2018 12 04 CC
CITY COUNCIL AGENDA 1 DECEMBER 4, 2018
CITY COUNCIL
AGENDA
CITY HALL COUNCIL CHAMBER
78495 Calle Tampico, La Quinta
REGULAR MEETING ON TUESDAY, DECEMBER 4, 2018, AT 4:00 P.M.
CALL TO ORDER
ROLL CALL: Councilmembers: Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans
CONFIRMATION OF AGENDA
CLOSED SESSION- NONE
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
At this time, members of the public may address the City Council on any matter not
listed on the agenda. Please complete a "Request to Speak" form and limit your
comments to three minutes. The City Council values your comments; however in
accordance with State law, no action shall be taken on any item not appearing on the
agenda unless it is an emergency item authorized by GC 54954.2(b).
ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS - NONE
CONSENT CALENDAR
NOTE: Consent Calendar items are routine in nature and can be approved by one
motion.
PAGE
1. APPROVE MINUTES OF NOVEMBER 20, 2018
5
2. CONVEY PERMANENT GRANT OF EASEMENT TO COACHELLA VALLEY
WATER DISTRICT FOR DOMESTIC WATER FACILITIES LOCATED ON
THE EAST SIDE OF AVENIDA BERMUDAS
15
3. EXCUSE ABSENCE FOR PLANNING COMMISSIONER PROCTOR FROM
THE NOVEMBER 27, 2018, PLANNING COMMISSION MEETING
25
City Council agendas and staff reports
are available on the City’s
web page: www.LaQuintaCA.gov
CITY COUNCIL AGENDA 2 DECEMBER 4, 2018
4. APPROVE DEMAND REGISTER DATED NOVEMBER 16, 2018
27
5. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH NBS, INC, IN
THE AMOUNT OF $53,570, FOR DEVELOPMENT IMPACT FEE STUDY
UPDATE AND BUDGET ADJUSTMENTS
37
6.ADOPT RESOLUTION TO INCREASE THE MINIMUM WAGE RATE
EFFECTIVE JANUARY 1, 2019, AND AMEND THE CITY’S FISCAL YEAR
2018/19 SALARY SCHEDULE [RESOLUTION NO. 2018-059]
73
BUSINESS SESSION
1. AUTHORIZE CONTRACTING WITH PACIFIC WEST AIR CONDITIONING
INC FOR UP TO $100,000 OF WORK FOR FISCAL YEAR 2018/19
81
STUDY SESSION
1.SMALL CELL TECHNOLOGY ZONING STANDARDS 83
PUBLIC HEARINGS – NONE
DEPARTMENTAL REPORTS
1. CITY MANAGER
A. SILVERROCK RESIDENT TEE TIMES 97
B. LA QUINTA ARTS FOUNDATION MARKETING CO-OP REQUEST 99
2. CITY ATTORNEY
3.CITY CLERK
4. COMMUNITY RESOURCES
5. DESIGN AND DEVELOPMENT
6. FACILITIES
7. FINANCE
MAYOR’S AND COUNCIL MEMBERS’ ITEMS
REPORTS AND INFORMATIONAL ITEMS
1.CVAG COACHELLA VALLEY CONSERVATION COMMISSION (Evans)
2.CVAG ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE (Evans)
3. CVAG EXECUTIVE COMMITTEE (Evans)
4.GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU (Evans)
5. LEAGUE OF CALIFORNIA CITIES DELEGATE (Evans)
6.COACHELLA VALLEY WATER DISTRICT JOINT POLICY COMMITTEE (Evans)
CITY COUNCIL AGENDA 3 DECEMBER 4, 2018
7. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (Evans)
8. ECONOMIC DEVELOPMENT SUBCOMMITTEE (Evans & Radi)
9. COACHELLA VALLEY MOUNTAINS CONSERVANCY (Fitzpatrick)
10. DESERT RECREATION DISTRICT COMMITTEE (Fitzpatrick and Radi)
11. COACHELLA VALLEY UNIFIED SCHOOL DISTRICT COMMITTEE (Fitzpatrick & Peña)
12. CHAMBER OF COMMERCE INFO EXCHANGE COMMITTEE (Fitzpatrick)
13. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Fitzpatrick)
