.C! ILD, CFC 606.10.1.2 II.C, ILD, III.0 CFC 903.2 I.A. I.B. I.C. III.0 I.E. II.C! II.D, CFC 903.3.5.3 I.A. I.B. I.C. III.0 IV.A I.E. II.CJ ILD, CFC 3204.2.1 14;)—,'IV.A CFC 4904.3 IV.A CFC B105.2 I.A. I.B. I.C. I.E. II.C! ILD, Ill.C' IV.A CFC C102.1 I.A. I.B. I.C. III.0 j IV.A I.E. II.C! II.D, CFC Appendix Chapter D IV.A CFC Appendix Chapter I IV.A CFC Appendix Chapter J IV.A CFC Appendix Chapter K IV.A CRC I R105.2 III.A, 111.13, IV.A CRC I R905.1.5 I.A, I.B, I.C, ILD SECTION 3. A copy of this Ordinance adopting the 2013 California Administrative Code, the 2013 California Building Code, the 2013 California Residential Code, the 2013 California Electrical Code, the 2013 California Mechanical Code, the 2013 California Plumbing Code, the 2013 California Energy Code, the 2013 California Historical Building Code, the 2013 California Fire Code, the 2013 California Existing Building Code, the 2013 California Green Building Standards Code, and the 2013 California Referenced Standards Code, along with the findings, amendments, additions, and deletions, shall be filed with the California Building Standards Commission at 2525 Natomas Park Drive, Suite 130, Sacramento, CA 95833 by the City Clerk of the City of La Quinta. -��•. Each and a# of the regulations provisions conditions and terms therein on file with the building official are referenced and made a part hereof as if fully set out in this chapter, except as otherwise provided in this chapter. €aeh 68epeFatien with the InteMatienal Gede Geuneil, on file On the building and 28. Section 8.08.020, entitled "Deletion of certain parts of the California Fire Code" shall be amended to read as follows: The following portions of the 2013 California Fire Cod Cede are deleted: Section 109.4 (Violation penalties) Appeals). 29. Section 8.08.030, entitled "Violation —Penalty," shall be retitled "Authority of the Fire Chief and Fire Department." The body text shall be amended to read as follows: A. A new Section 104.3.2 is added to Section 104.3 of the California Fire Code to read as follows: 104.3.2. Authority of the Fire Chief and Fire Department. 1. The Fire Chief is authorized and directed to enforce a# applicable State fire laws and provisions of this ordinance and to perform such duties as directed by the City Council. 2. The Fire Chief is authorized to administer, interpret and enforce this ordinance. Under the Fire Chief's direction, the Riverside Countv Fire Department is authorized to enforce ordinances of the Citv of La a. The prevention of fires. Each and a# of the regulations provisions conditions and terms therein on file with the building official are referenced and made a part hereof as if fully set out in this chapter, except as otherwise provided in this chapter. €aeh 68epeFatien with the InteMatienal Gede Geuneil, on file On the building and 28. Section 8.08.020, entitled "Deletion of certain parts of the California Fire Code" shall be amended to read as follows: The following portions of the 2013 California Fire Cod Cede are deleted: Section 109.4 (Violation penalties) Appeals). 29. Section 8.08.030, entitled "Violation —Penalty," shall be retitled "Authority of the Fire Chief and Fire Department." The body text shall be amended to read as follows: A. A new Section 104.3.2 is added to Section 104.3 of the California Fire Code to read as follows: 104.3.2. Authority of the Fire Chief and Fire Department. 1. The Fire Chief is authorized and directed to enforce a# applicable State fire laws and provisions of this ordinance and to perform such duties as directed by the City Council. 2. The Fire Chief is authorized to administer, interpret and enforce this ordinance. Under the Fire Chief's direction, the Riverside Countv Fire Department is authorized to enforce ordinances of the Citv of La a. The prevention of fires. c�tit OF CITY / SA / HA / FA MEETING DATE: November 19, 2013 ITEM TITLE: APPROVE ART PURCHASE AGREEMENT WITH THE LA QUINTA HISTORICAL SOCIETY AND MARIA HUNT FOR COVE WELCOME SIGNS RECOMMENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: 3 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve an Art Purchase Agreement among the La Quinta Historical Society, Maria Hunt, and the City for welcome signs into the Cove neighborhood and authorize the City Manager to execute the Agreement. EXECUTIVE SUMMARY: • The La Quinta Historical Society (LQHS) and Cove Neighborhood Association have requested that two welcome signs be placed in the Cove Neighborhood entry medians at Avenue 52 and Avenida Bermudas, and Eisenhower Drive and Calle Tampico. • The three-way Art Purchase Agreement (Attachment 1) provides for the creation and installation of the signs. • LQHS will contribute $3,000 and Art in Public Places (APP) funding will be used for the remainder of the costs. • The City Traffic Engineer has approved the locations for the signs. FISCAL IMPACT: The cost of the original artwork, fabrication, and installation of the signs is $6,760. LQHS will donate $3,000 to the City toward the cost. If approved, APP funding of $3,760 will be used to complete the project. Funding is available in the APP Budget. BACKGROUND/ANALYSIS: The City received correspondence from LQHS and the Cove Neighborhood Association (Attachment 2) requesting two welcome signs in the Cove neighborhood entry medians. The signs, created by local artist Maria Hunt, depict `E the historic La Quinta Cove neighborhood (Attachment 3). Digital laminate transfers of the artwork will be applied to a 4 x 6' metal frame attached to metal posts (Attachment 4). The digital laminate transfer is graffiti resistant and can easily be replaced, if needed, for approximately $400. If approved by City Council, the City will be responsible for the maintenance of the artwork as the signs are located in City medians; however, maintenance requirements for this type of sign are less than for the two plywood signs that are currently in place. ALTERNATIVES: As a result of the community involvement and investment from LQHS and the Cove Neighborhood Association, staff does not have an alternative recommendation. Report prepared by: Edie Hylton, Community Services Director Report approved for submission by: Frank J. Spevacek, City Manager Attachments: 1 . Art Purchase Agreement 2. LQHS Request and Cove Neighborhood Association Letter 3. Artist Information and Proposal 4. Depiction of Entry Signs `I` ATTACHMENT 1 ART PURCHASE AGREEMENT THIS ART PURCHASE AGREEMENT (the "Agreement") is entered into this day of 2013, by and among THE CITY OF LA QUINTA, a California municipal corporation ("City"), LA QUINTA HISTORICAL SOCIETY ("LQHS") and MARIA HUNT ("Artist"). RECITALS A. LQHS has requested approval for two Welcome Signs (the "Project") on the property generally located in City medians located in the Cove Neighborhood ("Properties"). The Project is subject to the artwork requirements of the City of La Quinta Art in Public Places Program set forth in Chapter 2.65 of the La Quinta Municipal Code (the "Municipal Code"). B. To meet the requirements for artwork pursuant to Chapter 2.65, LQHS is commissioning the fabrication and installation of certain artwork (the "Artwork") to be installed and displayed by Artist in medians west of Avenida Bermudas on Avenue 52 and Eisenhower Drive south of Calle Tampico ("Site Locations"). NOW, THEREFORE, in consideration of the performance by the parties of the mutual promises, covenants, and conditions contained hereinafter, the parties hereto agree as follows: ARTICLE I. SCOPE OF SERVICES AND PAYMENT 1.1 Scope of Design and Fabrication Services. Subject to the terms and conditions set forth in this Agreement, Artist shall (i) prepare, or cause to be prepared, conceptual design plans for the Artwork, including setting forth details and samples of the materials to be used and composition of the proposed Artwork; (ii) based on the conceptual design plans approved by City and LQHS, develop working drawings, which shall be incorporated into the Schedule of Performance attached hereto as Exhibit A; and (iii) fabricate and install the Artwork as more particularly described in the Scope of Design Build Services and the Schedule of Performance attached hereto as Exhibit A and Exhibit B, respectively, and incorporated herein by this reference. Artist shall perform her obligations in strict conformance with the terms and conditions set forth in this Agreement and shall take all other actions necessary and incidental to the performance of said obligations. 1.2 Periodic Review. City and LQHS shall have the right to review the Artwork at reasonable times during the fabrication thereof. Artist shall submit regular progress narratives, including photographs, to City and LQHS as required by the Schedule of Performance set forth in Exhibit B. The narratives shall clearly state Page 1 of 21 273 the percentage of the Artwork completed to date and provide an estimated completion date. 1.3 Materials and Labor. Artist shall furnish all tools, equipment, apparatus, labor, services, materials, and transportation necessary to perform the Design and Fabrication Services more fully described in Exhibit A and to install the Artwork, together with any appurtenances thereto, in a good and workmanlike manner in the Site Location(s) as more fully described in said Exhibit A or reasonably inferable therein. If Artist fails to furnish the labor, materials, equipment, and or services necessary to perform all work and labor as herein provided in the manner herein set forth in good and workmanlike manner, Artist shall, in addition to any other penalties provided in the Agreement, be liable to LQHS and City for all losses or damages that either may suffer as a result of such failure, including any additional costs incurred by City or LQHS in obtaining such material or labor from other sources. 1.4 Change Orders. Artist shall strictly adhere to the Scope of Design Build Services set forth in Exhibit A, unless a change there from is authorized in writing by City and LQHS. Artist shall present any and all significant changes to the Artwork not permitted by or in substantial conformity with the approved working drawings and the Scope of Design Build Services set forth in Exhibit A to City and LQHS in writing in advance for their review and approval. If City and LQHS grant such approval, the terms of said change shall be memorialized in a written change order signed by all parties hereto prior to commencement of said revised work. For the purposes of this section, a "significant change" is any change in the scope, design, color, size, material, texture, or site location which affects installation, scheduling, site preparation, or maintenance for the Artwork or the schematic concept of the Artwork as represented in the schematic drawings, the approved working drawings, and the Scope of Design Build Services set forth in Exhibit A. 1.5 Working Environment. Artist (and LQHS, if appropriate) shall, at all times, maintain a safe work area and provide safe access to both the Artwork and the sites wherein the Artwork is located prior to installation at the Site Location for inspection of the Artwork by City and its representatives. 1.6 Testing and Inspections. Where specifications require the Artwork to be specially tested or approved, Artist shall not perform such testing, or cause such testing to be performed, until 0 ) Artist or LQHS has first provided timely notice to City that the Artwork is ready for inspection and/or testing, and (2) City has inspected and approved of the Artwork or consented to said testing in writing. Artist shall, at its sole cost and expense, perform all work required to comply with scheduled inspections and testing, and any requests for corrections City or other inspection authorities make as a result of such inspections or testing. Page 2 of 21 274 1 .7 Post -Fabrication Obligations. a. LQHS and/or Artist shall notify City in writing when the fabrication of the Artwork is completed and the Artwork is ready for delivery and installation at the Site Location(s) designated in Exhibit A and Exhibit B. b. Upon completion of the Artwork, and at all times during the fabrication and installation process, Artist shall ensure that the Artwork complies with all applicable statutes, ordinances and regulations of any governmental agency having jurisdiction over the Artwork. Artist shall also ensure that the Artwork is installed in a safe manner, and is designed to withstand the forces of nature it is expected to be exposed to during its lifetime, including, but not limited to, wind, rain, sun, and earthquake, as reasonable for artwork of a similar nature. 1.8 Post -Installation Obligations. a. LQHS shall use reasonable efforts to arrange for publicity for the completed Artwork by local media and publications and as otherwise determined between City, LQHS, and Artist as soon as practicable following installation. b. Upon installation of the Artwork, Artist shall provide LQHS and City with written instructions for appropriate maintenance and preservation of the Artwork. 1.9 Final Acceatance. a. Artist shall advise LQHS and City in writing when Artist believes that installation of the Artwork at the Site Location(s) is complete. Following receipt of such notice, LQHS and City shall promptly cause the installed Artwork to be inspected. Within five (5) working days following completion of such inspection(s), City and LQHS shall either (i) provide Artist with reasonably specific written objections, and a list of necessary corrections to the installed Artwork that Artist must complete, or (ii) notify Artist of their acceptance of the Artwork by issuing a Notice of Completion in the form attached hereto as Exhibit D. Said Notice of Completion shall be evidence of the satisfactory completion and installation of the Artwork in conformity with this Agreement, subject to the indemnification, representations, and further performance obligations set forth in this Agreement. 1.10 Risk of Loss. Artist shall bear the risk of loss or damage to the Artwork during the fabrication and installation phases until LQHS and City issue the Notice of Completion indicating their acceptance of the Artwork as provided in Section 1.9. Upon Artist's receipt of the Notice of Completion, the risk of loss or damage to the Artwork shall be borne by the City. The City shall take the measures Page 3 of 21 275 described in Article VII of this Agreement, as necessary, to protect the Artwork from loss or damage and shall maintain the Artwork. 1.11 Compensation to Artist: City agrees to pay Artist for the Artwork the compensation set forth in Exhibit C. The total compensation to be paid to Artist shall not exceed $6,760 (Six Thousand Seven Hundred and Sixty Dollars). The parties agree that said compensation represents full payment to Artist for the design, fabrication and installation of the Artwork, including compensation for all professional services and reimbursement for expenses, and neither City nor LQHS shall have any additional financial obligations under this Agreement. ARTICLE II. TIME OF PERFORMANCE 2.1 Time. Artist shall perform his/her obligations under this Agreement in a punctual and diligent manner and in accordance with the Schedule of Performance ( Exhibit B). In the event Artist fails to perform fully any and all of its obligations under this Agreement, then City and/or LQHS may, at their option, after first giving twenty-four (24) hours written notice to Artist, provide any such labor and materials as may be necessary for the completion of the Artwork. In such event, City and/or LQHS may deduct the cost of said labor and materials and all costs incurred in finishing the work, if applicable, from any money then due or thereafter to become due to Artist under this Agreement until the work undertaken by LQHS or City is completely finished. Upon completion of the work, if the unpaid balance of the amount to be paid to Artist under this Agreement exceeds the expenses incurred by LQHS or City in securing labor and materials from other sources and/or in finishing Artist's work, such excess shall be paid to Artist. Conversely, if the expenses incurred by City and/or LQHS as described above exceed the unpaid balance due to Artist, then Artist shall promptly pay to City and/or LQHS the amount by which such expenses exceed the remaining unpaid balance. The expense incurred by City and/or LQHS, as herein provided, shall be chargeable to and paid by Artist. ARTICLE III. WARRANTIES 3.1 Title. Artist represents and warrants that: (a) the Artwork is solely the result of the artistic effort of the Artist and Artist is the creator and owner of the Artwork design; (b) that the Artwork is unique and original and does not infringe upon any copyright; (c) that the Artwork has not been accepted for sale elsewhere; (d) that to the best of his/her knowledge the Artwork is not presently subject to claims of ownership, lien or encumbrance or to common law or statutory copyright claims of any other person, institution, or domestic or foreign government; and (e) that the Artwork is free and clear of any and all encumbrances and/or monetary liens. Artist covenants to defend, indemnify and hold City, LQHS, and their respective officials, officers, employees, servants, attorneys, volunteers, and agents harmless from any loss, claim or liability in any way related to a claim that that the Artwork violates federal, state or local laws, or any contractual provisions, Page 4 of 21 276 relating to copyrights, trade names, licenses, franchises, patents or other means of protecting interests in products or inventions. Artist shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked materials, equipment, devices or processes used on or incorporated in the Artwork produced under this Agreement. In case such materials, equipment, devices or processes are held to constitute an infringement and their use is enjoined, Artist shall, at his/her expense, either (a) secure for City and LQHS the right to continue exhibiting the Artwork by suspension of any injunction or by procuring a license or licenses for City and LQHS; or (b) modify the Artwork so that it becomes non -infringing. The covenant and warranties set forth in this Section 3.1 shall survive the termination of this Agreement. 3.2 Quality and Condition. Artist represents and warrants, except as otherwise disclosed to City in writing, that: (a) the fabrication of the Artwork will be performed in a workmanlike manner; (b) the Artwork, as fabricated and following installation, will be free of patent and latent defects in material and workmanship, including any defects or qualities which cause or accelerate deterioration of the Artwork; and (c) reasonable maintenance of the Artwork will not require procedures substantially in excess of those described in the maintenance recommendations to be submitted by Artist to LQHS and City. The warranties described in this Section 3.2 shall survive for a period of one (1) year after acceptance of the Artwork as evidenced by a Notice of Completion issued in accordance with Section 1 .9, except the representation and warranty concerning latent defects shall survive for a period of three (3) years from the acceptance of the Artwork. LQHS and/or City shall give notice to Artist of any observed and claimed breach with reasonable promptness. Artist shall, at the request of City or LQHS and at no cost to City or LQHS, cure reasonably and promptly the breach of any such warranty which is curable by Artist and which cure is consistent with professional conservation standards (including, for example, cure by means of repair or re -fabrication of the Artwork). ARTICLE IV. LOCATION AND DISPLAY OF ARTWORK 4.1 Location/Display. Notwithstanding any other provision of this Agreement, Artist hereby acknowledges and agrees that all decisions regarding placement and location of the Artwork are within the sole and absolute discretion of the LQHS and City. Artist further acknowledges and agrees that City shall have sole and absolute discretion to make alterations to, relocate, or remove and dispose of the Artwork in their sole and absolute discretion. In the event the City elects to remove and dispose of the Artwork, City shall, subject to the provisions of Section 9.3 of this Agreement, notify Artist at least 30-days in advance of the proposed removal and provide Artist an opportunity, at his/her sole costs, to take possession of and remove the Artwork from the Site. Page 5 of 21 277 ARTICLE V. PARTY REPRESENTATIVES 5.1 City Representative. For the purposes of this Agreement, CitV's representative shall be the Director of Community Services, or such other person as the Director designates in writing (hereinafter the "City Representative"). It shall be Artist's and LQHS's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services and obligations more particularly described in Exhibit A, and Artist and LQHS shall refer any decisions which must be made bV City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative. 5.2 LQHS Representative. For the purposes of this Agreement, LQHS's representative shall be Linda Williams, LQHS President, or such other person as LQHS designates in writing (hereinafter the "LQHS Representative"). The LQHS Representative shall be responsible during the term of this Agreement for directing all activities of Artist and devoting sufficient time to personally supervise the services provided bV Artist hereunder. The LQHS Representative shall also be responsible for overseeing and ensuring LQHS's performance of its obligations under this Agreement. The LQHS Representative may not be changed bV LQHS without the prior written consent of City. 5.3 Artist Representative. For the purposes of this Agreement, Maria Hunt ("Artist"), is the sole principal and representative of Artist authorized to act in his/her behalf with respect to the services specified herein and make all decisions in connection therewith. It is expressly understood that the experience, knowledge, capability and reputation of Artist were a substantial inducement for City and LQHS to enter into this Agreement. Therefore, Artist shall be responsible during the term of this Agreement for performing or directing all activities of Artist and devoting sufficient time to personally perform or supervise, as appropriate, the services hereunder. Artist may not assign all or any of his/her obligations under this Agreement without the prior written approval of both City and LQHS. ARTICLE VI. OWNERSHIP OF ARTWORK 6.1 Ownership of Artwork. Title to the Artwork and any construction drawings, plans, or other work product generated pursuant to this Agreement shall pass to and vest with City in interest to the Property upon (i) the issuance of the Notice of Completion acknowledging Final Acceptance pursuant to Section 1.9 or (ii) Termination of the Agreement as provided in Article X hereinafter. 6.2 Title to Intellectual Property. Title to all copyright and other intellectual property rights in the Artwork shall remain with Artist except as otherwise provided in this Agreement. Notwithstanding the foregoing, Artist, on behalf of him/herself and his/her successors, heirs and assigns, hereby grants in perpetuity to City and LQHS, and their respective heirs, successors and assigns, the right to photograph, Page 6 of 21 278 film, videotape, or otherwise depict the Artwork at any time during the term of this Agreement and to use such photographs, film, videotapes, or other depictions at any time thereafter for commercial and noncommercial purposes to promote the exhibition, the City of La Quinta, or the Project. Such uses shall give full artistic credit to Artist. ARTICLE VII. ADDITIONAL CITY OBLIGATIONS 7.1 Maintenance and Alteration of the Artwork. At all times the Artwork vests in City, the City shall maintain the Artwork in good condition. Covenant, including, but not limited to promptly removing any graffiti or damage from the elements; (ii) obtain and maintain insurance in an amount not less than the appraised value to repair or replace the Artwork in the event of loss or damage; (iii) ensure transfer of title to the Artwork as a fixed asset on the Property. 7.2 Location and Disposition. City shall select the initial location for placement of the Artwork on the Property (the "Site Location"). After installation of the Artwork at the Site Location, LQHS shall not thereafter change the location or dispose of the Artwork without the prior written consent of City. ARTICLE VIII. ADDITIONAL ARTIST OBLIGATIONS 8.1 Artist's Address. Artist shall notify City and LQHS of any change in address. City or LQHS shall take reasonable effort(s) to locate Artist when matters arise relating to the Artist's rights under this Agreement. 8.2 Surviving Covenants. The covenants and obligations set forth in this Article VIII shall be binding upon the parties, their heirs, legatees, executors, administrators, assigns, transferees and all their successors in interest, and City's covenants do attach and run with the Artwork and shall be binding to and until twenty (20) years after the death of the Artist unless otherwise stated herein. Upon the death of the Artist, the representative of Artist's estate shall assume the surviving covenants and obligations of Artist set forth in this Article VIII. 8.3 Independent Contractor. Artist is, and shall at all times remain as to City and LQHS, a wholly independent contractor. Artist shall have no power to incur any debt, obligation, or liability on behalf of City or LQHS or otherwise act as an agent of City or LQHS. Neither City, LQHS, nor any of their respective agents shall have control over the conduct of Artist or any of Artist's employees (if any), except as set forth in this Agreement. Artist shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City or LQHS. Artist agrees to pay all required taxes on amounts paid to Artist under this Agreement, and to indemnify and hold City and LQHS harmless from any and all taxes, assessments, penalties, and interest asserted against City or LQHS by reason of the independent contractor relationship created Page 7 of 21 279 by this Agreement. Artist shall fully comply with the workers' compensation law regarding Artist and its employees (if any). Artist further agrees to indemnify and hold City and LQHS harmless from any failure of Artist to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any fees due to Artist under this Agreement any amount due to City or LQHS from Artist as a result of Artist's failure to promptly pay to City or LQHS any reimbursement or indemnification arising under this Section 8.3. ARTICLE IX. ARTIST'S RIGHTS 9.1 Repairs and Restoration. a. City and LQHS shall have the right to determine, after consultation with a professional art conservator, when and if repairs and restoration to the Artwork will be made. At LQHS's and City's option, Artist, during Artist's lifetime, may be given the opportunity to make or personally supervise significant repairs and restorations and shall be paid a reasonable fee for any such services, provided that LQHS, City and Artist mutually agree in writing, prior to the commencement of any significant repairs or restorations, upon Artist's fee for such services. LQHS and/or City shall have no obligation to utilize the services of Artist in this respect if they choose to have the repairs and restoration done by other professionals. No fees shall be paid to Artist for repair or restoration due to a breach of the representations and warranties set forth herein. b. All repairs and restorations shall be made in accordance with recognized principles of conservation. 9.2 Waiver of Rights. If any alteration is made to the Artwork without the consent of Artist, Artist shall have the right to direct the LQHS to remove Artist's name from the Artwork. In connection herewith, Artist hereby acknowledges and agrees that Artist is familiar with the federal Visual Artists Rights Act (17 U.S.C. § § 106A and 1 13(d)), the California Art Preservation Act (Cal. Civil Code § 987 et seq.), and the rights and protection afforded Artist thereunder. Artist, on behalf of him/herself and on behalf of his/her successors, heirs, and assigns, hereby waives, releases and disclaims any rights, demands or claims as may arise at any time and under any circumstances against City, and its elected and appointed officials, officers and employees arising under the federal Visual Artists Rights Act (17 U.S.C. § § 106A and 1 13(d)), the California Art Preservation Act (Cal. Civil Code § 987 et seq.), and any other local, state, federal or international laws that convey rights of the same nature, or any other type of moral right protecting the integrity of works of art to the fullest extent permitted by law. Without limiting the generality of the foregoing, Artist expressly waives any rights under the federal Visual Artists Rights Act (1 7 U.S.C. § § 106A and 1 13(d)), the California Art Preservation Act (Cal. Civil Code § 987 et seq.), and any other local, state, federal Page 8 of 21 280 or international laws relating to the location, placement, or removal and disposal of the Artwork. ARTICLE X. ASSIGNMENT OR TRANSFER 10.1 Neither Artist nor LQHS shall assign or transfer any interest in this Agreement without the prior written consent of City. If the assignment is approved the parties shall enter an assignment and assumption agreement. Any attempt by LQHS or Artist to assign, transfer, or subcontract any rights, duties, or obligations arising hereunder without city's prior written consent shall be null, void and of no effect. ARTICLE XI. TERMINATION 11.1 LQHS and City may, at either their option, by written notice to Artist, terminate this Agreement either (a) upon the failure by Artist to perform any of its obligations hereunder in accordance with the terms hereof or any other breach by Artist of the terms of this Agreement, and such failure or breach continues uncured for fifteen (15) days following notice thereof from City to Artist ("Termination for Default"), or (b) at any other time in the sole and absolute discretion of City and LQHS, acting together ("Discretionary Termination"). Termination for Default and Discretionary Termination are sometimes hereinafter collectively referred to as "Termination." Upon Termination, except as provided in this Article X, all parties shall be released from all further obligations and liability hereunder. Effective upon a Termination, the Artwork, or so much thereof or has then been completed, shall be transferred to and shall belong to LQHS. In the event of a Discretionary Termination, LQHS shall reimburse City for the full amount of Art in Public Places funding that was provided by City for the Artwork. In such event and upon Artist's written request, LQHS shall remove Artist's name from the Artwork. ARTICLE XII. INSURANCE AND INDEMNIFICATION. 12.1 Insurance. Prior to commencing any work under this Agreement, and throughout the duration of the term of this Agreement, Artist shall procure and maintain, at its sole cost, and submit concurrently with its execution of this Agreement, insurance as described herein. All insurance coverage required by this Agreement shall be placed with insurers authorized to do business in the State of California with an A.M. Best and Company rating level of A- or better, Class VI or better, unless otherwise approved by City's Risk Manager in writing. 12.1.1. Minimum Coverage. Insurance shall include the following (or broader) coverage: a. Insurance Services Office Commercial General Liability coverage "occurrence" form CG 00 01 or its exact equivalent with an edition date prior to 2004 and with minimum limits of $1,000,000 per occurrence and $2,000,000 in the aggregate. Page 9 of 21 281 12.1.2. Required Endorsements. Liability insurance policies required to be provided by Artist hereunder shall contain or be endorsed to contain the following provisions: a. City, LQHS, its employees, officials, agents and member agencies shall be covered as additional insureds. Coverage shall apply to any and all liability arising out of the Work or related to the Contract. Additional insured status under the general liability requirement shall be provided on Insurance Services Office Form CG 20 10 with an edition date prior to 2004, or its equivalent. Additional insured status for completed operations shall be provided either in the additional insured form or through another endorsement such as CG 20 37 with an edition date prior to 2004. b. General liability insurance shall apply to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. Coverage will not be limited to City's or LQHS's vicarious liability. C. Liability coverage shall be primary and non-contributing with any insurance maintained by City or LQHS. d. Each policy required hereunder, and the associated evidence of coverage (including employer's liability policies), shall provide that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except after 30 days' prior notice has been given to City and LQHS. Such provision shall not include any limitation of liability of the insurer for failure to provide such notice. e. No liability insurance coverage provided to comply with this Agreement shall prohibit Artist, or Artist's employees, or agents, from waiving the right of recovery prior to a loss. Artist waives its right of recovery against City and LQHS. 12.1.3. Verification of Coverage. Artist shall deposit with City within fifteen (15) days of Notice to Proceed of the Contract certificates of insurance evidencing the coverage required hereunder and all required endorsements. 12.1.4. No Waiver or Obligation. There shall be no recourse against City or LQHS for payment of premiums or other amounts with respect to the insurance required to be provided by Artist hereunder. Any failure, actual or alleged, on the part of City or LQHS to monitor compliance with these requirements will not be deemed as a waiver of any rights on the part of City or LQHS. City and LQHS have no additional obligations by virtue of requiring the insurance set forth herein. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, City and LQHS have the right but not the duty to Page 10 of 21 282 obtain the insurance it deems necessary and any premium paid by City or LQHS will be promptly reimbursed by Artist or City will withhold amounts sufficient to pay premium from Artist payments. 12.1.5. Prompt Notice. Artist agrees to provide immediate notice to City and LQHS of any claim or loss against Artist arising out of the work performed under this agreement. City and LQHS assume no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City or LQHS. 12.1.6. Subcontractors. Artist shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor approved by City and LQHS. All coverages for subcontractors, if any, shall be subject to all of the requirements stated herein unless otherwise approved in advance in writing by City's Risk Manager. 12.2 Indemnification. 12.2.1. Indemnification. To the fullest extent permitted by law, Artist shall indemnify, protect, defend and hold harmless City and LQHS and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all liability, claims, suits, actions arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, actual attorney fees incurred by City and LQHS, court costs, interest, defense costs including fees of expert Artists or expert witnesses incurred in connection therewith and any other costs or expenses of any kind whatsoever incurred in relation to, as a consequence of or arising out of or in any way attributable, in whole or in part, to Artist's performance of this Agreement. All obligations under this provision are to be paid by Artist as City and LQHS incur them. 12.2.2 Exception to Artist's Obligation to Indemnify. Without affecting the rights of City or LQHS under any provision of this Agreement or this section, Artist shall not be required to indemnify and hold harmless City or LQHS as set forth above for liability attributable to the sole fault of City or LQHS, provided such sole fault is determined by agreement between the parties or by the findings of a court of competent jurisdiction. This exception will apply only in instances where City or LQHS is shown to have been solely at fault and not in instances where Artist is solely or partially at fault or in instances where City's or LQHS's fault accounts for only a percentage of the liability involved. In those instances, the obligation of Artist will be all-inclusive and City and LQHS will be indemnified for all Page 11 of 21 283 liability incurred, even though a percentage of the liability is attributable to conduct of City or LQHS. 12.2.3 Artist Acknowledgment. Artist acknowledges that its obligation pursuant to this section extends to liability attributable to City and LQHS, if that liability is less than the sole fault of City or LQHS. 12.2.4 Indemnity Provisions for Subcontractors. Artist agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, sub tier Artist or any other person or entity involved by, for, with or on behalf of Artist in the performance of this Agreement. In the event Artist fails to obtain such indemnity obligations from others as required here, Artist agrees to be fully responsible according to the terms of this section. 12.2.5 No Waiver; Survival. Failure of City or LQHS to monitor compliance with the requirements of this Section 12.2 imposes no additional obligations on City or LQHS and will in no way act as a waiver of any rights hereunder. Artist's obligation to indemnify and defend City and LQHS as set forth herein is binding on the successors, assigns, or heirs of Artist and shall survive the termination of this Agreement or this section. 12.3 Remedies. In addition to any other remedies City and LQHS may have if Artist fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City or LQHS may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Artist to stop work under this Agreement and/or withhold any payments) which become due to Artist hereunder until Artist 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 or LQHS may have. The above remedies are not the exclusive remedies for Artist's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Artist may be held responsible for payments of damages to persons or property resulting from Artist's or its subcontractors' performance of work under this Agreement. Page 12 of 21 284 ARTICLE XIII. GENERAL PROVISIONS 13.1 Notices. All notices, requests, demands and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given (a) upon the delivery or receipt thereof, as the case may be, if delivered personally or recognized overnight courier service; or (b) on the third business day following deposit in the United States mail, sent by registered or certified mail, return receipt requested, postage prepaid, to the addresses set forth below, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. All notices shall be addressed as follows: CITY: City of La Quinta Attn: Community Services Director 78-495 Calle Tampico La Quinta, CA 92253 (760) 777-7032 ARTIST: Maria Hunt 80127 Maramar Drive Indio, CA 92203 (760) 774-6363 LQHS: La Quinta Historical Society Attn: Linda Williams, President 77-885 Avenida Montezuma La Quinta, CA 92253 13.2 Nondiscrimination. In the performance of the services under this Agreement, neither Artist nor City nor LQHS shall discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. In addition, Artist shall comply with the equality of employment opportunity provisions of State and local laws and regulations as presently existing or hereafter amended. 13.3 Entire Agreement. This Agreement and all exhibits attached hereto and incorporated herein by specific reference, embodies the entire integrated agreement and understanding between the parties hereto. There are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby, except as set forth herein above. 13.4 Modification. This Agreement and each of the terms embodied herein may be amended, altered, changed, or modified only by a written instrument signed by each party hereto and approved by appropriate action of City and LQHS. 13.5 Waiver. No waiver of performance by any party hereto shall be construed as or operate as a waiver of any subsequent default of any terms, covenants and conditions of this Agreement. The payment or acceptance of fees for any period Page 13 of 21 285 after a default shall not be deemed a waiver of any right or acceptance of defective performance. 13.6 Governing Law; Venue. This Agreement, regardless of where executed or performed, shall be governed by and construed in accordance with the laws of the State of California. In addition to any other rights or remedies and subject to the restrictions otherwise set forth in this Agreement, any party hereto may institute legal action to seek specific performance of the terms of this Agreement, to recover damages, or to obtain any other remedy, at law or in equity, consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Riverside, in the Indio Branch municipal court, or in the Federal District Court in the district of California, which includes Riverside County. 13.7 Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of City, LQHS, and Artist, and their respective heirs, personal representatives, successors and permitted assigns. 13.8 Severance. If a court of competent jurisdiction determines that any provision(s) of this Agreement is invalid, void, or illegal, such provision(s) shall be severed from the Agreement and shall in no way affect, impair or invalidate any other provision hereof, and such remaining provisions shall remain in full force and effect. 13.9 Substitution. Whenever in the specifications of materials or process the Scope of Services indicates or specifies materials or processes by patent or proprietary name or by name of manufacturer, such specification shall be deemed to be used for the purpose of facilitating description of the material and/or process desired, and shall be deemed to be followed by the words "OR EQUAL," and Artist may offer any material or process which shall be equal in every respect to that so indicated or specified. Artist shall not offer any substitute material or process if a substitute so offered by Artist is not found to be equal to that so indicated or specified by name, if one only be so specified or named, or, if more than one be so specified or named, then such one as shall be specified in the proposal, or if none be so specified, then such one as shall be required by City or LQHS. 13.10 Effective Date. Unless a different date is provided in this Agreement, the Effective Date shall be the latest Date of Execution, hereinafter set forth below the names of the signature hereto. Should Artist fail to enter a Date of Execution, the Effective Date shall be the Date of Execution by City. 13.11 Force Majeure. In addition to specific provisions of Agreement, performance by any party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, lock -outs, riots, floods, earthquakes, fires, casualties, supernatural causes, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, lack of transportation, Page 14 of 21 286 governmental restrictions or priority, litigation, unusually severe weather, inability to secure necessary labor, materials or tools, delays of any contractor, subcontractor or supplies, acts of the other party, acts or failure to act of any public or governmental agency or entity, including, without limitation, unreasonable delays in the processing and issuance of required permits for the installation of the Artwork by Artist (except that any act or failure to act of City shall not excuse performance by City) or any other causes beyond the reasonable control or without the fault of the party claiming an extension of time to perform. Notwithstanding the foregoing, market and economic conditions shall not entitle Artist to an extension of time to perform. An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within ten (10) days of knowledge of the commencement of the cause. In addition, times of performance under this Agreement may be extended by mutual written agreement by LQHS, City and Artist. [THIS SPACE INTENTIONALLY LEFT BLANK — SIGNATURES BEGIN ON NEXT PAGE] Page 15 of 21 287 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. CITY: ATTEST: SUSAN MAYSELS, City Clerk City of La Quinta, California APPROVED AS TO FORM: CITY OF LA QUINTA, a California Municipal Corporation M. KATHERINE JENSON, City Attorney City of La Quinta, California i nNq. ARTIST: FRANK J. SPEVACEK, City Manager LA QUINTA HISTORICAL SOCIETY la LINDA WILLIAMS, President MARIA HUNT By: MARIA HUNT, Artist Page 16 of 21 288 EXHIBIT A SCOPE OF DESIGN BUILD SERVICES I. SCOPE OF WORK a. Artist shall furnish all labor, material, tools, equipment, etc., required to design the Artwork in accordance with the quality level and intent of the concept drawings as prepared by Artist and approved by City and LQHS. b. Artist shall complete the design in sufficient scale and detail as required by City and LQHS authorities for approval. C. Artist's design and specifications have been approved by City and LQHS. No changes shall be made without approval of City and LQHS. II. GENERAL ITEMS OF INCLUSION: The work shall include but not necessarily be limited to the following: a. Artist shall examine or cause to be examined all supporting and adjacent surfaces and record any defects to LQHS and City prior to installing any material. The installation of any material constitutes the Artist's complete acceptance of all substrates as compatible with the work under this agreement. b. Artist is responsible for all repairs or replacement of any existing property or work which is damaged as a result of the performance of the work under this Agreement. C. Artist shall provide for all unloading, hoisting, and bracing for the Artwork. d. Artist shall provide all drilling, coring, cutting, fastening required for the artwork. e. Artist shall supply and install all specialty lighting required to complete the artwork. III. SPECIFIC ITEMS OF INCLUSION The two welcome signs will be installed in concrete in the center of the median where identified by the City. Every effort shall be made to secure the artwork in a manner to prevent theft. Page 17 of 21 289 The City will have an archived document listing the materials and sealers. This document will specify the type of equipment and materials used in the event repairs are needed. The lighting will include two solar powered mounted ground lights to direct light upward toward the artwork installed by the Artist. Page 18 of 21 290 EXHIBIT B SCHEDULE OF PERFORMANCE SCHEDULING: "Welcome Signs" shall be completed within eight weeks of the execution of this Agreement. Page 19 of 21 291 EXHIBIT C SCHEDULE OF COMPENSATION SCHEDULE OF PAYMENT TO ARTIST BY CITY: City shall pay Artist a deposit in the amount of: $3,000 City shall pay Artist after completion: Total Not to Exceed: $3,760 $6,760 Page 20 of 21 292 EXHIBIT D NOTICE OF COMPLETION FOR ARTWORK Piece of Artwork: Welcome Signs WHEREAS, by that certain Art Purchase Agreement dated , 2013 ("Agreement"), The City of La Quinta, a California municipal corporation ("CITY") contracted with LA QUINTA HISTORICAL SOCIETY ("LQHS") and Maria Hunt ("Artist") to provide certain "Artwork" (as defined in the Agreement); and, WHEREAS, as referenced in the Agreement, City and LQHS shall furnish Artist with a Notice of Completion upon completion of the fabrication and installation of the Artwork; and, WHEREAS, such certificate shall be conclusive determination of satisfactory completion of the fabrication and installation of the Artwork, as required by the Agreement, has been satisfactorily completed. NOW, THEREFORE, the parties hereto certify as follows: 1. As provided in the Agreement, City and LQHS do hereby certify that the fabrication and installation of the Artwork has been fully performed and completed. 