14. SILVERROCK EVENT SITE AD HOC COMMITTEE (Fitzpatrick)
15. CANNABIS AD HOC COMMITTEE (Peña and Sanchez)
16. CVAG PUBLIC SAFETY COMMITTEE (Peña)
17. EAST VALLEY COALITION (Peña)
18. CVAG VALLEY-WIDE HOMELESSNESS COMMITTEE (Peña)
19. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (Peña)
20. LEAGUE OF CALIFORNIA CITIES – PUBLIC SAFETY POLICY COMMITTEE (Peña)
21. COACHELLA VALLEY ECONOMIC PARTNERSHIP (Radi)
22. CVAG TRANSPORTATION COMMITTEE (Radi)
23. SUNLINE TRANSIT AGENCY (Radi)
24. CITYWIDE SECURITY CAMERAS AD HOC COMMITTEE (Radi)
25. DESERT SANDS UNIFIED SCHOOL DISTRICT COMMITTEE (Radi and Sanchez)
26. ANIMAL CAMPUS COMMISSION (Sanchez)
27. IID ENERGY CONSUMERS’ ADVISORY COMMITTEE (Sanchez)
28. LEAGUE OF CALIFORNIA CITIES/TRANSPORTATION & LABOR POLICY (Sanchez)
29. RIVERSIDE LOCAL AGENCY FORMATION COMMISSION (Sanchez)
ADJOURNMENT
*********************************
The next regular meeting of the City Council will be held on December 18, 2018,
at 4:00 p.m. at the City Hall Council Chambers, 78495 Calle Tampico, La Quinta,
CA 92253.
DECLARATION OF POSTING
I, Monika Radeva, City Clerk, of the City of La Quinta, do hereby declare that
the foregoing Agenda for the La Quinta City Council meeting was posted on the
City’s website, near the entrance to the Council Chambers at 78495 Calle
Tampico, and the bulletin boards at the Stater Brothers Supermarket at 78630
Highway 111, and the La Quinta Cove Post Office at 51321 Avenida Bermudas,
on November 30, 2018.
CITY COUNCIL AGENDA 4 DECEMBER 4, 2018
DATED: November 30, 2018
MONIKA RADEVA, City Clerk
City of La Quinta, California
Public Notices
The La Quinta City Council Chamber is handicapped accessible. If special equipment
is needed for the hearing impaired, please call the City Clerk’s office at (760) 777-
7092, 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) 777-7092. A one (1) week notice is required.
If background material is to be presented to the Councilmembers during a City
Council meeting, please be advised that eight (8) copies of all documents, exhibits,
etc., must be supplied to the City Clerk for distribution. It is requested that this take
place prior to the beginning of the meeting.
Any writings or documents provided to a majority of the City Council regarding any
item(s) on this agenda will be made available for public inspection at the Community
Development counter at City Hall located at 78495 Calle Tampico, La Quinta,
California, 92253, during normal business hours.
CITY COUNCIL MINUTES Page 1 of 9 NOVEMBER 20, 2018
CITY COUNCIL
MINUTES
TUESDAY, NOVEMBER 20, 2018
CALL TO ORDER
A regular meeting of the La Quinta City Council was called to order at 3:30
p.m. by Mayor Evans.
PRESENT: Councilmembers Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans
ABSENT: None
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None.
CONFIRMATION OF AGENDA
City Manager Spevacek said technical difficulties are causing a slight delay in
activating the microphone on the lectern.
Councilmember Sanchez requested that Consent Calendar Item Nos. 8 and 9
be pulled for comments, clarifying questions, and separate votes.