2. Nothing contained in this instrument shall modify in any other way any executory portions of the Agreement. IN WITNESS WHEREOF, City has executed this certificate this day of 2014. CITY OF LA QUINTA, a California Municipal Corporation LA QUINTA HISTORICAL SOCIETY -32 Page 21 of 21 293 ATTACHMENT 2 Ms. Edie Hylton Director of Community Services Box 1504 La Quinta, California 92247 Dear Ms. Hylton, The La Quinta Historical Society is interested in working with the city on a new project to replace the welcome signs in La Quinta Cove. The Society has had a thirty year history of maintaining artifacts and collections and providing local history and cultural education by offering programs, tours and events. As a part of our ongoing efforts to educate ourselves and highlight the rich history oft e area, we would like the city to consider commissioning the work of a local artist who could design welcome signs that would identify the historic neighborhood of La Quints. Two signs would be created and located at the entrances to the cove. The informational lettering would be on original artwork. These signs are important to the city of La Quinta and are of interest to the Historical Society members and those interested in promoting the city's heritage. I would like the opportunity to meet with you to discuss the possibility of bringing this issue to the City Council. We have secured Maria Hunt as the artist who will provide the artwork. I would also like to request that Art in Public Places be considered for the funding of these signs. The La Quinta Historical Society is willing to contribute $3000 to the project to see it through to completion. Thank you for your consideration regarding this matter and please let me know what is needed to take this item before the City Council. Si rely, y inch Williams., President I I Nlailing Address- RO. Box 1283, La. Quinta, CA 92247 la quire a cove cove neighborhmA association Edie Hylton, Director of Community Services City of La Quinto 78-495 Calle Tampico to uinto, CA 92253 I am writing in regard to the proposed entry signs that the to Quinta Historical Society will Ix-ropose to the Community Services Commission - The original brown signs that now welcome drivers to the Cove an Avenue 52 and on Eisenhower were posted at the urging of CNA some years ago. Our intent concerning this new version is to share costs with the City by soliciting funds via our Cove Association website. When the project is approved, we will launch our drive to augment the City funding. On behalf of the Cove Neighborhood Association Steering Committee, I would like to endorse the conceptual drawing of a new Cove entry sign that Maria Hunt presented to the La Quints Historical Society on September 4, 2013. in addition to several members of the Historical Society Board who also serve on the SteenrI Committee, Kay Wolff and I were also present for the unveiling of the artwork. Both Kay and I were impressed with the quality of the art work, and offered some opinions and suggestions, which were embraced by the group, including the artist, Ms, Hunt. Linda Williams has forwarded to us a new image that represents all the suggestions made that afternoon. The modifications have produced a fine welcome to people entering the Cove Speaking for our Association, we would like to encourage the Common to approve the design and recommend it to the higher powers. ATTACHMENT 3 After 30 years as a successful business woman, Maria Hunt took up her childhood passion for art with classes at College of the Desert, in 2000. To refine her skills, she studied under accomplished Plein Air �­_tm 2-�Iki rig outdoors the focus of her works (except in the Summer, when watercolor and still life painting dominate). In addition to painting, Maria has focused her creativity and sensitivity in the classroom, helping others unlock their creative skills. Instructor and Demonstrator for adults (Local Watercolor art clubs) and children: LQAF Volunteer at Cesar Chavez Elementary (Coachella), Boys and Girls Club, (Indio), Art for families of Iraq -bound Marines at Twenty- nine Palms - 2006, Community Education at College of the Desert, Palm Springs Art Museum (Art Camp for Kids) 2005-present • City of Palm Desert, Public Art Project —Traffic Signal Boxes on El Paseo, 2005 (Refurbished in 1013), • Artist in Action at Palm Springs Art Museum (2011) • City of La Quinta for La Quinta Public Arts program, North La Quinta (4 Locations), 2010 • Cielo Vista Charter School, art classes for 6 1h graders & Art Instruction for fund raising projects 2013 • Juror for Art Exhibit for High School & College students at Palm Springs Art Museum 2010 to Present • Solo Exhibit, College of the Desert Library, 2001 • Indio Date Festival — Best of Show, 2008 • City of Palm Desert, solo art exhibit (Farming in the Desert— Up Close & Personal — paintings) 2012 Ms. Hunt's love of "community," and her passion for painting the landscape of the cove, makes t project for La Quinta Museum a perfect vehicle to bring the beauty of the cove to life, while enriching the community. I Maria Hunt E-mail: Mariahunt@mindspring.com (760) 774-6363 Web site: mariahunt.net and Fine Art America.com RUM The creation of replacement signs welcoming visitors into the historic La Quinta Cove. The signs incorporate early images of the cove with the welcoming text superimposed over the image. The signs will replace the large, brown wooden signs in place today. The signs replace existing ones at on Avenue 52 between Washington Street and Avenitas Bermudas, and on Eisenhauer at Calle Tampico Both signs will be 4' x 6' composed of 4" round aluminum posts painted satin black, supporting a digitally printed sign panel with a welded decorative aluminum scroll bracket beneath. Process: 0 An original piece of artwork will be created representing an early image of the La Quinta Cove. 0 The artwork will be digitally transferred to an adhesive backed, vinyl laminate and attached to a 4'x6' metal sign. The laminate will be UV protected to resist fading and anti -graffiti treated. 0 The completed metal sign will be mounted on satin black 4" aluminum posts with decorative caps and a welded black aluminum scroll bracket. 0 The completed signs will be professionally installed at the cove entry locations. triginal artwork and will coordinate the project until completion. The original piece of art is a 19" x 25" watercolor painting. The City of La Quinta will retain ownership of the original art, copyright will be shared with the City, La Quinta Museum, and the artist. PIUR Page 2 Proposal Welcome signs for Historic La Quinta Cove Cost for 2 Si ns Original artwork $ 750 Aluminum Post, digitally printed 4'X6' sign panel and welded aluminum scroll bracket $2,470/ea $4,940 MMM! M 11 am Solar lighting (Angled up from ground) $ 300 BM 1 -111, Mamiam Turnaround time for the creating the signs is 2-3 weeks from receipt of original artwork. The signs will be professionally installed, coordinating with Public Safety Department of City of La Quinta. The manufacturing process should take 2 weeks upon approval from the City of La Quinta. Approximate time for project should be 30 days once all approvals are made. 71JETRUXUAM 11111 1111i 1111M 111F I! Gl! GIEEMAM RUIZ 1611It IGII Tityl °F 4a" CITY / SA / HA / FA MEETING DATE: November 19, 2013 ITEM TITLE: APPROVE AGREEMENT BETWEEN CITY OF LA QUINTA AND COACHELLA VALLEY WATER DISTRICT FOR CONSTRUCTION OF PARALLEL CANAL WITHIN SILVERROCK RESORT RECOMMENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: 4 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve an agreement between the City and Coachella Valley Water District for the construction of a parallel canal within SilverRock Resort, subject to minor modifications approved by the City Manager and City Attorney. EXECUTIVE SUMMARY: • Due to differential settlement in the Coachella Canal ("Canal") between the portion on bedrock versus the portion on the valley floor that has significantly reduced its capacity to deliver irrigation water, the Coachella Valley Water District (CVWD) must replace a portion of the existing Canal within the Arnold Palmer Course at SilverRock Resort ("SRR"). • On May 21, 2013, the City Council selected the parallel canal option for replacement of the Canal, which has now been designed and will be advertised for construction bids in early 2014. • The agreement between the City and CVWD (Attachment 1) specifies the roles and responsibilities of each agency regarding construction of the new parallel canal, adjacent to the existing canal, scheduled to begin May 1, 2014. • CVWD has requested additional City right-of-way for the parallel canal, in return for expediting construction and by paying to truck the soil from the new canal to another location within SRR. This will lessen the damage to the Palmer Course. FISCAL IMPACT: Costs for the parallel Canal are estimated at $2,533,000, which includes golf course restoration and lost revenue for the course during construction. 1911191 Infrastructure bond proceeds will be used for the cost of restoring the golf course; however, they cannot be used to offset operational costs for the Palmer Course. Loss of golf revenue from May 1, 2014 to September 31, 2014 has been included in the SRR operating budget. Golf course restoration work that extends beyond October 1, 2014 may further impact golf revenues for Fiscal Year 2014/201 5. BACKGROUND/ANALYSIS: CVWD has been working with the City to address a subsidence problem that was first analyzed by the district in a study from April 2009. This study showed that the Canal had lost approximately half its design conveyance capacity due to settlement of the portion of the Canal that is resting on the valley floor versus the portion that that is resting on bedrock (see Exhibit A, Non -Subsided Portion of Coachella Canal in Attachment 1). City and CVWD staff reviewed options to address this condition, which were first presented to the City Council in late 2012 after which the City Council selected an option that would require construction of a new parallel Canal at a lower elevation just west of the existing Canal at SRR. The plans for this project are nearly complete and will be advertised for bids in early 2014. The agreement between the City and CVWD defines the requirements of each agency during the construction of the parallel Canal and the subsequent restoration of the Palmer Course. In summary, CVWD is responsible for all construction costs for constructing the parallel Canal within the existing United States Bureau of Reclamation (USBOR) right-of-way, while the City must provide access to the contactor and pay for restoration of the course, as required, under the original license with USBOR. During the design of the parallel Canal, it became apparent that the new alignment would require that a 20 by 771-foot section of additional right-of-way would be necessary for the new canal (Attachment 2). This Agreement provides for this dedication, without charge. In consideration for this dedication, CVWD has offered to truck the soil from the new Canal to an undeveloped area of SRR as shown on Exhibit "F". Once the new Canal is in operation, the contractor will be required to move the soil back to the golf course to fill in the old Canal. Storing the excavated material off the golf course will reduce the City's restoration cost by limiting the damage that would have occurred if the material was retained on existing turf within the USBOR right-of-way. Under certain circumstances, CVWD has the right to require that the City to provide a grant deed for the additional right-of-way dedication to ensure clear title to USBOR. It is possible that transferring the property by grant deed may cause the City to incur additional costs. However, as of this time, no such additional expenses are anticipated. Additionally, CVWD has offered to expedite the work by including liquidated damages if the contractor does not complete the new Canal and abandons the old one by September 1, 2014. These damages would help offset the loss in golf 1911111 revenue that may result if the golf course operator is not able to start over seeding the back nine holes in time to open the course for play by early November 2014. The details of the liquidated damages will be subject to future coordination and agreement. The following is the anticipated schedule of events: April 7, 2014 CVWD provides notice to Contractor. Contractor begins work on haul roads, construction staging area and material storage area within the temporary construction zones May 1, 2014 CVWD parallel Canal project begins; City concurrently advertises for bids for golf course restoration project September 1, 2014 CVWD Canal construction is complete and City's golf course restoration project begins October 1, 2014 Golf course restoration project is complete ALTERNATIVES: As this agreement should minimize damage and reduce down time for the City's golf course, staff does not recommend any alternatives. Report prepared by: Bryan McKinney, Principal Engineer Report approved for submission by: Timothy R. Jonasson, P.E. Public Works Director/City Engineer Attachments: 1 . Construction Agreement for Parallel Canal 2. SRR site plan showing new USBOR right-of-way 191110 1911I+: ATTACHMENT 1 CONSTRUCTION AGREEMENT THIS CONSTRUCTION AGREEMENT ("Agreement") is made on this day of 2013 (."Effective Date"), by and between COACHELLA VALLEY WATER DISTRICT, a public agency of the State of California ("CVWD") and CITY OF LA QUINTA, a California municipal corporation and charter city ("City"). CVWD and City are sometimes referred to herein individually as a "Party" and collectively as the "Parties." RECITALS A. On or about December 21, I928 the Congress of the United States of America ("United States") approved the "Boulder Canyon Project Act" (45 Stat. 1057). Pursuant to the Boulder Canyon Project Act, the United States constructed the All -American Canal and its Coachella Branch ("Coachella Canal"). The Coachella Canal is generally that portion of the All - American Canal from Drop 1 to Lake Cahuilla. The purpose of the Coachella Canal is to convey water for urban, agricultural, and groundwater recharge purposes. B. The United States, by and tlu-ough the Bureau of Reclamation ("USBR"), holds title to the Coachella Canal and CVWD operates and maintains the Coachella Canal pursuant to Contract No. I l r-781 with the United States dated October 15, 1934, as amended and supplemented. C Ground subsidence has occurred throughout the Coachella Valley at least since the original construction of the Coachella Canal. The Coachella Canal has subsided generally uniformly with the land except a portion thereof between Mile Post ("MP") 120.3 and the check drop structure at MP 121.8, which portion is more particularly depleted on Exhibit "A" attached hereto and by this reference incorporated herein ("Non -Subsided Portion of the Coachella Canal"). The Non -Subsided Portion of the Coachella Carnal is generally located west of Jefferson Street and extends to a point south of Avenue 54 adjacent to PGA West in the City of La Quinta. D. The Non -Subsided Portion of the Coachella Canal results in a hydraulic condition whereby the original flow capacity has been substantially reduced. In order to increase the flow capacity within the Non -Subsided Portion of the Coachella Canal, CVWD has determined that a physical solution must occur; including, but not limited to, the possibility of replacing and/or relocating all or a portion of the Non -Subsided Portion of the Coachella Canal. E. CVWD retained the services of GEl Consultants, Inc. ("GEI"), to evaluate the subsidence of the Coachella Canal generally; and the non -subsidence within the Non -Subsided Portion of the Coachella Canal and to perform preliminary engineering for four (4) water conveyance system ("Water Conveyance System") alignment options and six (6) design/construction options for each alignment. On or about April, 2009 GEI submitted to CVWD its report entitled, "Evaluation of Subsidence and Canal Replacement Options" ("Report"). A copy of the Report is on file in the offices of both City and CVWD. r&s redline #7 11.05.13 307 F. The Water Conveyance System alignment options identified in the Report require the installation of new concrete -lined canal and/or new pipelines, and the demolition and removal of certain existing concrete -lined canal, pipelines and facilities. G. The Parties previously selected two (2) Water Conveyance System options identified in the Report as the most viable {each, a "Design Alternative") for further design. The options selected for further design and costs analysis are generally described as the "Parallel Canal" and the "Jefferson Street Alignment." Those two options are referred to hereinafter as the "Project Alternatives'-' and are described further in Exhibit "B" attached hereto and by this reference incorporated herein. H. On or about March 13, 2012, the Parties executed all agreement ("Prior Agreement''). The Prior Agreement provided for (i) CVWD's retention of an engineering firm to complete the design plans and engineering cast estimates for the Project Alternatives; (ii) CVWD's retention of a construction management firm to prepare a second opinion regarding the construction costs for the Project Alternatives, (iii) preliminary California Environmental Quality Act ("CEQA") and National Environmental Protection Act ("NEPA") compliance studies and (iv) the Parties' respective payment obligations for the costs set forth in the foregoing clauses (i) through (iii). The Prior Agreement further provided a period of time for the Parties to determine if they jointly wished to pursue the construction of the Jefferson Street Alignment alternative. 1. On or about January 31, 2013, the Parties executed that certain amendment to the Prior Agreement ("Amendment"). The Amendment provides, in part, that the period of time to determine if the Parties jointly desire to pursue the construction of the Jefferson Street Alignment alternative shall expire on June 1, 2013, J. On May 21, 2013, the City Council of City decided not to pursue the Jefferson Street Alignment and therefore, CV WD will proceed with construction of the Parallel Canal. K. Existing CVWD/LUSBR right-of-way, including fee ownership and/or easements, for the construction, operation and maintenance of the Coachella Canal, shall be referred to herein as "Existing Coachella Canal ROW." The Existing Coachella Canal ROW is further depicted in Exhibit "D" attached hereto and by this reference incorporated herein. L. New permanent CVWD/USBR right-of-way to be obtained from the City, including fee ownership and/or easements, for the installation, operation and maintenance of the Coachella Canal (Parallel Canal), shall be referred to herein as "New Permanent Coachella Canal ROW". The New Permanent Coachella Canal ROW is further described and depicted in Exhibit "E" attached hereto and by this reference incorporated herein. M. Temporary CV WD/USBR right-of-way to be obtained from the City in the form of a temporary easement(s), for the construction of the Coachella Canal (Parallel Canal), shall be referred to herein as "Temporary Construction Easements)". The Temporary Construction Easements) are further described and depicted in Exhibit "F" attached hereto and by this reference incorporated herein. N. On or about June 24, 2004, the USBR executed a letter of consent to City (`'Letter of Consent") to use a portion of the Existing Coachella Canal ROW for the construction. 308 operation and maintenance of certain golf course improvements ("Golf Course Improvements"). The Golf Course Improvements are operated by City as a portion of the City's golf course commonly known as the "Palmer Golf Course at SilverRock." The Letter of Consent set forth certain conditions for the use of a portion of the Coachella Canal for the Golf Course Improvements, including, without limitation, the condition that City is solely responsible to restore the Golf Course Improvements as a result of the operation. maintenance and repair of the Coachella Canal. The Letter of Consent is further described and depicted in Exhibit "G" attached hereto and by this reference incorporated herein. O. The Parties now wish to provide for the Parties' respective responsibilities and cost obligations arising out of the construction of the Parallel Canal on the ternis and conditions set forth in this Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING RECITALS, WHICH ARE INCORPORATED HEREIN BY THIS RCFERENCE. AND FOR OTHER VALUABLE CONSIDERATION, THE SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED BY THE PARTIES, THE PARTIES AGREE AS FOLLOWS: I. All of the Recitals are hereby incorporated herein by this reference to the same extent as though herein again set forth in full. ?. CVWD shall construct the Parallel Canal alternative as generally described on Exhibit "B" attached hereto, within the Existing Coachella Canal ROW, the New Permanent Coachella Canal ROW and the Temporary Construction Easement. 3. (a) Attached hereto as Exhibit "C" and by this reference incorporated herein is the Schedule for, amongst other things, the following: (a) completion of the Design Plan (as defined in the Prior Agreement) for the Parallel Canal Alternative to 100% Completion (as defined in the Prior Agreement) in accordance with the Prior Agreement; (b) advertising and obtaining bids for the construction of the Project (as that term is defined herein); (c) awarding of a bid to the successful bidder ("Contractor"); and A completion of the work by the Contractor. Except as otherwise provided herein, CVWD shall be responsible for construction of the Parallei Canal alternative. (b) City shall be responsible, at its sole cost and expense. for all impacts to the Golf Course Improvements, including removing, restoring, repairing and reconstructing the same. The schedule may include time periods in which City must remove directly and indirectly conflicting Golf Course Improvements within the Existing Coachella Canal ROW so that Contractor may construct the Project, or CVWD may issue a notice to City to remove directly and indirectly conflicting Golf Course Improvements so that the Contractor may construct the Project. City covenants and agrees to remove or cause to be removed, the conflicting Golf Course Improvements within the Existing Coachella Canal ROW in accordance with the schedule or time periods set forth in the notice. `' 309 4. Pursuant to the Prior Agreement, CVWD agreed to act, and shall continue under this Agreement to act, as lead agency with respect to Environmental Compliance (as defined in the Prior Agreement) with respect to the Parallel Canal alternative including the removal, replacement, repair or construction of the Golf Course Improvements. CVWD shall continue to prepare, or cause to be prepared, and/or finalize or cause to be finalized ail instruments. documents, reports and other like or kind writings required to be prepared and/or filed by CEQA and NEPA. City hereby agrees to cooperate with CVWD. at City's sole cost and expense, in a timely manner with respect to CVWD's Environmental Compliance and the preparation of any documents or instruments required thereby. CVWD shall be responsible for all costs and expenses of Environmental Compliance, except those costs for the preliminary Environmental Compliance, which were covered in the Prior Agreement. City shall remit City's share of the preliminary Environmental Compliance costs to CVWD pursuant to the terms thereof. 5_ (a) Prior to the construction of the Parallel Canal alternative (sometimes referred to in this Agreement as "Project"), CVWD shah use commercially reasonable efforts to obtain any necessary fee title to real property and/or easements on real property needed for the Project, which are owned by persons or entities other than the City, CVWD or USBR. (b) Prior to the construction of the Project, the City shall provide at no cost to CVWD the New Permanent Coachella Canal ROW and the Temporary Construction Easement. The term of the Temporary Construction Easement shall commence on April 7, 2014 and end on September I, 2014 ("Completion Date"). As set forth above, the Project shall be completed by the Contractor. CVWD shall place a liquidated damages clause in the agreement with the Contractor which will provide compensation ("City's Damages") to the City in the event the Completion Date requires extension. The amount of the City's Damages shall be determined by City and CV WD as part of the request for proposals for a contractor for the Project. (c) Except as provided herein, the acquisition cost of the fee interests and/or easements shall be a cost of the Project. The grant deeds and/or casement documents shall be reasonably satisfactory to CVWD and USBR as to content, form, location and width, which assure USBR's right to own and CVWD's right to construct, operate, maintain, replace, repair, enlarge, reconstruct, remove and improve the real property. City may provide CVWD with quitclaim deeds instead of grant deeds to satisfy its obligations under Section 5, provided that CVWD is able to obtain title insurance from a title company in such form and content as shall be acceptable to CVWD. Fee title and/or easements granted to CVWD for the Project may ultimately be transferred by CVWD to USBR. 6. After the completed Design Plans have been approved by USBR, Environmental Compliance satisfied and ROW obtained, CVWD shall cause construction of the Project at its sole cost and expense, except with regard to the Golf Course Improvements, replacement and repair, which expense shall be borne solely by the City. CVWD may construct all or a portion of the. Project with its own forces as an expense of the Project. In lieu thereof, CVWD may advertise and obtain bids for the construction of the Project or the discrete components thereof in accordance to federal, state and local laws applicable to CVWD, including the California Labor Code, Government Code and Public Contract Code. CVWD shall negotiate and enter into all contracts and agreements with the Contractor with respect to the construction of the Project. 3 310 7. (a) City shall, at City's sole cost and expense, remove, replace, repair and reconstruct the Golf Course Improvements within the Coachella Canal ROW in accordance with USER requirements. City shall satisfy the requirements of the USBR at City's sole cost and expense. In the event a requirement of the USSR conflicts with the term of this Agreement with respect to the removal, repair. replacement or reconstruction of the Golf Course Improvements within the Existing Coachella Canal ROW, the requirements of the USSR shall prevail. (b) City shall employ, at City's sole cost and expense, a qualified professional engineering firm (`'City Engineer") to plan, design and prepare detailed construction plans and specifications for the removal, repair, replacement and reconstruction of the Golf Course Improvements within the Existing Coachella Canal ROW in full and complete accordance with CVWD's design criteria and standards. The City Engineer shall complete the design and detailed construction plans and specifications and the same shall be submitted to CVWD. CVWD shall approve or disapprove the construction plans and specifications within a reasonable amount of time after submittal to CVWD. In the event CVWD disapproves the plans and specifications, City shall modify the plans and specifications in accordance with the reasons given for disapproval and shall within thirty (30) days after receipt of notice of disapproval by CVWD submit the revised construction plans and specifications to CVWD for approval or disapproval. The foregoing procedure shall be continued until the construction plans and specifications have been approved by the District. (c) Upon the approval by the USBR of the City's application referred to in subsection (a) above (if required), approval of the plans pursuant to subsection (b) above (if required) and in accordance with the scheduled attached hereto as Exhibit "C" or the notice set forth in Section T. City shall employ a contractor or contractors in accordance with federal, state and local laws applicable to City, to remove, repair, replace and reconstruct the Golf Course Improvements within the Existing Coachella Canal ROW. Prior to entry on the Existing Coachella Canal ROW to remove, repair. replace or reconstruct the Golf Course Improvements. City shall apply with its contractor(s), for an encroachment permit from CVWD to remove, repair, replace and reconstruct the Golf Course Improvements. Nothing contained in this Agreement shall relieve City or its contractor(s) from complying with the foregoing obligation. The cost of removing, repairing, replacing and reconstructing the Golf Course Improvements, or any cost and expense arising out of the foregoing, shall be paid at the sole cost and expense of the City. CVWD or its contractors shall obtain an encroachment permit from the City before entering onto the property owned by the City, including the property within the Temporary Construction Easement, to carry out the construction activities authorized by this Agreement. 8. (a) All notices, invoices and payments (collectively, "Notices") provided for hereunder shalt be in writing and (i) mailed (registered or certified, postage prepaid, return receipt requested), (ii) delivered by reputable overnight or same day courier service that provides a receipt with the date and time of delivery, or (iii) hand delivered to the Parties at the addresses set forth below or at such other addresses as shall he designated by such Party and by a written Notice to the other Party in accordance with the provisions of this section. All such Notices shall, if hand delivered, or delivered by overnight or same day courier service, be deemed received Upon delivery and, if mailed, be deemed received three (3) business days after such mailing. Z 311 To City: Notices Delivered by U.S. Mail: City of La Quinta P.O. Box 1504 La Quinta, CA 92247 Attn: City Manager Notices Delivered Personally or by Courier: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Manager copy to: Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, CA 92626 Attn: M. Katherine Jenson; Esq. To CVWD: Coachella Valley Water District 85-995 Avenue 52 Post Office Box 1058 Coachella, CA 92236 Attn: Jim Barrett, General Manager copy to: Redwine and Sherrill 1950 Market Street Riverside, CA 92501 Attn: Gerald D. Shoaf, Esq. (b) This instrument, together with the exhibits attached hereto and other writings referenced herein, contains the entire agreement between the Parties relating to thG subject matter hereof and supersedes any and all prior agreements between the Parties, oral or written, and any and all amendments thereto, with the exception of the Prior Agreement which shall be binding on the Parties. 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. (c) In the event of any litigation or other action between the Parties arising out of or relating to this Agreement or the breach thereof, each Party shall pay its own attorneys' fees. (d) If any provision of this Agreement shalt be ruled invalid, illegal or unenforceable, the Parties shall: (i) promptly negotiate a substitute for the provision which shall, to the greatest extent legally permissible, effect the intent of the Parties in the invalid, itlegal or unenforceable provision, and (ii) 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 clause (i) above to give effect to the intent of the Parties without the invalid, illegal or 6 312 unenforceable provision. To the extent the Parries 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 provision, the balance of this Agreement shall not be affected, and this Agreement shall be construed and enforced as if the invalid, illegal or unenforceable provision did not exist. (e) Each Party hereto agrees to execute and deliver such other documents and perform such other acts as may be necessary to effectuate the purposes of this Agreement. (f) 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 or any of the rights or obligations of the Parties hereto shall be governed by and resolved in accordance with the internal laws of the State of California and applicable federal law. In case of a conflict between federal law and California law, federal law shall control. (g) The provisions of the Agreement shall be construed as to their fair meaning, and not for or against any Party based upon any attribution to such Parry as the source of language in question. ( h) Time is of the essence of this Agreement and each and every term and provision thereof. (1) (i) CVWD represents and warrants to City that: (A) CVWD has all requisite right, power, legal capacity, and authority to enter into and perform its obligations under this Agreement; (B) any persons executing this Agreement on behalf of CVWD are authorized to do so; (C) the execution of this Agreement by CVWD does not violate any provision of any other agreement to which CVWD is a party; and (D) except as may be specifically set forth in this Agreement, no approvals or consents not heretofore obtained by CVWD are necessary in connection with the execution of this Agreement by CVWD or with the performance by CVWD of its obligations hereunder. (ii) City represents and warrants to CVWD that: (A) City has all requisite right, power, legal capacity; and authority to enter into and perform its obligations under this Agreement; (B) any persons executing this Agreement on behalf of City are authorized to do so; (C) the execution of this Agreement by City does not violate any provision of any other agreement to which City is a party; and (D) except as may be specifically set forth in this Agreement, no approvals or consents not heretofore obtained by City are necessary in connection with the execution of this Agreement by City or with the performance by .City of its obligations hereunder. 0) Neither CVWD nor City shall, either voluntarily or by action of law, assign or transfer this Agreement or any obligation, right, title or interest assumed by such Party, except as otherwise provided herein, without the prior written consent of the other Parties. Any attempted assignment in violation if this provision is void ab initio. Subject to the foregoing, the provisions of this Agreement shall apply and bind the successors and assigns of the Parties. 313 (k) Except as specifically set forth herein, this Agreement shall not be deemed to confer any rights upon any individual or entity which is not a parry hereto (.except the USBR) and the Parties expressly disclaim such third party benefit. (1) A delay on the part of any Party hereto in exercising any right. power or privilege hereunder shall not operate as a waiver thereof, nor shall any waiver on the part of any Party hereto of any right, power or privilege hereunder operate as a waiver of any other right, power or privilege hereunder, nor shall any single or partial exercise of any right_ power or privilege hereunder, preclude any other or further exercise of any other right, power or privilege hereunder. (m) Subject to the provisions of this Agreement, CVWD shall own all works constructed pursuant to this Agreement, except the Golf Course Improvements. Title to the Coachella Canal and its appurtenant works remain with the USBR. Nothing herein shall be construed or interpreted to give City any right or ownership with respect to the Coachella Canal or the Project. City covenants and agrees not to assert any interest or control over the Coachella Canal or the Project or the operation thereof. (n) Each individual executing this Agreement hereby represents and warrants that lie or she has the full power and authority to execute this Agreement on behalf of the named Parties. (o) This Agreement may be executed in counterparts. each of which shall be deemed an original, but all of which shall constitute but one instrument. (p) Any payment not paid when due shall bear simple interest at the maximum legal rate allowed under California law from the due date until paid in full. (q) The Parties agree that any action or proceeding to enforce or relating to this Agreement shall be brought exclusively in the Federal or State courts located in Riverside County, California, and the Parties hereto consent to the exercise of personal jurisdiction over them by any such courts for purposes of any such action or proceeding. calendar days. (r) Unless otherwise specified, all references hereunder to "days" shall mean [SIGNATURES APPEAR ON THE FOLLOWING PAGE] 314 IN WITNESS WHEREOF, the Parties hereto have execrated this Agreement on the date and year hereinabove written. "C V W ❑" COACHELLA VALLEY WATER DISTRICT, a public agency of the State of Califonaia Date: 2101 y Bv: Its: APPROVED AS TO FORM REDWINE AND SHERRILL By Gerald D. Shoaf .`City" CITY OF LA QUINTA, a California municipal corporation and charter city Date: 20 13 By: ATTEST: Susan Maysels City Clerk - APPROVED AS TO FORM: RUTAN & TUCKER, LLP By; M. Katherine Jenson, City Attorney City Manager 315 EXHIBIT LIST EXHIBIT "A" NON -SUBSIDED PORTION OF THE COACHELLA CANAL EXHIBIT "B" PROJECT ALTERNATIVES EXHIBIT ``C" SCHEDULE EXHIBIT "D'° EXISTING COACHELLA CANAL ROW EXHIBIT "E" NEW PERMANENT COACHELLA CANAL ROW EXHIBIT "F" TEMPORARY CONSTRUCTION EASEMENT(S) EXHIBIT "G" LETTER OF CONSENT l {} 316 EXHIBIT "A" TO CONSTRUCTION AGREEMENT NON -SUBSIDED PORTION OF THE COACHELLA CANAL 191VA ............. IF F W7. EXHIBIT "B" TO CONSTRUCTION AGREEMENT PROJECT ALTERNATIVES 1 319 DESCRIPTION OF THE TWO DESIGN ALTERNATIVES Description of the proposed future construction project The proposed future construction project is intended to correct major flow deficiencies associated with the existing Coachella Canal .starting at Mile Post 120.3 and extending south through the PGA West Residential development. The loss of capacity within the existing open canal is the result of differential settlement between the section of the canal on the desert floor and the section of the canal that comes into close proximity with the Santa Rosa Mountains south of Avenue 53 and west of Jefferson Street (the "Non -Subsided Portion"). Due to the grade differences bet,xeen its subsided portion and Non -Subsided Portion the canal has lost over 50% of the original capacity that it was designed to convey. As a result of work by the CVWD and Agency Staff; two design alternates will be evaluated as a part of this Agreement to correct the flow capacity issues and are described as Follows. The proposed underground piping, option (i.e.. Jefferson Street Alignment) generally follows Jefferson Street along the western parkway, starting at the intersection with the Coachella Canal and proceeding south to the intersection of Avenue 54. NWh of Avenue 54, the proposed circular pipe, with the final diameter to be determined through the preliminary design effort described within the agreement, wilt bend to the west along the north side of Avenue 54. East of the existing canal, the proposed pipeline will curve southward and connect to the existing canal at a newly constructed drop structure located at Mile Post 121.8. This option will require the relocation of the existing L-4 Pump station, which is currently located 0.5 mile west of Jefferson Street. to a location closer to Jefferson Street, which will also be the location of an inlet structure for the open canal to closed conduit system conversion. In addition to the above mentioned construction, this option will require the relocation and reconnection of four active irrigation laterals and reconstruction of the drop structure at the lower end to facilitate the lowering of the conveyance system with a new lower outlet elevation. The existing canal section would be abandoned, and removed to the extent necessary, and the surrounding area would be re-established to conform to the existing condition. The second option (i.e., Parallel Canal] would reconstruct an open canal, parallel and west of the existing canal within the current canal easement right of way. The flow line of the proposed canal would be lowered to compensate for the subsidence to the east and north of the Non -Subsided section as described above. In addition, the capacity of the proposed canal would be designed to convey a now 25% greater than the original design capacity to account for any future subsidence. To obtain the additional capacity as described above, the overall depth of the canal would be increased from the current design of 8.25'. This parallel canal would stare approximately a quarter mile south of the L-4 Pump Station and reconnect to the existing, canal section at the drop structure at Miles Post 121.8. This new canal section would require reconnection of one in igation lateral to the proposed canal section, reconstruction ofthe drop structure to facilitate the lowering of the outlet elevation, removal and backfiII of the concrete canal section and re-establishment of the surrounding area to the existing condition. 1 320 EXHIBIT "C" TO CONSTRUCTION AGREEMENT SCHEDULE 14 321 EXHIBIT C PROJECT SCHEDULE July 23, 2013 City receives bids on irrigation relocation project (Complete) August 6, 2013 City awards irrigation relocation project (Complete) September 15, 2013 Biological Study is complete (Complete) September 30, 21013 City's irrigation relocation project. is complete (Complete) October 16, 2013 CVWD submittal of Bio Report to CDFW (Complete) October 31, 2013 Cultural Resources. Reports are complete (Complete) November 1, 2013 Cultural Resources Reports submitted to USBR (Complete); November 5, 2013 Parallel Canal Plans are complete, USBR submittal of Bio Report and 95% Design plans to USFWS (Complete) December 15, 2013 Secure State Historic Preservation Office (SHPO) approval of Cultural Resources findings, CVWD-CDFW Bio coordination completed, USBR-USFWS Bio coordination completed, Draft NEPA EA submitted to USBR for processing/approval December 16-20, 2013 Draft CEQA MND to CVWD EAC, CVWD distributes CEQA MND for 30-day comment period, USBR begins NEPA EA 30- day review period January 20, 2014 CEQA MND 30-Day comment period is complete, USBR NEPA EA 30-day review complete January 28, 2014 CEQA MND goes to Board for approval to complete CEQA, NEPA EA approved by USBR (Finding of No Significant Impact signed to complete NEPA) January 29, 2014 CVWD advertises project and solicits bids February 28, 2014 CVWD receives construction bids March 25, 2014 CVWD awards construction contract April 7, 2014 CVWD provides Notice to Proceed to contractor May 1, 2014 Construction of canal relocation begins September 1, 2014 Construction of canal relocation is complete * Contractor is pennitted to begin work can haul roads, construction staging area, and material storage area (temporary construction zones) IGNI EXHIBIT "D" TO CONSTRUCTION AGREEMENT EXISTING COACHELLA CANAL ROW i 323 EXHIBIT "D" $"EE` 1 OF 7 EXISTING COACHELLA CANAL ROW 6 5 52TH AVENUE 5 4 78 I USBR PARCEL C--339-A-Ri. SEE SHEET 3 f USBR PARCEL C-339-B-Ri. SEE SHEET 4 ui N z N a MID --SECTION LINE z r ^ - 0 - - U NON DESIGNATED w USSR PARCEL SEE SHEET 2 4 I A USER PARCEL �I 4 C-339-RI I w SEE SHEET 5 I w I w USSR PARCEL C--34❑ I SEE SHEET 6 I 7 g 54TH AVENUE g 9 18 17 Iw 17 16 z d �0 U z I V] USBR PARCEL to C-340A SEE SHEET 7 COACHELLA VALLEY WATER DISTRICT COACHELLA, CALIFORNIA SECTIONS 8 AND 17, T SS., R.7E., S.B.M. 324 jr l` �•�'r 1r c..s. - .-1,;i..-::� y �-'L._ rh^.11 .� .� 'Jr a •. Nei OF T -C r101V 8, 7-G,3 , R QC., 5 8M. dui:= f 1 � ; r• �a ��_�; •ram 131-9.8-1 w -,� •� �:,[• _ � - - - . ;�. 94 Air bra Tn�'fc#,7' _ ,�•r _ is yeait rc i+j 7� a t�CJR(aR2f �¢m, `�N ��E 4tR . �+r, AU- if11{E �Y CAA 9Y,�fr!1 C�1fQ�INf�G 1i �„(. .. ` - N� vx��_ J •� "`JM1 i• � #•' 4� 4L. L ' . r 1 � AIR^? L•J�L.� r�L1�.�%ii ,�A. � � _ - � � �' . y ter . ►fAP 'ry'_ i 1. ;• mi6w - - - 4 _L.^.=.:['i•. ti.t:flT-'. ��t `�' 1_il�'- CSC-'�f�:: i•..�- yG - 6YI41617- .p j9'v --fhler-4 of 7 ' PR�P,F'R�Y aF e EN,JAAofINZ' A. AAA RS a, 7-4:5.J,1 Av7e S. ,vorlhsve re corner ` ff _L- i F F Kt'Y M A P r SECT404 g ai 7 N 890.54'510E-659.97■ 130• 00 71c 31.3. 76 ?36. 48 7- 236. 13 r` L-37113 ni h TRACT A� 1 a 5'•P.5 Acres r. 0 h ��—Colder or 5ecticrz 8 5.25.4�>z�s Area rsyrulr�o' f'or f,7 i9'h of l�Yoy. L :lrvrr[g sl�tr[s 07. iA,C'T ylNT v1 Tr4 / yTCpI O,C R_REAU CF frFCLn!",A ilC+N BOULDeR CANYON PROJECT A-'4 A ^?ERICA/V CAAIAL .SYsrrM-CdLIFO+?NIA RlGHr ar wAY P�,J�eE� c ",�3�-a •rei � ti 4 P�"YfJr7 :•tam ar�rlG. VI. -JP d I=-�. 327 for sy .. � ��•= � 1�'� �S'�,� �'�SE:¢ .�i'�� ��E��""Jd��I "�, '�`�a S, � 7E, .58,4� - �. 20.00 858.8� N 89"SB r 4zio 73 - � RA0h4L LJlllfZo 7y L - 355- 91 . ; �pRdl1► , 1 .... S 28"2(9139 "E '�=,•; a y+�a_ a 5� 74•62 se 142'o5 R - 716, 2D ' T- 386.45 r; ,a ii- - 708- 77 �. �` ` ►� 1432.40 n I -159. 94 -",e• �' �' :� �: 'y;. .. moo. p y .''s .34,"37'77"W • 3 J7 11 !J r' t s w�- - ' Bl4.62`. � l432•xf0� � ;. #"f� Cot- 9. 5 i AC. TO_I ' . r .r2.F.dL' FXceoiYp�7 i7-CaI !'��Urrcr ,i -- •• '_ Y � • y .. IJFG.aAf2 L�MO44 Svl mil' .GUA'[a G R„EEiil,/l.ir�l7i.:1L' +J�¢ I uc� CAN) G1N r 'A4L-fA.AffrRl C.tMA4.SYs LJf-{rfR%Ni$ s Y *_ . G� Fti:� :t`' - - .- � - -_ ..�...,v 7„ J :i { -� - {..r y,J r "v ::'.i+ ,,, i t • 328 W. 5 O' I& 14.•._ 3r1 . . ].P y:.. f1 yY k Tl "��'l•5; .,�:.; L��Yr L. �.�`f '�'T�1 x •:..�+ _ - �?r`�Y1• �t1:'.'•.': .;- .h' ;iJr� .?.D.,..�{,:•f;,C+c`,;;y kto jL :.ti i'`• � � , 4�#'" L' s L� Cam: d}�� v � � � -'�, %t '�i - 7 71.10 �+ t IQ -14 CO J� y�r IFr '�! ;��,�e_f:i .a'. '� _ -• may,. 1 , i�.� - �' i r 3�t *14 ¢¢�i'r .1•�Jf e14 � ..., s f..:4 i }.; ..{ ,�'�� y'�y . _ �� _ _4'r.Ai ..y'`_" ?r... r•ie C'• 5.L `1F r: i '.�'i �Yh. r Y�y�,�{1,� 1r EXHIBIT "E" TO CONSTRUCTION AGREEMENT NEW PERMANENT COACHELLA CANAL ROW 16 331 EXHIBIT E OF THE CONSTRUCTION AGREEMENT BETWEEN CVWD AND THE CITY OF LA QUINTA SILVERROCK CANAL WATER CONVEYANCE SYSTEM NORTH 114 CORNER -- -- - -- - -- - -- - -r -- I ADDITIONAL Z' RIGHT-OF-WAY TO BE ADDED TO EXISTING EASEMENT r: I w Lu z Q CJ . N C� 52N❑ AVENUE w N T(z EXISTING COACHELLA CANAL uJ RIGHT-OF-WAY Imo. } u� I � w NIL F¢¢- Lil I 11 I ' I--------.-.--------. .-- SOUTH 114 CORNER �4TH AVENUE PERMANENT EASEMENT = 0.354 ACRES w w KRY Wfi TO CONSTRUCTION AGREEMENT TEMPORARY CONSTRUCTION EASEMENT(S) 17 333 EXHIBIT "G" TO CONSTRUCTION AGREEMENT LETTER OF CONSENT 18 335 0322 United States Department of the Interior -10655 .12 BUREAU OF RECLAMATION 4D Yams Arm ORiee 7301 Agin56 iK�rxrsewrtYum,Asa 85364 DUPLICATE A YAO-7120 ORIGINAL LND-6.00 Contract No. 04-07--34-L1379 Mr. Mark Weiss Assistant Executive Director La Quinta Redevelopment Agency City of Ira Quinta P.O. Box 1504 La 4uinta, CA 92253 Subject: City of -La Quinta (Consentee)- Letter of Consent (Letter) - Contract No. 04-07-34-LI379 - Installation, Maintenance, and Operation of Facilities for Silverrock Ranch Golf Resort - Boulder Canyon Project, All -American Canal System, Coachella Division, California Dear Mr. Weiss: This is in reference to your Right -of -Use Application of March 10, 2004, requesting permission to use the Bureau of Reclamation's (Reclamation) right-of-way for the Coachella Canal (Canal) in conjunction with the Consentee's development of the Silverrock Ranch Golf Resort (Project). The proposed use will include grading and landscaping, boring under the Canal for utility crossings, and installing three golf course bridges across the Canal. The Project is located between Avenue 52 and Avenue 54 west of Jefferson Street in La Quinta, California, within portions of sec. 8, T. 6 S., R. 7 E., San $ernardino Meridian, and is shown on Exhibits A, B, and C which are enclosed and made a part of this Letter. Reclamation and Coachella Valley Water District (District) have no objections to the subject request, provided that the Consentee complies with the conditions hereinafter'stated: 1. The Consentee hereby agrees to hold harmless and indemnify the United States, its employees, agents, successors, or assigns from and against any claims, demands, costs, losses, causes of action, damages, or liability of whatsoever kind or nature arising out of or resulting from acts or negligenge of 060708-1-006 060708-2-XXX 060708-3-XXX 060708-4-XXX Kx1: 2 the Consentee, its .officers, agents, or employees in -the utilization by the Consentee of the rights granted to it pursuant to this Consent. Additionally, except for acts of negligence, the Consentee releases the United States, its officers, employees, successors, and assigns from any and all liability for damage arising from injury to persons or damage to structures, equipment, improvements, or works of the Consentee resulting from the construction, operation, or maintenance of any of the works of the United States. Provided, however, that nothing contained in this clause shall be deemed to modify or limit any liability which may be imposed by the Federal Tort Claims Act, 28 USC, Section 2617 et seq.(1970). 2. Consentee may not allow contamination or pollution of - project lands, waters or project works of the United States and for which the Consentee has the responsibility for care, operation, and maintenance by its employees or agents and shall take reasonable precautions to prevent such contamination or pollution by third parties. The Consentee shall comply with all applicable Federal, State, and local laws and regulations, and Reclamation policies and instructions, existing or hereafter enacted or promulgated, concerning any hazardous material that will be used, produced, transported stored, or disposed of on or in project lands, water or project works of the United States. Upon discovery of any event which may or does result in contamination or pollution of project lands, water, or project works of the United States, the Consentee shall initiate emergency measures to protect human health and safety, and the environment if necessary and shall provide notice of such discovery with full details of the actions to Reclamation. In the case of any emergency involving the Canal, or the right-of-way, Consentee will immediately notify Reclamation's Yuma Area Office, Hazardous Materials Team Leader at telephone No. 928-343-810C. 3. Consentee will maintain and ensure a sanitary work site (clear of debris and physical hazards) within the subject right-of-way during the term of this Fetter. 4. Reclamation and the District retain all rights previously reserved and the authority to enter upon the subject right-of-way and perform any improvements or repairs to the Canal. 5. The Consentee and/or its contractors are responsible for securing all required permits prior to commencement of all 337 3 authorized -Construction activities within the subject right--of-way. 6. The Consentee will notify Reclamation at telephone No. 92B-343-8100 and the District at telephone No. 760-398- 2651 at least five (5) working days prior to installation of the golf course bridges across the Canal to allow for the scheduling of an -inspector or inspectors to be on site at the time of installation. 7. In the event that the Consentee is not the underlying owner of the proposed crossing, it shall be incumbent on the Consentee to secure permission of the underlying fee owner(s) for approval to enter upon, cross, or use Reclamation's right-of-way. 8. After completion of work the Consentee shall furnish Reclamation 'and the District with "As Built" drawings. In addition, the Consentee will be solely liable for any damages incurred to the subject Canal or related facilities resulting from the use of the right-of-way. In the case of any emergency involving the subject Canal, we request immediate notification to our office at telephone No. 928-343-8100 and to the District at telephone No. 760-398-2651. If this Letter is satisfactory, please execute the original and the two duplicate originals. Please return the original, and the two duplicate originals to Reclamation along with a resolution authorizing the signature. If you have any further questions or concerns regarding this matter, please contact Ms. Peggy Haren at 928-343-9547. Sincerely, A�f— CUhia Hoeft, Director Resource Management office Enclosures 338 4 .Convar : COACHELLA VALLEY WATER DISTRICT By: Steve Robbins Title: Ggnaral_M&nagn= "hief Engineer Date* 6/9/04 LA 4UINTA REDEVELOPMENT AGENCY CITY OF LA QUINTA By: Title- {-�r Merl -, Date: 5-11-04 cc: Mr. Doug Franklin The Keith Companies 73-733 Fred Waring Drive, Suite 100 Palm Desert, CA 92260 (w/encls) Kx Aedevelopment Agency Minutes 2 January S, 2004 APPROVAL OF MINUTES MOTION - It was moved by Board Members Sniff/Adolph to approve the Redevelopment Agency Minutes of December 16, 2003 as submitted. Motion carried unanimously with board Member Perkins ABSENT. CONSENT CALENDAR 1. - � APPROVAL OF DEMAND REGISTER DATED JANUARY 6, 2004. 2. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH MCKENNA ET AL. FOR ARCHAEOLOGICAL MONITORING SERVICES FOR SILVERROCK RANCH. 3. APPROVAL TO -AWARD A CONTRACT REGARDING THE SILVERROCK -RANCH THEE RELOCATION PROGRAM PROJECT NO. 2002.07A. MOTION - It was moved by Board Members Sniff/Adolph to approve the Consent Calendar as recommended. Motion carried unanimously with Board Member Perkins ABSENT. BUSINESS SESSION 1. SELECTION OF THE REDEVELOPMENT AGENCY CHAIRPERSON AND VICE CHAIRPERSON FOR THE CALENDAR YEAR 2604. There were no changes to the staff report as submitted and on file in the City Clerk's Office. Chairperson Henderson declared the Chair vacant end nominations were opened by Acting Chairman Sniff. Board Member Adolph nominated Board Member Henderson. MOTION - It was moved by Board Members AdolphlOsbome to close nominations and elect Board Member Henderson as Chairperson for Calendar Year 2004. Motion carried unanimously with Board Member Perkins ABSENT. Nominations were opened for Vice Chair, and Board Member Sniff nominated Board Member Perkins. 340 VVINVMPJA iL4aPAsT IN THE CITY OF LA QUINTA, STATE OF CAI.IFORNIA Exhiblt A SiLVERRQCK RESORT GOLF CART BRIDGE PLANS bra WCAT= IN A PORTION OP 9[L•iIONS ti, 6 6 B. TiOWNSH1P 6 SOUTH, RANCE 7 E49T. 8.9-8 M- iMMULZMT LIiM�7If iM�/iMLiE'�Ir— �• µ sMw ewi 'Ma MT 1 ��_r.�_.— mvow TOW1rP, No ��IJ�'�Xr/�jV/j*�la i�nrisai fj, � '. 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M.IM Hm1w a 1-1• In•I.�irl }Ir � In ti• .w�. wn. �r P�.C2ISJR ICRTEO STEEL igSlSS SECT Ip11 ..... rw•s ..+.rfr w rrw �.r... r}w �.. o ILA imulmvg—�— [cl.•it �'�xsss�arr�x�r�r�r �r IN THE CITY OF LA RUINTA, STATE OF CALIFORNIA Exhlb$ S S11T-VERROCK RANCH CANAL UTILITY CROSSING PLAT) 00ILF COURSE #01 r "^�vm�rrfiurew�y v. qtww, T��a .u O LA 0 IN' AUi .. ... o....w OLVM OCR RANCH Sy7i "�": ` .ram+. — X r•.r "i'�`• R^ ..ter MW wsr _.._ R�7rr111�A.� ��••• ,��••'� LAtR �41 Kb-11 KWA United States Department of . rG SUREAU OF RECLAMATION Am OMcc 7301 Colk Agn Salado e+�mr utac JUN ��� YU016 Axiwu $5364 xAo-7120 C,q*,0. LND-6.00 JUN 2 4 W Mr. Mark Weiss Assistant Executive Director La Quinta Redevelopment Agency City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Contract No. 04-07-34-L1379 Pile: 0322.12 060706- 060708- Subject: City of'La Quinta (Consentee) - Letter of Consent tLettery - Contract No. 04-07-34-1,1379 - Installation, Maintenance, and Operation of Facilities for Silverrock Ranch Golf Resort - Boulder Canyon Project, All -American Canal System, Coachella Division, California Dear Mr. Weiss: Enclosed for your files is a fully executed duplicate original of the above referenced Letter, Contract No. 04-07-34-L1379. The Letter allow& the Consentee to use Reclamation's right -of -sway for the Coachella Canal in conjunction with the development of the Silverrock Ranch Golf Resort located in La Quinta, California, as outlined in the terms of the Letter. Please be reminded that all construction activities authorized by the Letter must be coordinated with the Coachella Valley water District prior to -the commencement of those activities.. If you have any questions concerning the Letter, please contact Ms. Peggy Haren, Realty Specialist, at telephone No. 928-343-8541. Sincerely, CMTHIA HOEFT Cynthia Hoeft, Director Resource Management Office Enclosure SCANNED W Za 353 cc: M . Steve Robbins eneral Manager Coachella Valley Water District P.D. Box 1058 Coachella, CA 92236 tw/encl) Mr. Doug Franklin The Keith Companies 73-733 Fred Waring Drive, Suite 100 Palm Desert, CA 92260 (wlencl) 354 ATEp a/ s r R tcl Infer -office Memo SUEUECT: Canal Maintenance at Silver Rock DATE: 7/25/2005 Ranch Golf Resort FROM: Michael Schaefer TO: Mark Johnson FILE #: 0322.12 060708 Preamble Staffmet a L epartment to 'cw the term of the Bureau of Reclamation (BOR) Letter of Con Contract 7-34-LZ379) for a installation, maintenance, and operation of facilities for the SiIV hrt. See copy of Letter of Consent. Executive Summary The terms of the Letter of Consent between the BOR and the City of La Quints EDA do not specifically outline the terms to operate and remove silt from the canal facilities for the Silver Rock Ranch golf Resort. The teems of the Letter of Consent state that the, "Reclamation and the district retain all rights previously reserved and the authority to enter upon the subject right of way and perform any improvements or repairs to the canal." However, there are no specific terms that identify the following: ■ When to remove silt from the canal, and R When to remove silt from the L-4 Pumping vault, and ■ How to handle the silt af3er it is removed, and s Who is responsible for the costs to transport the silt, and • Who is responsible for the costs to repair damages during the silt removal process.' The projected costs to remove silt within the Silver Rock project should be approximately $85,000 per Occurrence. Staff intends to prepare a Memorandum of Understanding with the city of La Quinta EDA concerning the terms to remove silt from the canal and outline each agencies respective cos#. Background The BOR does not own the land in fee for the canal at this location. The Bureau of Reclamation (BOR) only has a reserved easement on the patent deed. ' The silt wdl have to be dredged from the canal and piled along the edge of the canal for several days while the malmial dries. Once dried it will have to be hauled away. jAenVwrVwd*y_p%ar IYa ock cam) h'atory.doc 19M. The Bureau of Land Management (BLM) originally owned the land. The BLM issued BDR a Right of Way Grant for its facilities to be there. The BLM then patents the lands out (sells the land to the public). The BDR Right of Way Grant then acts as an encumbrance which nuns with the land, but because the BDR only has an easement their only authorization is to the consent of the land by the fee title holder. There are only two properties like this in the valley, the Hills development and Silver Rock Ranch. Discussion Within 5 years we can expect to clean the canal within the Silver Rock Ranch golf Resort development The projected costs to remove this silt within the Silver Rock project should be approximately S85,000. The L11 Pumping vault needs to be cleaned on a bi-annual basis at a cost of $12,000 per occurrence. Should the LA pumping vault exceed a silt level in excess of 2 feet it will plug the newly installed meter and the district will not be able to provide Silver Rock with canal water. Historically, silt, will exceed four (4) feet in depth per year in the pumping vault. Direction Staff intends to prepare a Memorandum of Understanding with the city of La Quints EDA concerning the terms to remove silt from the canal and which agency is responsible for what costs. The terms of the Agreement will outline the following: 1. When the silt will be removed, and 2. How the silt will be handled throughout the removal process and 3. Who is responsible for each respective cost. 4. The agreement will be submitted for review and approval to Redwine and Sherrill Submitted by Michad Schaefer Date j:kagpooPm*dar dtn &iivw=k cans! hisaory.doc [cl.'S: ATTACHMENT 2 I. lI LU U) Ix W o z wz :E ww 2 0 LU U) U) < w LU z < Lu bo C, LLJ Z LU W 0 0 0 Z < 0 a 0 :E Of m w z LU 1 IN: Lu _j LU 357 358 CAM OF 9ti CITY / SA / HA / FA MEETING DATE: November 19, 2013 ITEM TITLE: DISCUSS MODIFICATIONS TO ROUNDABOUT AT JEFFERSON STREET/AVENUE 52 AND INSTALLATION OF NEW ROUNDABOUT AT WESTWARD HO DRIVE/ ROADRUNNER LANE RECOMMENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: 1 PUBLIC HEARING: Discuss proposed modifications to the Jefferson Street/Avenue 52 roundabout, the feasibility of constructing a new roundabout at the intersection of Westward Ho Drive/Roadrunner Lane, and provide feedback to staff. EXECUTIVE SUMMARY: • Due to citizen complaints regarding traffic flow and safety issues, a feasibility study was prepared for potential modifications of the Jefferson Street/Avenue 52 roundabout and a new mini -roundabout at the intersection of Westward Ho Drive/Roadrunner Lane. • Modifications on the existing Jefferson Street/Avenue 52 roundabout would bring the design current in order to improve efficiency and safety for motorists. • A mini -roundabout at the four-way stop at Westward Ho Drive and Roadrunner Lane would improve traffic flow. FISCAL IMPACT: Modifications to the existing Jefferson Street/Avenue 52 roundabout is estimated at $80,000 for an interim improvement and up to $1.8 million for an ultimate improvement, depending on landscape enhancements that could be included. The ultimate improvement may qualify for funding from the Coachella Valley Association of Governments (CVAG) since it is part of the arterial network. Construction of a mini -roundabout at the intersection of Westward Ho Drive/Roadrunner Lane is estimated at $130,000 for an interim improvement and up to $350,000 for an ultimate improvement. Upon City Council direction, staff will prepare a detailed budget and appropriation for consideration in conjunction with the 2014/201 5 Capital Improvement Program. BACKGROUND/ANALYSIS: Based on resident complaints as well as a performance review of intersections included in the City's Traffic Safety Study, staff had Roundabouts & Traffic Engineering (RTE) perform an analysis of the existing Jefferson Street/Avenue 52 roundabout, as well as a feasibility study of a mini -roundabout at the Westward Ho Drive/Roadrunner Lane intersection. RTE has designed hundreds of roundabouts throughout the United States including the Eisenhower Drive and Calle Sinaloa roundabout. A brief overview of the two studies is given below: Jefferson Street/Avenue 52 Roundabout The Jefferson Street/Avenue 52 roundabout was originally constructed in 2000. Signing changes recommended by the Peter Doctors, the original designer of the roundabout, were made in 2007 without changing the physical geometry of the roundabout. These striping and signage changes did not significantly improve the operation of the roundabout which, according to accident data, continues to be ranked in the top ten for accidents in the City. Drivers continue to be unsure as to who has the right to enter the roundabout first since all of the approaches have two lanes; and, once in the roundabout, they are further confused as to whether or not they are supposed to travel in tandem or in line since it is not clear whether there are one or two lanes inside the roundabout. This confusion often leads to side -swipe or rear -end accidents when drivers unexpectedly enter or exit the roundabout. Furthermore, the right angle approaches to the roundabout tend to lead to more serious accidents when drivers approach the roundabout at high speed and then fail to slow down until it's too late to avoid the center median. This has led to several single -car injury and non -injury accidents with extensive damage to the vehicle, median landscape, and other improvements. RTE analyzed the existing roundabout and found that the current and foreseeable traffic volumes do not warrant a two-lane roundabout or the dual -lane approaches that currently exist. In order to best address this, RTE recommended the following as ultimate improvements (Attachment 1): Ki:1t • Reconstruct the medians on all four approaches to only allow a single vehicle at a time to enter the roundabout at a less extreme angle than what currently exists. • Reduce the travel way inside the roundabout by adding a raised truck apron similar to the one installed at Eisenhower Drive and Avenida Sinaloa to the inner circle of the roundabout. Unfortunately, in order to make these changes much of the existing curbing, striping and landscaping would have to be removed and replaced, resulting in a virtual reconstruction of the roundabout. Because of the high cost for this option (approximately $1 .8 million), staff also asked RTE to develop an option that would allow the City to address the design issues of the existing roundabout with a lower cost than total reconstruction of the improvements. This option would include: • Modify all four approaches with either striping or temporary curbing to reduce the entry to one lane at a reduced angle of entry into the roundabout. • Restripe existing center median to include a painted truck apron with raised pavement markings to discourage passenger vehicles from using the center lane. While this option is only recommended as an interim solution, the efficiency and safety of the roundabout would be greatly improved until the permanent improvements could be made some time in the future based on the availability of future funding. The estimated cost of this option is $80,000. Westward Ho Drive/Roadrunner Lane Roundabout During a recent modification to the traffic signal at Westward Ho and Dune Palms Drives, staff found that during peak school traffic the intersection of Westward Ho Drive and Roadrunner Lane was operating as a bottleneck and backing up westbound traffic almost to Jefferson Street. RTE reviewed the operation of the four-way stop at this intersection and determined a mini -roundabout would best address the issues and improve traffic flow on Westward Ho Drive in general. RTE recommends that median islands be constructed on the Westward Ho Drive approaches, reconfiguration of the corner curb, gutter and sidewalk on all four corners, and the addition of a center circle in the intersection (Attachment 2). The preliminary estimate for these improvements is $350,000. Similar to the Jefferson Street/Avenue 52 roundabout, in order to save costs while still addressing traffic issues, the center median could be constructed using K11-11 mountable curb while using striping and raised pavement markers to narrow the approaches into the intersection. The estimated cost for this option is $130,000. ALTERNATIVES: Hybrids of the options given may be possible to either improve performance of the intersection and/or provide better aesthetics for the interim options. Scott Ritchie, president of RTE, will be available to discuss alternative designs. Report prepared by: Bryan McKinney, Principal Engineer Report approved for submission by: Timothy R. Jonasson, P.E. Public Works Director/City Engineer Attachments: 1 . Jefferson Street/Avenue 52 roundabout rendering 2. Westward Ho Drive/Roadrunner Lane roundabout rendering Ki:% xursua ti aiuti - no ti uno da Suidu died uoi ti iOdsutit uoisuzi s�"`. • � 1 ll1 . Q � a � 2IZS 6' � S .L \ � � .L \ Q SIB \ -1 ,�.:.r-.. .�, � _ „ �I •�'^-fit l L .s } y�-• ;��.. . Ire � �qr fir. _y `j�§i� . .. �% i .�Li •. Y' -� r'"'4�_� 'ti . �..;` _; �. per Y . •. y .,y� ` � ;. . �R t _ •:d•Si. - "§ awn " � "� - �. R •$. • ~ o p.-rr •Af-' _ry f e :j f f ....Y If N- o -QO`OM3S0H- _ Ik i rq �' �,•,� O: fix- �� I � �� � -R�� `LJIF 3=�I00dS�1?I3S3Q — �. t 9p^iasa " w Rt Lt 0, ISNOS?I3d _ .._.. - 3 ST— YIEFFERSON_ - -- , p �• x -49 All ow • � a• �C`t,� rl , a =� I I cry .. O � � ' rCi r w ri4ApI j f�l .i I►I o 11 s � X O a, Ul a, 0) > VI 0 a, Q n O d -- O_ Ln Ln d U U) V)_ S O 4- W O Z 1 J Z O LLJ 8LL U Z LLJ LJ L.� LLJ J a w z w 0 ly 0 LLJ a U LLJ J a U O O Z LLJ L7 Q K1:1: o� u,tcv � o� V s y ,rY c�tit OF CITY / SA / HA / FA MEETING DATE: November 19, 2013 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: DISCUSS AMENDMENT TO CITY OF LA QUINTA MUNICIPAL CODE REGARDING TRUCK CONSENT CALENDAR: ROUTES STUDY SESSION: 2 PUBLIC HEARING: RECOMMENDED ACTION: Discuss existing truck routes and, based on the discussion, direct staff to bring back an Ordinance to the City Council to amend the City's Municipal Code Title 12.56, Section 12.56.011, Truck Routes Designated, as appropriate. EXECUTIVE SUMMARY: • Truck routes restrict vehicles in excess of three tons to certain roads that are designed to accommodate them. • Access to non -truck route roads is limited to deliveries/pick-up of merchandise or construction supplies. • Adams Street, Dune Palms Road, and Blackhawk Way are currently designated as truck routes (Attachment 1). • Complaints were received from residents adjacent to Adams Street, Black Hawk Way, and Dune Palms Road concerning noise from truck travel. • Staff has determined that there is no longer a need for these roads to be designated as truck routes and therefore recommends removing the truck route designation for these roads from the Municipal Code. FISCAL IMPACT: None. KirA BACKGROUND/ANALYSIS: As required by the Municipal Code, the City Traffic Engineer has recommended, and the City Council has adopted, an Ordinance designating certain City streets as truck routes in order to restrict access by vehicles in excess of three tons to roads that have been designed to accommodate them. Periodically, it is necessary to review these truck routes to determine if they are still appropriate and necessary based on development patterns, location of commercial corridors, and noise concerns from abutting properties. Numerous complaints have been received regarding noise generated by passing trucks on Adams Street, Dune Palms Road, and Blackhawk Way. Residents have also expressed concerns about trucks driving on roads that are heavily used by children walking to and from school. There are multiple schools adjacent to these roads such as La Quinta High School, John Glenn Middle School, and Amelia Earhart Elementary School with heavier pedestrian and vehicular traffic at the beginning and ending of the school day that make large truck traffic problematic. The City Traffic Engineer has reviewed these roads and has determined they are no longer appropriate to be designated as truck routes. Since most residential construction has been completed in this area of the City and commercial areas can more easily be accessed through remaining truck routes, staff believes the truck route classification for Adams Street, Dune Palms Road, and Blackhawk Way could be eliminated without impacting home construction or local businesses. The remaining truck routes are major through roads or are on commercial corridors where this designation remains appropriate. ALTERNATIVES: City Council may opt to remove or add other roads, as deemed appropriate. Report prepared by: Bryan McKinney, Principal Engineer Report approved for submission by: Timothy R. Jonasson, P.E. Public Works Director/City Engineer Attachment: 1 . Vicinity Map of Truck Routes Ki:U. [grit Reports/ Informational Items: 2 0 Report to La Quinta City Council Palm Springs International Airport Commission Meeting October 16, 2013 Budget: September was the end of the first quarter. Revenues were up 2.75% from last year, reflecting the increase in passenger activities of 2.6%. Expenses were on budget. Passenger Activity: Activity for September was up 2.6% from last year. The commission studied the passenger activity patterns of several other highly seasonal airports around the country. The results show that Palm Springs is even more seasonal than the others. Our peak and low periods are wider than other seasonal airports identified. Airlines Incentive Program: The Palm Springs City Council approved the incentive proposals for Delta and Sun Country Airlines as submitted by the Commission last month. Here is a summary of last year's air service in Palm Springs: • 1.8 million passengers • 1.0 million arriving passengers • $600 million spent in the area by passengers • 10 airlines service the valley • PSP is connected to 12 airline hub cities; servicing 500 cities • 180,000 cars were rented: over $50 million • PSP was up 14% as compared to 4% of other airports in the region General: 1. Organization: A very highly qualified Administrative Assistant has been added. She has held positions in airlines and other airports. 2. Tower: The new tower is fully operational, and the 6 months will be required to demolish the old one. Additionally, covered parking with solar energy capability, will be installed during this period. 3. Due to the death of a Commissioner, one seat is vacant. Rick Stelk, Palm Springs USO Director, has been submitted as the replacement candidate. The City Council will vote on this later this month. 4. Apron Restoration: This is 97% complete, is ahead of schedule, and on budget. It is an example of amazing project management, for this 2 million square foot project, that is expected to last for 20 years. Kr`i 5. Plans are being formulated to increase the size of the cell phone lot, as the concept is very successful. 6. The landscaping planning is 95% complete, and will soon be submitted for approval. 7. Heckman Enterprises has been leasing a 30,000 square foot aircraft hangar since 1998. His lease expires in 2024. Heckman has recently moved his enterprise to Phoenix, and no longer requires a Palm Springs facility. He has requested to surrender the remaining lease. The Staff feels that the hangar is in very good condition, would require no capital improvements, and recommends acceptance of the surrender. Discussions have begun with a new tenant, with a lease rate that is more reflective of current market conditions. The Commission endorsed this move, and it is being submitted to the Palm Springs City Council for approval. The Palm Springs City Council Actions Report is attached to this report. The next Commission meeting will be November 20, 2013. Submitted: Robert G. Teal, Commissioner Palm Springs International Airport Email: bob teal.us.com Phone: 760-899-4171 Kr` REPORT AND INFORMATIONAL ITEM: 21 PLANNING COMMISSION MINUTES TUESDAY, OCTOBER 8, 2013 CALL TO ORDER A regular meeting of the La Quinta Planning Commission was called to order at 7:00 p.m. by Chairperson Barrows. PRESENT: Commissioners Blum, Weber, Wilkinson, Vice Chair Wright, and Chairperson Barrows ABSENT: None STAFF PRESENT: Community Development Director Les Johnson, Community Services Director Edie Hylton, Planning Manager David Sawyer, Golf and Park Manager Steve Howlett, Recreation Supervisor Robert Ambriz, Principal Engineer Ed Wimmer, Associate Planner Jay Wuu, and Secretary Monika Radeva Commissioner Wilkinson led the Commission in the Pledge of Allegiance. PUBLIC COMMENT - None CONFIRMATION OF AGENDA - Confirmed APPROVAL OF MINUTES Motion — A motion was made and seconded by Commissioners Weber/Wilkinson to approve the Planning Commission Minutes of September 24, 2013, as submitted. AYES: Commissioners Weber, Wilkinson, Vice Chair Wright, and Chairperson Barrows. NOES: None. ABSENT: None. ABSTAIN: Commissioner Blum. PUBLIC HEARINGS 1. Continued from July 23, 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: near the southeast corner of Avenida Obregon and Calle Temecula. Staff stated that the applicant had requested to have this item removed from the calendar as they needed additional time to consult with staff and conduct PLANNING COMMISSION MINUTES 1 OCTOBER 8, 2013 373 additional neighborhood community meetings. The application would remain active; however, it would be re -published in the paper and re -noticed prior to rescheduling it for the Commission's review and consideration at a future date. Public Speaker: None Chairperson Barrows declared the PUBLIC HEARING CLOSED at 7:04 p.m. Motion — A motion was made and seconded by Commissioners Wright/Wilkinson to remove Conditional Use Permit 201 1-139 from the calendar. Motion passed unanimously. 2. Site Development Permit 2013-929 submitted by Monterra Properties, LLC. for the consideration of architectural and landscaping plans for Monterra (Tract 32742), a 14-acre tract, consisting of 40 single-family residential lots. Location: on Monroe Street, between Avenue 54 and Airport Boulevard. Associate Planner Jay Wuu presented the staff report, a copy of which is on file in the Community Development Department. Mr. Mark Ladeda, President of Desert Coastal Developers, La Quinta, CA — introduced himself as the developer of the project and answered the Commission's questions. Chairperson Barrows declared the PUBLIC HEARNG OPEN at 7:13 p.m. Public Speaker: None Chairperson Barrows declared the PUBLIC HEARING CLOSED at 7:14 p.m. Motion — A motion was made and seconded by Commissioners Weber/Wright to adopt Resolution 2013-018 approving Site Development Permit 2013-929 as submitted and conditioned in the staff report with the addition of the following condition: 50. All California Pepper Trees (Schinus molle) shall be removed from the plant palette. The applicant shall propose a replacement tree to be reviewed and approved by the Community Development Department as part of review of the Final Landscaping Plan. Motion passed unanimously. PLANNING COMMISSION MINUTES 2 OCTOBER 8, 2013 374 3. Conditional Use Permit 2013-153 submitted by the City of La Quinta for the rehabilitation and expansion of field lighting for the La Quinta Sports Complex. Location: 78-900 Avenue 50. Associate Planner Jay Wuu presented the staff report, a copy of which is on file in the Community Development Department. Mr. Ralph Raya, Principal with MRC Engineering, Inc., Palm Desert, CA — introduced himself as the City's lighting consultant for the project along with Victor Leon, Lead Project Engineer. Mr. Raya presented in detail the specifics of the proposed rehabilitation and expansion of the field lighting and answered the Commission's questions. Chairperson Barrows declared the PUBLIC HEARNG OPEN at 7:46 p.m. Public Speaker: Mr. Dave Branconier, President of the Palm Desert -La Quinta Junior All American Football League, La Quinta, CA — introduced himself, expressed his support for the project, and said the proposed improvements would be of great benefit to the ever-growing junior football league as it would allow more room for practice for the La Quinta youth. Public Speaker: Mr. James Brownyard deferred his comments to Mr. Danny Dorfman. Public Speaker: Mr. Danny Dorfman, President of the La Quinta Youth and Sports Association (LQYSA), La Quinta, CA — introduced himself, noted this project would be of great benefit to the La Quinta youth since currently there were not enough fields to accommodate practices and the existing lighting system was antiquated. He said LQYSA was expecting an increase of approximately 300-400 children this year and the proposed additional fields and improved lighting would be able to accommodate the projected growth and solve the majority of the difficulties the Association was currently faced when coordinating practices. Public Speaker: Ms. Kathleen Fitzpatrick, Chairperson of the Community Services Commission, La Quinta, CA — introduced herself and said the Community Services Commission unanimously supported the project. She noted that the makeup of the City's residents is not only growing, but also changing, attracting a lot of families with children as well as active adults that would benefit from the proposed improvements. Public Speaker: Ms. Celeste Reid, resident of La Quinta, CA — introduced herself and expressed her strong support for the project which in turn would allow for growth in the youth athletic programs offered within the City. PLANNING COMMISSION MINUTES 3 OCTOBER 8, 2013 [c1P Public Speaker: Mr. Larry Sanders, Rancho La Quinta resident, La Quinta, CA — introduced himself as the President of the Rancho La Quinta Master Association and said that he felt the Ventanas community within Rancho La Quinta was not properly notified of the proposed improvements and he felt those residents would be most affected. He asked the Commission to consider postponing the project for 30 days to allow the residents of the Ventanas to voice their opinions. He expressed concerns that the additional fields would increase noise and traffic levels, the amount of ambient light, and have a reverse effect on property values for the homes located in proximity to the fields. Chairperson Barrows asked if Mr. Sanders if Rancho La Quinta residents were aware of the neighborhood informational workshop held at the Boys & Girls Club on April 11, 2013. Mr. Sanders replied the notice for the meeting was sent to Ms. Mary Walker who was the Community General Manager for Rancho La Quinta at that time; however, she failed to notify the residents. Public Speaker: Mr. Morgan Timberlake, Rancho La Quinta resident within the Ventanas community, and Board Member of the Rancho La Quinta Association, La Quinta, CA — introduced himself and expressed concerns that the proposed additional fields and improvements to the lighting system would result in a decrease in property value and increase in noise levels and ambient light. Mr. Timberlake suggested that a possible adjustment to the fields operations time to an earlier hour than identified 10:00 p.m. closing time would mitigate some of his concerns regarding noise. He showed a photograph of the existing field lights as viewed from the back yard of his residence. Commissioner Weber asked Mr. Timberlake if the Ventanas community at Rancho La Quinta or any section of homes within Rancho La Quinta were a retirement community. Mr. Timberlake replied the Ventanas was not a retirement community and neither was Rancho La Quinta as part or as a whole. Discussion followed regarding the ambient light the additional and improved light fixtures would generate. Mr. Raya explained the benefits of the new lighting system due to the state of the art technology being used, the glare shields which would reduce ambient light and would directly channel it over the fields, and would allow control of the lights for each field individually. Discussion followed regarding the distance between the height of the existing light poles, the height of the proposed light poles and the homes located in their proximity within Rancho La Quinta. Mr. Jeff Brant, Rancho La Quinta resident, La Quinta, CA — introduced himself as a realtor and said the proposed additional field lighting would adversely affect PLANNING COMMISSION MINUTES 4 OCTOBER 8, 2013 1610, property values across the entire Rancho La Quinta community and require disclosure during any real estate transaction. He noted the improved lighting could affect even more homes than currently identified and those residents might not even be aware of this project. He asked the Commission to consider postponing this item for 30 days to give the seasonal residents of Rancho La Quinta an opportunity to express their concerns. Mr. Nick Homer, Rancho La Quinta resident, La Quinta, CA — introduced himself and said he was not in support of or opposition of the project. He thanked staff for answering his inquiries prior to the hearing. He suggested that 9:00 p.m. would be an appropriate time to end field operations, especially during the weekdays. Mr. Homer inquired about the no amplification restrictions imposed to the football field. He asked if alternative lighting options were considered. Chairperson Barrows noted that Mr. Homer had submitted a comment to staff regarding the project prior to the public hearing and verified that staff had addressed his questions and concerns. Mr. Homer confirmed. Mr. Andy Lorenz, Rancho La Quinta resident, La Quinta, CA — introduced himself and expressed concerns regarding the nuisance ambient light and the noise levels pass 9:00 p.m. Commissioner Weber asked Mr. Lorenz if a 9:00 p.m. restriction to the hours of operation would mitigate his concern. Mr. Lorenz replied it would. Commissioner Weber asked Mr. Lorenz if he felt that this project would have an adverse effect on his property value. Mr. Lorenz replied he would like not to comment on property values and felt his residence was located at a sufficient distance from the fields. Chairperson Barrows declared the PUBLIC HEARING CLOSED at 8:32 p.m. Chairperson Barrows noted for the record that the additional comments received by staff from Rancho La Quinta residents after the dissemination of the Planning Commission packet were distributed to the Commission. Chairperson Barrows declared the PUBLIC HEARNG OPEN at 8:43 p.m. Commissioner Weber asked staff if the hours of operations could be adjusted to mitigate some of the residents' concerns. Staff replied that an adjustment to the hours of operations was acceptable. Discussion followed regarding the following items: • Retrofitting and rewiring of the existing lights PLANNING COMMISSION MINUTES 5 OCTOBER 8, 2013 377 • Individual light field control • Levels of fields usage • Substantial ambient light reduction due to the proposed improvement to the lighting system • The placement of ballasts on the existing light fixtures Public Speaker: Mr. Dave Branconier said that staff's willingness to modify the fields' hours of operation to an 8:00 p.m. closing time would mitigate a lot of the residents' concerns. Public Speaker: Mr. James Brownyard, Vice President of the La Quinta Youth and Sports Association, La Quinta, CA — introduced himself and said the proposed expansion of the sports complex was very much needed as the Association could not meet the current demand for youth sports. He noted that reducing the hours of operations to only 8:00 p.m. would not allow for any future growth of the league. He said there was minimal nuisance ambient light from the existing lights. Discussion followed regarding the lighting schedule, the opportunity for the users to turn off the lights themselves after the end of the use, the lack of field space availability within the City to accommodate the demands for youth sports, different types of lighting fixtures considered, etc. Chairperson Barrows declared the PUBLIC HEARING CLOSED at 8:54 p.m. Motion — A motion was made and seconded by Commissioners Weber/Wright to adopt Resolution 2013-019 approving Conditional Use Permit 2013-153 as submitted with staff's recommendations and amending conditions of approval No. 4 and No. 6 to read as follows: 4. Hours of operation for the field lights shall not extend beyond 10:00 p.m. for the existing field lights, 9:00pm for Field #5 and Field #7, and 8:00pm for the football field. Field lights shall only be operated as needed and shall be turned off when not in use. 6. Use of amplified sound generators (speakers, megaphones, etc.) is prohibited on or in immediate proximity to Field #5, Field #7, and the football field area. Motion passed unanimously. BUSINESS SESSION — None CORRESPONDENCE AND WRITTEN MATERIAL — None PLANNING COMMISSION MINUTES 6 OCTOBER 8, 2013 378 1. Report on City Council meetings of October 1, 2013. 1 . Staff distributed the 2014 — 2021 Draft Housing Element Update to t Commission for review and said the item has been scheduled to be present for their consideration during the regularly scheduled Planning Commissi meeting on October 22, 2013. 1 2. A joint meeting between the Planning Commission and the Architectural an,a Landscaping Review Board has been tentatively scheduled for October 2 2013, at 6:00 p.m. There being no further business, it was moved and seconded by Commissioners Wright/Wilkinson to adjourn this meeting at 9:35 p.m. Motion passed unanimously. Respectfully submitted, J# '6e 1 - 4 MONIKA RADEVA, Secretary City of La Quinta, California PLANNING COMMISSION MINUTES 7 OCTOBER 8WQ11 NN!, IGNI PLANNING COMMISSION MINUTES TUESDAY, OCTOBER 22, 2013 CALL TO ORDER A regular meeting of the La Quinta Planning Commission was called to order at 7:04 p.m. by Chairperson Barrows. PRESENT: Commissioners Blum, Weber, Wilkinson, Vice Chair Wright, and Chairperson Barrows ABSENT: None STAFF PRESENT: Community Development Director Les Johnson, Planning Manager David Sawyer, Principal Engineer Ed Wimmer, Principal Planner Wally Nesbit, Consultant Planner Nicole Criste, and Secretary Monika Radeva Commissioner Blum led the Commission in the Pledge of Allegiance. PUBLIC COMMENT - None CONFIRMATION OF AGENDA - Confirmed APPROVAL OF MINUTES Motion — A motion was made and seconded by Commissioners Wright/Blum to approve the Planning Commission Minutes of October 8, 2013, as submitted. Motion passed unanimously. PUBLIC HEARINGS 1. Specific Plan 2003-067, Amendment No. 3, requesting to relocate and expand the size of the proposed golf clubhouse and review of Site Development Permit 2013-927 to allow the construction of the golf clubhouse. Applicant: Coral Option I, LLC. Location: within the existing Andalusia at Coral Mountain — 58- 830 Marbella, La Quinta. Consultant Planner Nicole Criste presented the staff report, a copy of which is on file in the Community Development Department. PLANNING COMMISSION MINUTES 1 OCTOBER 22, 2013 [GNI Chairperson Barrows declared the PUBLIC HEARNG OPEN at 7:14 p.m. Mr. Nolan Sparks, Operations Manager with T.D. Desert Development, L.P., La Quinta, CA — introduced himself, gave a brief description of the project, and answered the Commission's questions. Mr. Rob Parker, PLA, ASLA, Design Principal with RGA Landscape Architects, Inc., Palm Desert, CA — introduced himself and answered the Commission's questions. Public Speaker: None Chairperson Barrows declared the PUBLIC HEARING CLOSED at 7:21 p.m. Motion — A motion was made and seconded by Commissioners Wilkinson/Weber to adopt Resolution 2013-020 recommending approval of Specific Plan 2003- 067, Amendment No. 3, as submitted with staff's recommended conditions of approval. Motion passed unanimously. Motion — A motion was made and seconded by Commissioners Wilkinson/Wright to adopt Resolution 2013-021 recommending approval of Site Development Permit 2013-927 as submitted with staff's recommended conditions of approval. Motion passed unanimously. 2. Environmental Assessment 2013-631 and General Plan Amendment 2013-125 submitted by the City of La Quinta for the review of the 2014-2021 La Quinta Housing Element. Location: city-wide. Principal Planner Wally Nesbit presented the staff report, a copy of which is on file in the Community Development Department. Chairperson Barrows declared the PUBLIC HEARNG OPEN at 7:52 p.m. Public Speaker: None Chairperson Barrows declared the PUBLIC HEARING CLOSED at 7:52 p.m. Motion — A motion was made and seconded by Commissioners Wright/Blum to adopt Resolution 2013-022 recommending approval of Environmental Assessment 2013-631 as submitted with staff's recommendations. AYES: Commissioners Blum, Weber, Vice Chair Wright, and Chairperson Barrows. NOES: Commission Wilkinson. ABSENT: None. ABSTAIN: None. PLANNING COMMISSION MINUTES 2 OCTOBER 22, 2013 16MA Motion — A motion was made and seconded by Commissioners Wright/Blum to adopt Resolution 2013-023 recommending approval of General Plan Amendment 2013-125 as submitted with staff's recommendations. AYES: Commissioners Blum, Weber, Vice Chair Wright, and Chairperson Barrows. NOES: Commission Wilkinson. ABSENT: None. ABSTAIN: None. BUSINESS SESSION — None 2. Staff said the City Council meeting of November 5, 2013 will be cancelled. The next City Council meeting is scheduled for November 19, 2013 and Chairperson Barrows is scheduled to attend. I III 1 -.1 :141 Im &111"Iya 1. A joint meeting between the Planning Commission and the Architectural ars Landscaping Review Board has been tentatively scheduled for November 1 2013 at 6:00 p.m. I There being no further business, it was moved and seconded by Commissioners Blum/Wright to adjourn this meeting at 8:00 p.m. Motion passed unanimously. PLANNING COMMISSION MINUTES 3 OCTOBER 22, 2013 383 384 REPORT AND INFORMATIONAL ITEM: 22 COMMUNITY SERVICES COMMISSION MINUTES MONDAY, SEPTEMBER 9, 2013 CALL TO ORDER A regular meeting of the La Quinta Community Services Commission was called to order at 5:30 p.m. by Chairperson Fitzpatrick. PRESENT: Commissioners Alford, Blakeley, Engel and Fitzpatrick. ABSENT: Commissioner Lawrence STAFF PRESENT: Edie Hylton, Community Services Director; Steve Howlett, Golf and Parks/Landscape Manager; Tustin Larson, Recreation Supervisor; and Vianka Orrantia, Senior Secretary. Commissioner Alford led the Pledge of Allegiance. PUBLIC COMMENT — None. CONFIRMATION OF AGENDA Motion - It was moved by Commissioners Blakeley/Engel to confirm the agenda as submitted. Motion passed unanimously. APPROVAL OF MINUTES Motion — A motion was made by Commissioners Blakeley/Engel to approve the June 10, 2013 Community Services Commission Minutes as approved. Motion passed unanimously. BUSINESS SESSION 1 . Commission Meeting Dates Director Hylton presented the staff report and recommended the meeting dates as presented. Motion — A motion was made by Commissioners Alford/Blakeley to approve the 2013/2014 Community Services Commission meeting dates. Motion passed unanimously. COMMUNITY SERVICES COMMISSION MINUTES SEPTEMBER 9, 2013 385 2. 2013/2014 Community Services Marketing Plan Recreation Supervisor, Tustin Larson presented the 2013/2014 Community Services Marketing plan. Motion — A motion was made by Commissioners Blakeley/Engel to approve the 2013/2014 Community Services Marketing Plan. Motion passed unanimously. REPORTS AND INFORMATION ITEMS 1 . Update on Department Report for July 2013 2. Report from Commissioners Regarding Meetings Attended 3. Calendar of Monthly Events ADJOURNMENT There being no further business, it was moved by Commissioners Alford/Blakeley to adjourn the meeting at 6:23 p.m. Motion passed unanimously. Respectfully submitted, VIANKA ORRANTIA, Senior Secretary City of La Quinta, California COMMUNITY SERVICES COMMISSION MINUTES SEPTEMBER 9, 2013 386 REPORT AND INFORMATIONAL ITEM: 23 COMMUNITY SERVICES COMMISSION MINUTES MONDAY, OCTOBER 14, 2013 CALL TO ORDER A regular meeting of the La Quinta Community Services Commission was called to order at 5:30 p.m. by Commissioner Fitzpatrick. PRESENT: Commissioners Alford, Blakeley, Engel, Fitzpatrick, and Lawrence. STAFF PRESENT: Edie Hylton, Community Services Director; Steve Howlett, Golf and Parks/Landscape Manager; and Angela Guereque, Senior Secretary. Commissioner Engel led the Pledge of Allegiance. PUBLIC COMMENT — None. PRESENTATION 1 . Discussion of the 1 e1 1 Parkway Tom Kirk, General Manager of the Coachella Valley Association of Governments, presented the CV Link. Benefits: Congestion Relief (Alternative travel and pressure off of Highway 1 1 1) Public Health (Obesity is an Epidemic) Tourism (Growth in Outdoor Recreation and Active Tourism) Innovation (Infrastructure for New Technologies and New Opportunities for Bike Sharing) The first part of construction was coordinated with the City of La Quinta at the new Adams Street Bridge. CONFIRMATION OF AGENDA Motion - It was moved by Commissioners Blakeley/Alford to confirm the agenda as submitted. Motion passed unanimously. COMMUNITY SERVICES COMMISSION MINUTES OCTOBER 14, 2013 387 APPROVAL OF MINUTES Motion — A motion was made by Commissioners Engel/Blakeley to approve the September 9, 2013 Community Services Commission Minutes as submitted. Motion passed unanimously. BUSINESS SESSION 1 . ELECT A CHAIRPERSON FOR THE COMMUNITY SERVICES COMMISSION Director Hylton presented the staff report. Commissioner Blakeley nominated Commissioner Fitzpatrick for Chairperson. Motion — A motion was made by Commissioners Blakeley/Lawrence to elect Commissioner Fitzpatrick as the Community Services Commission Chairperson. Motion passed unanimously. 2. ELECT A VICE -CHAIRPERSON FOR THE COMMUNITY SERVICES COMMISSION Director Hylton presented the staff report. Commissioner Lawrence nominated Commissioner Alford for Vice -Chairperson. Motion — A motion was made by Commissioners Blakeley/Engel to elect Commissioner Alford as the Community Services Commission Vice -Chairperson. Motion passed unanimously. 3. ENTRY SIGNS INTO THE COVE NEIGHBORHOOD Director Hylton presented the staff report. Motion — A motion was made by Commissioners Lawrence/Blakeley to recommend two welcome signs into the Cove Neighborhood to the City Council. Motion passed with Chairperson Fitzpatrick recused. REPORTS AND INFORMATION ITEMS 1 . Update on Department Report for September 2013 2. Report from Commissioners Regarding Meetings Attended 3. Calendar of Monthly Events COMMUNITY SERVICES COMMISSION MINUTES OCTOBER 14, 2013 388 ADJOURNMENT There being no further business, it was moved by Commissioners Blakeley/Alford to adjourn the meeting at 6:30 p.m. Motion passed unanimously. Respectfully submitted, aiw& e. q""" ANGELA GUEREQUE, Senior Secretary City of La Quinta, California COMMUNITY SERVICES COMMISSION MINUTES OCTOBER 14, 2013 389 [cRi REPORT AND INFORMATIONAL ITEM: 24 ARCHITECTURAL AND LANDSCAPING REVIEW BOARD MINUTES MONDAY, OCTOBER 2, 2013 CALL TO ORDER A regular meeting of the La Quinta Architectural and Landscaping Review Board was called to order at 10:00 a.m. by Planning Manager David Sawyer. Planning Manager Sawyer led the Board into the Pledge of Allegiance. PRESENT: Board Members Richard Gray, Kevin McCune, and Ray Rooker ABSENT: None STAFF PRESENT: Planning Manager David Sawyer, Consultant Planner Nicole Criste, and Secretary Monika Radeva PUBLIC COMMENT - None CONFIRMATION OF AGENDA - Confirmed APPROVAL OF MINUTES Motion - A motion was made and seconded by Board Members Gray/Rooker to approve the Architectural and Landscaping Review Board Minutes of September 18, 2013, as submitted, with the following amendment: Page 3, Paragraph 3 - the Motion for Site Development Permit 2013-924 and Tentative Tract Map 36537 shall read: "Motion - A motion was made and seconded by Board Members Gray/Rooker recommending approval of Site Development Permit 2013-924 and Tentative Tract Map 36537 as submitted with staff's recommendations, and an amendment to Condition of Approval No. 8 removing the specific reference to "Mission clay tiles. " AYES: Board Members Gray and Rooker. NOES: None. ABSENT. • Board Member McCune. ABSTAIN: None. " Motion passed unanimously. ARCHITECTURAL AND LANDSCAPING REVIEW BOARD MINUTES 1 OCTOBER 2, 2013 KkSI BUSINESS SESSION 1 . Site Development Permit 2013-927 submitted by Coral Option I, LLC. for the construction of an approximately 33,604 square -foot golf clubhouse on 3.44 acres located adjacent to the existing tennis clubhouse and existing driving range. Location: within the existing Andalusia at Coral Mountain — 58830 Marbella, La Quinta, CA. Consultant Planner Nicole Criste presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Mr. Nathan Saint Clare, Project Architect with Hart Howerton, San Francisco, CA, introduced himself, briefly described the proposed project, and answered the Board's questions. Mr. Marc McAlpine, Sr. Vice President with T.D. Desert Development, L.P., La Quinta, CA, introduced himself, gave an overview of the project, and answered the Board's questions. Mr. Nolan Sparks, Construction Manager with T.D. Desert Development, L.P., La Quinta, CA, introduced himself and addressed the Board's questions. Mr. Rob Parker, PLA, ASLA, Design Principal with RGA Landscape Architects, Inc., Palm Desert, CA, introduced himself and answered the Board's questions. Motion — A motion was made and seconded by Board Members Rooker/Gray recommending approval of Site Development Permit 2013-927, as submitted with staff's recommendations. Motion passed unanimously. CORRESPONDENCE AND WRITTEN MATERIAL - None REPORTS AND INFORMATIONAL ITEMS • Planning Manager Sawyer noted that Council had elected, back on April 16, 2013, to change to action minutes for all Boards and Commissions going forward. He explained action minutes would merely list the agenda items and the actions taken. ARCHITECTURAL AND LANDSCAPING REVIEW BOARD MINUTES 2 OCTOBER 2, 2013 IGRY' A joint meeting between the Planning Commission and the Architectural ant' Landscaping Review Board has been tentatively scheduled for October 22, 2013, at 6:00 p.m. W&P18111:1 MKM= 11,T, a MIM1111101 M--- Respectfully submitted, City of La Quinta, California ARCHITECTURAL AND LANDSCAPING REVIEW BOARD MINUTES 3 OCTOBER 2, 2013 10191 DEPARTMENT REPORT: 1 4 OF TO: Honorable Mayor and Members of the City Council FROM: Chris Escobedo, Assistant to City Manager DATE: November 19, 2013 SUBJECT: COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS SINGLE -USE PLASTIC BAG ORDINANCE On October 28, 2013, the Coachella Valley Association of Governments' (CVAG) Executive Committee voted to support the development of a model single -use plastic bag ordinance and directed staff to work with member agencies to finalize a model ordinance that member agencies would be encouraged to adopt. Annually, about 19 billion plastic bags are used in California but less than 5% are recycled. Nineteen million plastic bags are distributed by retail establishments on average for a city the size of La Quinta and numerous studies have documented the prevalence of plastic bags littering the environment and blocking storm drains. According to a 2012 study prepared for the U.S. Environmental Protection Agency, communities spend approximately $13 per resident annually to clean up litter. The model ordinance prohibits retail establishments from providing single -use carryout plastic bags to customers. It also requires stores to make recyclable carryout paper bags available at a cost of $0.10 per paper bag, which would fund the cost of the retailer to provide the bag and encourages the use of reusable bags. Large retailers (greater than 10,000 square feet) would have six months from adoption to phase in the change and small retailers (less than 10,000 square feet) will have one year to comply with the ordinance. All retailers will be required to keep accurate records and have them readily available for inspection by the City. CVAG developed the ordinance in conjunction with two citizens' groups from Palm Desert and Palm Springs. Staffs from various cities, including La Quinta, have raised questions regarding the cost to cities for implementation of the ordinance, impact on retailers, how enforcement would be handled, and development of education/outreach on the program. No Coachella Valley city has yet to adopt the ordinance. Staff will continue to monitor this item. Kx-10 KRI+' DEPARTMENT REPORT: 3 CITY COUNCILS UPCOMING EVENTS NOVEMBER 19 CITY COUNCIL MEETING NOVEMBER 20 OVERSIGHT BOARD MEETING -CANCELLED NOVEMBER 28 & 29 CITY HALL CLOSED - THANKSGIVING AND DAY AFTER DECEMBER 3 CITY COUNCIL MEETING DECEMBER 4 OVERSIGHT BOARD MEETING DECEMBER 6 CHRISTMAS TREE LIGHTING CEREMONY DECEMBER 17 CITY COUNCIL MEETING DECEMBER 18 OVERSIGHT BOARD MEETING DECEMBER 21. HOUSEHOLD HAZARDOUS WASTE DAY DECEMBER 24 CITY HALL CLOSES AT NOON DECEMBER 25 CITY HALL CLOSED - CHRISTMAS DECEMBER 31 CITY HALL CLOSES AT NOON JANUARY 1 OVERSIGHT BOARD MEETING -CANCELLED JANUARY 1 CITY HALL CLOSED - NEW YEARS DAY JANUARY 7 CITY COUNCIL MEETING JANUARY 15 OVERSIGHT BOARD MEETING JANUARY 20 CITY HALL CLOSED - MARTIN LUTHER KING, JR. DAY JANUARY 21 CITY COUNCIL MEETING 397 7a_Q1 i 1� 11,111fl, Saturday: jrida 1 2 7:OOAM -11.00 AM Document Shred Day 9 10 11 12 13 14 15 16 10:00AMPub. Safely- 7.00-PM 9:00 AM Riv. Ct. 11:00AMCVAG 9:QOAM Henderson Planning 'trans portstion- Canverstation- Convention & 3:00PMMfns. Commission - Henderson wails ViSltors Conservancy- Franklin Bureau -Evans 4:00 PM 12:00 PM Energy 1 Investment EmAronentat- 520 PM Community Advisory Board Evens Ser %kes CrrY HALL CLOSW VE`rr= ANSOAY 17 18 19 20 21 22 23 City Council 8.100macvrcmonic 3.00PM Meeting Pbr-Franrdin Historic Preservation 10:00 AM GkAG Homeless -Osborne 2:00 PM Uersight Board Meeling 24 25 26 27 28 29 30 4:30 PM Exec. 7:00 PM 12:00 PM Sunline - Gmte. -Adolph Planning Adolph Commission DECEMBER 201A 1 2 3 4 5 6 7 9:30AM CVAG City Council 10:00AM ALRC 6:00 PM Transportation - Meeting 2:00 PM Christmas Tree Evans Lighting Oversight Board Ceremony in Meeting Old Town 8 9 10 11 12 13 14 10:00AMPub. TOO PM 9:00 AM Riv. Ct. 11:00AMCVAG Safety- Planning Transportation- Converstation- Henderson Commission Henderson Evans 3.00 PM Mtns. 4:00 PM 12:00 PM Energy 1 Conservancy- Investment EnAronental- Franldin Advisory Board Evans 5:30 PM Community Services 15 16 17 18 19 20 21 City Council. 