Council concurred.
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
PURSUANT TO PARAGRAPH (1) SUBDIVISION (d) OF
GOVERNMENT CODE SECTION 54956.9
NAME OF CASE: THE PEOPLE OF THE STATE OF CALIFORNIA, BY
AND THROUGH, THE CITY OF LA QUINTA V. RICHARD BOZEK
RIVERSIDE COUNTY SUPERIOR COURT CASE NO. INM1802766
COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING
AND MOVED INTO CLOSED SESSION AT 3:33 P.M.
MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE
CITY COUNCIL MEETING AT 4:05 P.M. WITH ALL MEMBERS PRESENT
CONSENT CALENDAR ITEM NO. 1
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CITY COUNCIL MINUTES Page 2 of 9 NOVEMBER 20, 2018
REPORT ON ACTION(S) TAKEN IN CLOSED SESSION:
Pursuant to Government Code section 54957.1 (Brown Act), City Attorney
Ihrke reported the nature of the case under Closed Session is unpermitted
construction in violation of the La Quinta Municipal Code and the defendant is
Mr. Richard Bozek.
PLEDGE OF ALLEGIANCE
Mayor Pro Tem Fitzpatrick led the audience in the Pledge of Allegiance.
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
City Manager Spevacek reported that the applicant of the proposed hotel
development at Jefferson Square has requested that the item be continued
until sometime in 2019; obtaining entitlements has delayed the purchase of
the property by the applicant; the applicant stated they plan to hold a public
meeting and conduct community outreach before bringing the item for Council
consideration; and will further inform the City about the continuation timeline.
PUBLIC SPEAKER: Vicki Rosson, La Quinta – Mayor Evans acknowledged
receipt of a letter that Ms. Rosson submitted regarding the proposed hotel
development at Jefferson Square, which was made available for the public;
Ms. Rosson spoke in opposition of the project, said she attended the public
hearing held by the Planning Commission on this item, and asked to be notified
when the item is scheduled for Council review and consideration.
PUBLIC SPEAKER: Tom Richards, La Quinta – said he is a resident of Polo
Estates and a member of the Homeowners Association board; expressed
concerns about the Madison Street widening project with regards to potential
loss of property values due to removal of the trees along Madison Street
between the wall and the road, and safety concerns due to the loss of 6 feet
of entrance way from Madison Street into the community on Vista Bonita,
which will cause trucks to protrude out onto Madison Street when attempting
to use the call box requesting permission to enter.
PUBLIC SPEAKER: Lisa Hughes, La Quinta, – expressed concerns of safety
regarding the Madison Street widening project; requested that Council
reconsider the addition of the sidewalk and landscaping along Madison Street;
and asked for a resolution to achieve sufficient room for ingress and egress.
PUBLIC SPEAKER: Danielle Cane, La Quinta – said she is a member of the
Bighorn Institute; expressed concerns about the safety of the bighorn sheep
and an urgency to further build-out the fence in addition to the fence at
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CITY COUNCIL MINUTES Page 3 of 9 NOVEMBER 20, 2018
SilverRock Resort to keep the sheep in their natural habitat; and asked Council
to do whatever possible to facilitate that.
Mayor Evans explained the City owns the SilverRock Resort and thus was able
to build the fence on that land; the surrounding land has different owners;
and there is an undergoing Environmental Impact Report study, commissioned
by the Coachella Valley Conservation Commission, that will identify what is
necessary to ensure proper protection of the bighorn sheep.
PUBLIC SPEAKER: Julie Reeske, La Quinta – spoke in support of preserving
the City’s equestrian overlay as designated in the City’s General Plan;
expressed concerns of safety for horse riders due to the Madison Street
widening project; and inquired about connecting the equestrian trails in the
City, particularly from Avenue 50 to Madison Street.
ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS
1. PRESENTATION OF LA QUINTA ACADEMY 1.0 PROJECTS
Human Resources Manager Scott said the City initiated La Quinta Academy
1.0 in 2016 to develop and enhance Staff’s knowledge, skills, and abilities in
the areas of people, projects, and metrics; and introduced the three project
teams and participating Staff.
The following project teams presented their projects.
Project Team: Visitors Brochure – Management Specialist Missy
Mendoza and Community Resources Coordinator Luis Magallanez; and
Management Specialist Ubaldo Ayon (absent).
Project Team: Budget Video – Associate Planner Carlos Flores,
Management Assistant Dianne Hansen, Maintenance Workers I Michael
Salas and Beto Gonzales.
Project Team: Corporate Yard Assessment – Human Resources Analyst
Carla Triplett, Account Technician Derrick Armendariz, Buildings
Superintendent Alfred Berumen, Senior Accountant Claudia Martinez,
and Animal Control/Code Compliance Supervisor Kevin Meredith.
Council presented participating Staff with completion certificates.
2. UPDATE ON COACHELLA VALLEY MULTIPLE SPECIES HABITAT
CONSERVATION PLAN (MSHCP)
Dr. Cameron Burrows spoke about the history of the Coachella Valley’s
habitat; background of the MSHCP; and the MSHCP’s objective to preserve
the habitat and its native species.
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CITY COUNCIL MINUTES Page 4 of 9 NOVEMBER 20, 2018
CONSENT CALENDAR
1. APPROVE MINUTES OF OCTOBER 16, 2018
2. APPROVE MINUTES OD NOVEMBER 6, 2018
3. ADOPT RESOLUTION TO APPROVE FINAL PARCEL MAP NO. 37574
LOCATED WITHIN THE MADISON CLUB DEVELOPMENT AT THE
NORTHWEST CORNER OF MONROE STREET AND AVENUE 54
[RESOLUTION NO. 2018-056]
4. EXCUSE ABSENCE FOR PLANNING COMMISSIONER QUILL FROM
THE NOVEMBER 13, 2018 PLANNING COMMISSION MEETING
5. RECEIVE AND FILE FIRST QUARTER 2018/19 TREASURY
REPORTS FOR JULY, AUGUST, AND SEPTEMBER 2018
6. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORTS
DATED SEPTEMBER 30, 2018
7. APPROVE DEMAND REGISTERS DATED NOVEMBER 2 AND 9, 2018
MOTION – A motion was made and seconded by Councilmembers Radi/Peña
to approve Consent Calendar Item Nos. 1 through 7, as recommended, with
Item No. 3 adopting Resolution No. 2018-056. Motion passed unanimously.
8. AUTHORIZE CONTRACTING WITH BRUCE KRIBBS
CONSTRUCTION FOR UP TO $100,000 OF WORK FOR FISCAL
YEAR 2018/19, WHEN BRUCE KRIBBS CONSTRUCTION IS THE
QUALIFIED AND/OR LOWEST BIDDER
Facilities Director Howlett presented the staff report, which is on file in the
Clerk’s Office.
Council discussed that approval of this item does not authorize awarding
contracts to Bruce Kribbs Construction without following the standard bidding
process; ensures compliance with the City’s Purchasing Policy requiring
Council approval should a single contractor be paid $50,000 or more within a
fiscal year; projects are advertised and contracts are awarded pursuant to
state and City bidding and purchasing regulations; and all City expenditures
are approved by Council at public meetings.
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CITY COUNCIL MINUTES Page 5 of 9 NOVEMBER 20, 2018
MOTION – A motion was made and seconded by Councilmembers
Sanchez/Radi to approve Consent Calendar Item No. 8 as recommended.
Motion passed unanimously.
9. ADOPT RESOLUTION IN SUPPORT OF MEMORANDUM OF
UNDERSTANDING BETWEEN THE COUNTIES OF IMPERIAL AND
RIVERSIDE CONCERNING UNIFIED SUPPORT FOR THE SALTON
SEA [RESOLUTION NO. 2018-057]
Councilmember Sanchez said the Salton Sea Authority is requesting for
Council to adopt a resolution of support for a plan that is not defined.