8:00AM CV 3:00 PM 9:OOAM 9:OOAM 2:OOPM Meeting Economic Pinr- Franklin Historic Convention & Household Preservation Visitors Hazardous Waste Bureau -Evans Day -South City 10:00AM CVAG Hatl Paddng Lot Homeless - Osborne 2:00 PM Oversight Board Meeting 22 23 24 25 26 27 28 4:30 PM Exec 7.00 PM 12.00'PM'Sunkne - Cmte. -Adoph Planning Adolph Commission CITY HALL CITY HALL CLOSED - CLOSES AT CHFUSTMAS NOON DAY 399 .5 6 7 8 9 10 11 9:30AMCVAG City Council 9:00 AM Riv. Ct. 11:00AMCVAG Transportation - Meeting Transportation- ConveMtar=- Evans Henderson Evans 4:00 PM 12:00 PM Energy 1 Investment Envimnental - Advisory Board Evans 12 13 14 15 16 17 18 10:00AM Pub_ 7:00 PM 8:00AM CV 3.00 PM 9:00AM Safety- Planning Economic Ptnr- Historic Convention & Henderson Commission Franklin Preservation Visitors. Bureau -Evans 3:00 PM Mans. 10:00AM CVAG Conservancy- Homeless - Franldin Osborne 5:30 PM 2:00 PM Community Oversight Board Services Meeting 19 20 21 22 23 24 25 City Council 12:00 PM Sunine - Meeting Adolph CITY HALL CLOSED MARTIN LUTHER KING JR. DAY 26 27 28 29 30 31 4:30 PM Exec. 7.00 PM Cmte. -Adolph Planning Commission Department Report: 4 III y c7�' TO: Honorable Mayor and Members of the City Council FROM: Les Johnson, Community Development Director DATE: November 19, 2013 RE: COMMUNITY DEVELOPMENT DEPARTMENT REPORT — OCTOBER 2013 Attached is data for the Planning, Building, and Code Compliance Divisions for the month of October 2013: • Exhibit A — Planning Division monthly reports outlining the 33 new cases in process by staff and 28 plan checks. • Exhibit B — Building permit statistics showing year-to-date building permits issued and building permit valuation. Year -to -Date 12013 12012 Building Permits 1325 1247 Issued Total Valuation $54,154,729.00 $51,177,231.00 (dollars) • Exhibit C — Code Compliance statistical report showing 107 initiated cases, 66 completed cases, and 161 garage sale permits processed. • Exhibit D — Animal Control statistical report identifying that 96 cases were handled by the division. Attachments HIM ERY' ".A • • Clot! (D 0 'IT to CO fn CD N 0 CO C, " (11 lD V 0 C,4 C) O ul 0 to 01 w 'IV tD 0 0 Ln C> C) 0) C> N C) O w 0 rl Co I- Ln 'n -4 0 w (D M OD LA 0 CO C) a, <D rl- r- Cq " wm m m H N w Ln0 iD C, Ln %D r- Ln 'A In 'A N (N " co m m 14 Ln r- 0 rr O r, ID 0 'n 0 0 4 0 0) 0 r_ C) w C> m c� 0 c� 0 IV >4 P H co 0 ko cc �p fn C) 'A Ln N co v C) rn rn > r- M Ln -i Ln r, c> m iD ko Ln cN rn N rn 31 r4 g 1� Ln Wo min m C> m w0 m 1-4 91, > m 4D Ln r- Ln co LO <D co In H Ln 14 N Ln eP W H W to kD k C:l 04 1 ; 0 p v m a% rl- C) O 0 r- N m r- H 0 N 0 m rn a) r- 0 m C3 r- m kD co ri co N O 44, m 'A IV co k 04 p 0, k ko Ln 0 r- rn H H CN OD co ff) m CC> H m 0 cn r- Ln c3 ep q m rn cD m w co t, m cn Ln . . . . . . . . . . . . . k I W I m ;H r w w m m w r- m ch O 'r U) N o eC 01 cn M 'A r� w m 0 w m " 0 0 0 m r- v m >m a ID w N N m w" H m w H E, H clq Ln my r co :z 0 CD. H E� Z E- ry `J P4 W El l�D m 00 m m Ln 0 w C:� m 0 c3 m c� c� c) 0 W W w: Ch x40,9 n c> o Ln cj o t- c> r- o H o H o -D cD a 0 E- .-I El co o -I o Ln ui m v co c5 w Ln kD kD m m rn (D o v Ln a _I : 0 18 p - < Ln N rW M 4,p M M W Iql -I ,o C) wC:, N a M Re > 11 10 ri 0 " m N N w In m m 1+ m m r- uC gc w H m 0 a Ln H r- co oco �l E- E- rl) E. C4 or o en H .4p cm N -,Ii co cj co rn Ln m Ln N N W 0 92� -A mH kn IV -� In r- " " W cl P W� 04 cx KC w E, Q Z U) w wk H :4 CO F In -,T 0 oco H � C4 4D cn rn cO m EN N E+ W Z r l a r CN m H 14 'A H Ln " g k Pa H 0 m W W 0 Q KC F. Ct E, • cn W E, 0 w w 94 a z tx 0 W ;c 0 r-q X 1--i H a El z X En E u z 9 14 W w 0 rx w :4 Px 04 wQF en w E. p co El 0 MHz 1 W oenw p• W Ln 0 w 0 co 0 Pe r4 UWH co W W co U) z > > I . W w H zz�uu000a a OWx""ZUUZO.--1 r�z 0 �4 W W , 0 " E� 4 O u -1 0 0 "M Q Q Oa r.� Q H Ha u ooatxaz ccQU N' UwEE X 0 - 41 C7atxw w 0 w � OEa �zWQaaaaaarxQcncncncn 1 .4 X (i t4 Ln (D z mz 0, u x w u m El m as Q CD " N czaZ4 W Pq KiUaU W PI 1>4 P14 0 0 N � 000 0 o�om 'gym DEPARTMENT REPORT: 5 4 OF TO: Honorable Mayor and Members of the City Council FROM: Edie Hylton, Community Services Director DATE: November 19, 2013 SUBJECT: Community Services Department Report for October 2013 Upcoming events of the Community Services Department for December 2013: Daily Activities *Computer Lab *Social Bridge *Mah Jongg * Quilters *Movie Time *Wii Bowling/Golf Fitness *Morning Workout *Mat Pilates *Zumba Gold *Arthritis Tai Chi *Tai Chi Chuan *Tai Chi Intermediate *Yoga for Health *Chair Yoga *Flex Yoga *Zumba Hatha Yoga, Library Leisure *Social Dance Fusion *Let's Make Jewelry *Sketch & Draw *Watercolor *Documentary Discussion Sports * Karate/Taekwondo Events *Holiday Luncheon Christmas Tree Lighting Ceremony, Old Town Disc Golf Instructional Clinic, Colonel Mitchell Paige *C/ass or activity held at Senior Center «$ Community Services Department Attendance Report for October 2013 Summary Sheet Sessions Per Month Proqram 2013 2012 Variance 2013 2012 Leisure Classes 87 135 -48 35 60 Special Events 120 0 120 2 0 Sports 339 293 46 21 24 Senior Center 1040 1181 -141 147 140 Total 1,586 1,609 -23 205 224 Senior Services Senior Center 310 399 -89 33 28 Total 310 399 -89 33 28 Sports User Groups La Quinta Park AYSO 1000 1500 -500 23 23 Desert Boot Camp 50 50 0 10 10 Desert Sands Rugby 60 0 60 10 0 Sports Complex LQ Youth & Sports Assoc. 250 200 50 24 23 PDLQ Football 100 100 0 15 14 Colonel Mitchell Paige AYSO 650 250 400 14 10 C.V. Soccer Club (Lightning Strikers 20 0 20 7 0 Facility/Park Rentals Senior Center (Private Party) 200 0 200 1 0 (Sunday Church) 300 300 0 4 4 Museum Meeting Room 75 150 -75 1 2 Library Classroom 6501 850 -200 13 17 Civic Center Campus (Private Party) 0 0 0 0 0 Boys & Girls Club Gymnasium 100 0 100 1 0 Park Rentals La Quinta Park 50 100 -50 1 2 Fritz Burns Park 50 50 0 1 1 Total 3,555 3,550 51 1251 106 Total Programs 1 5,4511 5,558 -1071 3631 358 Volunteer Hours Senior Center 1 2451 1671 78 Total Volunteer Hours 1 2451 1671 78 tilt Community Services Department Program Report for October 2013 2013 2012 2013 2012 Participants Participants Variance Meetings Meetings Leisure Classes* Karate/Taekwondo 4 - 8 (Beg.) 21 13 8 9 10 Karate/Taekwondo 4 - 8 (Inter.) 39 41 -2 9 10 Karate/Taekwondo 9 & up 17 35 -18 9 10 Dance, Play & Pretend 7 5 2 4 4 Beginning Ballet 3 0 3 4 0 Totals 87 94 -7 35 34 2013 2012 2013 2012 Participants Participants Variance Meetings Meetings Special Events Dog-o-ween 100 0 100 1 0 Zumba Master Class 20 0 20 1 0 Totals 1201 01 1201 21 0 2013 2012 2013 2012 Participants Participants Variance Meetings Meetings Sports Open Gym Basketball 219 ill 108 10 14 Open Gym Volleyball 64 99 -35 5 4 Nature Walk 15 18 -3 1 1 Guided Hike Garner Valley 16 30 -14 1 1 Y-Rookies Soccer 35 35 0 4 4 Totals 349 293 56 21 24 Community Services Totals 1 5561 3871 1691 581 58 HE Community Services Department Monthly Revenue Report for October 2013 Monthly Revenue - Facility Rentals 2013 2012 Variance Library $ 100.00 $ 50.00 $ 50.00 Museum $ - $ 200.00 $ (200.00) Senior Center $ 1,050.00 $ 900.00 $ 150.00 Parks $ 155.00 $ 195.00 $ (40.00) Sports Fields 1 $ 1,625.00 1 $ 1,455.00 1 $ 170.00 Monthly Facility Revenue 1 $ 2,930.00 1 $ 2,800.00 1 $ 130.00 Monthly Revenue Senior Center* * $ 4,263.39 $ 6,136.50 $ (1,873.11) Community Services* $ 3,982.25 $ 6,538.00 $ (2,555.75) Total Revenue $ 8,245.64 $ 12,674.50 $ (4,428.86) Revenue Year to Date Facility Revenue $ 12,414.00 $ 8,096.50 $ 4,317.50 Senior Center $ 10,006.39 $ 11,211.00 $ (1,204.61) Community Services $ 16,232.25 $ 22,758.00 $ (6,525.75) Total Revenue to Date $ 38,652.64 $ 42,065.50 $ (3,412.86) **Duplicate Bridge offered in October 2012; fewer classes offered in October 2013. *More leisure enrichment classes offered in October 2012. EIVA Senior Center Program Report for October 2013 Participation Participation Variance Meetings Meetings 2013 2012 2013 2012 Senior Activities Computer Lab 12 0 12 5 0 Health Fair Participation 150 160 -10 1 1 Health Fair Flu Immunizations 88 0 88 1 0 Golden Tones 27 43 -16 5 5 Luncheon: Congregate Participation 62 0 62 2 0 Monthly Birthday Party 40 40 0 1 1 Movie Time 42 44 -2 5 4 Putting Action & Wii Bowling 32 46 -14 10 10 Quilters 46 37 9 5 4 Tai Chi Arthritis 29 0 29 8 0 Tai Chi Chuan 92 0 92 8 0 Tennis 76 38 38 9 8 Ukulele Players 51 63 -12 6 8 Woodcarvers 31 37 -6 4 4 Senior Activity Total 778 508 270 70 45 Senior Leisure Classes/ Programs Acrylic Painting 4 0 4 4 0 Bridge: Social & Party 74 331 -257 8 19 Chair Yoga 4 19 -15 4 4 Exercise (Morning Workout) 28 26 2 12 14 Flex Yoga 10 0 10 4 0 Health Fair Vendors 19 25 -6 1 1 Hooked on Loops 7 9 -2 4 3 Jewelry Making 24 0 24 5 0 Luncheon: Halloween (paid meals) 17 0 17 1 0 Mah Jongg 42 25 17 5 5 Mat Pilates 13 17 -4 13 14 Social Dance Fusion 9 15 -6 5 5 Yoga for Health 5 11 -6 2 4 Zumba Gold 6 19 -13 9 7 Senior Leisure Classes Total* 262 497 -235 77 76 Total Senior Activities/Programs 1040 1005 35 147 121 Senior Social Services Cool Center 25 13 12 11 8 FIND 208 272 -64 4 9 HICAP/Legal/Notary/Lobby 36 15 21 8 7 LIHEAP Office Processing 5 0 5 5 0 Alzheimer's Group 2 0 2 2 0 Bereavement Group 1 0 1 3 0 Volunteers 33 24 9 n/a n/a TOTAL SENIOR SERVICES 310 324 -14 331 24 CIK'. Parks Activities Updates For October 2013 The Civic Center Campus, Fritz Burns Park, and the picnic area at La Quinta Park were over -seeded in October. The rest of the parks will allow the turf to be dormant through the winter season. Last year, as a cost savings measure, it was decided that only the facilities that generate revenue through rentals will be over - seeded. Daily trash clean-up and weekly maintenance will continue at all of the facilities regardless of the turf being dormant. Annual facility maintenance has been completed at La Quinta Park and the Sports Complex. The annual maintenance includes installation of new sports field lights and fresh paint for the facilities. The fields were closed during the summer months for aeration and field renovation. As the night time temperatures continue to drop, the water temperature for the La Quinta Park interactive water is also dropping. The water for the play feature is stored in an underground tank without a heating system. Therefore, the water feature is closed annually on October 31. It will reopen at the end of April, weather permitting. CyC! La Quinta Community Fitness Center Counts for October 2013 Day Memberships Sold Rubys Sold Sapphires Sold Diamonds Sold Walk-ins Sold Daily Counts Daily Totals 1 5 1 155 161 2 3 3 139 145 3 5 1 0 147 153 4 5 4 121 1 130 55 0 1 47 48 6 0 7 9 3 166 178 8 14 3 151 168 9 6 2 150 158 10 5 2 108 1 1 5 11 2 1 96 99 12 1 0 49 50 13 0 14 s 4 141 153 15 7 3 133 143 16 5 4 150 159 17 5 1 3 i11 120 18 5 2 121 128 19 3 3 39 45 20 0 21 4 2 145 151 22 4 1 130 135 23 0 0 121 121 24 3 3 144 150 25 10 114 124 26 1 35 36 27 0 28 2 1 6 181 190 29 5 2 153 160 30 7 1 155 163 31 2 4 108 114 AVG 4.67 1 0 0 2.32 122.59 129.52' TTL 126 3 0 0 58 3310 3497 ;' The Gems symbolize the Wellness System Fees Ruby Level = $50.00 (Self -Directed Program; One Year -Key Use) Sapphire Level = $175.00 (All Ruby Level Benefits; Pre -Fitness Assessment Test; Custom Diamond Level = $295.00 (All Ruby and Sapphire Level Benefits; Three Additional Personal Training Sessions) • Members Sold is the # of memberships sold that day. • Walk-ins are people without membership cards that are paying a daily $5 fee. • Daily counts are the # of Members coming into the center that have had their membership cards scanned by us. • The totals at the end of each row is the total of all of the above transactions for the day. 415 CyG: Department Report: D 6 �,t•Gy ��5w OFT1 TO: Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, P.E., Public Works Director/City Engineer DATE: November 19, 2013 SUBJECT: PUBLIC WORKS DEPARTMENT REPORT FOR OCTOBER 2013 1. For the month of October, the total for all maintenance expenditures was $77,029.40 with street sweeping, storm drain maintenance, irrigation work, weeding, and tree trimming being among the highest tasks in terms of cost. The City's new landscape contractor, Kirkpatrick Landscaping Services, is now back on schedule for Citywide landscape maintenance after ramp up and storm damage delays put the contractor behind schedule since the start of the contract on July 1, 2013. 2. Public Works staff continues with outreach efforts in north La Quinta. Community workshops and zone meetings continue with a focus on property owners in Zone 3: Desert Pride (Reunion), Marbella, Sierra del Rey, and Topaz. Staff's intent is to gage property owner interest in forming an assessment district to help pay for desired and needed landscape improvements in those neighborhoods (namely, at perimeters and entrances). Attendance at the meetings has been increasing and staff has been fielding numerous phone calls and responding to emails, which is an indication that the word is getting out about the meetings and a possible assessment district(s). The majority of residents are expressing a desire to refresh their landscape, but are concerned about the cost. A Zone 3 meeting will be held on Saturday, November 16, at City Hall to discuss options, issues and concerns in more detail. Staff issued a press release as well as posted announcements about the meeting on Facebook and Twitter. 3. Granite Construction, the contractor for the Adams Street Bridge Improvement Project, has nearly completed the channel grading and slope HIFA lining protection beneath the new bridge. A ribbon cutting ceremony is tentatively scheduled for December 4 at 9:00 a.m. at the Kohl's parking lot. Progress on the project is being tracked on the Adams Street Bridge Project Facebook page. 4. The Eisenhower Drive and Calle Sinaloa Roundabout is now open to traffic. A ribbon cutting ceremony was held on November 6, 2013. Approximately 15 residents from the Cove neighborhood attended. 5. The Washington Street and Highway 111 Intersection Improvement Project is nearing completion. The City's contractor, Granite Construction, has re- constructed the median curb and paved what will be the additional turn lanes for the intersection. Granite will be striping the new lanes in the next two weeks. The project is scheduled to be complete by November 26. ESE: o� u,tcv � o� V s y ,rY c�tit OF CITY / SA / HA / FA MEETING DATE: November 19, 2013 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: ADOPT RESOLUTIONS TO APPROVE THE CONSTRUCTION OF A GOLF CLUBHOUSE ON 3.44 CONSENT CALENDAR: ACRES AT THE ANDALUSIA COMMUNITY STUDY SESSION: PUBLIC HEARING: 1 RECOMMENDED ACTION: Adopt a Resolution approving Specific Plan 2003-067, Amendment No. 3, subject to certain Findings and Conditions of Approval; and Adopt a Resolution approving Site Development Permit 2013-927, subject to certain Findings and Conditions of Approval. EXECUTIVE SUMMARY: • Andalusia's Coral Mountain project, located on both sides of Madison Street, between Avenue 58 and Avenue 60, is moving its golf clubhouse location northerly from its original location in order to build a larger facility. • The clubhouse size will increase from 16,400 to 33,604 square feet. • The new location will also accommodate a future 6,000 square -foot spa building, which will be added to the existing tennis/swim complex. • The Planning Commission recommended approval of the Specific Plan Amendment and Site Development Permit and expressed its support of the site and building design. • The golf clubhouse design is consistent with Specific Plan, as amended, and will complement the existing tennis/swim complex buildings. FISCAL IMPACT: None. CIR, BACKGROUND/ANALYSIS: The Andalusia at Coral Mountain project encompasses a total of 934 acres on both sides of Madison Street, between Avenue 58 and Avenue 60 (Attachment 2). Specific Plan Amendment The Specific Plan Amendment relocates the golf clubhouse within Planning Area I and allocates 3.44 acres to Multi -Family Residential in Planning Area 11 (Attachment 4). This brings Planning Area I to 23 acres and allows for a larger clubhouse, a future spa building, and a modified parking ratio for the clubhouse facilities. The proposed clubhouse site is currently a golf driving range, located in Planning Area I. No development is proposed for Planning Area II at this time. The proposed parking standard requires fewer stalls than the City standard, but exceeds parking standards established at other private clubs in the City. Site Plan The proposed clubhouse site is adjacent to the existing tennis center and swimming complex, on the eastern end of the driving range. Additional parking facilities, including golf cart parking along Marbella, are identified. A central fountain and roundabout will straddle Marbella and visually tie the existing facilities and clubhouse together. The site plan creates a multi -use facility for the community, much like a 'town center.' The design of the site interconnects all uses, and encourages the use of golf carts by adding dedicated spaces for residents' vehicles. Architecture The clubhouse is designed to blend with existing facilities and be of a similar southern Spanish architecture (Attachment 3, pages 1-4). The building will be two stories high, with the lower floor taking advantage of the existing grade differential, being situated below street level to the east but open to the driving range to the west. The architecture emphasizes the southern Spanish style through its use of red brick and stucco exterior walls, with accents of cut stone and stained wood trim and rafters. The roof is proposed to be concrete tile, with standing seam copper accents above a central cupola and on several other roof elements throughout the building. The clubhouse design is consistent with the high quality of development that occurs in Andalusia, and will continue the existing theme and character of the project. The building architecture is consistent with the adopted Specific Plan and proposed Specific Plan Amendment, and the standards of the Zoning Ordinance, where applicable. EP Landscaping The landscaping plan integrates with the site's existing plantings (Attachment 3, pages 10-14). The landscape palette continues the southern Spanish theme, and is consistent with existing landscaping. Use of consistent plantings throughout the tennis, swim and golf clubhouse areas will unify the site and provide an appealing environment. The project is conditioned to meet the requirements of the City's Water Efficient Landscape ordinance. PLANNING COMMISSION RECOMMENDATION: On October 22, 2013, the Planning Commission held a public hearing on the matter, and unanimously recommended to the City Council approval of the Specific Plan Amendment and Site Development Permit. The Commission expressed its support of the site and building design, and its concern that water efficiency be paramount in consideration of the central fountain's design (Attachment 5). AGENCY AND PUBLIC REVIEW: Public Agency Review: The request was sent to all applicable City departments and affected public agencies on September 20, 2013. All written comments received are on file and available for review with the Community Development Department. All applicable comments have been incorporated in the recommended Conditions of Approval. SB-18 Native American Tribal Consultation: Per SB-18 (2004), information regarding the proposed Specific Plan Amendment was forwarded to those Tribes referenced on the Tribal Consultation List provided by the Native American Heritage Commission. Mitigation and monitoring measures required as part of the original Environmental Impact Report for the project have been implemented. Public Notice: This project was advertised in The Desert Sun newspaper on November 8, 2013, and mailed to all property owners within 500 feet of the site. No comments have been received; any written comments received will be distributed at the hearing. ALTERNATIVES: Alternative actions include approving the Specific Plan and Site Development Permit with modified conditions of approval that address any specific concern of the Council, or directing the matter back to the Planning Commission for further consideration as deemed appropriate by City Council. Report prepared by: Nicole Sauviat Criste, Consulting Planner Approved for submission by: Les Johnson, Community Development Director EPAI Attachments: 1 . Project Information 2. Vicinity Map 3. Development Plan Set 4. Specific Plan 2003-067, Amendment No. 3 5. October 22, 2013 Planning Commission meeting minutes Eye RESOLUTION 2013 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SPECIFIC PLAN 2003-067, AMENDMENT NO. 3, FOR THE RELOCATION OF THE ANADLUSIA GOLF CLUBHOUSE CASE NO.: SPECIFIC PLAN 2003-067, AMENDMENT NO. 3 APPLICANT: CORAL OPTION I, LLC WHEREAS, the City Council of the City of La Quinta, California did, on the 19t" day of November, 2013, hold a duly noticed public hearing to consider a request by Coral Option I, LLC for consideration of an amendment to the existing Andalusia at Coral Mountain Specific Plan in order to relocate the golf clubhouse within Planning Area I, more particularly described as: APN: 764-200-068, 764-210-015 and Lot 87 and portions of Lots 85, 86 and 0 of Tract 31681-2 WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 22" day of October, 2013, hold a duly noticed Public Hearing to consider a recommendation on said Specific Plan Amendment, and after hearing and considering all testimony and arguments, did adopt Planning Commission Resolution 2013-020, recommending to the City Council approval of Specific Plan 2003-067, Amendment No. 3; and, WHEREAS, the Community Development Department published a public hearing notice in The Desert Sun newspaper on November 8, 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 City Council did make the following mandatory findings pursuant to Section 9.240.010 of the La Quinta Municipal Code to justify City Council approval of said Specific Plan Amendment: 1 . Consistency with the General Plan The proposed Specific Plan amendment is consistent with the goals and policies of the La Quinta General Plan in that the relocation of the clubhouse to Planning Area I is compatible with the goals and policies of the General Plan insofar as all community activities will be available at a central location, reducing trips and improving the sense of community. 423 City Council Resolution 2013 - Specific Plan 2003-067, Amendment #3 Coral Option I, LLC Adopted November 19, 2013 Page 2 2. Public Welfare Approval of the proposed Specific Plan amendment will not create conditions materially detrimental to public health, safety and general welfare as the Community Development Department has determined that this request is exempt from the California Environmental Quality Act, Guidelines Section 15332, Infill Development. The Specific Plan area has been previously analyzed under the California Environmental Quality Act, development occurs on and around Planning Area I, and no impacts relating to traffic, noise, air quality or water resources will occur as a result of the proposed project. 3. Land Use Compatibility The proposed Specific Plan amendment incorporates land uses that are compatible with zoning on adjacent properties. The design regulations specified in the Specific Plan amendment for the clubhouse are compatible with the existing tennis and swim club facilities adjacent to the site. 4. Property Suitability The uses permitted in the Specific Plan amendment are suitable and appropriate for the subject property in that the addition of the clubhouse at this location will reduce internal vehicle trips within the community. The current Specific Plan area is served without adverse impact by all necessary public services and utilities. 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 Specific Plan 2003-067, Amendment No. 3, 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 1 9t" day of November, 2013, by the following vote: 424 City Council Resolution 2013 - Specific Plan 2003-067, Amendment #3 Coral Option I, LLC Adopted November 19, 2013 Page 3 AYES: NOES: ABSENT: 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 Eye RESOLUTION 2013- CONDITIONS OF APPROVAL - PROPOSED SPECIFIC PLAN 2003-067 AMENDMENT NO. 3 ANDALUSIA AT CORAL MOUNTAIN NOVEMBER 19, 2013 C;FNFRAI 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 Specific Plan, 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. Specific Plan 2003-067 Amendment No. 3 shall be developed in compliance with these conditions, and the approved Specific Plan document. In the event of any conflicts between these conditions and the provisions of Specific Plan 2003-067 Amendment No. 3, these conditions shall take precedence. 3. Within 30 days of City Council approval, applicant shall provide five copies of the Final Specific Plan document, as amended by this action, to the Community Development Department. The Final Specific Plan shall include all text and graphics except as amended by this action, all amendments per this action, and correction of any typographical errors, internal document inconsistencies, and other amendments deemed necessary by the Community Development Director. EKv, S:\Agenda STAFF REPORTS ONLY\PH 2 (3) Andalusia Clubhouse SP CC COAs -final draft.docx Page 1 of 1 RESOLUTION 2013 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT 2013-927, INCLUDING SITE, ARCHITECTURAL, AND LANDSCAPING PLANS FOR THE ANDALUSIA GOLF CLUBHOUSE CASE NO.: SITE DEVELOPMENT PERMIT 2013-927 APPLICANT: CORAL OPTION I, LLC WHEREAS, the City Council of the City of La Quinta, California did, on the 19t" day of November, 2013, hold a duly noticed public hearing to consider a request by Coral Option I, LLC for approval of site, architectural, and landscaping plans for an approximately 33,604 square foot clubhouse generally located on 58830 Marbella in the City of La Quinta, more particularly described as: APN: 764-200-068, 764-210-015 and Lot 87 and portions of Lots 85, 86 and 0 of Tract 31681-2 WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 22" day of October, 2013, hold a duly noticed Public Hearing to consider a recommendation on said Site Development Permit Amendment, and after hearing and considering all testimony and arguments, did adopt Planning Commission Resolution 2013-021, recommending to the City Council approval of Site Development Permit 2013-927; and, WHEREAS, the Community Development Department published a public hearing notice in The Desert Sun newspaper on November 8, 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 City Council did make the following mandatory findings to justify approval of said Site Development Permit: 1 . Consistency with the General Plan The land use is consistent with the General Plan land use designation of Open Space — Recreation. The City's General Plan policies relating to Open Space - Recreation apply to clubhouses and the provision of recreation facilities for the City's residents. 427 City Council Resolution 2013- Site Development Permit 2013-927 Coral Option I, LLC (Andalusia Golf Clubhouse) Adopted: November 19, 2013 Page 2 2. Consistency with the Zoning Code and Andalusia at Coral Mountain Specific Plan (SP 03-067) The proposed development, as conditioned, is consistent with the development standards of the City's Zoning Code and Specific Plan 03-067, as amended, in terms of project location, architectural style, building height, building mass, and landscaping. 3. Compliance with the California Environmental Quality Act (CEQA) Processing of this Site Development Permit for the proposed use is in compliance with the provisions of the California Environmental Quality Act. The Community Development Department has determined that this request is exempt from the California Environmental Quality Act, Guidelines Section 15332, Infill Development. The Specific Plan area has been previously analyzed under CEQA, development occurs on and around Planning Area I, and no impacts relating to traffic, noise, air quality or water resources will occur as a result of the proposed project. 4. Architectural Design The architecture and layout of the building is compatible with, and not detrimental to, the existing tennis and swim club facilities adjacent to the site, and consistent with the development standards in the Municipal Code and Specific Plan 03-067. The building is appropriate for the proposed building location. 5. Site Design The site design, 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, vehicle and golf cart parking, and pedestrian access. The building is properly sized with regards to height and floor area, and is situated at an engineer -approved location with regards to vehicular and pedestrian access. 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. The project landscaping, as conditioned, will comply with the City's water tolerant landscaping requirements, and will integrate into the community's existing landscaping. 428 City Council Resolution 2013- Site Development Permit 2013-927 Coral Option I, LLC (Andalusia Golf Clubhouse) Adopted: November 19, 2013 Page 3 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 Site Development Permit 2013-927, 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 1 9t" day of November, 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 SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California E E191 RESOLUTION 2013 - CONDITIONS OF APPROVAL - PROPOSED SITE DEVELOPMENT PERMIT 2013-927 ANDALUSIA GOLF CLUBHOUSE NOVEMBER 19, 2013 Page 1 of 13 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. The Site Development Permit shall expire on October 22, 2015, and shall become null and void in accordance with La Quinta Municipal Code ("LQMC") Section 9.200.080, unless a building permit has been issued. A time extension may be requested per La Quinta Municipal Code Section 9.200.080. 3. 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 LQMC. The LQMC can be accessed on the City's Web Site at www.la-quinta.org. 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 Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan (WQMP) Exemption Form — Whitewater River Region, Improvement Permit) • La Quinta Community Development Department • Riverside County Environmental Health Department • Coachella Valley Unified School District (CVUSD) • 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) 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 431 RESOLUTION 2013 - CONDITIONS OF APPROVAL - PROPOSED SITE DEVELOPMENT PERMIT 2013-927 ANDALUSIA GOLF CLUBHOUSE NOVEMBER 19, 2013 Page 2 of 13 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 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. 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 E16 RESOLUTION 2013 - CONDITIONS OF APPROVAL - PROPOSED SITE DEVELOPMENT PERMIT 2013-927 ANDALUSIA GOLF CLUBHOUSE NOVEMBER 19, 2013 Page 3 of 13 Council. G. The applicant shall execute and record an agreement that provides for the perpetual maintenance and operation of all post -construction BMPs as 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 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 dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 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 and parking facilities of the master development. 12. 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. 433 RESOLUTION 2013 - CONDITIONS OF APPROVAL - PROPOSED SITE DEVELOPMENT PERMIT 2013-927 ANDALUSIA GOLF CLUBHOUSE NOVEMBER 19, 2013 Page 4 of 13 13. 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. STREET AND TRAFFIC IMPROVEMENTS 14. The applicant shall comply with the provisions of LQMC Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 15. 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. The applicant shall extend improvements beyond the SDP 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). 16. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. PARKING LOT AND ACCESS POINTS 17. 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. 434 RESOLUTION 2013 - CONDITIONS OF APPROVAL - PROPOSED SITE DEVELOPMENT PERMIT 2013-927 ANDALUSIA GOLF CLUBHOUSE NOVEMBER 19, 2013 Page 5 of 13 F. Drive aisles between parking stalls shall be a minimum of 26 feet with access drive aisles to Public Streets a minimum of 28 feet as shown on the Preliminary Precise Grading Plan or as approved by the City Engineer. 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. Entry drives, main interior circulation routes, corner cutbacks, 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. 18. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Parking Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b. Parking Lot & Aisles (High Traffic) 4.5" a.c./5.5" c.a.b. Loading Areas 6" P.C.C./4" c.a.b. or the approved equivalents of alternate materials. 19. 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. 20. 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 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. 21. 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 Ex10 RESOLUTION 2013 - CONDITIONS OF APPROVAL - PROPOSED SITE DEVELOPMENT PERMIT 2013-927 ANDALUSIA GOLF CLUBHOUSE NOVEMBER 19, 2013 Page 6 of 13 LQMC Section 13.24.040 (Improvement Plans). 22. 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 Precise 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. (Separate Storm Drain Plans if applicable) 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 plans shall show 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. 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 Division. 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. Exi: RESOLUTION 2013 - CONDITIONS OF APPROVAL - PROPOSED SITE DEVELOPMENT PERMIT 2013-927 ANDALUSIA GOLF CLUBHOUSE NOVEMBER 19, 2013 Page 7 of 13 In addition to the normal set of improvement plans, a "Site Development" plan is required to be submitted for approval by the Building Official, Community Development Director and the City Engineer. "Site Development" plans shall normally include all on -site surface improvements including but not limited to finish grades for curbs & gutters, building floor elevations, wall elevations, parking lot improvements and ADA requirements. "Street Parking" plan shall include appropriate signage to implement the "No Parking" concept, or alternatively an on -street parking policy shall be included in the CC & R's subject to City Engineer's Approval. The parking plan or CC & R's shall be submitted concurrently with the Street Improvement Plans. 23. 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. 24. The applicant shall furnish a complete set of all approved improvement plans on a storage media acceptable to the City Engineer (currently mylars). 25. 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. GRADING 26. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 27. 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. 28. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: 437 RESOLUTION 2013 - CONDITIONS OF APPROVAL - PROPOSED SITE DEVELOPMENT PERMIT 2013-927 ANDALUSIA GOLF CLUBHOUSE NOVEMBER 19, 2013 Page 8 of 13 A. A grading plan prepared by a civil engineer registered in the State of California, B. A preliminary geotechnical ("soils") report prepared by an engineer registered in the State of California, C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and D. A Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES Stormwater Discharge Permit and Storm Management and Discharge Controls). E. WQMP prepared by an appropriate professional registered in the State of California. F. Performance security in the amount for 100% of the cost to complete the grading improvements. 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. 29. 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. 30. 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. 438 RESOLUTION 2013 - CONDITIONS OF APPROVAL - PROPOSED SITE DEVELOPMENT PERMIT 2013-927 ANDALUSIA GOLF CLUBHOUSE NOVEMBER 19, 2013 Page 9 of 13 31. Building pad elevations on the grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the SDP exhibits, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval, or as approved by the City Engineer. 32. Prior to any site grading or regarding 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, the applicant shall submit the proposed grading changes to the City Engineer for approval through a substantial conformance review. 33. 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 34. Stormwater handling shall conform with the approved hydrology and drainage report for Andalusia, or as approved by the City Engineer 35. The applicant shall comply with the provisions of LQMC Section 13.24.1 20 (Drainage), Retention Basin Design Criteria, 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. 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. 36. 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. 37. 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. 38. 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 Ex% RESOLUTION 2013 - CONDITIONS OF APPROVAL - PROPOSED SITE DEVELOPMENT PERMIT 2013-927 ANDALUSIA GOLF CLUBHOUSE NOVEMBER 19, 2013 Page 10 of 13 of this property. 39. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 40. 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. 41. 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). 42. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 43. 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. 44. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 45. 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 and the State Water Resources Control Board's Order No. 2009-0009-DWQ and Order No. 2010-0014-DWQ. 1 . 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. 2. The applicant shall implement the WQMP Design Standards per (CRWQCB-CRB) Region Board Order No. R7-2013-0011 utilizing BMPs approved by the City 440 RESOLUTION 2013 - CONDITIONS OF APPROVAL - PROPOSED SITE DEVELOPMENT PERMIT 2013-927 ANDALUSIA GOLF CLUBHOUSE NOVEMBER 19, 2013 Page 11 of 13 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. 3. The developer shall execute and record a Stormwater Management/BMP Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs. 46. The applicant shall provide a copy of an executed agreement with the owner of the lake and golf course for accepting the runoff from SDP 2013-927 into its lake and golf course. UTILITIES 47. The applicant shall comply with the provisions of LQMC Section 13.24.1 10 (Utilities). 48. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. The 92 KV transmission power poles and all existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 49. 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. MAINTENANCE 50. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 51. 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 52. 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. OF RESOLUTION 2013 - CONDITIONS OF APPROVAL - PROPOSED SITE DEVELOPMENT PERMIT 2013-927 ANDALUSIA GOLF CLUBHOUSE NOVEMBER 19, 2013 Page 12 of 13 FIRE DEPARTMENT 53. The turning radius for the fountain roundabout on Marbella shall be approved by the Fire Department prior to the issuance of grading permits. BUILDING DEPARTMENT 54. The proposed clubhouse will comply with Building Code requirements in force at the time of building permit issuance, including Americans with Disabilities Act (ADA) requirements relating to access and path of travel. COMMUNITY DEVELOPMENT DEPARTMENT 55. Conditions of approval and mitigation measures associated with Tract Map 31681 and pertinent to this Site Development Permit shall apply to this approval. 56. The tile roof shall be hand -mudded consistent with the treatment used on the existing tennis facilities LANDSCAPE AND IRRIGATION 57. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans) 58. Landscape and irrigation plans shall be signed and stamped by a licensed landscape architect. 59. All trees added to the project site (not trees being relocated) shall have a minimum caliper of 2.5 inches. 60. 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). 61. 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 justify an alternative processing schedule. NOTE: Plans are not approved for construction until signed by the appropriate City official, including the Community Development Director and/or City Engineer. «y RESOLUTION 2013 - CONDITIONS OF APPROVAL - PROPOSED SITE DEVELOPMENT PERMIT 2013-927 ANDALUSIA GOLF CLUBHOUSE NOVEMBER 19, 2013 Page 13 of 13 Prior to final approval of the installation of landscaping, the Landscape Architect of record shall provide the Community Development Department a letter stating he/she has personally inspected the installation and that it conforms with the final landscaping plans as approved by the City. If staff determines during final landscaping inspection that adjustments are required in order to meet the intent of the Planning Commission's approval, the Community Development Director shall review and approve any such revisions to the landscape plan. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 5th Edition" or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. 443 444 ATTACHMENT 1 Project Information CASE NUMBER: SITE DEVELOPMENT PERMIT 2013-927 APPLICANT: CORAL OPTION I, LLC PROPERTY OWNER: CORAL OPTION I, LLC ARCHITECT: HART HOWERTON LANDSCAPE ARCHITECT: RGA LANDSCAPE ARCHITECTURE ENGINEER: WATSON ENGINEERING REQUEST: CONSIDERATION OF ARCHITECTURAL AND LANDSCAPING PLANS FOR SITE DEVELOPMENT PERMIT 2013-927 LOCATION: WITHIN THE EXISTING ANDALUSIA AT CORAL MOUNTAIN, 58830 MARBELLA, LA QUINTA GENERAL PLAN DESIGNATION: OPEN SPACE RECREATION ZONING DESIGNATION: GOLF COURSE SURROUNDING ZONING/LAND USES: NORTH: OPEN SPACE RECREATION & LOW DENSITY RESIDENTIAL/GOLF COURSE & SINGLE FAMILY HOMES SOUTH: OPEN SPACE RECREATION/GOLF COURSE EAST: OPEN SPACE RECREATION/EXISTING TENNIS & SWIM CLUB FACILITIES WEST: OPEN SPACE RECREATION/GOLF COURSE SUBDIVISION INFORMATION: N/A. THE ORIGINAL SPECIFIC PLAN (SP 218) WAS APPROVED BY THE COUNTY OF RIVERSIDE. 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'Ht3CC\}tl.... 92--u Q ar ry (k ® v m 4 R � a 4 � Iff Li ��) s 7 n I� _I Lij (� 'o7SWN w4 rD Ln °QC' tR7 N (1) ZEL ar$ r, 4 4 4 4 4 "Anna IL -� O :-ILLLIF CC 4 R 4 N ILL -zlm l4 z¢oz OZ J _ k I d 5Q q z missoz at 13 �Ja 1 ED ', 11'i °I W Igam. SWUM v 17 Y }I.I 1 1111`` Z Yam. � � II r }II I11I11 z— — �lif Llj I11 -I VVI ?�YIIV V�I i V o I a� d f M R ;' in _ rrr =� IS) CO rY I I i J JI I Y �- r _ - 1 I� ATTACHMENT 4 SPECIFIC PLAN 03-067 RECEIVED SEP 2 5 2013 CITY OF LA QUINTA PLANNING DEPARTMENT April 2013: AMENDMENT III OF CORAL MOUNTAIN w JIFF fb A­­w A Development by: CORAL OPTION 1, LaLC Prepared for: THE CITY OF LA QUINTA9 CALIFORNIA COMMUNITY DEVELOPMENT DEPARTMENT 473 81-570 Carboneras i...a A i 2253 CITY OF LA QUINTA LesJohnson i i i Calle Tampico iQuinta,a 92253 Hart i i -1 Union Street I San Francisco, CA 94 LANDSCAPE ARCHITECT RGA Landscape Architects, Inc. 73 04 !a-i,Suiteit Palm Desert, CA 92260 �"! li Indio,i 4 M 474 I INTRODUCTION 1.1 EXECUTIVE SUAVDARY .............................................. 1.2 PURPOSE A" INTENT .................................. ............. 1.3 PROJECT REGIONALSIETYING, ....................................... 1.3 IA PROJECT LOCAL SETTING ........................................... 1.4 1.5 PROJECT MSTORY .................................................. 1.6 1.6 ENABLING LEGISLATION ............................................ 1.8 1.7 CEQA COMPLIANCE ................................................. 1.9 2 PLANS, PROGRAMS AND GUIDELINES 2-1 2.2 THE LAND USE CONCEPT ............................................. 2.1.1 PlawaingArea Breakdown ......................................... LAND USE ........................................................... 2.2.1 Land Lee / General Plan Context ............................... 2.2.2 Existing General Plan I Land Use .................................. 2.2.3 Proposed General Plan / Land Use .................................. 2.1 2.2 2.3 .23 2.4 2.5 2.3 2.4 ZONING ............................ ...... ......... 2.3.1 Existing Zoning .................................................. 2.3.2, Proposed Zoning .................................................#2.7 The 2.4.Lnd UUMtPRg.A..r.e.a.................................. ............. 0 ....... V ......... 2.6 2.6 #.. .................. 2.2..839 2- ................................................Z2 2.51 OffsRe Improvements .................................. ......... a.25 2.5.2 Oncite, Improvements ......................... ... ...... .......... 2.25 2.6.1 Open Space and Recreation ....................................... 2.27 2.6.2 Infrastructure and Utilities Plan ....................... _... d ....... 2.29 2.A3 Water and Sewer Plan ....... I ......... 2.6.4 Electricity ................... * .................................. 2A5Natural Gas ..................................................... ......... 2.29 2.6.6 Telephone ...................................................... 2.29 2.6.7 Refuse Collection ................................................. 2.6.8 SCA001 Service .................................................. 2.30 2.6.9 Law Enforcement . ................................................ 2.6.10 Fire Protection .................................................. 2.6.11 Library facilities ............................................... 2.30 2.30 2.30 2.7 GENERAL DESIGN GUIDELINE S & STANDARDS ...................... 2-31 2.7.1 The Speckle plan 03-067 Community Lunge ................ -.133 2.7.2 CommervialArebitectural and Site Guidefine, ........................ 2.33 2.7.3 The Specific Plan 03-067 Golf and Country Club Facilities ............. 2.37 2.7.4 Residential Site Planning Guidelines ................................ 2.46 Specific Plan 03-067 M Emi 1 Grading Design Standardsr= 2,8 r CORAL MOUNTAIN PHASING 9 2. A 2.+ " The Phasing Concept . . . ... . . . . . . . . 2.54 a.". ZONING:. _.,. #: ..., Planning is 3.2 :: - . PLAN AMENDMENTS i.: ..'. kbu Amendment Procedures' i . GENERAL PLAN 4.3 rEN SPACE ELEMENT Specific Plan 0,3-067 iv CVLV' Introductiol 1.1. EXECUTIVE SUMMARY The Specific Plan 03-067 is organized in four sections. Section 1: Introduction. This section provides an overview ofthe document, project setting an history, exiting approvals, the legislative authority for the specific plan process and the method 1. compliance with the California Environmental Quality Act (CEQA). Section 2: Plans, Programs, and Guidelines. This section provides the orgaaizational framt work of the Land Use Plan and related plan exhibits. This section establishes the land use pol. ey 'he design guidelines which set design an for the Specific Plan 03-067 area and provides t development criteria and direction for individual projects wn the Specific Plan boundar Subsequent to the filing of the Specific Plan documents, separate Use Permit applications will filed which will delineate development criteria for the golf clubhouse and ancillary support stru( tures and buildings, residential units, and supporting maintenance facility areas. Section It and Development Regulations. This section establishes the zoning appl- cable to land within the Specc Plan 03-067 area boundary� Development Regulations are prt sented for each Plann9 in Area within the Specific Plan boundary, Section 4: General Plan ConsistencyThis section useks m-hb..ve issue,,csosnt-aqitqetmo-ent of cy of the Specific Plan 03-067 with the City of La Quinta General Plan. Svecific Plan 03-067 1.1 477 1.2 PURPOSE AND INTENT The Specific Plan presented herein is a comprehensive planning and development document intended to guide development of lands within the Specific Plan 03-067 area boundaryMis doc� ument establishes development plans, guidelines, and regulations for the project plan area and specifies development criteria for various use permit entitlements scheduled to be developed within the plan area. This document is intended to insure a high quality of development consistent with the goals, objectives, and policies of the City of La Quinta General Plan and the goals of the Coral Opfdon 1, LLC, developers of the property. These goals include: hnplementation of a plan which mogmes, and wherever possible, protects the enviromental characteristics of the property; Creaflon of a community with a balance of appropriate land uses and a range of housing types; Development of complementary recreational and commercial facilities which will serve a range of housing types; Development of a community which provides a safe, secure and ecologically sound living environment This Specific Plan guides the standard of development for Specific Plan 03-067 and is stru r r to provide a degree of flexibility to address market -driven demand changes, The Specific Plan 0 067 Amendment 11 establishes and updates the design and development zoning policies applic ble to development within the Specific Plan area described herein and establishes the, rerWatiio V. and standards which serve as the ordinance and development regulation for the property. This documents removes all land area south ofAverme 60 from the existing Specific Plan land area, which is concurrently being processed under the "Trilogy at La Quints, Shea Homes Community." 1.2 Specific Plan 03-067 478 The Original Specific Plan approval refered to as SP218 approved in Riverside County was locat- ed within the County of Riverside, in the Coachella Valley south and east of the City of La Quinta, The Santa Rosa Mountains are located to the west Salton Sea to the southeast and Little San Bernardino Mountains to the northeast The project site included 1,280 acres bounded to the north by Avenue 58, south by Avenue 62, west of Jackson Street and east of Lake Cahuilla County Park The project sit%- is located on the U.S. Geological Survey Indio, La Quinta, Martinez Mountain nd ie Q uadrangle Maps, including portions of Sections 26,27,28,34 and 35 of Township 6 aValer South and Range 7 East San Bernardino Base and Meridian, In 1999 the project was renamed to "Coral MountaiW' after a significant landform which has been historically referred to as "Coral Reef Mountain." This significant geological feature forms part of what is referred to as the 'Remnant of Ancient Shoreline' on the Recreation & Thoroughfare Map of Desert Communities. The Coachella Valley is divided into the Upper and Lower Coachella Valley Land Use Planning Area profiles and the project site is located within the Lower Coachella Land Use Planning Area, The predominant land use in the area is agriculture, including dry farming and citriculture, while a large portion of the Planning Area is vacannon-irrigated desert. Several sections of .If in the - I Area are under Indian (Torres Martinez and Augustine Man reservations) and Bureau Planning of Land Management (BLM) ownership. The resulting checkerboard pattern is found throughout eastern Riverside County. AM. suvreTWIT11,417MM-9F WM=lroi M-f S 02A k A -t 'V A N, F1 JWJ�Ja I Win I I ill'all-111as"aldli V_4_fA"t1 -tip tion of the site to 90 feet below sea level in the eastern portion. Specific Plan 03-067 1.3 M!, "Irl Q -w- e _N it ae. 7747 0 1 U 01 TntTA:1cTL,7,T17JL'rU-';-;rE5L 07 IN, CUT=# =11 I , 0 1 Y - 1 w,trt 1.5alo an versi County, on the north by Riverside County, and Federal and County lands to the South. The amended Siecific ilan nroiect ifte 1i my - - -1 , , �Z;r L4, JOU _WWRA, Al Wite Dip To Ve 50114 MCI CQ Ho ITER, VaCant. Lana anu portions of I control dike. L I " ------T fff INDIANWELLS PALM DESERT PROJECT SITE Exhibit 2 Specific Plan 03-067 is accessible from Interstate 10 by way of Jefferson Street and Madison Street or Monroe Street The Speoifir, Plan 03-067 project continues the implementation of a network of General Plan roads and infrastructure within the City's Master Plan for development and exemplifies a quality of growth that reiterates the City's emergence as a desert resort community with the highest stan- dards for resort residential and recreational development Speoific Plan 09-067 480 Property adjacent to Specific Plan 03-067 is designated by the General Plan for a variety of land use Low Density Residential (LIAR) uses are proposed and existing to the north and south of the property. The property west of the project site is designated Parks and Recreation. Specific Plan 03-067 LEGEND RESIDENTIAL ItO up W 2 *Jac R"Weed.1 W to 4 Roodonm W 101 W.&M Hoe Rose rk"U" W b 12 ed� top, U.'a, P.Wwm W P to VILLAGE COVE 10 Woe* CamnWal NONSEWDENRAL DISTRICTS ............ Oft. Cog— MW S S PEPAL PURPOSE VISTRICTS pou me 14aam cow so— WN DOW FAWN" SPECIAL SYMMS "-�m&rAww W CNI .1 X43131 A Brief History of the Coral Mountain Specific Plan's Previous Entitlement 'yfte properry is currently approveator various uses una Amendment I. This Specific Plan is an amendment to the earlier approval document filed in the County of Riverside known as Rancho La Quinta Specific Plan 218. The existing Specific Plan under Amendment I incorporates 23 acres of Commercial Use, 689 acres of residential use and associated land, and three golf courses on approximately 567 acres — all uses totaling approximately 1280 acres. The portion of the plan south of Avenue 60 is cur- rently being built out by Shea Homes under The Coral Mountain Specific Plan Amendment 1. Changes to the development scenario delineated in the current Coral Mountain Specific Plan -Wil Vwja-r,�, �-. ze�*�,Pecific Plan under the name "Trilo:y at La Quinta, Shea Homes Community". The Specific Plan 03-067 as proposed herein delineates a bifurcation of the "Trilogy" plan area south of Avenue 60 from the land area north of Avenue 60. The area north of Avenue 60 will use the name Specific Plan 03-067 while the area south of Avenue 60 will acquire the name "Shea Homes" and will be developed within the parameters of the Coral Mountain Specific Plan Amendment I document 1.6 Specific Plan 03-067 The development plan for the Specific Plan 03-067 plan area includes: 0 The development of two championship golf courses and Club amenities'. V The development of 1,400 residential units-, 0 The development of supporting infrastructure to assure adequate facilities and services. PROPOSED SPECIFIC PLAN 03-067 EXISTING CORAL MOUNTAIN PLAN TO REMAIN � nxpu M, Mr Specific Plan 03-067 1.7 483 The authority to prepare, adopt, and implement the Coral Mountain Specific Plan is granted to the City of La Quinta by the California Government Cc& (Title 7, Division 1, Chapter 3, Article 8, Sections 65450 through 65457), As with General Plans, the Planning Commission must hold a public hearing before it can recommend to the City Coirricil the adoption of a Specific Plan or an amendment thereto. The City Council of La Quinta. may adopt a Specific Plan and/or an amendment to the Specific Plan by either ordinance or resolution. The Specific Plan 03-067 is a regulatory document that once adopted, will serve as the General Plan, the Zoning Ordinance, and Development Code (Specific Plan) for the amended plan arm As such, •the adopted plan, once incorporated by reference, makes consistent the La Quinta General Plan. Upon completion of the, Specifle Plan amendment and adoption process, future development must be consistent with the, Specc Plan and amendments thereto. mva3JPJ4!IWrMIII I"f 1 -1 1 1 '1;, (a) The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparationof a subsequent EIR have occurred. (b) An addendum to an adopted Negative Declaration may be prepared if only minor technical changes or additions are necessary (c) An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted Negative Declaration (d) The decision mWdng body shall consider the addendum with the EIP, or adopted negative declaration prior to maldng a decision on the project "e) A brief explanation of the decision not to prepare a subsequent HR pursuant to Section 15162 should be included in an addendum to an EIR, the lead ageneys findings on the project or elsewhere in the record. The explanation must be supported by substantial evidence. Specific'Plan 03-067 IM 485 _2___�Ians, Prol "0_1Tq1WM' ro 1. Residential Uses The project encompasses two residential "neighborhoods" located on either side ofMadison Street One of the "neighborhooW is envisioned as a private country club featuring one of the two IS hole championship golf courses and corresponding low density neighborhoods, and the other "neighborhooW is envisioned as a low to medium density residential offering within the second championship course Product types may include single-family detached and attached units. Residential development is anticipated to occur over approximately 50% of the total acreage within the Specific Plan area with the balance of the property in open space, golf course, and other recreation based land use. 2. Commercial Use Commercial development is proposed to be located on approximately tO acres of land located on the Southwest & Southeast comer ofMadison Street and Avenue 5 8. Commercial development will consist of a mixture of commercial retail and resort -related commercial development It is au pated that t1w commercial retail development will include both neighborhood commercial and tor serving commercial uses. 3. Parks/ Open Space/ Recreation The primary recreational component of the development will be two 18-hole championship golf courses designed by Rees Jones which will occupy approximately 45% of the Specific Plan area. In addition to its flinction as a recreational component, the golf course will also provide a visual amenity within the Specific Plan area with a signcant number of residential units having frontage on and/or views of the golf courses. The conceptual layout for the golf courses is shown on the Umter Plan graphic. Individual developments within the Specific Plan area may have addi- tional recreational amenities including tennis and swimming facilities. 4. Circulation The circulation plan -for Specific Plan 03-067 is intended-tcrudlize-e3dsfiWlocad-uca-maxlways------- to provide the access to the Specific Plan area. These roadways include Avenue 60, Avenue 58, Avenue 62, Monroe Street and Madison Street, The internal circulation system win consist of a series of loop roads providing access to the individual residential and recreational components within the Specific Plan area. Fire rl VIVIN 111 � :11 IFF 1 1� Or I Specific Plan 03-067 41 486 iborhood Commercial -ourse L F 2.2.1 Land Use / General Plan Context opment standards and regulations for uses within e area. The location and alignment of the land uses and zones depicted herein are diagrammatic.The Mul cluslers, recreauon amenlues NO cluu-nousu anu Support LWILLJu;:S ;#III uUtc-IrAur, tile alignment and adjacency of each land use category. W �11 As If rdentifies the general types, locations and distribution of land uses desired in La Quinta. at buildout, the character and compatibility of land uses; community's, land use policies while implementing the Specific Plan, The Specific Plan 03-067 establishes consistency with, and implements the City's General Plan by: • Specifying the land uses in the plan area; • Delineating standards for land use compatibility with the City's policies; • Providing the framework for development in an orderly manner; • Making consistent the General Plan Land Use and Zoning Category for the property and the City's General Plan. Specific Plan 03-067 2.3 488 2.2.2 Existing General Plan / Land Use The Existing General Plan/Land Use for the plan area is Low Density Residential allo-wing 2-4 Dwelling Units per acre. The adopted general plan and corresponding zone classification for Medium and Low Density Residential - LDR allows for a variety of housing types and supporting land use within the resi- dential residential use, Golf use is currently allowed Residential Land Uses Low Density Residential — LDR Medium density Residential - MDR Golf - 0 Major Community Facility - MC NE Specific Plan 03-067 E %% The proposed GcneralPlanfLand Use for the plan area provides for LowDensity Residential land use allowing up to 4 Dwelling Units per acre as well as sites for a Neighborhood Commercial center. ----------------- -- ....... ------ Q11 %z N, Qj P X\A ........... ............... The ' adopted General Plan classification for Low Density Residential - LDR allows for a variety of housing types and supporting land use within the low density residential residential use, The adopted General Plan classification for Neighborhood Commercial -NC allows for a limited range of neighborhood serving commercial uses. Proposed Land Use Low Density Residential Neighborhood Commercial — NC Golf - CT Specific Plan 03-067 2.5 E [.*It It 2.3.2 Proposed Zoning ine pro P4=7n =MMM"ff77TMP= WMAMT-77- �Aw— dwelling units per acre and NeighboThood Commercial to -qgm, W*YM , 6 ago19�OUUMIIJM-4 zone ciassincadonorMuom44y i11 r vSvI cial land use and support facilities within the Neighborhood Commercial use. rOT115i LI-!WMv]ILI ti -V% -f". ............ Zoning Classifications Low Density Residential — RL Neighborhood Commercial (CN) Golf Course - GC fflsm�4 � �r M M Eby MIMI Uum 01,111 JINUOJIN616111 XTR area of the overall amended Specific Plan. The Master Plan includes complementary architecture in all product types and common area buildings and club facilities as well as a hierarchy of landscape setbacks, pedestrian areas, and connecting circulation systems for pedestrians, bicycles and carts. Development regulations for each planning area are presented in Section 3 — Zoning and Development Regulations. The Master Plan proposes 1400 units in Planning Area I and If distributed within a gross area of approximately 490 acres. These buildings are arranged in configurations which mayincLudeAl"t Lhe-d-uni 1�0 two, fbur� and six units each. Additionally, a 10 acre neighborhood commercial area is being r�lanned adjacent to the intersection of Madison Street and Avenue 58. The balance of the (oroperty is planned to be golf and open space use for the benefit of residents and their guests. DMILICS, SI-Ppur IrCL 1 and associated open space area. This facility includes resident and guest serving recreation facilities and supporting uses for all residents and guests. Planning Area 11 is defined by Villa Residential dwelling units of one and two stories with associated pools and open space area. These units are envisioned as attached and detached townhome "Casitas". --- U&r with associated pools and spas and associated open space areas. These units are envisioned as zttached and detached single family units. Planning Area V is defined by the Neighborhood Commercial site and its supporting parking circulation elements. This site is envisioned to be developed as a pedestrian scale neighborhoo serving a commercial area. I WN U O(AW11110111 AU U-201211, 61 2.8 Specific Plan 03-067 E 10%] Planning Area I Golf and Tennis Clubhouse Land Use Planning Area I is the intended site for the Specific Plan 03-067 Club facilities and is located in the central portion of the easterly half of the master plan area. Primary access to the Club facilities is provided from the main project entry point from Madison Street through a secure entry gate. Planning area I is approximately 10 acres and is delineated herein. Now$ L-1 Pedestrian and cart access throughout the plan is provided on surface streets and other open space paths to facilitate alternative modes of transportation to and from residential areas and other local offsite areas such as the Commercial element of the plan at the intersection of Madison and Avenue 58. Club Facilities will include golf and tennis locker rooms, meeting rooms, indoor and outdoor, restaurants, lounge areas, kitchen and food preparation and support facilities, as well as five to ten tennis courts, swimming pool, sauna, and spa amenities. on Specific Plan 03-067 E Mi PLANNING AREA I on= PLANNING AREA I — EXISTING LAND USE Existing Land Use Description — Vacant Flat Terrain GENERALPLAWLAND USE ZONE ACRES UNITS D"SITY LDR RL 10 VACANT SUBTOTALS 10 UMM PLANNING AREA I — PROPOSED LAND USE Proposed Land Use Description — Club Amenities G GC 10 SUBTOTALS 10 M Specific Plan 03-067 Planning Area H Residential Land Use Planning Area II is adjacent to the club facilities site with internal access to residential facilities from the club access road, Residential uses configured as attached and detached single, duplex, triplex and fourplex units are planned for the land area within Planning Area II. Unit count and distribution is described in the accompanying tables and graphics, Within Planning Area II there are 18 buildings, generating a total of 80 units ---proposed on 23 acres of generally flat terrain. This mix of residential buildings and ancillary recreation amenities results in a net density of four dwelling units per acre. a M am Specific Plan 03-067 PLANNING AREA 11 am= PLANNING AREA 11 — EXISTING LAND USE Existing Land Use Description — Vacant Flat Terrain GENERAL I'LAN/LAND USE ZONE ACRES UNITS DENsrry LDR RL 23 SUBTOTALS 23 09HEM PLANNING AREA 11 — PROPOSED LAND USE Residential Use GENERAL PLAN/LAND USE ZONE ACRES UNFr$. PAR LDR RL 23 80 SUBTOTALS 23 80 Specific Plan 03-067 US] Planning Area M Residential Land Use Land use in Planning Area M is distributed generally within the entire project site with internal access to residential is provided from a in project loop road. Both affached and detached single family is are planned for the land area within Planning Area Ill. Unit count and distribution is described in accompanying tables and graphics. t r Me ;:n4 er MI Specific Plan 03-067 E M% PLANNING AREA M mum PLANNING A III - EXISTING LAND USE Existing Land Use Description - Vacant Flat Terrain <;I•:\'I'•:ILII.I'L-\\'!1.:1\I) l'SI %O\I? :\C121r".� l'\1'I'S i)l::\�I'f,l'' SUBTOTA,LS 477 - - r "s _ • � r � •f� tip' PLANNING III - PROPOSED LAND USE Proposed Land Use Description - Residential Use ( I:-NI-:RA1, 1`LANIL_ 1) l'til: Y.c N1: j�(:Izl•:ti [INI'I•S f)I :N'SI I \. SUBTOTALS 77 1320 2. Specific Plan 3-067 611zt Planpling Am IV Goff and Open Space Maintenance Facilities Land use in Planning Area IV is located on 3 acresadjacent to the intersection of Madison Street and Avenue e northeast comer of the intersection, Access to the site is provided from Avenue 60 as well as from the internal Site Development Permit shall be applied for prig to development of the Golf Maintenance Facility. ME Specific l 67 6'1111 PLANNING AREA YV PIA LAND USE Existing Land Use Description - Vacant Flat Terrain l'.IiN1 R 11.1''LANILANA) I Sf' %(\[s ACI:L:j LOB. RL 3 VACANT TABLE PLANNING AREA IV - PROPOSED USE Proposed Land Use Description - Golf Maintenance Facilities I'I.:1\!I.:1-.1) (N: /-(1\I: 1(:'I:I.� II\I-I:ti SURTOTALS Specific Plan 03-067 671y Planning Area V Neighborhood Commercial Land Use Planning Area V is located at the intersection of Madison Street and Avenue 58, and is planned to be accessed from either arterial roadway adjacent to the two sites, Pedestrian and cart access from the internal area is also planned to facilitate aftereative modes of transportation to and from the two sites. ;0 m MMERCIAL, k."OMMERCI Planning Area V has a total of 10 acres of Neighborhood Commercial development with access from either side of Madison street or the south side of Avenue 58, Acreage of the two adjacent commercial lots are not required to be precisely equal in square footage. Planning Area V encompasses 10 acres and is described in accompanying tables and graphics. IM Specific Plan 03-067 611191 Planning Area V has a total of 10 acres of Neighborhood Commercial development with access from either side of Madison street or the south side of Avenue 58, Acreage of the two adjacent commercial lots are not required to be precisely equal in square footage. Planning Area V encompasses 10 acres and is described in accompanying tables and graphics. IM Specific Plan 03-067 611191 PLANNING AREA V MIEN= PLANNING AREA V - EXISTING LAND USE Existing Land Use Description - Vacant Flat Terrain GE NI-AA1.11LAVLAND USA z ON 1: ACRFS t r,\ 1, rs DENSITY- LDR RL 10 VACANT SUBTOTALS 10 PLANNING AREA V - PROPOSED LAND USE Proposed Land Use Description - Neighborhood Serving Commercial im G E"s E I I A im 1. 111,ANX. K13 Ro., I c 1, INC, FE s SUBTOTALS 10 0 Specific Plan 03-067 2.19 611111 Planning Area VI Residential (supporting) Land Use - Goff Course / Open Space Planning Area VI is distributed generally throughout the Plan Area and represents the majority of the project site acreage. The two 18-hole championship golf courses will occupy approximately 421 acres, which is approximately 50% of the Specific Plan area, In addition to its function as a recreational facility, the golf course component will also provide a significant visual amenity within the Specific Plan area with the vast majority of residential is having frontage on and/or views of the golf courses. The conceptual layout for the golf courses is shown on the Master Plan Exhibit, 4ft­ A, k r ap PIT), Distribution of this land use is described in accompanying tables and graphics. An Employee parking lot is sited in the northeast comer of the project adjacent to Avenue 58 allowing employ- ee access to the site via internal circulation paths. 2120 Specific Plan 03-067 HI 61110 PLANNING AREA V1 "Alan" PLANNING AREA IV - EXISTING LAND USE Existing Land Use Description - Vacant Flat Terrain LDR RL 421 VACANT SUBTOTAIS 421 ,Ivgxva %* OEM PLANNING AREA IV - PROPOSED LAND USE Proposed Land Use Description G H.'\A-R AL H.A N111-A 'N 1) ( k.11- /-(,) \ I' AUR 1'.S UNIT S Golf Course - G GC 421 0 SUBTOTALS 421 0 Specific Plan 03-067 WE 6111p, SUMMARY TOTALS TABLE33 EXISTING LAND USE GENERAL PLAN/LAND USE ZONE ACRES UNITS GROSS DENSITY LDR RL 934 1400 1.4 D.U.'s/AC on PROPOSED LAND USE GENERAL PLAN/LAND USE ZONE ACRES UNITS NET DENSITY LDR RL 497 1400 2.8 D.U.'s/AC NC CN 10 -- G GC 427 2.22 SIT RTOTALS 934 2.8 D.U.'s/AC Specific Plan 03-067 6111FA 2.5 CIRCULATION PLAN The proposed circulation system for the Specific Plan 03-067 addresses the requirements of the City of La Quinta General Plan Circulation Element by providing a hierarchy of vehicular traffic ways with pedestrian paths within the plan area, The Circulation Plan for the Specific Plan 03-067 utilizes existing circulation element roadways adjacent to and internal to the project area (Madison Street) to provide primary access to the Specific Plan area, These roadways include Avenue 60, Avenue 58, Avenue 62, Monroe Street and Madison Street. The internal circulation system of the amended plan for Coral Mountain will consist of a series of loop roads providing access to the individual residential and recreational components 1vithin the Specific Plan area. Gael -de -sac neighborhood streets/drives will utilize the internal loop spines in assuring a "private neighborhood feel". It is anticipated that the internal loop collector system will consist of private streets. The proposed circulation plan for the Specific Plan 03-067 is illustrated below and mill consist of grovement of roadways surrounding the Specific Plan area, including 58th Street to the north, 60 Street to the south and Monroe to the east, The Specific Plan area is bisected by Madison Street, which, pursuant to the standards set forth in Specific Plan 218 approved in Riverside County has been improved as a 110' right of way. Similarly, 60th Street has been constructed as a ? street, including full median construction, as a 1. 00' right t of way. Except for the tie-in to Madison Street, it is anticipated that both Mon -roe Street and 58 Street will be constructed in accordance with the City of La Quints, General Plan Circulation Element Standards in conjunction with the development of an internal loop road system to serve development within the project. The proposed Circulation Plan for the Specific Plan 03-067 is illustrated below and will consist of improvement of the roadways surrounding the Specific Plan area to General Plan Circulation Element Standards and development of an internal loop road system to serve development within the project, ma an Neighborhood Drives Car/Cart Tunnel Primary Entry Secondary Entry Service Entry so no Afte 8164" JP ASO Ok;Vovm aj 1 1h, an 00 40` Specific Plan 03-067 0M 8@0 an Wo am Wo ow *V0 P 40% % 4> JWU MR MR Individual cluster access drives are proposed with generous setbacks from the arrival boulevard and interior loop road to provide safe ingress and egress from individual residences. Within the Specific Plan area, the circulation system has been designed to accomplish the fol- lowing: Provide for internal private roadways that respond to the proposed development corridors while providing a safe route for project ingress and egress$ Provide for a privide street with access to Madison Street and to facilitate the internal network of planned private roadways to adequately serve residential areas and other amenities. 0 W1 2 V,I I? I H 9 Specific Plan 03-067 6711% The offlite trails system is consistent with the La Quinta General Plan multipurpose ant Bridal Trails plan to allow safe access to the trail head and staging area currently operational at the westerly terminus of Avenue 58 at Lake Cahala. 2.5.2 Onsite Improvements ne following mitigation measures are recommended to reduce potential circulation impacts with adjacent planning area(s) reqng roadway improvements. Bus stops will be provided on Avenue 58 in the vicinity of the project service entry and along Avenue 60 in the vicinity of the Maintenance Building employee entry. All internal divided roads will have a minimum pavement width of 20 feet (divided roads) per lane to accommodate minimum design criteria for fire equipment access. All other roads shall have a minimum pavement of 28 feet (internal streets and drives). • Each subdivision shall comply with the on -site and off -site street improvement recommendations and mitigation measures as required by the City Engineer. • All sectiom shall be approved by the City of La Quinta, Transportation Department, • All access points shall conform to appropriate street classification per City standards for access spacing. • Commercial uses shaft be per the General Plan. Neighborhood commercial uses must be located along secondary or greater highways, or near intersections with secondaxy higbways, The offsite trails system is consistent with the La Quinta General Plan multipurpose and Bridal Trails plan to allow safe access to the trail head and staging area currently operational at the westerly terminus of Avenue 58 at Lake Calmilla. rlzr �l 10 M 61K commumty elopment ILI , IE=ei # i M y 1 r! ANN the establishment of a landscape maintenance district or similar mechanism as approved by the City. Development adjacent to die City of La Quinta General Planned hnage Corridors located on Monroe Street, Avenue 60, Madison Street and Avenue 58 shall be restricted to a height limitation of 22, from pad grade within a setback distance of 150' from the Right-ofWay. Rear c Q ',dors shall be ex-oanded to a minimum rvx�iblgw WIlLy4swillnew g"Itit"12gi M 61§1 2.6 MASTER PLAN SUPPORTING ELEMENTS Open Space, Recreation, and Infrastructure Plans and Concepi r 9V one ameni- All k - or abuse of natural or man made amenities or resources. PROJECT SETTING T.S*.N,l 99" 7r'l Utz in the southwestern portion of the Coachella Valley, The City; which was incorporated in 1992, Will land and -portions of the flood control dike. 2.6.1 Open Space and Recreation for the development. Extensive recreational amenities have been incorpomted into the design of 16416411. "W1 calve-'filkir e idents. The recreational co onent of the development will e_r S 7� -0- A - including tennis and swimming facil&s to augment the recreation base of the community. Specific Plan 03-067 2.27 61 VA 2.6.2 Infrastructure and +® Plan I if . T=N' 771, TO W- MR � ANTIT; 7A I F R, M_ be designed to provide a coordinated system of infrastructure and lub�ic services to adequately serve the plan area at full buildout. Standards for infrastructure and public services relative to land use intensity envisioned for the plan area will be served by the following utilities: • Sewer - Coachella Valley Water District (CVWD) • Water - Coachella Valley Water District (CVWD) • Electricity - Imperial Irrigation District (11D) • Gas - Southern California Gas Company source.tiunderground irrigation Is1l fit Sys m p western portion of the Specific Plan 03-067 property from the northwest to the southwest. The Specc Plan 03-067 will conform to the requirements of the CVWD's current and future pro- grams and requirements pertaining to water management and conservation. I W I - 1. F ml existing 18" force mains located in Avenue 60 and Madison Street. Pumping facilities would be W'J" VJ 015,00AN I Domestic Water Service mod the water demands for ft project, CVWD will require a well site for each 70 acres of developed land. The location of such well sites will be subject to CVWD approval. 2.28 Specific Plan 03-067 61191 Lrrigation Water The sources for irrigation water for the golf courses and other landscape features within the Specific Plan area will be provided by reclaimed or canal water. These waters will be stored in lakes and ponds located throughout the golf courses. The existing underground irrigation distri- SXecifiz PL9a mmmz is i4tt conjunction. with Specific Plan implementation. The golf courses have been routed ever this irrigation line to is , #UU !WMTACUUlt-'tq 11'f the golf course will be coordinated with CVWD in relation to the aligmuent of the existing or relocated lines. CVWD reserves the right to review and approve any activity occuning within any existing irrigation rigbt-of-way within the Specific Plan area. AJI overhead public utility transmission lines for cable television, electricity and telephone are 'J, 'AS6J1f,1'"- &QUOICITMW fMQ MMOIT�rl 101, OM Omp Ill PA. I'm ON- W11 M-1 RM I P1 1 0 , .- it ''.-I all and telecommunicanons dismDurton Imes fawmal M TA.-Ir, Proi-ENAni-L Or, ire. facilities underground per the District guidelines where possible. 2.6.5 Natural Gas ,M] natural gas transmission facilities are routed or currently scheduled for installation in the vicinity of the perimeter of the Specific Plan site. The developer will be required by Southern California Gas Company (the Gas Company) to install to the Gas Company standards. All per- manent distribution lines internal to the project "I be installed per the District guidelines. ji-ez 91, - It IN tit , tam 'a "Ii "'flum- 1AM11LWMM'1 M-151,16 kOAR9 1) OW LIMA § (61a I It., 1 qrllqwl�� Refuse collection within the City limits is provided by an entity franchised by the City of La Quinta. and occurs in accordance with a schedule established by the franchisee and the City. It is as appropriate and required. Specific Plan 03-067 2.29 6SE11 9nined 6cnO11 -POISM(a IT is not A-111CIPaIcE nu be generated by the Specific Plan due to the anticipated family characteristics of potential pw- chasers of residential units. The applicant will contribute school fees in accordance with the requirements of the CVUSD. 2.6.9 Law Enforcement in general, police protection for the Specific Plan area will be provided by the County of Riverside Sheriffs Department Police protection provided,by the Sheriffs Department will be augmented by security facilities to be incorporated into the Specific Plan. In general, it is antici- pated that the entire Specific Plan area will be a gate -guarded community with its own private security force. Primary and secondary entrances to these residential development areas will be e of such securitv will lot I 2.6.10 Fire Protection Fire protection within the specific plan area will be provided by the Riverside County Fire Department. In conjunction with their PGA West development the developer constructed a new fire station on the PGA West property at Madisoin Street and Avenue 54 (the "PGA Station�'). It be pl'vi.i-Od -k-*TL_fY_P- PCTk 41'4- ne.-ific, Station. 542 acres of the 987 acre plan area was originally entitled for 2,198 developable units. Since originally approved, development of both the PGA West development and the Coral Nfirm�eAn s7ecific IlRi areN hvm exleieacet 7- siViga=t raftoti*T, ix*ve.r?_ll ))rtject fe-tsitiv-s-_ As a result, the PGA Station should be more than sufficient to service the requirements of this plan area. 2.6.11 Library Facilities The City is served by a public library which is administered by the Riverside County Library System located within 6 miles of the project boundaiy� 2.30 Specific Plan 03-067 6116i N 'k VIA a approval document where applicable. 16iny *f V%e &Ucli&es axf O?Aiv, tain situations or in conjunction with certain uses and/or building types. Those guidelines that have no specific call -out or geographic reference point can be assumed to apply uniformly throughout the project site. It should be noted that these design guidelines and standards do not �ta and/or as modi- fied by the adopted Coral Mountain Specific Plan Amendment 1. The following major topic areas are incorporated in this section: The Overall Community Themes, Commercial and Ancillary Buildings and Sites, Club Facilities, Residential Buildings, and Grading Cluidelines and Standards. Speciflic Plan 03-067 Community Theme vi w1iiii""A r- TIM I *3_i1foVL7Vm tt wwww1miftwar—cranent that inc oratesthefol- lowing main concepts: • Develop a community that is visually attractive and captures the essence of the surroundings. • Incorporate a variety of open space and recreational uses (active and passive). • Design a planned community that complements existing development in the surrounding area and is compatible with the surrounding environment. • Establish densities that are consistent with development patterns of surrounding areas. • Recognize the unique nature of Coral Mountain as a community within a community that meets the living and recreational needs of future residents of the City of La Quinta. • Develop high quality golf courses to create a strong community identity and long-term value. The design guidelines contained in this subsection are intended to establish a consistent design approach among site planning, engineering, architecture, and landscape architectural components while allowing flexibility in design over the build -out of the community. Specific Plan 03-067 2.31 611p, MEE= Assist in implementing the design intent of the Specific Plan by establishing project design compatibty among different residential densities and land uses; Provide a consistent approach to site planning and the design of buildings, streets, signage, walls and fences, fighting, landscaping, and other design elements that will endure for the life of the community. The guidelines provided herein suggest themes compatible with Spanish Colonial "characterbut are not intended to limit expressions of varying architectural styles. The design guidelines pre- sented herein establish the fiamework to achieve harmony and compatibility between residential neighborhoods while still providing flexibility that allows for a variety of architectural expression and interpretation. Examples of the design theme are illustrated throughout this document These examples are meant to convey general design concepts and are not intended to limit the range of expression among individual builders and their professional design teams. The guidelines are provided for the benefit Of Merchant builders, their planners/ designers, and City of La Quinta staff and decision-MAing bodies in the review of future Specific Plan 03-067 site development proposals. As such, the design guidelines identify elements for all residential and other land use proposals within the Specific Plan 03-067 area. These guidelines may be incorporated into subsequent site development its, conditional use permits, and subdivision maps submitted to the City for approval unless it is demonstrated that certain guidelines are not applicable, appropriate, or feasible under site -specific circumstances. 2.32 Specific Plan 03-067 61VA . A range of muted color tones shall be used throughout the development within Specil Plan 03-067. Materials in Commercial Architecture Roof materials shall include clay barrel tile, flat concrete tile, and concrete shakes. The color of roofs shall provide a range of deep earth tones. The color of roof materials shall be varied to reflect the existing surrounding architectural theme. AR roofing material shall be fire retardant. The predominant exterior building material shall be smooth finish stucco in keeping with the Specific Plan 03-067 architectural vernacular. X - X N All Wood, tile and wrought iron shall be appropriately incorporated as accent materials and bo consistant with the architectural style. a WE! Es MM mox K1 M. 61 P-1 Commercial Area Site Planning Appropriate site planning guidelines as discussed below shall be used to ensure functional and aesthetic development within Specific Plan 03-067's Neighborhood Commercial center, The guidelines are intended to be flexible and not aal guidelines are applicable in all situations. Reasonable application of guidelines in order to achieve a high quality consistency in design theme within the adjacent architectural context will be necessary. _zz V 4 T ... ........ I. P-iA -147. T Flexibility in interpretation is to be implemented in site design to achieve individual expression. 11.31M. ri The character of the commercial development areas shall reflect a neighborhood scale so that building massing does not overwhelm the street scene. The site shall be, wherever possible, low- rise in nature to create a pleasant pedestrian scale environment. Specific Plan 03-067 2.35 611% MM Building wall planes, particularly on the front elevation, shall be offset to create intere along the street, to provide a desirable pedestrian scale, and avoid visual monotony. i Single -story plate lines are encouraged on the front elevation, Second -story wall pI shall be off -set to effectively break up the building mass and reduce the perceived buil scale as viewed from the street. Single -story plate lines wiffi second -story wall- setbacks are encouraged on side and rear elevations. Side elevations shall provide, the same level of articulation and detail as the front elevations Articulated roofscapes shall be created through the use of a variety of roof forms. Repeous gable ends along front and rear elevations shall be minimized. 6M The Specific Plan 03-067 Golf and Counti-y Club Facilities 9 "t W-Mal I IMM iliffiJIUDWOM, =III W71,116) A clubhouse providing dining, loutige and social activity facilities club, and sport facility pro shops, locker rooms, lounges and golf cart storage for its championship golf courses and supporting circulation facilities -for operations of those facilities. A Swim and Tennis Club featuring a pro shop, locker rooms and a restaurantilounge area is envisioned for Specific Plan 03-067. The Swim and Tennis Club is sited within a Carden setting overlooking the courts, pools, and spas, W A Spa of approximately 6,000 SF containing several treatment rooms, a steam room, a salon, ant retail is envisioned for Specific Plan 03-067. Club Facility $ite Planning Guidelines MM%rjjit)�- Tennis Club Will incorporate elements that respond to the desert climate in the same manner as the residential components of the plan. Elements include generous patios, spacious courtyards, arcades, plazas, and paseos. Other planning guidelines for commercial, golf and country club f?r.ilities are listed below. M WAWA Clubh J Iva Tawiis Club RT Main buildings shall be, wherever possible, sited in landmark locations and be easily accessible and convenient. Service areas shall be, wherever possible, sited in low -visibility areas and effectively screened by utilizing building elements and/or landscaping. Pedestrian access routes between adjacent uses shall be, wherever possible, incorporated into the site design. Pedestrian spaces shall be, wherever possible, provided by creating plazas, courtyards, and promenades that link use areas. Parking shall be, wherever possible, oriented to permit pedestrian flow to club facilities. • Pedestrian courts are encouraged, especially to accent open area access points or primary vehicular entries and drop-offs. The use of landscape, areas and green space to separate customer traffic from commercial and service traffic is encouraged. Shared use of service areas, parking, accoss, etc., shall be integrated into the design wherever possible. 2,38 12 o �01 AIF Specific Plan 03-067 522 MINOR ll:lil!lll!!Iillllll�l ilillill!lll!lllllll!IIFIII��l LIM=. gil� 1111pill q ig�111%1 IF I 10�- I �11�0 MMM3= The use of wood frarne windows scaled to the interior space is encouraged. Frames s be, wherever possible, painted or appropriately colored to match the club facility. 1 wy, Mal 1r4bij kill) I I twakrq# #; The style of windows shall be compatible with the architectural style of the building. T use of many different window styles and or shapeson one building plane shall be avoidel The size and proportion of panes shall be in scale to the overall wall plane, Accent winaows it j4- Entries TIe club entry shall be a focal point of the building's front elevation through the appropriate use of inassing, building offsets, varied roof elements, columns, porticos, recesses or projections, accent f winI ows or other architectural features. ME 523 Porches, Balconies, and Railings . Porches shall be incorporated to the greatest extent possible. Porches and balconies function as an extension of interior spaces to provide visual interest, shadow, texture and shade. Second story balconies are encouraged to provide visual interest. Porches and balconies shall be designed as an integral component of the building's architecture and style, and shall not appear as a poorly conceived add -on element. The design of porch and balcony railings shall complement the building's architec- tare and style. Columns Columns used as a structural or aesthetic design element shall convoy a solid and durable image, and shalt be consistent with the architectural style of the club facility building. M F= 1 a M. 524 Columns may be used as free-standing form, or as supports for roofs and balconies. Chimneys •Chimneys, particularly chimney caps, shall be simple in design, so as not to distract from the building. The design of chimneys shall be compatible with the architectural style of the building. Exposed metal flues are not permitted, IX Exterior stairways shall be simp bold elements which complement architectural mm assing and forof fl building. I Archways The use of archways shall be compatible with the architectural is of the building, and designed as a complementary component of the building or adjacent courtyard. Specific Plan 03-067 2.41 69R •When used, archways shall defme or enfraime space, such as entries, porticos, patios, courtyards, and parking elements. Walb and Fences Walls and fences which are visible from streets, open space, or other private or quasi -public areas, shall be compatible in material, color, and design with adjacent and/or existing architectural elements. Building Details d AR mechanical equipment shall be screened from view by walls or fences that ary compatible with the building architecture, or by adequately sized plant material. All utility meters are to be integrated into the architecture and screened from view. •The materials, colors, and forms of garage structures shall be consistent with the architectural style of the club facility neighborhood in which they are located. Building designs that incorporate trellises and other shade structures are encouraged. •Accessory structures shall sigrfed to be consistent with the architecture of the adjacent club facilitv buildings. WN ffs.qm�i �. M, Club Facility Site Planning Criteria Club facility areas are to maintain a pedestrian friendly environment through the use of appropriately proportioned architectural and landscape elements. Street furnishings that add to the festive and pedestrian atmosphere surrounding the club shall be encouraged. Ile Clubho. e Tennis Club ■ Group functions and uses are encouraged at plaza spaces and recreation amenities to promote a lively pedestrian environment. • Arcades provide a pedestrian scale to buildings and pleasant shade cover, particularly when used on south and west facades. • Special areas such as paseos, plazas, and courtyards shall be created to further enhance the pedestrian environment. • Lighting fixtures shall be small in scale and consistent with the character and use of exterior areas. • Appropriately spaced benches and seating areas are to be provided for pedestrian comfort, • Flags or banners shall be made of durable cloth material and flown from vertical free- standing poles or incorporated into the design of street lighting and building architecture through the use of camilevered poles. Club Facility Parking Parking (on -street and off-street) shall be designed to minimize the visual impact of parking areas. ME Specific Plan 03-067 527 •streets parking shall be screened from view through the use of plant material or low walls that are consistent with the architectural style. Is op C ubho-,-&e flue 04 Tenni s Club q& v, %W It • Landscape treatments shall be used at surface parking areas to provide shade and mini- mize the visibility of parking areas. . Parking areas shall provide clearly defined pedestrian circulation. gi Trash enclosures, loading docks, rubbish bins, transformers, satellite antennas, processing equipment and any other unsightly apparatuses must be screened from view through the use of landscape or architectural elements that are compatible with the building architec- ture in material, color and design. Club Facility Massing and Scale Offset wall planes shall be used as an integral part of the building design to provide visual artic- ulation. . Building offsets shall be used to indicate building entries and pedestrian nodes. . Offset or angled building comers shall be used to provide subtle articulation. The Clubhouse building massing shall consist of a mix of building heights along with the use of focal vertical elements. ME Projections, overhangs and recesses shall be used to provide shadow, articulation, and scale to building elevations. Specific Plan 03-067 528 lip 11 II.J • Stepping back of building elevations is encouraged to provide second story terraces and visual articulation. • The club facility are shall create a distinctive roofseape theme by utilizing a variety of roof forms, • Building design shall incorporate elements that respond to the desert climate of La Quinta through the use of courtyards, passes, arcades and extended roof overhangs, Materials and Colors at the Club Facil® A range of muted color tones shall be used throughout the club facility areas at Specific Plan 03-067. 7-1 Specific Plan 03-067 on 6W., The extens V! 9 iscouraged except on I - d accent an-00 or focal elements, The color of roofs should provide a range of tones compatible with regional Spanish traditions. All roofing material shall be fire retardant, IMMOMM sum 11 is F I K lot- erations include the following: MM The placement of structures should consider prevalent environmental conditions including sun orientation, prevailing winds and desired views. Orientation of residential development edges should maximize view potential and access to natural open areas and recreation areas. Open space "fingers" should extend into resi- dential areas where possible. Varying house configurations on comer lots is encouraged to promote variety in the street scene and preserve sightlines of drivers at intersections. A combination of side -entering and front -entering garages and varied driveway locations are encouraged to breakup repetitive curb cuts and yard patterns. 