Council discussed their unanimous support for restoration and revitalization
efforts for the Salton Sea; the lack of a specific plan of action at this time from
the Salton Sea Authority; stimulating economic development around the
Salton Sea by creating an Enhanced Infrastructure Finance District, as
mentioned in the resolution on page 110 of the agenda packet, and how such
mechanism would be approved, operate, and potentially provide future
funding to maintain the Salton Sea.
MOTION – A motion was made and seconded by Councilmembers
Fitzpatrick/Sanchez to approve Consent Calendar Item No. 9 as
recommended, adopting Resolution No. 2018-057. Motion passed
unanimously.
BUSINESS SESSION
1. APPROVE CANCELLATION OF REGULAR CITY COUNCIL MEETING
OF JANUARY 1, 2019
Council waived presentation of the staff report, which is on file in the Clerk’s
Office.
MOTION – A motion was made and seconded by Councilmembers
Radi/Fitzpatrick to approve the cancellation of the regular City Council meeting
of January 1, 2019, as recommended. Motion passed unanimously.
2. APPROVE CLOSING CITY HALL AND THE WELLNESS CENTER IN
OBSERVANCE OF CHRISTMAS AND NEW YEAR’S HOLIDAYS
Council waived presentation of the staff report, which is on file in the Clerk’s
Office.
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CITY COUNCIL MINUTES Page 6 of 9 NOVEMBER 20, 2018
Council discussed that Desert Recreation District will allow La Quinta residents
to use its fitness facility while the Wellness Center is closed; this information
will be properly advertised at the Wellness Center and circulated to the
members; public services available during City Hall’s closure; prior years
indicate there is a significant reduction in demand for services during the
holiday; and properly advertising the closure of City Hall to the community.
MOTION – A motion was made and seconded by Councilmembers
Radi/Fitzpatrick to approve closing City Hall from December 24, 2018 through
January 1, 2019 and Wellness Center from December 25, 2018 through
December 28, 2018, in observance of the Christmas and New Year’s holidays,
and authorize an additional 24 hours Holiday Pay to full time employees as
recommended. Motion passed unanimously.
3. RECEIVE AND FILE FISCAL YEAR 2017/18 GENERAL FUND YEAR-
END BUDGET REPORT AND APPROVE THE AMENDED
CARRYOVERS
Finance Director Campos presented the staff report, which is on file in the
Clerk’s Office.
Council discussed Staff is fiscally responsible; the savings realized and
carryovers; the City’s fiscal state during the economic downturn; and the
City’s conservative budgeting approach.
City Manager Spevacek said the City’s fiscal stability and Staff’s fiscal
responsibility is a direct result of Council’s leadership, in-depth understanding
of City operations and associated fluctuations, and support when
unanticipated adjustments are needed.
MOTION – A motion was made and seconded by Councilmembers
Fitzpatrick/Sanchez to receive and file 2017/18 General Fund Year-End Budget
Report and approve the amended budget carryovers from 2017/18 to 2018/19
as recommended. Motion passed unanimously.
STUDY SESSION – None.
PUBLIC HEARINGS – After 5:00 P.M.
1. ADOPT RESOLUTION TO APPROVE THE CITY’S COMMUNITY
DEVELOPMENT PRIORITIES, AUTHORIZE THE CITY MANAGER TO
SUBMIT APPLICATIONS TO RIVERSIDE COUNTY ECONOMIC
DEVELOPMENT AGENCY FOR COMMUNITY DEVELOPMENT BLOCK
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CITY COUNCIL MINUTES Page 7 of 9 NOVEMBER 20, 2018
GRANT (CDBG) FUNDS, AND EXECUTE SUPPLEMENTAL
AGREEMENTS FOR FISCAL YEAR 2019/20 [RESOLUTION NO. 2018-058]
Management Analyst Mignogna and Management Assistant Escarrega
presented the staff report, which is on file in the Clerk’s Office.
MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 6:07 P.M.
PUBLIC SPEAKER: None.
MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 6:07 P.M.
MAYOR EVANS DECLARED THE PUBLIC HEARING RE-OPENED AT 6:08 P.M.
PUBLIC SPEAKER: Ms. Darla Burkett, Executive Director of Coachella Valley
Rescue Mission (CVRM), Indio – thanked Council for their consideration of
CVRM for CDBG funding; spoke about the services CVRM offers the community
and the support and assistance it provides during the holiday season; and
thanked the City for its continuous support.
MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 6:10 P.M.
Council discussed the CDBG Consolidated Plan is for a five-year period
(2019/24); and fiscal years 2017/18 and 2018/19 CDBG funds and
allocations.
MOTION – A motion was made and seconded by Councilmembers
Fitzpatrick/Radi to approve the City’s community development priorities,
authorize the City Manager to submit applications to the Riverside County
Economic Development Agency for Community Development Block Grant
funds, execute the Supplemental Agreements for Fiscal Year 2019/20; and
allocate $18,216 to the Boys and Girls Club of the Coachella Valley Fee
Waiver/Reduction Program and $103,227 to the City of La Quinta Americans
with Disabilities Act Improvements Project and adopt Resolution No. 2018-
058 as recommended:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING THE CITY’S COMMUNITY DEVELOPMENT
PRIORITIES, AUTHORIZING THE CITY MANAGER TO SUBMIT
APPLICATIONS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS,
EXECUTE SUPPLEMENTAL AGREEMENT FOR FISCAL YEAR 2019/2020,
AND ALLOCATE FUNDING FOR THE BOYS AND GIRLS CLUB OF THE
COACHELLA VALLEY FEE WAIVER/ REDUCTION PROGRAM AND THE
CITY’S AMERICANS WITH DISABILITIES ACT IMPROVEMENT PROJECT
Motion passed unanimously.
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CITY COUNCIL MINUTES Page 8 of 9 NOVEMBER 20, 2018
DEPARTMENTAL REPORTS
All reports are on file in the City Clerk’s Office.
MAYOR’S AND COUNCIL MEMBERS’ ITEMS
Mayor Pro Tem Fitzpatrick said the City’s approved water efficient, reduced
plant palette and maintenance desert-scape landscape design should be
applied throughout the City to ensure efficiency and uniform appearance.
Council requested that Staff provide an update on the City’s landscaping.
Councilmember Peña requested that Staff provide an update on the equestrian
overlay zone reported during Public Comment.
Mayor Evans asked if the La Quinta Arts Foundation (LQAF) has provided a
response to the City regarding the 2020 Arts Festival in light of the timing
provided for the SilverRock Event Site and the CVWD Big Dig project affecting
the Civic Center Campus. City Manager Spevacek said the City issued an
initial letter to the LQAF, in late summer, laying out the logistics of the Village
Make project and a follow-up letter in October, 2018, and to date no response
has been received as to whether or not LQAF would like to use the Civic Center
Campus to hold the 2020 Arts Festival; Staff has been in communications with
the LQAF regarding advertising for the 2019 Arts Festival and is scheduled to
meet and discuss details on November 21, 2018, and will be able to provide
an update at the next Council meeting.
Mayor Evans said on this day, seven years ago, La Quinta lost its former City
Manager Tom Genovese, and only a week later, a long-time Councilmember
Stan Sniff, and commended them for their invaluable contribution and
dedication to the community.