6M Cluest parking shall be, wherever possible, located to provide easy access to units. Four-way intersections within individual neighborhoods are discouraged. Neighborhoods bordering open areas shall be, wherever possible, sited to maximize views of the Specific Plan 03-067 course amenities, while discouraging through access. Recreation areas/greenbelt features shall be, wherever possible, visible upon entry to neighborhoods to enhance neighborhood value. Individual multi -family buildings shall be, wherever possible, separated sufficiently to provide a green space image and accommodate walks and other circulation elements. Wall Planes, Windows, and Doors The use of desert heat withstanding windows is encouraged. If aluminum or vinyl fran:3 windows are used, the frames must be painted or appropriately colored to complement building and/or trim material. I Specific Plan 03-067 2.47 6MI The use of multipane windows is encouraged for front elevations which are visible froill other private or quasi -public spaces. Trim may be painted to complement the buildi architecture and color. I The style of windows shall be compatible with the architectural style of the building. Tm- use of many different styles of windows on one building plane shall be avoided. The s' and proportion of panes shall correspond to the overall proportioning of the elevation. 1 Accent windows that have a different or articulated shape or utilize multi -panes shall M- used as an accent element to create interest on building elevations. Windows are to consistent with the regional Spanish style. Entries The entry of residential dwelling units shall be articulated as a focal point of the building's front elevation through the appropriate use of roof elements, columns, porticos, recesses or projections, windows or other architectural features. Porches, Balconies, and Raffings Front porches shall be designed, where feasible, as an integral part of buldings to provide visual interest, as well as to promote social interaction among community residents by providing outdoor living spaces oriented to the front of the dwelling unit. incorporate porches atid balconies to function as extensions of interior spaces, to provide shaded outdoor living spaces. ME MA T �: A�L Ali Porches and balconies shall be designed as an integral component of the building and not as a poorly conceived add -on element. •The design of porch and balcony railings shall complement the building's architecture and style. Columns Columns used as a structural or aesthetic design element shall convey a solid and durable image, and shall be consistent with the architectural style of the building. MVVVIIRIM�! M =-, Eu��! Chimneys •Chimneys, particularly chimney caps, shall be simple in design, so as not to distract from the building. 11 The design of chimneys shall be compatible YAth the architectural style of the building. Exposed metal flues are not permitted. � =I 533 CHU WAII WIRvewded ore to CAp® WAN& Sweweev FlhisA Rr-0.1 The materials, colors, and forms of carport structures shall be consistent with th architectural style of the neighborhoods in which they are located. All flashing, sheet metal, and Yents shall be, wherever possible, painted or screened from view in a manner which is compatible with the building architecture. Common Space Elements All residential areas shall have Mly enclosed trash enclosures, which are compatible material, color and design with the building architecture. i Support facilities such as recreation buildings, permanent leasing offices, mail stations, etc., sWI be designed in the same architectural style, and to the same level of detail ant articulation, as the main buildings they support. B. Residential Site Planning Criteria Single -Family Detached The following concept shall be incorporated into the design of single-family detached neighbor- hoods: The street layout within residential neighborhoods shall provide view corridors to the pedestrian pathways, open spare, and landscape elements, thereby unitring pedestrian circulation and site landmarks, where feasible. The use of parkways or greenbelt gardens connecting the residential courts is encouraged in the desip of neighborhood streetscapes. M! 534 TAe^e Street T LAo,ds_-j%Vdr po.rkwo: Srdlrwltbt Residential dwelling units shall be sited to maximize view opportunities of the mountains in the La Quinto region where feasible. Where two-story units are located adjacent to one another, the side second story of at least one unit shall be stepped back, where feasible, to create a single -story plate line along the common side yard. 1111i ff - I , .1 - — M Single -Family Attached The g;e=raFsiteIJwii2% ousceyts estAIisk@,Y, fir tk,-. sixgle.-k.,afly ijet?,c!ve-i xeig3A*rk**'i.S Osi) apply to the single-famity attached neighborhoods. In addition the following concept shall be incorporated into the design of single-family attached neighborhoods: Neighborhood entry roadways shall focus on an amenity or a community open space feature or landmark, where feasible. The street layout within residential neighborhoods shall provide view corridors to the oven space and other special community features and landmarks, where feasible. In addition, the view corridors should also provide physical access to these community features, where feasible. •The design of streets shall be pedestrian oriented. The use of parkways is encouraged in the design of neighborhood streetscapes, where feasible. P0011"Ph&tee r4co"et -"ef Trees Watt Wi(PfYArtdrrr � POPIMOtOP Affo"d ----------- 297' Wff Saieb,.t 24-52 Specific Plan 03-067 6M. i 1 11 . 1 1 111711 si require a c to create drama and visual excitement These Guidelines are intended to outline approaches to lanfform alterations which accomplish 111114CUlik"M� the majority of Coral Mountain property is generally without significant ' contour or grade, it is witicipated that lanfform alteration associated with the development will be substantial in order M%tt-w-S-TC iV'TdUPMWPgVd iW, fhbv���@-24 course, residential, and open space area of the plan. G Grading Concepts and Standards QW-Ae. JUJ--d Site �*Ia&-y imUyy"---A to review and approval by the developer as part of the plan review procedures. Such review shall include, but not be limited to, the following criteria: Manufactured slopes should be varied in cross-section and along the slope length that utilize var- ied gradients. Manufactured Irms at development edges all be recontoured to a transition totheir exist- ing grade. Tte toe and crest of any manufactured slope in excess of ten feet (10') in height shall be rounded with vertical curves to to create nattual, nonabrupt grade changes. All graded slopes shall be revstated and irrigated in accordance with the landscape architectural and resource management standards outlined in these Guidelines, and as approved by the developer. Where residential access across drainage courses occurs it shall be accoEpiffs-ffe-d-ffy—a Bridge or aesthetically enhanced culverL Where these improvements occur, natural materials may be used for slope bank protection. saw= Specific Plan 03-067 2® MR 2.9 Plant Material Palette 16 mans NJU. the prevailing landscape image. -or-tJ 'i ie ecific Plan 03- icti W in the project. Species in addition to those listed are to be considered in order to provide diver- sity; however, the plant material in the list provided are relatively successful in the unique soil and climactic conditions of project site. PLANT PALE, TTE Acacia salicitia Weeping Wattle Acacia saligna Blue Leaf Wattle Acacia smalli Desert Sweet Acacia Acacia stenophylla Shoestring Acacia Brachych`ton populneus Bottle Tree Cercidium floridum Blue Palo Verde Cersidium hybrid Desert Museum Ceroldiurn praecox Sonoran Palo Verde chamempa humilia e• Fan Palm Chilopsis linearis Desert Willow citrus Species Citrus Cupressus sempervirens Italian Cypress Fraximis Uhdei 'Majestic Beauty' Evergreen Ash Geijera pirviflora Australian Willow Lagers is indica Crape Myrtle Lysiloma microphylia var. thombarri Feather Bush Olea europaes, Olive Olneya Tesota Desert Tion Parkinsonia aculeats, Mexican Palo Verde Phoenix ditotylitera Date Palm Pines eldarica Afghan Pine Pinus halepensis Aleppo Pine Prosopis chilensis Chilean Mesquite Rhus lancea African Sumac Schinus Terebinthifolius Brazilian Pepper Tree eve 'a peruviana Yellow Oleander Ulmus parvifolia Elm Washingtonia filifers. California Fan Palm Washingtonia robust exican Fan Palm ® Caesalpima pule Red Bird of Paradise Carissa, grandiflora, Natal Plum Cassia nemophill a Desert Cassia Dietes vegota, Fortnight Lily Specific Plan 03-067 2.55 537 Dodonaea, viscosa. Green Hopseed Bush Hernerocallis hybrid Daylily et el arbutifolm, on Hibiscus species Hibiscus justicia californica Chuparosa Leucophyllum Species Texas Ranger Myrors communis 'Compacta' Compact Myrtle Nandina domestics, Heavenly Bamboo Photinia, finseri Photinia Phormium, tea ax Now Zealand Flax Pittospormn tobira, 'Wheeler's Dwarf Primus carnifidarm Carolina Laurel Cherry Rhaphiblepis indica India Hawthorn Rosmarmus officinalis Rosemary PLuellia, briftonia 'Katie' Compact Ruellia Ruellia. calf fornica Ruellia, Sophora secm Texas Mountain Laurel Tecoma stairs 'Angustata' Yellow Bells Tecomaria. capensis Cape Honeysuckle Xlyosma congesturn N.C.N. Acacia redolons Desert Carpet Baccharis x 'Centennial' Bougainvillea various Dalea greggii Trailing Indigo Bush Lantana camara 'New Gold' Lamana mant evidensis Purple Traffing Lantana Myoporurn parvifolium Prostrate Myoporum Otmothera berlandieri Mexican Evening priurrose Pyracantha tortunearm Firstborn Rosmarmus officinalis 'Prostratus' Turf Verbena, species Verbena ® Antigorion leptopus Coral Vine Bougainvillea species 'Barbam Karsf clyrostome, calfistegioides Violet Trumpet Vine Ficus pmnila Creeping Fig Maefadyena unguis-cati - Caf is Claw Rose bankidae, - Lady Bank's Rose FINKOT—ORM Annual Color Agave deserd Desert Agave Agave deameitimin Agave Aloe barbadensis Aloe Vera Dasylirion wheoleri Desert Spoon Hesperalce parviflorn Red Yucca Muldenbergia, emersylleyi'Regal Mist' Bull Grass Muldenbergia, rigens Deer Grass Nolina. microcarpa Bear Grass Phormium tenax New Zealand Flax 2.56 Specific Plan 03-067 538 A. purpose. To provide fle)dble regulations via the specific Plan process which allow the use Ing a separation or peac-suian anu Terl-c-TRY uku ty- 116111111111; 11 11 City of La. Quinta Zoning Code (9.60.290). xy jig­ict Av. w ed al land uses as ovid b Section 9,40,030 (per General Plan Policy 2-1.19). Specific plan densities, development stan- dards and other features will be made consistent with ale General Plan by adoption of this Specific Plan. perittilted Uses. The Specific Plan 03-067 delineates the permitted uses within the plan area boundaries defined within Planning Area I through Planning Area V1. Uses are tailored to vidual site locations within the Specific Plan 03-067 plan boundary; the existing street systems, topography, and other characteristics. Zoning Designation. The Specific Plan 03-067 specifies overlay zoning adopted in conjunction with approval of the Specific Plan document Upon approval, the Specific Plan 03-067 becomes an integral part of the zoning for the property within the plan boundary and, for the plan area, becomes the Official Zoning for the City of La Quinta. Property zoning shall consist of the base district symbol followed by the specific, plan symbol in parentheses; for example, Low Density Residential - LDR would be noted as LDR(RSP). Specific Plan 03-067 3.1 6%R1 Zoning and Development Regulation and Standards by Planning Area Zoning and Development Regulation and Standards are presented for Planning Area I through Planning Area V1 as deaeated in the Planning Area Exhibit and are presented in the following order: Planning Area I Golf Course GC-(RSP) USES AND STANDARDS Description of Uses in Planning Area I Planning Area H Low Density Residential LDR — (RSP) USES AND STANDARDS WescriptioD of Uses in Planning Area 11 Oni-t q;td Develogment ReguLation and Standards Planning Area M Low Density Residential LDR — (RSP) USES AND STANDARDS Description of Uses in Planning Area III awilk-TA , .A140MAIMARA - - - 11 Planning Area FV Golf Course GC — (RSP) USES AND STANDARDS Description of Uses in Planning Area IV ............ Planning Area V Neighborhood Commercial NC— (RSP) USES AND STANDARDS Description of Uses in Planning Area V , k1111111111111 11 - I Planning Area V1 Golf Course GC — (RSP) USES AND STANDARDS Description of Uses in Planninc, Area V1 W, ■ 540 Planning Area I GOLF COURSE -GC - (RSP) Description of Uses in PlanningArta I designated as GC within Planning Area f as depicW on the Land Use Plan. Golf Supporting Use and Facilities address all land within Planning Area 1. OWN Mar Tor Ine Specific irfan 43-46 7 UTIT ation amenities and supporting uses. A Golf Coarse Residential Specific Plan GC-(RSP) overlay for this project area is proposed to -ti2rass P?# 1 t ftd-havc �- Planning Area I of the Specific Plan 03-067 establishes standards for the location and develop- Mefit'If CUUTOV-.64a 8MAM1 tJW&i ed trends in golf supporting facilities to serve the two 18 hole courses of Specific Plan 03-067. A. Purpose and Intent To provide for the development and regulation of a range of special- Ivwn-A-pum *rie-ImN toct,+' f,%j,'*r-,&t4WWub, resident andJ-uest serving recreation center and supporting uses, located in areas designated within Planning Area I in the Specific Plan. B. PermUted Uses. Permitted uses for land designated OC on the Land Use Plan and/or Ig4r, * ' P, ?.1104-ge"ble iiii de-iii A ' in the Golf Course district delineated in the La Itumia Lolling 01-0111-11M this Specific Plan. C. Tehyorary &Iytterim Uses. Temporary or recurring outdoor event staging facilities and buildings, Temporary golf house, sales and marketing buildings and offices are allowed. D. Aceevory Uses. Resort recreation and stage areas, and maintenance facilities and sites. Signs, fences, and walls, subject to the design criteria set forth in this Specific Plan documcnL Satellite dish and other antennas, subject to this Specific Plan. E. OtherAflowabM Uses. Water wells and pumping stations, water tanks and reservoirs, pub- lYv-Cx,%4 to facilitate the CVWD or developer in water management and conservation. F. Allowable Site Coverage. As specified herein. G. Development Standards. The following development standards apply to property proposed S'Pecific Plat, 03-067 3.3 M111 For development designated on the Land Use Plan and/or Proposed Zoning exhibits as GC — (RSP) and as described within the text of this Specific Plan. Standards are established for all buildings, structures -and uses within Planning Area 1. BUILDING DEVELOPMENT STANDARDS 7 L a 7T x Max. Building Height 35 ft.*+ Max. No. of Stories 2 Min. Front Yard Setback from: Street or Parking Stall Curb 8 ft. Pedestrian Circulation Walks 5 ft. Garage/Carport Setback 5 ft. Min. Total Side Yard Setback 10 ft.** Min. Interior/Exterior Side Yard Setbacks 5 ft. Max. Allowable Wall Height 10 ft.*** Max. Parking Required I space/250sf****' +Height is limited to 22' for a setback of 150' from R.O.W. on Madison & Avenue 58. *Not including chimney projections, bell towers, spires, etc. **AC Units, trellis elements, pools, and spas are allowed to encroach into side and rear setback areas. ***2' of the 10' In. may be retaining with 8' freestanding. ****The area (at) of the cart garage will not be included in the parking requirement calculation. Im rolon, M-IN in 1. Recreation Uses Outdoor la-4-it, and recreation uses. Golf and Tennis clubs or complexes. Health and fitness clubs & Spas. Golf course & turf/landscape areas. Live eTtcAW-twe-d as a7t aace- .,somuseAoA_'Vt.e-tiw..e" event. Museum uses. Parks, play fields, botanical garden uses, and passive and active open space area. Bicycle, cart, and pedestrian trails and storage facilities. Swimming pools and spas. 3. Lodging Uses Not allowed 4. Accessory Uses Private parking lots, carports and open-air parking stalls as an accessory use to Residential or Oven Space uses. Signs in accordance with this Specific Plan. Antennas and satellite dishes in accordance with this Specific Plan. umamu�� 6z' VA 5. Tempormy &Jnterim USeS ** Interim event parking lots for events anticipated to extend over three or more days of use. Temporary outdoor event staging facilities. "Temporary outdoor event staging facilities anticipated to extend over three or more days of use, "Construction and site guard offices in relocatable buildings. * A single asterisk indicates an allowable use requiring approval of a Conditional Use Permit fiom the La Quinta Pliuming Commisviom I - - La Quinta Community Development Director OPEN SPACE LAND USE iifpertSpan, laul i-tL Plarariag Arzj', ties. Criteria related to development of the open space surrounding recreation club facilities is presented and allowable in all areas of Planning Area identified. The following development standards apply to the construction of club/fecreation facility buildings for supporting structures within the golf course zone on property designated as GC - (RSP) on the Land Use Plan, P i - . I - .1 Max. Building Height 28 Max. No. of Stories I Mn. Setback from- Street or Parking Stall Curb Pedestrian Circulation Walks structure Setback 5 ft Min. Building to Building Setback 5 & Min. Interior/Exterior Side Yard Setbacks to adjacent lot to ft Maximum Allowable Screen Wall Height t Height is limited to 22' for a seback of 150'fiont FLON on Madisen & Avenue 58. W1 f t,.,,vt-rq snirevt- or huit1 nroiecticas that are nonessential to the Ru-ictional INA I 'I Specific Plax3 03-067 3.5 543 a r t n P 4 4 rel !Ises se!T9% V relocatable buildings. Te;mporaxy sales and marketing buildings and offices may be allowe& D. Accessory Use& Recreation and staging areas for recreation events, maintenance facilities g-E �11s� . ect to the design criterht set forth in this Specific Plan doc- ,1. -andwa . bI tanent. Satellite dish and other antennas, subject to this Specc Plan, E. OtherAllowable Uses. Water wells and pumping stations, water tanks and reservoirs, pub- _.iVnmte_� �orde�velox �Nva�r management and conservation. 3.6 Specific Plan 03-067 544 F. DevelopnimtStandards. The following development standards apply to property proposed for development designated on the Land Use Plan and/or Proposed Zoning exhibits as Low Fkensity Residential LDR — (RSP) and as described within the text of this Specific Plan. Standards are -established for Low Density Residential LDR — (RSP) buildings, structures and uses within Planning Area IL Residential Detached and Attached Development Standards These standards apply to all land within Planning Area 11 as described within the text and graph- ics of this Specific Plan. 1-11104101 Max Building Height 28 Vt Max. No. of Stories 2 Min. Livable Floor Area Per Unit 1500 sq/ft. Min, Front Yard Setback from: Street or Parking Stall Curb to ft. Pedestrian Circulation Walks 5 ft Garage/Carport Setback 5 ft. Min. Total Side Yard Setback 10 ft.**t Mm. Interior/Exterior Side Yard Setbacks 5 ft. Max. Allowable Wall Height 8 &***' Max. Parking Required Per Current Code t Height is lintited. to 22'fkw a sLEbock of 150' from R-OX on Madison &Averme. 58. * Not including rhinuicy pmjecttona, bell towers, spires, ete- *O'AC Units. trellis elements, pools, and spas are allowed to encroach into side and rear sasback areas. ** 2' of the,&, ht may be munning vith Vftesmoding. The following uses are permitted in Planning Area 11. 1. Recrecition Uses Outdoor lawn and recreation uses. Pool/spa and water recreation uses Live entertainment as an accessory use to a "one-time" event. 2. Semi -Public Uses Parks, play fields, botanical garden uses, and passive and active open space area. Bicycle, cart, and pedestrian trails, Swimming pools and spas. 3, Lodging 11�,es Residential use as delineated within this 3. 1 .2 hereill Specific Plan, 03-067 33 4. Accessory Uses Private parking lots, carports and open-air parking stalls as an accessory use to residential uses. Signs in accordance with this Specific Plan, Antennas and satellite dishes in accordance with this Specific Plan, 5. Temporary & Interim Uses ales® offilcor, construction and site guard officm; in relocatable or modular buildings. interim event parking lots for evems anticipated to extend over three or more days of use.** Temporary outdoor event staging facilities. Temporary outdoor event staging facilities anticipated to extend over three or more days of use.** A single asterisk indicates an allowable use requiring approval of a conalbount Use Parnorfitan the La Quinfor Planning conanieviarr ** A double asterisk indicates an allowable use, on a temporary basis resquiring approvedfivivir the La Quil Cornsountly LoveloprMens Dirucloc OPEN SPkCE LAND USF, Open Space land in Planning Area II is defined by the areas adjacent to the residential units. facilities are located on adjacent fingers of greenbelt within the devel- 15 anrr unit and recreational features (such as satellite pool buildings) on property designated as Low Density Residential LDR — (RSP)on the Land Use Plan. L OVA Max. Building Height IN I ITY 28 ft.* t Max- No. of Stories I Min. Setback Win: Street or Parking Stall Curb 2 Ift. Pedestrian Circulation Walks 2 ft. Structure Setback 5 fL Min, Building to Building Setback 5 fL Min. interior/Exterior Side Yard Setbacks to adjacent lot 10 ft. Iflaximurn Allowable Screen Wall Height 10 & t Hein htis lintitei 22"for asatha&of 130"frOm R.O.W. on Madison&Avenue 58. *Not including fliagpoIcs, chimney pYajeclims, W) towtis, spires, or buiiqJeolions that are nonemenfial to the fioxificinal space of die commercial building (i.e. bell Irnvers ele.) 3.8 Specific Plan 03L067 6t, I' 3.1.3 Planning Area M RESIDENTIAL SPECIFIC PLAN LDR-(RSP) USES AND STANDARDS Description of Uses in PlanningAren M VJ�tljr, tt�&t Ivw—,0! P for the Coral Mountain proposed residential grounds as well as ancillary supporting recreational uses and areas. This Planning Area is located throughout the project site and encompasses 477 acres, Planning Area III of the LandUse Plan proposed, within its boundaries, one underlying zone, Low Density Residential LDR — (RSP). idential supporting uses land use within Planning Area IR witb develo poient regulation and tesia presenteA herein. The development criteria for open space, passive, and active recreation areas and other uses is delineated for Planning Area III herein, I I I I I I I I � I I � III � � � I � I InoInIn I; t o IrI IIIIIIIII, I I � Z4 M. I U I I I 1� I 1� I � 1 1 1 1 The following section delineates the permifted land use and development r Propeuj designated as Low Density Residential Specific Plan. LDR - (RSP) on the Land Use Plan, within Planning Area 111. A. Purpose and Intent. To provide for the development and regulation of a range of special - I ithin PlanningArea. III in the Specific Man. f%.epre8eJJn�JJVU JAUU Mr, 111VA)JUU JEChULLMILLUI 11I)MIGi- ship, short tern and long term rentals, and leasing uses as well as supporting open space and recreational use. B. PerI Usey� Permitted us" for land designated LDR - (RSP) on the Land Use Plan idei all vii M.........' a lowed. C TwVorary & Interim Uses. Temporary or recurring outdoor event staging facilities and related uses serving the residential use and on -site construction and site guard offices including relocatable buildings. D. Accessory Use& Recreation and staging areas for recreation events, maintenance facies and sites. Signs, fences and walls, subject to the design criteria set forth in this Specific Plan doc- ument. Satellite dish and other antennas, subject to this Specific Plan. E. OtherAllowable Uses. Water wells and pumping stations, water tanks and reservoirs, pub- X-C Kult or in wata management and conservation. Spescific Plan 03-067 3.9 547 F. Depetopment Standards. Tke following development standards apply to property proposed for development designated on the Land Use Plan and/or Proposed Zoning exhibits as Low Density Residential LDR — (RSP) and as described within'the text of this Specific Plan. Standards are established for Low Density Residential LDR — (RSP) buildings, structures and uses within Planning Area III. Residential Detaelted and Attathed Development Standa-rds X 'Riest mull-jr,-&—way uAl lard testeNeif %4- i�&-&w—f ext 9--t ics of Us Specific Plan. Max. Building Height 28 fL*f Max. No, of Stories 2 Min. Livable Floor Area Per Unit 1500 sqft Min. Front Yard Setback from: Street or Parking Stall Curb to ft. Pedestrian Circulation Walks 5 & Garage/Carport Setback Min, Total Side Yard Setback 10 &** Min. Interior/Exterior Side Yard Setbacks Max, Allowable Wait Height 8 ft�*** Max. Parking Required Per Current Code t Height is UmiW to 22'fOr 4 selback of 15D' from k0A on Ma&son & Aveaue 59. *Not induding chimney projoctions, bell loivers, spirM, Otl— AC Units, trellis elements, pools, ard spas am allowed to encroach into side atid matwback are -as. Tof the Vht, may be retairting widi 6'1roostan1ing. L Recreation Uses Outdoor lawn and recreation uses. Poollspa and water recreation uses. Live entertainment as an accessory use to a "one-time"' event. 2. Semi -Public Uses Parks, play fields, botanical garden uses, and passive and active open space area. Bicycle, cart and pedestrian trails. Swimming pools and spas. 3. Lodging Uses Residential use as delineated within this section ME 548 4. Accessoty Uses p&ate parking lots, carports and open-air parking stalls as an accessory use to residential -us Signs in accordance with this Specific Plan. Antennas and satellite dishes in accordance with this Specific Plan. 5. Temporary & Interim Uses Sales qffilaass, construction and site guard offices in relocatable or modular buildings. interim event Parking lots for events anticipated to extend over three or more days of use." Temporary outdoor event staging facilities, Temporary outdoor event staging facilities anticipated to extend over three or more days of use.** A single asterisk indicates an allowable use reaneirsag approvel of a Conditional We Pentaitfroan the La QWnor Planning Comninofv& ** A double asterisk indicates an allowable use on a teraporary basis rtapad*re approwd- front the M Quinin Community Develtmoneat Director. OPEN SPACE LAND USE Open Space land in Planning Area III is defined by the areas adjacent to the residential units. Amenity and supporting facilities are located on 41acent fingers of greoribelt vAthin the devel- opment plan and may be pools, fountains, spas, etc, Development criteria is defined herein, The in residential unit and recreational features (such as satellite pool buildings) on property designated as Low Density Residential LDR — (RSP)on the Land Use Plan. Max. Building Height 28 ft.*t Mu. No. of Stories I Mir. Setback from: Street or Parking Stall Curb Pedestrian Circufation WAs 2 ft. Structure Setback Min. Building to Building Setback 5 fL mill, Intorior/Exterior Side Yard Setbacks to adjacent lot 10 ft. Maximum Allowable Screen Wall Height 10 ft. Heiglit is ibijad to 22, ror a setback or iso, fiom R O.W. on Madison & Avenue 58. Not including 134tgpolcs, chimney projections, W1 jo%FT�, spires, or building prejectians; that art nonessential to the functional space of the commercial building (jx. bell towers etc.) Slpec& Platt 03-067 3.11 6z' 1% 3.1.4 PlanningArea IV GOLF COURSE GC-(RSP) USES AND STANDARDS Description of Uses in'FlenningAres. IV Within the overall plan boundary, Planning Area IV encompasses development uses and standards for the Specific Plan 03-067 proposed Golf Course maintenance facility as well as ancillary sup- porting golf uses. This 3 acre Planning Area is located at the intersection of Madison Street and Avenue 60 on the southern boundary of the project site. Planning Azea IV of the Land Use Plan presently has, within its boundaries, one underlying zone, OC - (EST). A Specific Plan (RSP) overlay fox- Planning Area IV is proposed to address golf course support- ing uses land use within Planning Area IV with development regulation and criteria presented herein. The development criteria for other uses is delineated for Planning Area IV herein. RESIDENTIAL SPECIFIC PLAN NISP) USES AND STANDARDS The following section delineates the permitted land use and development standards for property des - ignored as Golf Course Specific Plan GC - (RSP) on the Land Use Plan, within Planning Area IV A. Purpose and Intent. To provide for the development and regulationof a range of special- ized maintenance uses oriented to golf course inaintenanm activity, located in areas designated within Planning Area IV ia.the Specific Plan. Representative land use include golf and open space maintenance building use and supporting ancillary functions to that use. 'R. Pernittted Uses. Permitted uses for land designated GC - (RSP) on the Land Use Plan and/or Proposed Zoning exhibits as GC - (RSP) includes all currently existing maintenance build- ing serving uses and allowable uses delineated in the Golf Course district description of the La Quinta Zoning ordinance and as speced herein. C. TmWorary & Interim Uses. Temporary or recurring outdoor event staging facilities and - -j i0- r&1eq�t'mn swvtg zz iwum, WAL ktrigiruc -don and site eatable buildings. D. Accessory Usm Fuel and supply storage incidental to the operations ofthe maintenance facit- fences and walls. sub-iect to the desiM, criteria set forth in this Specific Plan document as as required by law. Satellite dish and other antennas, subject to this Specific Plan. E. Other Allowable Uses. Water -wells and pumping s%tioris, water tan U- and reservoirs, pub- --r� -, &A awrwiu- 1 _ _ , - --- w_,27M, roW744 vivt , —1 r i du'r4*1 *117M fM;'-S im Ctm �s UL LZ t management and conservation. R Developnwit Standard& The following development standards apply to property proposed for development designated on the Land Use Plan, and/or Proposed Zoning exhibits as Golf Course GC - (RSP) and as described within the text of this Specific Plan. Standards are estab- lished for Golf Course GC - (RSP) buildings, structures and uses within Planning Area IV 3.12 Specific Plan 03-067 610 Max. Building Height 28 ft.*f Max. No, of Stories 1 Min. Front Yard Setback from*. Street or Parking Stall Curb 8 ft. Pedestrian Circulation Walks 5 ft. Ciarage/Carport Setback Min. Total Side Yard Setback 10 ft.** Mrs. faterior/Exterior Side Yard Setbacks 5 & Max. Allowable Wall Height 8 ft.*** Max. Parking Required Per Current Code f Height is limiW to 2T for a setback of 150' from RAW. on Madison & Aventat 58. *Not hicluding c1tinwray projections, bell tmier% spirar" etc. AC 'Units; trellis elements, pools, and spas are allowed to encmeb into side and rear setback areas. the 8'ht may be retaininguith 6'7vestan1it-ig. I'll ismiliplillel 11 � I M I ti1111 =4 Recreation Usti Outdoor lawn and recreation uses. 2, Seini-Public Uses Maintenance building uses, and passive and active open space area. Swimming pools and spas. 1 Special Uses Fuel storage, fertilizer storage, and use incidental to maintenance building functions 4. Accessory Uses Private parking Its, carports and open-air parking stalls as an accessory use to maintenance building uses. Signs in accordance with this Specific I. Antennas and satellite dishes in accordance with this Specific Plan, 1 Temporary & Internet Uses Site guard offices in relocaudde or modular building& Interim event parking lots for events anticipated to extend over three or more days Grose." Temporary outdoor event staging facilities. Temporary outdoor event staging facilities anticipated to extend over three or more days of use. * A sin0e asterisk indicates an allowablo use "eiptireigapproval of a Candidonal Use Permlifirruit the La Qumm Planuing Coinnne0ou. ** A double asterisk indicates air allowable, use an a temporary basis requiring approllin from the 14 QUinta Community Develepmere Director, 3.13 Specific Plait 03-067 61-11 3.1.5 Planning Area V NEIGHBORHOOD COMMERCIAL NC-(RSP) USES AND STANDARDS Description of Uses in Manning Area V for the Specific Plan 03-067 Neighborhood Commercial center as well as ancillary supporting uses. This Planning Area is located at the intersection of Madison Street and Avenue 58 on the northern boundary of the project site. Planning ATea V of the Land Use Plan proposed, within its boundaries, one underlying zone, Neighborhood Commercial NC-(RSP) on 10 acres of land, Permitted uses in the NC Zoning District will combine essential day-to-day neighborhood goods and services, tourism and visitor -based retail restaurant and limited entertainment opportunities,and facilities necessary for the operational demands of such uses, The following uses are permitted in Planning Area V with review of development proposals generally conforming to this Specific Plan and may require submittal of a Site Development Pennit, Temporary Use Permit; or other long or short term approval package at the discretion of the Community Development Department NEIGHBORHOOD COWIERCIAL NC - (RSP) USES AND STANDARDS W A. Purpose and intent. To provide for the development and regulation of a range of special- ized neighborhood serving commercial and retail uses oriented to Golf club and resort lifestyle activit3� located in areas designated within Planning Area V in the Specific Plam Representative ]WIt WU7n-6Y4US-116i9N*AJ" "nut '?nawwy fu--.2- tions to those uses. R. PetwdYted Uses. Permitted uses for land designated Neighborhood Commercial NC-(RSP) on the Land Use Plan and/or Proposed Zoning exhibits as Neighborhood Commercial NC-(RSP) aR-,-Ym-rdy e—aozL�kizW—%1-5C!t u-s-as Zat the Golf Course district description of the La Quinta. Zoning ordinance and as specified herein. C. TenWorary & Interim Uses. Temporary or recurring outdoor event sbong facilities and on -site construction and site guard offices and relocat- able buildings. Temporary sales and marketing buildings and offices are allowed. D. Accessory Uses. Signs, fences and walls, subject to the design criteria set forth in this Specific Plan document as as required by law. Satellite dish and other antennas, subject to this Specific ■ 3-14 ' Specific Plan 03-067 6WA E. Other AUowable Uses. Water wells and pumping stations, water tanks and reservoirs, p-ub- lic flood control facilities and devices. as necessary to facilitate the CVWD or developer in water management and conservation. F. Developmeni Standard& The following development standards apply to property proposed for development designated on the Land Use Plan and/or Proposed Zoning exhibits as Golf Course Neighborhood Commercial NC-(RSP) and as described within die text of this SpeCif3c Plan. Standards are established for Neighborhood Commercial NC — (RSP) buildings, structures anduses within Planning Area V. Neighborhood Commercial and Development Standards -t pz�. I '1 4,9nis-pigii It 11 within Pla:rrfkca Maximum Structure Height QUANTHY 35 ft.* Maximum Number of Stories 2 Minimum Front Setback 101) mum Rcar Setback 10, Minimum Parking 1/250'GLA Maximum Lot Coverage Minimum Building Setback to Avenue 58 25 Minimum Building Setback to Madison Street 25 ft Minimum Interior/Exterior Side Yard Setbacks 5110 ft. Maximum Wall Height loft *Architectural and roof projecfion3 not providing habitable. or otherwise unusable space, such as chimneys, spires, finials, and similar fupshnes ghall be permitted to extend up to ten feet above the maximum stnicture height, to games, pool, billiard or shuffleboard tables, etc. Spec;& Plat, 03-067 3.15 553 3. Special Uws. Professional service offices providing liriiited sales, such as medical, dental, veterinary clinic, dietician, optician, catering, attorney, real estate, banking, mortgage broker, social and community service offices, property management financial services, beautician, barber, reproduction service, tailor, cleaners and laundry, postal services, shoe, watch, jewelry and bicycle -repair, and similar uses. Offices with larger scale service aspects, such as limousine and auto rental. Indoor or outdoor professional art studios, dis plays and/or galleries, for all artistic endeavors and production, to include dance, painting, sculpting, ceramics, jewelry, glass blowing, photography, handmade fumiture, stone cutting, and similar activities. There may be sales, presentations and displays or demonstrations ts the public. 4, Accessory Uses private parking lots, carports and open-air parking stalls as an accessory use to commercial building uses. Signs in accordance with this Specific Plan. Antennas and satellite dishes in accordance with this Specific Plan. 5. Temporary & Interin? Uses Site guard offices in relocatable or modular buildings." Interim event parking lots for events anticipated to extend over three or more days of use.* Temporary outdoor event staging facilities. Tmporary outdoor event staging facties anticipated to extend over diree or more days of use. f. OtherAllowable Use Public indoor assembly/entertainment facilities, such as auditoriums, theaters, dinner theaters, conference center, gymnasium facties, concert halls and related use. Indoor facilities for education, training, self-help and impprovement, hobbies, or vocational purpose, both public and private. These may be located in any facilities Indoor/outdoor cultural, historic and similar displays and galleries for all t3�s of artifacts and/or artistic media, such as muse -urns, auction houses and consignment room. Such uses may include sale of display art pieces. A single astetisk indicates an altowable use requiring appmval qf a Condiaotud Use Perntitfroin the La Quinta Planning Commission. ** A double asterisk- indicates ail afloavable use on a tentrasy bags requiring appricast fivin the La Quinto Continunity Development Director Tice permitted uses in Planning Area V do not preclude other similar uses which are com- patible with the specifically identified uses and otherwise meet the criteria for this Specific Plan and the; cui-renfly approved Nei ;labor) Commercial District within the La Quinta Zoning ordinance. Any determination on a, proposed use whether listed or unlisted herein may 'be either in.ter- nally reviewed by the Community Developme3it Director or Planning Manager or referred to the Planning Commission as a non -bearing item if the Community Development Director or Planning Nfanager determines on a case -by -case basis that the public interest would be 3J6 better served by such referral. Specific Plan 03-067 554 3.1.6 Planning Area VY Golf Course GC-(RSP) USES AND STAMARDS Description of Uses in Planning Area V7 Within the overall plan boundary; ■Planning Area V1 encompasses 421 acres of development for the Specific Plan 03-067 proposed Golf Course as well as ancillaq supporting uses. This Plarining Area is located throughout the site. Planning Area VI of the Land Use Plan presently addresses 421 acres within its boundaries, one underlying zone, A Specific Plan (RS-P) overlay for Planning Area VI is proposed to address golf course support- ing uses land use vvithin Plamfing Arca V1 with development regulation and critcaia presented herein. The dovdopinent criteria for Othar ust, is delineated for Planning Area V1 herein. RESEDENTIAL SPECIFIC PLAN (RSP) USES AND STANDARDS -'MIFtio Ww ftrg'sw- dun kP&w&,3 *�-jza I f f ke.4 I ignated as Golf Course Specific Plan GC — (RSP) on the Land Use Plan, within Planning Area V1, A. Purpose and Intent. To provide for the. development and regulation of a range of special- ized golf and open space uses oriented to Golf club and resort recreation lifestyle and activity, .21 Plan. Representative land usf— include golf and open space use and supporting recreation functions to that use. B. Permitted Uses. Permitted uses for land designated GC — (RSP) on the Land Use Plan and/or Proposed Zoning exhibits as GC — (RSP) includes all currently existing golf serving uses and allowable uses delineated in the Golf Course district description of the La Quinta Zoning ordinance and as specified herein. Sales and marketing buildings and offices are allowed. C. TenVoraTy & Interim Uses. Temporary or recurring outdoor event staging facilities and *,e relocatable buildings. D. Accessory Uses. Limited food and beverage sales throughout the golf course area and accessory facilities (such as comfort stations and vending booths) to that use - E. OtherAllowable Uses. Water wells and pumping stations, water tanks arid reservoirs, pub- a—ffflm *1'rik-10 "i management and conservation. F. Development Standards, The following development standards apply to property proposed i I !; I Z yi;rg &Ykivits-aq-�� . . . . . . . . . . Specific Plan 03-067 117 MR GC — (RSP) and as described within the text of this Specific Plan. Standards are established for Golf Come LDR — (RSP) buildings, structures and uses wn Planning Area VL Golf Course Bung Standards i6lw-t 01.4114111611 lavd iA?itWT- Pla.-ming Area VI as described within the text and grap�,— I 101jr-0) milj= p1m lvmzyrag�' Max. Building Height 28 ft.*t Me,-<, No. of Stories 2 Min. Front Yard Setback from: Street or Parking Stall Curb Pedestrian Circulation Walks 5 ft. Garage/Carport Setback 5 ft. Min. Total Side Yard Setback 10 fl.** Min. Itherior/Exterior Side Yard Setbacks 5 ft. Max. Allowable Wall Height 8 ft*** Mae. Parking Required Per Current Ordinance t Height is Jimited to 22'foT a setback of 150'from R-O.W. on Mason &Avcnw58. *Not including chimney projections, bell tmeTs, spires, otc. ** AC Units, trellis cicinea% pools, and spas am allowed to evzroach into side and rear setback areas. **W 2'1fihe R'hL may be retaining with cestanding. lmM ! =. . I . . . Recreation Uxes Golf course use 2, Senti-Public Usey Maintenance building uses, and passive and active open space area. Parking facilities for employees of the development. 3, Special Uves Fuel storage, fertilizer storage, and use incidental to golf course operations 4. A ccessory Ures Prvata parking lots, carports; and open-ah parking stalls as an accessory use to maintenance building uses. Signs in accordance with this Specific Plan. Antennas and satellite dishes in accordance with this Specific Plan. J. Temporary & Interim Uyes Site guard offices in relocatable or modular buildings. KM M-TV, Temporary outdoor event staging facilities related to golf operations Temporary 'outdoor event staging facilities anticipated to extend over three or more days of A single asterisk indicates an allowable use requiring approval ofa Conditional Use Pertnitftont the La Quinia Planning Commimlom ** A double asterisk indicates an Mowable use on a temponcry basis reqnfring approvalfionz the La Quinto Commitinly Dovelopnxnf Aredor OPEN SPACE LAND USE Open is land in Planning Area VI is defined by the areas adjacent to the Golf Course Supporting facilities are located on adjacent fingers of gTeenbelt within the development plan. ijkly g!.j ) 0 ' ,IjVA6iWI6;Vt jtq-r annIq to constructi of budin for il gs sui g rbn ana rCSIGenUtj-WjA,'It-t- (RSP)on the Land Use Plan. I 11�1 Q k 'A NTI TV Max. Building Height 14 ft.* Max, No. of Stories I Min. Setback from: Street or Parking Stall Curb 2 ft. Pedestrian Circulation Walks 2 ft. Structure Setback Mim Building to Building Setback Min. interior/Exterior Side Yard Setbacks to adjacent lot Maximum Allowable Screert, Wall Height 8 ft. *Not includiq building p actions that am w nonessential to the fanctional space of the building (L*� bell toers ete.) which alay extend an additional WinTiright. Specific Plan 03-067 3,19 557 %'kV4VUTWt�1?V&*1 Mnor modifications to the approved Specific Plan 03-067 are allowed at the discretion of the & '7 Plan Amendment. 3.2.1 Specific Plan Amendment Procedures Minor modcations to the approved Specc Plan 03-067 are allowed at the discretion of thio Community Develppment Director or designee. A. Changes That Do Not RequireA Speck PlanAnwndmeta. As development within the Specific Plan 03-067 progresses, it may be demonstrated that certain detail changes are appropri- ate in refinement of the Specific Phw-, therefore it is intended that the Specific Plan Document provide flexibility with respect to the interpretation of the details of project development as well as those items discussed in general terms in the Specific Plan. If and when it is determined that changes or adjustments are necessary or appropriate, these changes or a4i ustinen ts shall be made as an administrative procedure approved by the Community Development Director or designee. After such administrative change has been approved, it shall be attached to the Specific Plan as an addendum, and may be further changed and amended ftoin time to time as necessary. Any such administrative changes do not require a Specific Plan amendment process. The. following changes to the Specific Plan may be made without amending the Specific Plan 03-067: I W 0 im. I I 911k,10dr.1 I U-Mel-A The addition of new information to the Specific Plan maps or text that donot change the effect of any regulation. The new infounation may include more detailed, sit e-speui-fic information. If this information demonstrates that Planning Area boundaries are inaccu- rately designated, based upon the goals of the Specific. Plan, said boundaries may be adjusted to reflect a more accurate depiction of on -site conditions, without requiring a Specific Plan Amendment Adjustments to the golf corridors may be made resulting in a corresponding change to the adjacent development parcel without the requirement of a specific plan amendment. Changes to the corminmity infrastructure such as drainage systems, roads, water and sewer system,) etc., which do not have the effeet of increasing or decreasing capacity in the project area beyond the specified density range nor increase the backbone infrastruc- ture construction or maintenance costs. TZIMMMYLUM= If it has been determined that the proposed change is not in -conformance with the intent of the current Specific Plan approval, the Specific Plan may be amended in accordance with. the proce- dures set forth in Chapter 9.240 of the City of La Quinta Zoning Code. 320 Specific Plan 03-067 558 --han 1 An-1 MUM la I e sc Planning Area wittan Me �ipectttc jrt_1111 LL Q Vao herein. Revisions to the Planning Arca Statistical Summaries made in accordance with these pro- visions do not require an amendment to the specific Plan. Transfers of density may be approved to add or reduce the -number of units within a given Residential Planning Area up to but not exceeding 25% of the Target Units for each Planning Area. 1ji"j"W"jinj Arej allowino residential W f of Planning Area location or intensity residential land use category. Within the Planning Area receiving the transferred density, the permitted density need not be evenly distributed to all sub- divisions which comprise the "receiving" Planning Area. Application for Density Transfer shall lowing: -Au PIE�r*.jo:; V;a *r ikt;&46 district designations. 7'he number of units to be transferred from one planned are to another. A calculation of acreage for each affected Planning Area showing the current number of allow- able units, the proposed number of allowable units for the effected Planning Areas, and, if the transfer is approved, the increase and decrease (expressed as a percentage of the previous approval unit count). The Community Development Director or designee shall approve the Density Transfer if the Mowing conditions are met: The overall goals of the Specific Plan 03-067 as amended are maintained. The full range of housing stock remains available. Community facilities such as schools and parks can accommodate the additional units in thq affected area. infrastructure facilities such as roads, sewer, and water can accommodate the additional units in the affected area. proposed densities are compatible with existing City of La Quinta General Plan Land Use desig- nations. Specific Plan 03-067 3.21 614*1 General Plan Consistency W [OFF ; r iiOplaw 111 iiiii I 0440wi—in MINS contained in the local general plan. Specific plans must demonstrate consistency in regulations, guidelines and programs with the goals and policies set fortli in the general plan, The City of La Quinta General Plan contains the following elements: Land Use, Circulation, Open Space, Parks and Recreation, Environmental Conservation, Infrastructure and Public Services Environmental Hazards, Air Quality and Uousing. Bach element of Lbe General Plan contains a summary of key issues which direct and guide that elemeriVs goals and policies. The summary of key issues is used in the Specific Plan 03-067 as the basis for evaluating the Specific PlaDs consistency with the City's General Plan. Applicable key issues are stated below followed by astaternent of how the project,v Specific Plan as amended confibrins thereto. k Man MW 1 NPIMTO-M and community facties. The Land Use Plan of Specific Plan 03-067 defigiwfes the majority of theWte as Low Demity RG-sideraial as well as OpenSpace and Gofl'use- Supporting co?wmrcial Speorfic Plan in areas a4lovent to oristingsupporting ii?l�as�ucftay. The City enjoys a reputation as a desirable locate. The City's unique and attractive character stems from a combinafion of its environmental setting near the mountains, the "La Quinta" image — The Developer qf the Spedj)c Plan 03-067 Master Plan eqioj,.v a foundation of hosting nationally recognized golf events capitalizing on, and reinforcing, the City "V unique sating Jbr champtomihip gaolf'recreation antl the Wtoriety that comes with premier sporting event broadcaso worldwide. As the Commercial development continues in the City, potential incompatibilities between land uses will need to be addressed- VisuaL audible and odoriferous impacts will have to be addressed'through design, buffering, screening and other mitigation techniques. Spectfic Plan 03-067 designates the mqiority of the site as Low Density Residential and championship goo' ainenifies. Supporting and adjacent dmeloprnent is, planned in a variety of heights and ' elevations in order to miWinize the visual impact while providing greenbelt screens to negative qf ,f-property injluences such as trafj'rc noise and related impacts. Sp.cifi. Plwx 03-067 4.1 611-It The trend of walm residential subdivisions has resulted in marry types of perimeter 'I[ treatments in the City. The design of these walls and other elements of the streets O 00�"ZVM. *1 *01 , I AN M NY Or, IM-57—HUME fle qW_VnM-. and community facilities. The Land Use Plan of the Specific Plan 03-067 Specific Plan designates the majori of the site as Low Densiq? Residential Residential serving commercial developin isplanned within the iNeighborhood Commercial land use of theSpedyic Plan. Development should not be allowed on hillsides nor alluvial fan areas to protect the scenic resources of the City. The project houndary of Specific Plan 03-067 is outside of the prisfine hAvides and alluvial./an areas and therebre generates no impact to these valuable resources. Roadway classifications and design standards should be based on current estimates of build -out: roflecting approved development projects. Development standards, of perimeter roadways are established in the General Plan Circulation Element. Existing and proposed roadway improvements in and around the project boundary are based on current estimates of build -out and consistent with. the goals andpolicres estabation Element of the Genaral Plwz M Alternative circulation system improvements need to be developed to relieve traffic oongestion along Washington Street S/ecjfic Plan 03-067abutsMadison andjeerson S?reets andtakesprimmy andsecondaty acce.%vftom these roathvq)s. 1,?) ,pacts to Wayhingfon Street (ire minimal due to the distance front the project site. - Tra ffic impacts resulting from development should be idented through a mandatory trafiff impact analysis process. Development prqjects tit Spec�Ic Flats 03-067 are subject to this requirement established in. the Developmait.Review Process delineated in this Specoo Plan docuamended. Pedestrian and bicycle networks should be developedwhich link activity ceaters in order U facilitate recreational walking and bildng and to establish non -automotive, transportation as a viable altemative, to driving. internal go�f cart, bicycle, andpedestrian access is incorporated in the Circulation Plan for Specific Plan 03-067 and is accommodated on the existing andplanned roadviraysystem 0-IMMOMM 611-11 Tle circulation system should be designed and maintained to encourage walking, bicycling and transit utilization as alternatives to automobile travel. Improvements to existing transit service should be considered, including provision of additional transit stops on major roadways and covered bus, shelters at all existing and future stops. The development along the perimeter of Specific Plan, 03-067 designates locations for transitstops and shelters, The internal circulationsystems pro -motes the use ofgolf carts, pedestrian paths andshuttles as a: means of ininnnizing veh icul�jr fralic. �3 OPEN SPACE ELET-TIETIT Development on "dune' areas should be enhanced to accentuate the scenic, topographical and cultural resources of the City. Although no areas, of "ical dune laneffonn exist within thxcl anvended Specific Plan boundary, the lands -cope concept designates the dune Portions of Specflzc Plan 03-067 as a valuable resource to be integrated into the overall masterphin ofdevelopment in either landforin mass and topography or in plant material theme. Ae Championship Golj' Courgas, planned.for construction will utilize varied and significant topography in an environmentally responsible manner to create dramatic scenic resources. Open space should be defined to include hillside areas, alluvial fans, water courses, golf courses, and natural park are -as. Natural, improved and unimproved types of open space should be included within the definition. Lakes and dramatic earthscaping are (he predominant landscape theme throughout Specific Plan 03-067 landveape architecture as planned and -will be integrated into the overall masterplan grading concept. As a link to the, City's cultural pas� elements of existing citrus orchards, date palm groves and farming areas should be. preserved. Specific Plan 03-067 will utilize the succays qf the Rancho La Quinta: lanL=pe concept which established Citrus "Groves as a primary imaging theme in landscape architecture. Sbnffarly Date Perlins will be used as the primerry vertical statement at the entry points to the project as well as within the boulevard landwape theme. Permitted land uses and standards for development in open space and watercourse areas should be identified. Developi)?enl,ytwzdardyf,?r,pecific Plan 03-067 are delineated in Section 3, Zoning and Development RegulaOrms, within this documentfor development in openspace: and water VWZ�� Specific Me,, 03-067 4.3 61M Park and recreation uses should be located in proximity to residential uses to facilitate pedestrian a=ss and should include the provision of appropriate facilities. The master phm for development within Specffic Plan 03-067 has, as a primary focus, recreation amenifies.for go?f, tennisandpassive walking within the prqject site. An fiftgrated bicycle network and well fimetiorting pedestrian path systein should be provided Bikepaths are apassive mve of die, private roa&ay System withi?Z Specific Plan 03-067 with connections to the a-usting establiMed network of bikepaths on a4jacent circulation links. "rmm Mime trought tolerant plant species should be used to reduce the impact on the potable water supply of the City. ed as a source of When eco;1omically feasible, recycled water sources are envision irrigatioll water fir the recreation elements of the plan area. Drought resistant plant material is a staple, qf the palette within the plan area. 4.5 ENVIRONMENTAL CONSERVATION ELEMENT • Scenic corridors, vistas and view sheds of the Santa Rosa and Coral Reef Mountains, as well as views toward the San Gorgonio Pass, shomd be preserved and enhanced • Utility resources should be conserved utilizing a variety of feasible strategies. Recycled wastewater will be utilized at Specift Plan 03-067 to sub lee irrigation demands once economically available to inithynize, water consumption- * The C4 should be protected from the adverse impacts of storm water runoff, including property damage as well as water quality. The gofcourves are designed with basins within the corridors to provide storm water retention duringfloodingy * Permitted land uses and standards for development in,open space and watercourse areas should be identified. of course use features the integration of watershed zones with open space and are designed within the corridors to Provide storm water retention dering.ftoding. •The quality and quantity of grog indwater should be, protected and maintained. Water conservation efforts should be maintained, expanded and implemented. . Lakes within the goff'cow -,ve boundoryprovidefor storage ofmn-offfor use in irrigation. 4.4 Specific Plan 03-067 61*1 Utility resources should be conserved utzing a variety of feasible strategies. . All structums are, built to City Zoning and Development Code and the, uniform building codestandards which implement astrategy qf conservation qf energy and resources. ITI ' 717MMM, be provided in reasonable pro)dn)ity to City residents. Ihe Specoc, Plan 0-7-067 project contributex to infi-astrucivre fiecs to mitigate any perceived inpact and provides, adonal security personnel thereby reducing the required manpowerfroin Me Cjfy'v low en/brcement services. The recycling, reduction and reuse of waste generated in the City should besupported, by the City. All structures are built to City Zoning and Development Code and the unfform building code standards which implement a strategy of conservation of energy and re8ourves. Frequent collection of solid waste and adequate disposal should be provided to keep the City clean and disease -free. The Speqfic Plan 03-067 project contributes to infrastructure fees to mitigate any perceived impact yx In DIJI I Dim liovi in -a shaking zone. All structures are built to City Zontng and Development Code and the uniform building code stan(fards which iniplement a strategy Qf comvei-vation of'ener*, and resources. The development of areas located within 100-year floodplain boundaries and not protected by existing storni water facties should be addressed. All structures are built to City Zoning and Development Code and the vitfform. building code standarch which implement a vil-ategy of conservation of energy and Subsidenm hazards for the eastern portion of the City due to its location witbin a region chw acteriza R,y pvleii"I sfll IiVefqcj%7� fjm-,�xg s@vere ytuxi skOkixg sl*uld R,o reduced if possible. Allstructures are. buill'to Cit Cocle and the un#brm building code , y Zoning and Development standards which implement a strategy of cons enation of energy and resow ces Sp.cific Plan 03-067 4.5 61*1 1 Noise mitigation should be considered with all development near arterial streets. Setbacky.from adjacent artarials are required by City development regulation. A noise study Jim' been prepared for development adjacent to arteriati and other development a,9 reqvired by the City (fLa Quirita Community Development Department. The factors that contribute to the increased risk of fire b d should be reduced to protect La Quinta citizens and structures from fire damage. All structures are built to City Zoning andDevelopment Code and the unifol-In building code standards which implement a stratek) of conservation of energyand resources. •The stationary and mobile source of air quality impacts associated with new development should be addressed, IYA An analysis of the Air Quality hair beenaared in cop!junction with the pwviousSpec?r7c Plan amendment '41. Allperceived impacts associated with this pr( )i-ectproposal will be mitigated to a level oj'insignficance� The Applicantshall utilize blow sand and dust controaccordance with the Municipal Code and the Uniform Building Code andsubiect to the approval of the City Engineer Particular care shall be exerelsedduringperiods of extreme windactivity Ant analysis, oftlieAir Quality has beenpreparedin cot!lunction with the previous Specific Plan amendment W. Allperceived impacts associated with thisprqjectproposal will be mitigated to a level cf inTigntfleance. At the time of submittal qf tentattve- tract maps or plans for any zoning approval the A,pplicant shall demonstrate that adequate provivion has been madefior non -automotive means of transportation within the project site as a meaw (.f reducing dependence on private autoinobiles. Ai,-� may inchak, goy'carf path iystems, bicycle, aml pedestrion systemy, and other sifnilarsysiums consistent with the spectflcplam Specijic project designs shall encourage the use of public transit by providing for bus stops as required by the Community Development Director and consistent with the requirements of local transit dim-icts and die spe-c!ficplar. The Applicant shall encourage and support the use of Sunline van1bia service and Aial-A-Ride between'the project site, local abports (e.g., Palm Springs, Thermal) and other regional land uses. 611-V 67:1: ATTACHMENT 5 PLANNING COMMISSION MINUTES TUESDAY, OCTOBER 22, 2013 CALL TO ORDER A regular meeting of the La Quinta Planning Commission was called to order at 7:04 p.m. by Chairperson Barrows. PRESENT: Commissioners Blum, Weber, Wilkinson, Vice Chair Wright, and Chairperson Barrows ABSENT: None STAFF PRESENT: Community Development Director Les Johnson,Planning Manager David Sawyer, Principal Engineer Ed Wimmer, Principal Planner Wally Nesbit, Consultant Planner Nicole Criste, and Secretary Monika Radeva Commissioner Blum led the Commi PUBLIC COMMENT - None CONFIRMATION OF AGENDA - Col APPROVAL OF MINUTES glance. Motion - A motion was made and seconded by Commissioners Wright/Blum to approve the Planning Commission Minutes of October 8, 2013, as submitted. Motion passed unanimously. PUBLIC HEARINGS 1. Specific Plan 2003-067, Amendment No. 3, requesting to relocate and expand the size of the proposed golf clubhouse and review of Site Development Permit 2013-927 to allow the construction of the golf clubhouse. Applicant: Coral Option I, LLC. Location: within the existing Andalusia at Coral Mountain — 58- 830 Marbella, La Quinta. Consultant Planner Nicole Criste presented the staff report, a copy of which is on file in the Community Development Department. PLANNING COMMISSION MINUTES 1 OCTOBER 22, 2013 67sri Chairperson Barrows declared the PUBLIC HEARNG OPEN at 7:14 p.m. Mr. Nolan Sparks, Operations Manager with T.D. Desert Development, L.P., La Quinta, CA — introduced himself, gave a brief description of the project, and answered the Commission's questions. Mr. Rob Parker, PLA, ASLA, Design Principal with RGA Landscape Architects, Inc., Palm Desert, CA — introduced himself and answered the Commission's questions. Public Speaker: None Chairperson Barrows declared the PUBLIC HEARING CLOSED at 7:21 p.m. Motion — A motion was made and seconded by Commissioners Wilkinson/Weber to adopt Resolution 2013-020 recommending approval of Specific Plan 2003- 067, Amendment No. 3, as submitted with staff's recommended conditions of approval. Motion passed unanimously. Motion — A motion was made and seconded by Commissioners Wilkinson/Wright to adopt Resolution 2013-021 recommending approval of Site Development Permit 2013-927 as submitted with staff's recommended conditions of approval. Motion passed unanimously. 2. Environmental Assessment 2013-631 and General Plan Amendment 2013-125 submitted by the City of Le Quinta for the review of the 2014-2021 La Quinta Housing Element'. Location: city-wide. Principal Planner Wally Nesbit presented the staff report, a copy of which is on file in the Community Development Department. Chairperson Barrows declared the PUBLIC HEARNG OPEN at 7:52 p.m. Public Speaker: No Chairperson Barrows declared the PUBLIC HEARING CLOSED at 7:52 p.m. Motion — A motion was made and seconded by Commissioners Wright/Blum to adopt Resolution 2013-022 recommending approval of Environmental Assessment 2013-631 as submitted with staff's recommendations. AYES: Commissioners Blum, Weber, Vice Chair Wright, and Chairperson Barrows. NOES: Commission Wilkinson. ABSENT: None. ABSTAIN: None. PLANNING COMMISSION MINUTES 2 OCTOBER 22, 2013 611-U] Motion — A motion was made and seconded by Commissioners Wright/Blum to adopt Resolution 2013-023 recommending approval of General Plan Amendment 2013-125 as submitted with staff's recommendations. AYES: Commissioners Blum, Weber, Vice Chair Wright, and Chairperson Barrows. NOES: Commission Wilkinson. ABSENT: None. ABSTAIN: None. BUSINESS SESSION — None CORRESPONDENCE AND WRITTEN MATERIAL — None COMMISSIONER ITEMS 1 . Report on City Council meetings of October 15, 2013. 2. Staff said the City Council meeting of next City Council meeting is schedule( Barrows is scheduled to attend. DIRECTOR'S ITEMS amber 5, 2013 will be cancelled. The November 19, 2013 and Chairperson 1. A joint meeting between the Planning Commission and the Architectural and Landscaping Review Board has been tentatively, scheduled for November 12, 2013 at 6:00 p.m. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Blum/Wright to adjourn this meeting at 8:00 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, Secretary City of La Quinta, California PLANNING COMMISSION MINUTES 3 OCTOBER 22, 2013 67 6u T4hf 4 4 a" AGENDA CATEGORY: CITY SA / HA / FA MEETING DATE: November 19, 2013 BUSINESS SESSION: ITEM TITLE: ADOPT RESOLUTIONS TO APPROVE THE CONSENT CALENDAR: 2014-2021 LA QUINTA HOUSING ELEMENT UPDATE STUDY SESSION: PUBLIC HEARING: 2 RECOMMENDED ACTION: Adopt a Resolution certifying a Negative Declaration under Environmental Assessment 2013-631; and, Adopt a Resolution adopting General Plan Amendment 2013-125, for the 2014-2021 La Quinta Housing Element Update. EXECUTIVE SUMMARY: • State law requires all California cities adopt a Housing Element that demonstrates how a city is accommodating its fair share of affordable housing. • The City's Housing Element was last updated and certified in 2011 and covers the planning period of 2006 to 2014. • The current update addresses the planning period of 2014 to 2021, including the City's State -mandated fair share Regional Housing Needs Allocation (RHNA) of 364 affordable housing units. FISCAL IMPACT: None. BACKGROUND/ANALYSIS: The 2014-2021 Housing Element Update (Update) was prepared with the assistance of Terra Nova Planning and Research, Inc. Staff worked closely with Terra Nova to complete several program tasks earlier this year, which were identified in the currently adopted 2006-2014 Housing Element, including zoning code revisions and rezoning of properties to accommodate an affordable housing overlay zone. These actions allowed for the City's Housing Element to be reviewed under the State Department of Housing 6M and Community Development's (HCD) streamlining process, which substantially reduces the review time. This was an incentive for staff due to the lengthy review time experienced during the previous update process. State housing law identifies an October 15, 2013 due date and subsequently requires the Update be adopted within 120 days of HCD completing their review. The Update was sent to HCD for initial review on July 18, 2013. Review comments were provided during a teleconference call on August 27, 2013. Staff addressed the comments, resulting in HCD issuing a conditional letter of compliance on September 16, 2013 (Attachment 1). HCD's comments were minor and are incorporated into the public review draft that was previously provided to the Planning Commission, and placed on the City's website. The City now has until February 12, 2014 to complete the update process. La Quinta's RHNA Allocation Every city in California is assigned a "fair share" number of new housing units for various income levels that it needs to accommodate, which is referred to as the RHNA allocation. The City of La Quinta received a RHNA allocation of 364 units for the planning period that extends from January 1, 2014 up to January 1, 2021. This allocation represents a significant reduction from the previous planning period (2006- 2014), which identified a 4,327 unit future housing need. The table below shows the required distribution of these 364 units by income category. LA QUINTA 2014-2021 RHNA Type of Housing Very Low Low Moderate Above Moderate Total New Units 91 61 66 146 364 The significant reduction in the City's RHNA allocation is reflected in the land resource inventory that identifies potential future housing capacity, and the rezoning adopted earlier this year. Additionally, the planned future expansion of Washington Street Apartments and the new units under construction at Coral Mountain Apartments help the City meet the 2014-2021 planning period RHNA allocation. As a result, several development sites identified in the currently adopted Housing Element are no longer necessary and have not been included in the Update. Community Outreach For this planning period, the City conducted community outreach through two Community Workshop Sessions to discuss the Housing Element and collect input. These Sessions were conducted on April 10, 2013 at City Hall. The first session was oriented to housing stakeholder groups, while the second session was intended for residents and the general public. These sessions were very lightly attended and generated no substantive public or industry comments. Mom` COMMISSIONS/BOARDS RECOMMENDATIONS: On October 22, 2013, the Planning Commission recommended approval of the Update to the City Council, on a 4-1 vote (Commissioner Wilkinson dissenting). The Planning Commission voiced concern over the State's housing allocation model and on the wide variation in RHNA allocations over the past two planning periods (Attachment 2). No public testimony was presented. During their November 6, 2013 meeting, the Housing Commission reviewed the Update. Commissioners generally expressed support, particularly regarding the significantly lower RHNA allocation and the increase to an 8-year cycle. AGENCY AND PUBLIC REVIEW: SB18 Review Per SB-18 (2004), information regarding the Update was forwarded to those Tribes referenced on the Tribal Consultation List provided by the Native American Heritage Commission. No consultation requests were received during the 90-day tribal consultation request period. Public Agency Review The Update was placed on the City's website on October 10, 2013. Adjacent cities of Coachella, Indio, Indian Wells and Palm Desert, as well as Riverside County, were notified of its availability. No comments have been received to date. Public Notice The Update was advertised in The Desert Sun on October 11, 2013. To date, no comments have been received. Any written comments received subsequent to this report will be provided at the City Council meeting. ENVIRONMENTAL REVIEW Based on California Environmental Quality Act requirements, an Environmental Assessment 2013-631 was prepared on the Update. A Notice of Intent to adopt a Negative Declaration was distributed and published in The Desert Sun on October 9, 2013, establishing a 20-day public review period ending November 5, 2013. No comments have been received to date during the circulation of the proposed Negative Declaration. ALTERNATIVES: Alternative actions include directing staff to incorporate any specific concern(s) of the Council into the Update that will be presented to HCD for final certification, or referral of the matter back to staff and/or the Planning Commission for further consideration as deemed appropriate by City Council. Note that any such referral could jeopardize 573 adoption timing requirements. Additionally, the City is required by law to ultimately adopt a Housing Element. Report prepared by: Wallace Nesbit, Principal Planner Report approved for submission by: Les Johnson, Community Development Director Attachments: 1. HCD Conditional Compliance letter, dated September 16, 2013 2. Minutes of October 22, 2013 Planning Commission meeting 3. Minutes of November 6, 2013 Housing Commission meeting 574 RESOLUTION 2013 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED FOR GENERAL PLAN AMENDMENT 2013-125 CASE NO.: ENVIRONMENTAL ASSESSMENT 2013-631 2014-2021 LA QUINTA HOUSING ELEMENT UPDATE APPLICANT: CITY OF LA QUINTA WHEREAS, the City Council of the City of La Quinta, California did, on the 1 9tn day of November, 2013, hold a duly noticed public hearing to consider the Planning Commission recommendation on Environmental Assessment 2013-631, prepared for the proposed General Plan Amendment for the 2014-2021 La Quinta Housing Element Update (hereinafter, "Project"); and, WHEREAS, the City has prepared an Initial Study and Negative Declaration under Environmental Assessment 2013-631 , in compliance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et. seq., (CEQA Guidelines); and, WHEREAS, the Planning Commission of the City of La Quinta did, on the 22" day of October, 2013, hold a duly noticed Public Hearing to consider the Environmental Assessment and said General Plan Amendment for the Project; and, WHEREAS, the Community Development Director has determined that said Project will not have a significant adverse impact on the environment, and that a Negative Declaration of Environmental Impact should be filed; and, WHEREAS, the City did mail and publish a Notice of Intent to adopt the Negative Declaration in compliance with Pubic Resources Code Section 21092, on the 9t" day of October, 2013; and WHEREAS, subsequent to said Public Hearing, the Planning Commission of the City of La Quinta did, on the 22nd day of October, 2013, adopt Planning Commission Resolution 2013-022 to recommend that the City Council certify said Environmental Assessment; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the La Quinta City Council did make the 6M. Resolution 2013 - Environmental Assessment 2013-631 2014-2021 La Quinta Housing Element Update Adopted: November 19, 2013 Page 2 following findings to justify certification of said Environmental Assessment: 1. That the Environmental Assessment 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, 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 2013-631 . 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. The Housing Element is a planning document and adoption of the Housing Element into the La Quinta General Plan will not directly result in changes to the physical environment. 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 2013-631 . 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 affected by the Project. 6MV, Resolution 2013 - Environmental Assessment 2013-631 2014-2021 La Quinta Housing Element Update Adopted: November 19, 2013 Page 3 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 considered the proposed Negative Declaration 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. The Housing Element is a planning document and adoption of the Housing Element into the La Quinta General Plan will not directly result in changes to the physical environment. 9. The City Council has considered Environmental Assessment 2013-631 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 California Code of Regulations 753.5(d). 1 1 . Based upon the Initial Study and the entire record of proceedings, the Project has no potential for adverse effects on wildlife as that term is defined in Fish and Game Code §711 .2., and a Finding of No Effect has been issued by the California Department of Fish and Game, pursuant to Fish and Game Code 71 1 .4. 13. 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 Planning Commission 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 in regard to this Environmental Assessment. SECTION 2. That it does hereby certify a Negative Declaration of Environmental Impact for Environmental Assessment 2013-631 (Exhibit "A") for the reasons set forth in this Resolution and as stated in the Initial Study (Exhibit "B"), on file in the 577 Resolution 2013 - Environmental Assessment 2013-631 2014-2021 La Quinta Housing Element Update Adopted: November 19, 2013 Page 4 Community Development Department and attached hereto. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 19t" day of November, 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 SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 578 EXHIBIT NEGATIVE DECLARATION Pursuant to the procedures of the City of La Quinta for the implementation of the California Environmental Quality Act, the City has completed an Initial Study for the project described below: Project: City of La Quinta Housing Element Update City Case No.s: Environmental Assessment 2013-631 General Plan Amendment 2013-125 Project Location: City-wide, as an adopted element of the La Quinta General Plan. Project Proponent: City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Project Description: The La Quinta Housing Element is a state -mandated general plan element that establishes the City's vision for addressing existing and future housing needs. The 2014-2021 Housing Element Update has been prepared to identify and address La Quinta's housing needs through 2021. As required by state law, the Housing Element describes community demographics, housing characteristics, the residential development potential of vacant and underutilized sites, and potential constrains to housing. The Housing Element is not a development plan and it is not an entitlement. Rather, it is a policy document that encourages the rehabilitation, preservation, and construction of housing in compliance with provisions of state housing law. Summary of Impacts: Attached is the Initial Study prepared for the City of La Quinta Housing Element Update. The Initial Study reviews potential environmental effects associated with the proposed project. Please review the Initial Study for more information. Availability of Documents: The Initial Study and all documents referenced therein, are available for review at the City of La Quinta Community Development Department, located at 78495 Calle Tampico, La Quinta, CA 92253. Mom, 6T.I Terra Nova/City of La Quinta CITY OF LA QUINTA CEQA Environmental Checklist F-hTti4li f fa) f eWNIAL6211 EXHIBIT B. I Project title: Housing Element Update, Case No. GPA 2013-125 CEQA Lead agency name and address: City of La Quinta 2. 78495 Calle Tampico La Quinta, CA 92253 Contact persons and phone number: City of La Quinta 3. Wallace Nesbit, Principal Planner (760) 777-7025 4. Project location: City-wide Project sponsor's name and address: City of La Quinta 5. 78495 Calle Tampico La Quit, CA 92253 6. General Plan Designation: All 7. Zoning: All 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.) The City is required to update its Housing Element on a schedule established by the California Department of Housing and Community Development (HCD). This update will address future housing needs for the period from 2014 to 2021. The Housing Element describes the City's existing and planned housing demand for the 8. planning period. It addresses housing for all income groups, but focuses on housing for lower income households, special needs households, and senior residents. The planning for future housing demand is governed by the Regional Housing Needs Assessment (RHNA), also established by HCD. The Housing Element is a policy document only. There will be no development resulting from the adoption of the Housing Element. 9. Surrounding land uses/zoning and setting: The Housing Element applies to all residentially designated lands in the City. Other public agencies whose approval is or may be required (e.g., permits, financing approval, or participation agreement.) 10. None. M 6T.11 Terra Nova/Citv of La Quinta ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: 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 by the checklist on the following pages. Aesthetics Agriculture Resources Air Quality Biological Resources Cultural Resources Geology/Soils Hazards & Hazardous Materials Hydrology/Water Quality Land Use/Planning Mineral Resources Noise Population/Housing Public Services Recreation Transportation/Traffic Utilities/Service Systems Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find 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. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I 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. I 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 EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Wallace Nesbit, Principal Planner Date N �I :; , -�`� .. • . ! `••'�' at .. _ - • ,_ art Leg _NFrod Current City Limit L�IYi ek Avt- ,. ; CITY OF Sphere of influence ,. .... LA QUINTA Awl l ACALE is FEET .�.,Sourm City ar t_a QuintaGanaral Plan Boundary, February 25, 2010 - , ij n a H ` q. �. _ vcoueiU •- - k 1 E AVe c S i -"F1 y it +... l I I • _ ir x • i., , ..., „....... i e S _. - — - •i--'- --.* Avenue 64 GBmn.��,.� • • _ Source: Uses 7.5 Minute Topographic Maps: Lo QaVft CA INN Penesefiard led py CA 1911, FPWAAWWAJ 5999 4 PA., CAi eA 1072 0 CA t956. PAWasoUnd 1972 City ®f la Quinta General Plan _ Exhibit L A TERRA NOVA® Planning Area Boundaries � 1-3 po—A a Aeee - Inc 9 . F9eiburd- ralifet is . • - 583 584 Terra Nova/City of La Quinta m MR Terra Nova/City of La Quint:? Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact 1. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a X scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic X buildings within a state scenic highway? c) Substantially degrade the existing X visual character or quality of the site and its surroundings? d) Create a new source of substantial X light or glare, is would adversely affect day or nighttime views in the area? Sources: La Quinta General Plan and EIR; Zoning Ordinance; Housing Element Update. r. a)-d) The Housing Element Update will have no impact on aesthetics. No development will result from adoption of the update. Future projects will be reviewed under CEQA, and their impacts to scenic vistas, visual character and light and glare will be assessed individually as they are considered. 13 MR Terra Nova/City of La Quinta General Plan Amendment GPA 2013-125 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact 11. AGRICULTURE RESOURCES: Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the X as repared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agri- X cultural use, or a Williamson Act contract? c) Involve other changes in the existing X environment, which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? MIJIMITIM41wil H. a)-c) The Housing Element Update will have no impact on agricultural resources. Shoufd— housing projects be proposed on agricultural lands in the future, their impacts will addressed specific to the project. Lands in agriculture are currently located in t southeastern portion of the City, but most lands actively being cultivated are outside t City limits, in the Sphere of Influence. I M 587 Terra Nova/City of La O.uinta Potentially Less Than Less Than No Significant Signifleant w/ Significant Impact Impact Mitigation Impact 111. AIR QUALITY: Would the project: a) Conflict with or obstruct implementa- X tion of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or X projected air quality violation? c) Result in a cumulatively considerable X net increase of any criteria pollutant for which the project region is non -attain- ment under an applicable federal or state ambient air quality standard (including re -leasing emissions, which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to X substantial pollutant concentrations? e) Create objectionable odors affecting a X substantial number of people? f) Generate greenhouse gas emissions either directly or indirectly, that may X have a significant impact on the environment? g) Conflict with an applicable plan, X policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Sources: La Quinta General Plan and Environmental Impact Report; South Coast Air Quality Management District CEQA Handbook, 1993; Coachella Valley State Implementation Plan for PM1O, Air Quality Management Plan; Housing Element Update. 111. a)-g) The Housing Element Update will have no impact on air quality. The City will assem future housing projects as they are proposed. However, since all lands in the Sit inventory are designated for residential land uses, it is expected that they will consistent with the SCAQMD's planning documents. Impacts associated with traditional pollutants, such as ozone and P M10, as well as greenhouse gas impacts will be calculated for each project, and mitigation measures implemented if necessary. I on 588 Terra Nova/City of La Quinta Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IV. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either x directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any x riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of is and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on x federally protected wetlands as defined by Section 404 oft e Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the x movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or x ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an x adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? MR, TerTa Nova/City of La Quinta Sources: La Quinta General Plan and Environmental Impact Report and Coachella Valley Multiple Species Habitat Conservation Plan and EIR/EIS, 2007. Adoption of the Housing Element Update will have no impact on biological resources. Individual projects will be addressed as they are brought forward, but there are no lands proposed on the Sites Inventory that occur in conservation areas. All projects will be required to pay the mitigation fee, unless such fee is waived by the City Council for affordable housing developments. Ef Wit Terra Nova/City of La Quinta Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact V. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in x the significance of a historical resource as defined in 15064.5? b) Cause a substantial adverse change in x the significance of an archaeological resource pursuant to 15064.5? c) Directly or indirectly destroy a unique x paleontological resource or site or unique geologic feature? d) Disturb any human remains, including x those interred outside of formal cemeteries? v. a)-d) Adoption of the Housing Element Update will have no impact on cultural resources. TM - City routinely requires that individual sites be studied for archaeological, historic a paleontological resources as projects are proposed. This policy will apply to pd d esodede futul housing rojects, anshoulrurces be ientifi, mitigation measurs will proposed. In 6VII Terra Nova/City of La Quinta General Plan Amendment GPA 2013-125 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VI. GEOLOGY AND SOILS — Would the project: a) Expose people or structures to X potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, X as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? ii) Strong seismic ground shaking? X iii) Seismic -related ground failure, X including liquefaction? iv) Landslides? X b) Result in substantial soil erosion or X the loss of topsoil? d) Be located on expansive soil, as X defined in Table 18-1 -13 of the Uniform Building Code, creating substantial risks to life or property? e) Have soils incapable of adequately X supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? U0.1111-0100,11LO"s, Lei RMIN, W110111%1W PRIMER.' W&TIM I I - M M AM U1 7-1 PA 9 VI. a)-c) Adoption of the Housing Element Update will have no impact on geology. There are no Alquist Priolo hazard zones on lands identified for housing. Individual projects will be assessed for potential impacts relating to landslides, liquefaction and other hazards, if applicable. The soils in the City are generally not expansive, but individual soil studies would identify this hazard prior to development. New development of any kind in the City is required to connect to sanitary sewer services provided by the CVWD. No impacts associated with septic tanks are expected. am MA Terra Nova/City of La Quinta General Plan Amendment GPA 2013-125 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact I. HAZARDS AND HAZARDOUS MATERIALS --Would the project: a) Create a significant hazard to the public or X the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or X the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) it hazardous emissions or handle X hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? d) Be located on a site which is included on a X 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? e) For a project located within an airport land X use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the area? I) For a project within the vicinity of a private X airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically X interfere with an adopted emergency response or evacuation plan? h) Expose people or structures to a significant X risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wit dlands? M WX Terra Nova/City of La Quinta General Plan Amendment OPA 2013-125 I. a)-h) Adoption of the Housing Element Update will have no impact on hazards or hazardous materials. Projects proposed in the future will undoubtedly result insmall quantities of hazardous materials being stored and used in individual units, but no large generator of such materials would be expected in the implementation of the Housing Element. Individual projects will be reviewed under CEQA, and impacts addressed on a case by case basis. IN 6VZI 1 Terra Nova/City of La Quinta General Plan Amendment GPA 2013-125 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VIII. HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or X waste discharge requirements? b) Substantially deplete groundwater X supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering oft e 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)? c) Substantially alter the existing drainage X pattern aft e site or area, including through the alteration of the course of a stream or river, in a manner resulting in substantial erosion/siltation on- or off -site? d) Substantially alter the existing drainage X pattern of the site or area, including through the alteration oft e course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on - or off -site? e) Create or contribute runoff water which X would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? I) Place housing within a I 00-year flood X hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? g) Place within a I 00-year flood hazard X area structures, which would impede or redirect flood flows? M 6MV Terra Nova/Citv of La Ouinta VIII. a)-g) Adoption of the Housing Element Update will have no impact on hydrology. The Ci will assess each future project under CEQA as it is presented. It will apply its standa requirements, including compliance with NPDES, preparation of SWPPP and WQ and Best Practices to all projects. Generally, lands included in the Sites Inventory is in located within a 100 year flood zone. NEM MR Terra Nova/City of La Quinta Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established x community? b) Conflict with any applicable land use x 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 mitigating an environmental effect? c) Conflict with any applicable habitat x conservation plan or natural community conservation plan? IX. a)-c) Adoption of the Housing Element Update will have no impact on land use. The parcels included in the Sites Inventory are designated and zoned for residential uses, and development on those parcels will be required to comply with the City's Zoning requirements. No changes in the Land Use Map will be required as a result of the adoption of the Update. All projects will be required to comply with the requirements of the Coachella Valley Multiple Species Habitat Conservation Plan. M MA Terra Nova/City of La Quint2 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact X. MINERAL RESOURCES -- Would the project: X a) Result in the loss of availability of a known mineral resource that would be of value tothe region and the residents of the state? X b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Sources: La Quinta General Plan and Environmental Impact Report; Mineral Land Classificatiolm Aggregate Materials in the Palm Springs Production -Consumption Region, prepared by the Califomfl Department of Conservation Division of Mines and Geology, 1988. 1 X. a) & b) Adoption of the Housing Element Update will have no impact on mineral resources. Lands on the Sites Inventory are not located on land identified for mineral resource extraction. There are no such lands in the City. sm 6VR Terra Nova/City of La Quinta 01%W1VLP.L9 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XI. NOISE Would the project result in: a) Exposure of persons to or generation X of noise levels in excess of standards established in the local general an or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation X of excessive groundborne vibration or groundborne noise levels? c) A substantial pen-nanent increase in X ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic X increase in ambient noise levels in the project vicinity above levels existing without the project? e) Fora project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, of the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a X private airstrip, would the project expose people residing or working in the project area to excessive noise levels? M.- 9JIMIT-Wiffm "k XI. a)-f) Adoption of the Housing Element Update will have no impact on noise. Projects will be assessed under CEQA as they are proposed in the future, including the preparation of noise analyses when required. These studies will provide mitigation where appropriate and necessary. No lands on the Sites Inventory is located adjacent to an airport or airstrip. M Terra Nova/City of La Quinta Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XII. POPULATION AND HOUSING — Would the project: a) Induce substantial population growth X in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of X existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of X people, necessitating the construction of replacement housing elsewhere? i 11111111FIE 111111IRRI lifflifill• Wrorly.Xim- ZIM XII. a)-c) Adoption of the Housing Element Update will have no impact on population or housin The purpose of the Housing Element is to plan for future growth, not to induce it. sites on the Lands Inventory are vcant, •nd will therefore not impact existi communities or housing units. I aa M [40 Terra Nova/City of La Quinta General Plan Amendment GPA 2013-125 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact 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 perform- ance objectives for any of the public services: Fire protection? X Police protection? X Schools? X Parks? X Other public facilities? X X111. a) Adoption of the Housing Element Update will have no impact on public services. Future projects will •. .• individually, • are all expected to contribute to the City's developer impact fee funds, and to the State mandated school funding. Further, the City implements the .• of the • Act, to .•• future • needs. so Terra Nova/City of La Quinta PotentiaHy Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIV. RECREATION -- X a) out the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? X b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? III I ffi I WERE, I I 1 11 IRV R I M I I "I MINE= Adoption of the Housing Element Update will have no impact on recreation. Futuis projects will be expected to contribute to the City's developer impact fee funds. Furth the City implements the requirements of the Quimby Act, to address future parks needsl IN Terra Nova/City of La Quinta General Plan Amendment GA 2013-125 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XV. TRANSPORTATION/TRAFFIC of the project: a) Cause an increase in traffic, which is X substantial in relation to the existing traffic to 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)? b) Exceed, either individually or X cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic X patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a X design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency X access? f) Result in inadequate parking capacity? X g) Conflict with adopted policies, plans, X or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Ir Ir 1111111111111111glil l�i� I I 1. 41-11 1 1 XV. a)-g) Adoption of the Housing Element Update will have no impact on traffic or transportation. Future projects will be required to implement the City's requirements for traffic studies, and to complete required traffic improvements, if applicable. All lands on the Sites Inventory are designated for residential development, and are therefore considered in thq City's • city-wide traffic analysis completed for the General Plan. Mitigation measures, if required, will be applied to individual projects as they occur. M 11-11191 Terra Nova/City of La • Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVI. UTILITIES AND SERVICE SYSTEMS Would the project: a) Exceed wastewater treatment X requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of X new water or wastewater treatment facilities or expansion of existing facilities, the construction of is could cause significant environmental effects? c) Require or result in the construction of X new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant envirom-nental effects? d) Have sufficient water supplies X available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? 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 tothe provider's existing commitments? f) Be served by a landfill with sufficient X permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, & local X solid waste statutes and regulations? li � I I I W rinini 31= 111 111 1 AM= = KV1. a)-g) Adoption of the Housing Element Update will have no impact on utilities. Individu— projects will be required to comply with the City's requirements for sanitary sew • and • waste disposal. The City will impose its standard requiremen-1 relating to storm water, including compliance with NPDES standards. In 11-11111 Terra Nova/City of La Quinta General Plan Amendment GPA 2013-125 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVIL MANDATORY FINDINGS OF SIGNIFICANCE -- X 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, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered It or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to X achieve short-term, to the disadvantage of long-tenn environmental goals? X c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively consider- able" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? d) Does the project have environmental X effects, which will cause substantial adverse effects on human beings, either directly or indirectly? Sources: La Quinta General Plan and Draft Environmental Impact Report. XVIL a)-d) The adoption of the Housing Element Update will have no impact on biological or cultural resources. The Housing Element proposes no changes in land use, and is therefore consistent with the General Plan in terms of future development potential and long to goals forte community. Each individual project will be reviewed under CEQA to assure that any potential impacts on people are reduced to less than significant levels. M 11-1110 Dflip, RESOLUTION 2013 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF A GENERAL PLAN AMENDMENT UPDATING THE HOUSING ELEMENT CASE NO.: GENERAL PLAN AMENDMENT 2013-125 APPLICANT: CITY OF LA QUINTA WHEREAS, the City Council of the City of La Quinta, California did, on the 1 9tn day of November, 2013, hold a duly noticed public hearing to consider the Planning Commission recommendation on General Plan Amendment 2013-125, prepared to implement the 2014-2021 La Quinta Housing Element Update (hereinafter, and, WHEREAS, the Planning Commission of the City of La Quinta did, on the 22" day of October, 2013, hold a duly noticed Public Hearing to consider the proposed General Plan Amendment for the 2014-2021 La Quinta Housing Element Update; and, WHEREAS, subsequent to said Public Hearing, the Planning Commission of the City of La Quinta did, on the 22nd day of October, 2013, adopt Planning Commission Resolution 2013-023 to recommend that to the City Council adoption of said General Plan Amendment; and, WHEREAS, the City Council of the City of La Quinta, California did, on the 2nd day of August, 2011, adopt Resolution 201 1-074, approving the 2006-2014 La Quinta General Plan Housing Element Update for the City, pursuant to Sections 65580 et seq. of the California Planning and Zoning Law; and, WHEREAS, it is recognized that said General Plan Housing Element, being the current effective Housing Element for the City, requires revision and update to assure compliance with current State laws and regulations under Housing Element Law, Government Code § § 65580-65589.8; and, WHEREAS, the Housing Element contains an updated assessment of housing needs and an inventory of resources and constraints to meet those needs as required by Section 65583(a) of the Government Code; and, WHEREAS, the Housing Element contains a statement of the community's goals, quantified objectives, and policies to achieve the objectives of the element as required by Section 65583(b) of the Government Code; and, WHEREAS, the Housing Element contains a program which sets forth an annualized schedule of actions to implement the policies and achieve the objectives of ['Y1fl Resolution 2013 - General Plan Amendment 2013-125 2014-2021 La Quinta Housing Element Update Adopted: November 19, 2013 Page 2 said Element as required by Section 65583 (b) of the Government Code; and, WHEREAS, the City's unique population characteristics, economic conditions, housing conditions, and residential density objectives were considered in the preparation of the Element; and, WHEREAS, the Housing Element has been submitted to the Department of Housing and Community Development for review and comment; and, WHEREAS, the City has considered the findings made by the Department of Housing and Community Development and other entities and persons that have provided written and oral comment to the City; and, WHEREAS, the Department of Housing and Community Development did, on September 16, 2013, issue a letter to the City determining that the Housing Element complies with State law; and, WHEREAS, said General Plan Amendment has complied with the requirements of The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that the Community Development Department has conducted an Initial Study (Environmental Assessment 2013-631), and determined that the Element will not have a significant impact on the environment and a Negative Declaration of environmental impact is recommended for certification; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, the La Quinta City Council did make the following mandatory findings to justify adoption of said General Plan Amendment to implement the Housing Element: 1 . The General Plan Housing Element update is internally consistent and consistent with the other elements of the General Plan, and reflects updated information regarding the City's current and anticipated conditions. The General Plan Housing Element is compatible with land use designations in the Land Use Element and other elements of the General Plan. 2. The General Plan Housing Element update will not create conditions materially detrimental to the public health, safety, and welfare in that the resulting programs and policies are designed to improve the preservation and development of housing resources. NxoE. Resolution 2013 - General Plan Amendment 2013-125 2014-2021 La Quinta Housing Element Update Adopted: November 19, 2013 Page 3 3. The General Plan Housing Element update addresses changes in specific circumstances and changes in general conditions since the adoption of the previous Housing Element, as well as changes in State housing law. 4. The City is required by State law to update its Housing Element on an approximately eight -year cycle and the General Plan Housing Element update has complied with this mandate. 5. The City has considered all comments made by the California Department of Housing and Community Development and has made revisions to the draft Element in response to the comments received from said Department of Housing and Community Development. 6. The City has complied with S1318 consultation requirements under CGC Section 65352.3 with respect to notification of Native American Tribal Organizations, as identified on the Tribal Consultation List provided by the Native American Heritage Commission, with no Tribal Organizations having requested consultation. 7. The General Plan Housing Element substantially complies with the provisions of California's Planning and Zoning Law, as codified under California Government Code sections 65580 et seq. 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 in regard to this General Plan Amendment; SECTION 2. That it does hereby adopt the above -described General Plan Amendment, incorporating the 2014-2021 La Quinta Housing Element update (Exhibit "A"), for the reasons set forth in this Resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 1 9t" day of November, 2013, by the following vote: AYES: NOES: Resolution 2013 - General Plan Amendment 2013-125 2014-2021 La Quinta Housing Element Update Adopted: November 19, 2013 Page 4 ABSENT: 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 F'Ydt EXH I BIT "A" TO GPA CC RESOLUTION: 2014-2021 LA QUINTA HOUSING ELEMENT UPDATE FINAL DRAFT REVIEW DOCUMENT; DATED 9/28/13 PREVIOUSLY DISTRIBUTED TO CITY COUNCIL UNDER SEPARATE COVER (TO BE ATTACHED WITH FINAL SIGNED RESOLUTION) 11-151 F1V - I D .8 01tv-1XV-10t a j 0 MUSIFAIRMISM DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMEAT DIVISION OF HOUSING POLICY DEVELOPMENT 2020 W. El Camino Avenue, Suite 500 ATTACHMENT # 1 Sacramento, CA 95833 (916) 263-2911 / FAX (916) 263-7453 www.hcd.ca.gov fir If - Mr. Les Johnson Planning Director City of La Quinta P.O. Box 1504 La Quinta, CA 92247-1504 CIW OF Leck QUINTA PLANNING nEPARTMENI' Thank you for submitting the City of La Quinta's draft housing element update received for review on July 19, 2013, along with additional revisions received on August 28, September 11 and September 13, 2013. Pursuant to Government Code (GC) Section 65585(b), the Department is reporting the results of its review. A telephone conversation on August 20, 2013 with you, David Sawyer and Wally Nesbit, of your staff, 2nd Nicole Sauviat-Criste, the City's consultant, facilitated the review. The draft element meets the statutory requirements of State housing element law. The element will comply with State housing element law (Article 10.6 of the GC) when adoptei and submitted to the Department, pursuant to GC Section 65585(g). The Department commends La Quinta on the rehabilitation and expansion of the Washington Street Apartments and for securing funding for the Coral Mountain Apartments which will provide 174 new units for lower -income families and workers. In addition, the City's successful implementation of programs H.1.2.a and H.1.5.b (4 th cycle housing element) resulting in the adoption of an Affordable Housing Overlay will provide needs for lower- and moderate -income households. 11-191 'Mr. Johnscs Page 2 S Sincer#ly, njifer Seeg&d sing Policy Manager cc: Nicole Sauviat-Criste, Terra Nova ATTACHMENT # 2 PLANNING COMMISSION MINUTES TUESDAY, OCTOBER 22, 2013 CALL TO ORDER A regular meeting of the La Quinta Planning Commission was called to order at 7:04 p.m. by Chairperson Barrows. PRESENT: Commissioners Blum, Weber, Wilkinson, Vice Chair Wright, and Chairperson Barrows ABSENT: None STAFF PRESENT: Community Development Director Les Johnson,Planning Manager David Sawyer, Principal Engineer Ed Wimmer, Principal Planner Wally Nesbit, Consultant Planner Nicole Criste, and Secretary Monika Radeva Commissioner Blum led the Commi PUBLIC COMMENT - None CONFIRMATION OF AGENDA - Col APPROVAL OF MINUTES glance. Motion - A motion was made and seconded by Commissioners Wright/Blum to approve the Planning Commission Minutes of October 8, 2013, as submitted. Motion passed unanimously. PUBLIC HEARINGS 1. Specific Plan 2003-067, Amendment No. 3, requesting to relocate and expand the size of the proposed golf clubhouse and review of Site Development Permit 2013-927 to allow the construction of the golf clubhouse. Applicant: Coral Option I, LLC. Location: within the existing Andalusia at Coral Mountain — 58- 830 Marbella, La Quinta. Consultant Planner Nicole Criste presented the staff report, a copy of which is on file in the Community Development Department. PLANNING COMMISSION MINUTES 1 OCTOBER 22, 2013 6'3i16i Chairperson Barrows declared the PUBLIC HEARNG OPEN at 7:14 p.m. Mr. Nolan Sparks, Operations Manager with T.D. Desert Development, L.P., La Quinta, CA — introduced himself, gave a brief description of the project, and answered the Commission's questions. Mr. Rob Parker, PLA, ASLA, Design Principal with RGA Landscape Architects, Inc., Palm Desert, CA — introduced himself and answered the Commission's questions. Public Speaker: None Chairperson Barrows declared the PUBLIC HEARING CLOSED at 7:21 p.m. Motion — A motion was made and seconded by Commissioners Wilkinson/Weber to adopt Resolution 2013-020 recommending approval of Specific Plan 2003- 067, Amendment No. 3, as submitted with staff's recommended conditions of approval. Motion passed unanimously. Motion — A motion was made and seconded by Commissioners Wilkinson/Wright to adopt Resolution 2013-021 recommending approval of Site Development Permit 2013-927 as submitted with staff's recommended conditions of approval. Motion passed unanimously. 2. Environmental Assessment 2013-631 and General Plan Amendment 2013-125 submitted by the City of Le Quinta for the review of the 2014-2021 La Quinta Housing Element'. Location: city-wide. Principal Planner Wally Nesbit presented the staff report, a copy of which is on file in the Community Development Department. Chairperson Barrows declared the PUBLIC HEARNG OPEN at 7:52 p.m. Public Speaker: No Chairperson Barrows declared the PUBLIC HEARING CLOSED at 7:52 p.m. Motion — A motion was made and seconded by Commissioners Wright/Blum to adopt Resolution 2013-022 recommending approval of Environmental Assessment 2013-631 as submitted with staff's recommendations. AYES: Commissioners Blum, Weber, Vice Chair Wright, and Chairperson Barrows. NOES: Commission Wilkinson. ABSENT: None. ABSTAIN: None. PLANNING COMMISSION MINUTES 2 OCTOBER 22, 2013 F'1G: Motion — A motion was made and seconded by Commissioners Wright/Blum to adopt Resolution 2013-023 recommending approval of General Plan Amendment 2013-125 as submitted with staff's recommendations. AYES: Commissioners Blum, Weber, Vice Chair Wright, and Chairperson Barrows. NOES: Commission Wilkinson. ABSENT: None. ABSTAIN: None. BUSINESS SESSION — None CORRESPONDENCE AND WRITTEN MATERIAL — None COMMISSIONER ITEMS 1 . Report on City Council meetings of October 15, 2013. 2. Staff said the City Council meeting of next City Council meeting is schedule( Barrows is scheduled to attend. DIRECTOR'S ITEMS amber 5, 2013 will be cancelled. The November 19, 2013 and Chairperson 1. A joint meeting between the Planning Commission and the Architectural and Landscaping Review Board has been tentatively, scheduled for November 12, 2013 at 6:00 p.m. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Blum/Wright to adjourn this meeting at 8:00 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, Secretary City of La Quinta, California PLANNING COMMISSION MINUTES 3 OCTOBER 22, 2013 11.1VA F1E: ATTACHMENT # 3 LA QUINTA HOUSING COMMISSION MINUTES TUESDAY, NOVEMBER 6, 2013 CALL TO ORDER A special meeting of the La Quinta Housing Commission 6:00 p.m. by Chairperson Leidner. PRESENT: Commissioners McDonough, Long, a called to order at airperson Leidner ABSENT: Commissioner Ryser STAFF PRESENT: Community Development Director Les John Planner Nicole Criste, Housing Coordinator Secretary Monika Radeva Commissioner Long led the Com PUBLIC COMMENT — None. CONFIRMATION OF AGENDA — Confi APPROVAL OF MINUTES in the Pledge of Allegiance. Consultant a Triplett, Motion — A motion was made by Commissioners McDonough/Leidner to approve the Housing Commission Minutes of October 23, 2012, as submitted. AYES: Commissioners McDonough and Leidner. NOES: None. ABSENT: Commissioner Ryser. ABSTAIN: Commissioner Long. BUSINESS SESSION 1 . 2014 — 2021 La Quinta Housing Element Update Community Development Director Les Johnson presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff informed the Commission that no vote was required for this item. The Commission did not take any action. HOUSING COMMISSION SPECIAL MEETING 1 NOVEMBER 6, 2013 619 REPORTS AND INFORMATIONAL ITEMS 1 . Status Update on City Housing Programs Community Development Director Johnson presented the information contained in the staff report, a copy of which is on file in the Community Development Department. COMMISSIONER ITEMS — None DIRECTOR ITEMS — None ADJOURNMENT There being no further business, it was moved by Commissioners Long/McDonough to adjourn this meeting at 7:04 p.m. AYES: Commissioners McDonough, Long, and Chairperson Leidner. NOES: None. ABSENT: Commissioner Long. ABSTAIN: None. Respectfully submitted, MONIKA RADEVA, Secretary City of La Quinta, California HOUSING COMMISSION SPECIAL MEETING 2 NOVEMBER 6, 2013 11-P r1�fY�2o1.3 �AmcIC � ,� t��tit�fj�:►1�.. �-v 3111 E. Tahquitz Canyon Way Palm Springs, CA 92262 p:(760) 340-1575 f: (760) 548-0370 w: CViHub.com ADVANCED MANUFACTURING INNOVATION HUB FACT SHEET DEFINITION Advanced Manufacturing is defined as the use of technology and science to improve a manufacturing product or process. This makes most 21n century manufacturing "advanced." DELIVERABLES The deliverables for Phase 1 of the Advanced Manufacturing Innovation Hub are: 1. A GIS-based economic development tool customized for the Coachella Valley by a Project Partner - the University of Redlands — whose partnership with ESRI, a global GIS leader, is critical. Redlands will develop the GIS model specifically for the Coachella Valley along with a GIS-Coordinator hired for this project. This Coachella Valley GIS model and the GIS Coordinator position will continue beyond the planning grant stage and become an on- going tool available to all CV i-Hub partners. 2. A Strategic (implementation -ready) Plan will be developed using the Coachella Valley GIS model to do the following: - evaluate identified industry cluster opportunities in agribusiness; renewable and environmental technologies; medical and healthcare devices; specialty automotive; logistics; defense and security; and, other emerging clusters in the Valley. - assess potential incubation and accelerator facilities for these industry clusters offered by Project Partners; - provide recommendations for career technical education programs to support Advanced Manufacturing in targeted industry clusters: - develop an international trade and export plan for Advanced Manufacturing products; - identify needed public infrastructure to support an Advanced Manufacturing Center; PALM SPRINGS CATHEDRAL CITY DESERT HOT SPRINGS 3111 E. Tahquitz Canyon Way A Palm Springs, CA 92262 p:(760) 340-1575 f: (760) 548-0370 w: CViHub.com - develop strategies for private sector investment in an Advanced Manufacturing Center and its companies; - develop strategies to provide for local match for IMCP Phase 2 implementation grant and an oversight structure; - provide a business operation plan for the Coachella Valley Innovation Hub Accelerator Network; - The Coachella Valley Strategic Advanced Manufacturing Plan will be submitted by September 30, 2014 to the EDA for Phase 2 "Investing in Manufacturing Communities Partnership (IMCP) implementation grant. PROJECT COST BREAKDOWN The cost breakdown for the project is as follows: EDA Funding •, Development of CV GIS Model —University of Redlands $90K • GIS Coordinator —Year 1 $70K • Office Space/Overhead $40K Total $200K Local Match • CVEP Staff Resources $110K • GIS Coordinator —Year 2 $ 70K • Consulting $ 20K ✓ Trade and Export Plan ✓ Phase 2 Match and Oversight Structure PALM S PR ING S CATHEDRAL CITY DESERT HOT SPRINGS 3111 E. Tahquitz Canyon Way Palm Springs, CA 92262 p:(760) 340-1575 £ (760) 548-0370 w: CViHub.com PROJECT SCHEDULE • 12/31 —Secure funding commitments from local match partners • 12/31—Recruit/hireGIS Coordinator • 12/31—Local Partner Advisory Committee formed • 1/31— First EA Workshop for Partner Advisory Committee • 3/31— EA completes customized CV GIS Model • 8/31 —Develop i-Hub/Accelerator Strategic Plan • 9/30 —Formation of local Partner oversight structure • 9/30—Strategic Advanced Manufacturing Plan submitted to EDA • 12/31— EDA implementation grant secured POTENTIAL LOCAL PARTNERS • City of La Quinta • City of Indio • City of Coachella • City of Palm Desert • County of Riverside • Imperial Irrigation District PALM SPRINGS CAT HE D RA L C I T Y DESERT HOT SPRINGS iThe.nesert.Surt_17h W011 Copy Reduced to d/pd°k%a from original'to Af teller page Y8g¢—tw— rSilicon-Sp -rings-startup ilea -wing fhe-iHub=nest By K Krafrrrenrr s .In PALM SPtl1NGS— A hightech compa- ny at the Coachella Valley iHub hav made the leap tram using free office Waco at the green business incubator in Palm Springs to leasing commercial digs in Pelm Desert — the first fledg- ling business to goom on its own "When I started this, I thought we would have a 11-18 month runway bb fore we were out of start-up," said Len Kapner, chairman and CEO of Silicon partners no the venture —now la at 74210 Highway III — include name,istocri businesses, a IF YOU GO Whet Desert Texh Men -up When: 530.,in Monday se Rao[h. W-0W Highway 11:. India InMns imc www.sirmnsphni met Valley. in the Palm Springs re - the Palm Springs to highlight man's Kennedy connection cq a[.w.— PALM "WGS— Palm Springs offi- cials will show a video next week high. lighting the experiences of resident Charles De, whobbelievedtobethe last persits alive who was aboard Air Force One the day President John F. Kennedy was assassinated 54) years ago. The video — or interview of Dunn by Patin Springs City Manager David Ready —will be shown at Wednesdays 6 p.m. City Council meeting, during which Du= will be given a certificate of recognition. Du m was ]I when Ken- nedy was fatally shot in Dallas on Nov. U. fiiM. During the interview. On. dis- cusses his memories war" as Atyy- ist for Kervedy's excessive assistant, Evelyn Lincoln, he the Oval Office. He was a 19-year-old Lamming slate Office, ing champion when he started working at the White House he I%I, according to city spokeswoman Amy Blaisdell. "Fluor also Wks about his interac- tions with the president and Mrs. Ken- nedy, and what it was like to be. Air Force One the day of the assassination, when the staff found out the awful news that the president bad been killed," Blaisdell sail. The interview cars also be viewed on Time Warner Cable channel let or at —palmospringsra.gov. Ace Hotel chain founder mourned By Skip Derma rn. oxx[w. PUBLIC SAFETY BRIEFS Officer responding to call injured Invehiclecollision W QUINTA—A police officer on his waytoacall Saturday night was involved in a traffic collision at the intersection of Highway Ill and Washington Street. The officer was driving west on High- way 111 shortly after 10 p m., with emer- gency fights Bashing, while responding to a call for back-up assistance near the Cliff House resmuraat, police Lt. David Walton said Sunday afternoon in a news release. The officer's car entered the Wash- ington Street intersection against a red traffic light and collided with a Ford Ranger pickup heading south on Wash - unglue Street, Walton said. Bob vehicles sustained major dam- age and were towed from the wane. The driver and passenger in the pickup were not injured, he said. The officer, whose name was no re. leased, complained of pain to his knees and was taken by ambulance to John F Kennedy Memorial Hospital in Indio where he was treated and later released, Walt. mid. Cause of the crash is order investiga. tion of the California Highway Patrol. sham Barkaa Suspect in to Quints bank heist arrested in Yucca Valley Wm VALLEY—Polccfromthe Mo iffs Station responded to the incident and Identified the suspect. Ghaemmaghami was transported to the Riverside County jail in Indio and booked for armed robb nery 1 CORNERSTONE Drn[i stry Caldem it grew up m Seattle, where in IM he " �.( opened Rudys, a harber- shnpwhere guys could Het a fashionable haircut N a sell ing that may roue been <' more Flan market than sa- Udersvaod Ion. There are now 10 Ro. Tm1 way as tittle. A male suspect entered the bank and approached a teller W about 190p cording to police. The suspect said he had a gun and demanded money. He[hen Bed the area with en uMisclosed amount of money. There were an injuries. Romaasawher Neardrovining of 16y neacld child in pool ruled a s accident Group claims credit fur hack of valley restaurant website The website of a Palm Springs restau- me t was hacked on Sunday morning by a group clahning multiple ether site de- facements. A group calling themselves Dowen To Adicts claimed resp.sibility for the attack, which replaced the restaurant's usual site content with an enli-President Obama image and pro -Syria text. The website was returned to normal by early Sundayaflervaan. Thegroupchumingresporuibitityhss a Facebook page that appears to list oth- er domains they have compromised, in - eluding other dommeas in the United States and in Room. The Palm Springs Police Department did not receive any calls related to the maser. and the Las Angeles field office of the FBI declined to comment. Smf/reports GENERATION OF IMPLANTS 999 www,w. ax: ,.k.am,axamY;p Y 1a,A eq pxba. xxnamd pxegnm� rx Om aItd l�mY xawnm ey NYM9w etlw G^�awwlp J.. . llr.cN m adaaD)Krpn Copyright 0 2013, The Desert Sun. All rights reserved. Use of this site signifies your agreemenNoMeUbrtft9gtSlfagftmrOdNPm sm'dloiEFN1p1101 1t� ALI ORN L® 0 CITIES November 13, 2013 1400 K Street, Suite 400 • Sacramento, California 95814 Phone: 916.658.8200 Fax: 916.658.8240 www.cacities.org To: Members of the California State Legislature From: Dan Carrigg, Legislative Director, LCC Re: League 2013 Legislative Vote Records on Key City Bills Please find enclosed a copy of the League of California Cities vote record report on key city bills for the 2013 legislative session. In 2013, the League focused on sponsoring and supporting legislation to help develop new community and economic development tools and funding options for city services. These efforts included proposals developed by the League's 2012 Task Force on the Next Generation of Economic Development Tools and legislation focused on addressing issues with redevelopment dissolution, affordable housing, and infrastructure development. Several helpful bills made it through the process and were signed into law, but many proposals for new tools and resources stalled or were held back from the Governor's desk. On other fronts, it was another busy year for defending local control on measures that would undercut local authority and revenues. The League compiled the votes on floor actions for 14 bills important to cities during the 2013 session. These bills have been organized into subgroups focusing on economic development and local control. The votes for each subgroup are reflected then combined into a final percentage. The League also provided special thanks and recognition in the report for a number of members who authored important bills or provided other critical assistance to the League during the legislative year. Members receiving such recognition are identified by a "SP.REC" sign next to the final vote percentage. City officials are by nature problem solvers more interested in improving their respective communities than rehashing the past. They want to move forward. California cities are home to over 83% of the state's population and serve as its primary centers of commerce and civic life. Our state faces many challenges with its infrastructure, transportation, affordable housing and urban revitalization needs that must be addressed to restore its economic prosperity, combat climate change and provide quality and sustainable services. Both the state and cities play vital roles in serving the people of California, and we simply can't do it without each other. City leaders and the League welcome a dialogue with you in 2014 about how we can better collaborate to serve the people of California and our cities. Strong and vibrant cities serve as the foundation for a prosperous state. We welcome the chance to work with you in partnership to move California, its cities and it residents forward. Thank you for your public service. Please let me know if you have any questions about this report. can be reached at (916) 658-8222 or carriggdacacities.org. 2013 Legislative Vote Records on Key City Bills The 2013 Legislative Session was highlighted by the improvement in state budget conditions after the passage of Proposition 30, a Democrat supermajority and the entry into the legislature of many new members influenced by the top -two primary with the opportunity to serve up to 12 years in one house. Cities continued to face local budget challenges and the aftemnath of redevelopment elimination. The League supported many economic development measures that would address various aspects of redevelopment dissolution including proposals which would assist in the development on new infmstruchue and affordable housing. The League also opposed measures which would erode local authority and flexibility. The League compiled the final floor actions on 14 bills important to cities during the 2013 session. These bills have been organized into subgroups focusing on economic development and local control. Votes consistent with the League's position are marked with a "+"sign, and those counter to the League's position are marked with a "-"sign. Abstentions, which can be important, are reflected with either "NV+" or "NW'sign. Absences are noted with an "ABS" sign. Several members were assigned an incomplete "INC" because they missed many listed votes due to being elected to other offices during the year or illness. The League also provided special thanks and recognition (detailed below) for a number of members who authored important bills or provided other critical assistance to the League during the legislative year. Members receiving such recognition are identified by a "SP.REC" sign next to the final vote percentage. Some Comments and Cautions on Vote Records: 1) The most powerful tool a legislator has is their vote and they should be held accountable for them. Legislators that score well should be thanked for their efforts and attention to city issues. Yet the challenge with vote records is that a sampling of legislative floor votes does not always provide the full story. The League took action on many bills that are not on this list. Some bills were stopped in committees; others were amended to remove concerns. A legislator may have helped in committee or in behind -the -scenes efforts to secure a helpful amendment or broker a compromise. A legislator may have sponsored legislation or voted on other measures important to their city not reflected in this listing. The League has highlighted other actions by providing special recognitions. 2) Keep the relative importance of these bills and how they affect your community in mind. For some cities a vote on enterprise zone elimination, undercut their charter city authority, or address redevelopment dissolution may outweigh most other bills on the list. There also may be bills important to your city that are not on this list. 3) Protecting local control and revenue in the legislature usually means opposing or seeking amendments on bills backed by powerful interests. Thus "No" votes and abstentions on bills the League is opposed to should often carry more weight. 4) All except one of the bills on this list are authored by Democrats. The budget can be passed by a simple majority and the Democrats have a numerical majority on all committees. Few Republican -authored bills make it through the process. Most bills on the list only required a majority vote. Democrats have 28 out of 40 seats in the Senate and 55 out of 80 seats in the Assembly. This means that the Democrat majority can pass bills without needing Republican votes. It also means that not all Democrats need to vote for bills. 5) In several instances a vote in only one house is reflected, because the measure was either stopped by that vote on the floor, amendments were secured prior to the floor vote in the second house, or in the two-year session the bill has not yet been voted upon in the second house. Special Legislative Thanks and Recognitions: In the Assembly: • Assembly Members Katcho Achadjian and Marc Levine deserve special thanks for their bi- partisan leadership on the Assembly Local Government Committee and rigorous review of legislation for impacts on local government; they held the line on many bills by either stopping them in committee or insisting upon amendments to preserve local authority. Mr. Levine emerged as a vocal leader on local control issues among his Democrat colleagues who forth a majority of committee's membership. • Assembly Member Alejo worked closely with the League in his authorship of AB 1080, a measure that would restore redevelopment authority for disadvantaged communities. While the League strongly opposed early versions of his AB 325, we appreciated his efforts to work to reach a negotiated solution prior to the bill being heard on the Senate Floor. • Assembly Republican Leader, Connie Conway, and the members of her Republican Caucus, for their staunch support for local control demonstrated in committee and floor votes throughout the year. • Numerous Assembly Members carried bills supported or sponsored by the League to address various aspects of redevelopment dissolution: Assembly Member Mullin authored League - sponsored AB 564 focused on limiting future uncertainty from cities receiving a DOF finding of completion. Assembly Member Richard Bloom authored AB 981 which would allow proceeds from post-2011 RDA bonds to be expended for projects. Assembly Member Chris Holden authored AB 294, which would allow the State Infrastructure Bank to invest tax increment from the school share of property taxes in projects that matched state and regional goals. Assembly Member Mike Gatto carried AB 440 to restore `Polanco Act' browntield remediation authority to cities and counties. Assembly Member V. Manuel Perez authored AB 305, which would assist economic development in disadvantaged areas with a California New Markets Tax Credit. • Assembly Member Toni Atkins authored AB 1229 to restore local authority for inclusionary zoning. She also continued to attempt to resolve redevelopment dissolution interpretation issues affecting affordable housing and other projects with the Department of Finance, and led an internal group of legislators in an effort to develop new tools and solutions. • Assembly Speaker John A. Perez authored AB 639, which will place before the voters a measure to provide more flexibility for $600 million in unused veterans housing bond authority. Assembly Member Jimmy Gomez via his AB 1147, worked closely with the League to delve into emerging problems with massage establishments, and discussions will continue next year. Assembly Member Bonnie Lowenthal, with AB 574, and Richard Gordon, with AB 416, worked with the League and other local agencies on measures to allow local agencies to access Cap and Trade revenues. Assembly Member Diane Harkey helped fix a glitch in the local elections process by carrying League -sponsored AB 1316. Assembly Member Marie Waldron with AB 20 helped advance protections against child pornography advocated for in a 2012 League' annual conference resolution. Assembly Member Susan Talamantes Eggman authored AB 748 to preserve local tax dollars by ensuring current interest rates were applied on judgments owed by public agencies. Assembly Member Al Muratsuchi was the lone Democrat to not vote in policy committee for the early version of SB 594 (Hill), which would have undercut the League's and other non-profit organization's ability to advocate on ballot measures. In the Senate: 0 Senator Lois Wolk continued efforts to make Infrastructure Financing District law into a useful tool through her authorship of SB 33. Also appreciated is her assistance with amendments to improve AB 562 (Williams), her resistance to interfering with local land use and contracting authority by holding AB 667 and AB 1333 in the Senate Governance and Finance Committee, and providing a "No" vote on SB 673 that helped stop it on the Senate Floor. • Senators Richard Roth and Bill Emmerson for their efforts, via SB 56 and other means, to assist communities harmed and the future negative policy impacts of SB 89 of 2011, which swept city shares of vehicle license fees from cities. Senator Jerry Hill helped address a problem with advertising displays in former redevelopment areas through his authorship of League -sponsored SB 684. Senator Hannah -Beth Jackson helped secure helpful changes to mobilehome park conversion laws with SB 510. • Senate Republican Leader Bob Huff for his consistent support, along with members of his caucus, with their votes for the principle of local control. • Senator Rod Wright for his authorship of League -supported SB 470, which provides additional flexibility for property disposal. Senator Wright is also commended for continuing to remind his colleagues, on behalf of impoverished areas and individuals, of both the negative consequences of redevelopment dissolution on urban areas, and eloquent opposition to enterprise zone elimination. • Senator Mark DeSaulnier for his leadership in crafting SB 391, which would provide an annual allocation of approximately $500 million for affordable housing funds. • Senators Fran Pavley and Ben Hueso for working to encourage a negotiated solution to AB 325 in the Senate, supporting AB 1229, and helping stop SB 673 on the Senate Floor. Senator Norma Torres for casting tough floor votes consistent with the League's positions for AB 1229, and against SB 7 and SB 673. Ways to Use This Document: 1) Have a conversation with your legislator about the 2013 Session, and include the vote record as part of that conversation. 2) If your legislator has a good record on local control, thank them. They deserve it. 3) If your legislator's vote record is weak, ask them why. Members often try to find ways of helping while avoiding bucking leadership or a powerful sponsor. Ask your legislator what else you should take into account. 4) Evaluate the conversation. Is there a reliable commitment for a continued or improved level of responsiveness to their city's issues? 5) For elected city officials that provide legislative endorsements consider whether or not the legislator merits your support. With the top -two primary, these endorsements are more valuable than ever. Legislation Included on League 2013 Vote Record AB 93 (Budget Committee). Enterprise Zone Elimination. League Position: Oppose (Senate and Assembly Floor Vote) This budget trailer bill eliminated the state's enterprise zone program, which was an important tool to attract businesses and create jobs in impoverished areas. This program was replaced with three alternatives: a statewide sales tax exemption for purchase of manufacturing equipment, an allocation of funds for the state's GO BIZ Program, and an alternative hiring tax credit program focused on higher- wagejobs. While it can be argued that these alternative programs support statewide economic activity, many communities with enterprise zones are unlikely to similarly benefit from these new programs. Signed by Governor. AB 325 (Alejo). Land Use and Planning: Cause of Actions: Time Limitations League Position: Oppose (Assembly vote) The version of this measure voted on the Assembly Floor on 5/31/13 extended the statute of limitations to challenge lawfully -adopted housing elements from the current one year and 150 days to over four years. The League opposed this measure due to the lengthy exposure of cities to litigation. Later in the legislative session, prior to the bill being heard on the Senate Floor, the League and other local government organizations reached a compromise with the author and sponsors. The League was Neutral on the final version of this measure that passed both houses in September. Signed by Governor. AB 440 (Gatto). Brownfield Remediation League Position: Support (Senate and Assembly Floor Vote) This measure grants cities, counties and housing authorities the power to access the `Polanco Act' brownfield remediation tool that was suspended with the elimination of redevelopment. This law provides for the expedited removal of hazardous substances from existing urban parcels, in accordance with state - approved clean-up plans. Signed by Governor. AB 537 (Bonta). Meyers-Milias Brown Act. Impasse Procedures League Position: Oppose, Unless Amended (Senate and Assembly Floor Vote) This measure in final form imposed several practical procedural and implementation problems for local agencies by changing the process for accepting "tentative agreements" in collective bargaining and expanding the authority of arbitrators to rule on procedural defenses. Signed by Governor. AB 564 (Mullin) Local Certainty. Finding of Completion League Position: Support (Senate and Assembly Floor Vote) This measure would prohibit the Department of Finance, after an initial review, from altering or reversing actions taken by local agencies to obtain repayment of city -agency loans, access pre-2011 loans and other benefits after receiving a finding of completion. Vetoed by Governor. AB 667 (Hernandez). Stores Over 90,000 sq. ft. with 10,000 sq. ft. Selling Groceries. League Position: Oppose (Assembly Floor Vote) This measure would have singled out specific retailers (over 90,000 sq. ft. with 10,000 sq. ft. selling groceries) for an exhaustive economic impact report that would have increased litigation and made it very difficult to approve stores meeting these characteristics. The League opposed this measure due to its interference with local land use decisions. The measure was later held in the Senate Governance and Finance Committee. AB 792 (Mullin). Utility User Tax: Exemption. League Position: Oppose (Senate and Assembly Floor Vote) This measure exempted from a municipal utility users tax ([JUT) the consumption of electricity generated by a clean energy resource until January 1, 2020, for use by a single customer. The League opposed this measure due to potential impacts on local decision -making and revenue. Signed by Governor. AB 1080 (Alejo). Community Revitalization and Investment Authorities. League Position: Support (Assembly Floor Vote) This measure would have restored a form of redevelopment authority to local agencies focused on deteriorated and poor urban areas. Held in Senate Appropriations. AB 1229 (Atkins). Land Use: Zoning Regulations. League Position: Support (Senate and Assembly Floor Vote) This measure would restore local authority for inclusionary ordinances for rental housing. Vetoed by Governor. AB 1316 (Harkey). Election Ballots. Identical Candidate Names. League Position: Support (Senate and Assembly Floor Vote) This League -sponsored measure provides clarifications for addressing ballot measures for candidates with identical names. Signed by Governor. AB 1373 (Wrez). Worker's Compensation. Public Safety Officers. League Position: Oppose (Senate and Assembly Floor Vote) This measure would significantly increase local costs by doubling the statute of limitations from 240 weeks to 480 weeks for a presumptive death benefit claim for cancer, tuberculosis, or MRSA to be filed on behalf of a firefighter or peace officer. Vetoed by Governor. SB 7 (Steinberg and Cannella). Charter Cities: Removal of State Funding for Local Public Works. League Position: Oppose (Senate and Assembly Floor Vote) This measure would remove all state construction funding from charter cites operating under Constitutional flexibility for municipal affairs if they approve local projects paid for by local funds but fail to impose the payment of prevailing wages. Signed by Governor. SB 33 (Wolk). Infrastructure Financing Districts. League Position: Support (Senate Floor Vote) This measure, drafted with League assistance, would accomplish a long -needed rewrite of existing Infrastructure Financing Districts Law which will enable tax increment to assist with the financing with a wide variety of local infrastructure. This bill passed the Senate, but was not taken up on the Assembly Floor, and can be pursued in 2014. SB 311 (Padilla). Local Elections. Charter and Charter Proposals. League Position: Oppose (Senate and Assembly Floor Vote) This measure removes flexibility for charter cities by requiring all labor -related city charter proposals and city charter amendments to be submitted to the voters only at a statewide general election. Signed by Governor. SB 391(DeSaulnier): Affordable Housing Funding. League Position: Support (Senate Floor Vote) This measure would generate approximately $500 million annually for affordable housing via a tax on various real estate transfer documents. Held in Assembly Appropriations. SB 673 (DeSaulnier): Retail and Commercial Facilities. League Position: Oppose (Senate Floor Vote) This measure would create unnecessary delays and litigation by imposing an exhaustive analysis upon any commercial development if the project benefits substantially from any financial assistance a state or federal grant, low -interest loan, land donation or acquisition, remediation or environmental cleanup activity. Failed Passage on Senate Floor. SB 684 (Hill). Redevelopment Signs. League Position: Support (Senate and Assembly Floor Vote) This League -sponsored measure clarifies that existing advertising displays in redevelopment areas can continue to exist, if an extension is requested by the affected city or county. Signed by Governor. -Ij G c 93 . . i ildk-, ��Jl IS % S; 92� IT Pi > + + . . . . . . . . . . 0 z . . . . . . . . . . . . . . . + Z 041 Ji. :�, $ Z + z + + + z + + z d - � - I +� - � + . 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Cr C =r m m A LOA n 9 LEAGUE OF CALIFOKNIA 1400 K Street Suite 400 * Sacramento, California 95814 CITIES Phone: 916.658.8200 Fax: 916.658.8240 www.cacities.org 2014 LEAGUE STRATEGIC GOALS Meeting in joint session November 7 - 8, 2013 the officers and directors of the divisions, departments, diversity caucuses, policy committees and board of directors of the League of California Cities adopted the following strategic goals for 2014:1 1. Provide New Options for Infrastructure Investment and Economic Development. Advocate for new tools, authority and funding to enable increased investment in state and local infrastructure and economic development to support expanded job growth and economic opportunity for all Californians. 2. Expand Reform of Pension and Other Post -Employment Benefits (OPEB) Policies to Better Contain Long -Term Costs. Build on recent pension reforms and urge the adoption of additional measures to contain and manage the long-term growth of pension and OPEB costs, ensure the sustainability of these employee benefits, and protect the capacity of cities to adequately fund vital public safety and other community services. 3. Build Effective Partnerships to Help Respond to Growing Community Needs. Build effective partnerships with state and local officials and other organizations to promote local authority and funding sufficient to meet growing community needs. I These strategic priorities are intended to encompass and supplement the resolutions adopted at the General Assembly at the League's 2013 Annual Conference concerning the important needs of cities in the area of water infrastructure and improved implementation of AB 109 public safety realignment. California State Fire Marshal Information Bulletin 12-005 Issued June 8, 2012 SKY LANTERNS The Office of the State Fire Marshal is releasing this bulletin under the authority of Health and Safety Code (HSC) Sections 13100.1 and 13105 to identify a potential fire safety problem regarding the use of Sky Lanterns that are being sold at various retail establishments in the State of California. Sky lanterns, airborne paper lanterns that are a tradition found in some cultures, are typically constructed from oiled rice paper on a bamboo frame. The lanterns contain a small candle or fuel cell composed of a waxy flammable material. When lit, the flame heats the air inside the lantern, thus lowering its density causing the lantern to rise into the air. They are known to travel significant distances from the point of release. There is a serious fire and safety hazard associated with sky lanterns, which include the potential to start an unintended fire on or off the property from which they are released. It has been determined by the State Fire Marshal that this product does not fall within the definition of a firework (HSC §12511) or a pyrotechnic device (HSC §12526). However, several pieces of regulation and statute exist that will assist the fire service in regulating the use of this product. o Code of Reauladons Title 19, Sectio 3.14 "No person, including but not limited to the State and its political subdivisions, operating any occupancy subject to these regulations shall permit any fire hazard� as defined in this article, to exist on premises under their control, or fail to take immediate action to abate a fire hazard when requested to do so by the enforcing agency. " Note: "Fire Hazard" as used in these regulations means any condition, arrangement, or act which will increase, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing or extinguishing fire; or which may obstruct, delay, or hinder,. or may become the cause of obstruction, delay or hindrance to the prevention, suppression, or extinguishment of fire. Health and Safety Code, Section 13001 - Causing Fire, Misdemeanor Every person is guilty of a misdemeanor who, through careless or negligent action, throws or places any lighted cigarette, cigar, ashes, or other flaming or glowing substance, or any substance or thing which may cause a fire, in any place where it may directly or indirectly start a fire, or who uses or operates a welding torch, tar pot or any other device which may cause a fire who does not clear the inflammable material surrounding the operation or take such other reasonable precautions necessary to insure against the starting and spreading of fire. o Health and Safety Code, Section 13009 - Suppression Cost Coilectible (a) Any person (1) who negligently, or in violation of the law, sets a fire, allows a fire, to be set, or allows a fire kindled or attended by him or her to escape onto any public or private property, (2) other than a mortgagee, who, being in actual possession of a structure, fails or refuses to correct, within the time allotted for correction, despite having the fight to do so, a fire hazard prohibited by law, for which a public agency propetly has issued a notice of violation respecting the hazard, or (3) including a mortgagee, who, having an obligation under other provisions of law to correct a fire hazard prohibited by law, for which a public agency has properly issued a notice of violation respecting the hazard, fails or refuses to correct the hazard within the time allotted for correction, despite having the right to do so, is liable for the fire suppression costs incurred in fighting the fire and for the cost of providing rescue or emergency medical services, and those costs shall be a charge against that person. The charge shall constitute a debt of that person, and is collectible by the person, or by the federal, state, county, public, or private agency, incurring those costs in the same manner as in the case of an obligation under a contract, expressed or implied o Public Resources Code. Section 4421 A person shag not set fire or cause fire to be set to any forest, brush, or other flammable material which is on any land that is not his own, or under his legal control, without the permission of the owner, lessee, or agent of the owner or lessee of the land. Public Resources Code, Section 443 If any fire originates from the operation or use of any engine, machine, barbecue, incinerator, railroad rolling stock, chimney, or any other device which may kindle a fire, the occurrence of the fire is prima facie evidence of negligence in the maintenance, operation, or use of such engine, machine, barbecue, incinerator, railroad rolling stock, chimney, or other device. If such fire escapes from the place where it originated and it can be determined which person's negligence caused such fire, such person is guilty of a misdemeanor. Also, there are several sections located in the 2010 California Fire Code Chapter 3 (not adopted by the SFM) that will assist local fire service. o 302 o 305.5 o 307.1 & 307.7 o 308.1.2, 308.1.6 & 308.1.7 For more information please visit our website hftp://osfm.fire.ca.gov 2