REPORTS AND INFORMATIONAL ITEMS
La Quinta’s representative for 2018, Mayor Evans reported on her participation
in the following organization’s meeting:
CVAG COACHELLA VALLEY CONSERVATION COMMISSION
La Quinta’s representative for 2018, Councilmember Fitzpatrick reported on
her participation in the following organizations’ meetings:
COACHELLA VALLEY MOUNTAINS CONSERVANCY
RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC)
SILVERROCK EVENT SITE AD HOC COMMITTEE
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CITY COUNCIL MINUTES Page 9 of 9 NOVEMBER 20, 2018
La Quinta’s representative for 2018, Councilmember Peña reported on his
participation in the following organizations’ meetings:
CVAG PUBLIC SAFETY COMMITTEE
EAST VALLEY COALITION
LEAGUE OF CALIFORNIA CITIES – RIVERSIDE COUNTY
DIVISION MEETING
La Quinta’s representative for 2018, Councilmember Radi reported on his
participation in the following organization’s meeting:
COACHELLA VALLEY ECONOMIC PARTNERSHIP
La Quinta’s representative for 2018, Councilmember Sanchez reported on his
participation in the following organizations’ meetings:
IID ENERGY CONSUMERS’ ADVISORY COMMITTEE (ECAC)
RIVERSIDE LOCAL AGENCY FORMATION COMMISSION (LAFCO)
Councilmember Sanchez reported that the IID Board, at their November 19,
2018 meeting, did not approve Council’s unanimous re-appointment of him to
the ECAC. Council asked the City Attorney to seek a response from IID
regarding their appointment of La Quinta representative to ECAC.
ADJOURNMENT
There being no further business, a motion was made and seconded by
Councilmembers Radi/Fitzpatrick to adjourn at 6:31 p.m. Motion passed
unanimously.
Respectfully submitted,
MONIKA RADEVA, City Clerk
City of La Quinta, California
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City of La Quinta
CITY COUNCIL MEETING: December 4, 2018
STAFF REPORT
AGENDA TITLE: CONVEY PERMANENT GRANT OF EASEMENT TO
COACHELLA VALLEY WATER DISTRICT FOR DOMESTIC WATER FACILITIES
LOCATED ON THE EAST SIDE OF AVENIDA BERMUDAS
RECOMMENDATION
Convey a permanent Grant of Easement to the Coachella Valley Water District
for domestic water facilities on the east side of Avenida Bermudas; and
authorize the City Manager to execute the Grant of Easement.
EXECUTIVE SUMMARY
•The Village Complete Streets – A Road Diet Project (Project No. 2015-
03)(Attachment 1) will install five new roundabouts at intersections
within the Village area.
•One of the proposed roundabouts is at the Avenida Bermudas/Avenue
52 intersection and requires relocation of certain domestic water
facilities owned and operated by Coachella Valley Water District
(CVWD).
•The proposed area to relocate the domestic water facilities, is outside
the public utility easement associated with the street right of way.
FISCAL IMPACT – None.
BACKGROUND/ANALYSIS
The design of the roundabout at Avenida Bermudas and Avenue 52
intersection was revised to provide a free right turn for northbound traffic on
Avenida Bermudas onto eastbound Avenue 52. This requires relocation of
the CVWD facilities outside of the street right of way and necessitates this new
easement. As such, it is necessary to convey a “Pop Out” Easement
(Attachment 2) to allow CVWD to operate and maintain the facilities.
The project development process is underway. The environmental document
is complete, the plans, specifications and estimates are approximately 98%
complete. The right of way acquisition and utility clearance phase is
approximately 75% complete. Construction is expected to start in May or
June 2019.
CONSENT CALENDAR ITEM NO. 2
15
ALTERNATIVES
No alternative is recommended.
Prepared by: Bryan McKinney, P.E., City Engineer
Approved by: Danny Castro, Design and Development Director
Attachments: 1.Vicinity Map
2. Grant of Easement
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ATTACHMENT 1ATTACHMENT 1 17
18
No Recording Fees or Documentary Transfer Tax
Government Code § 27383
Rev & Tax Code § 11922
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
COACHELLA VALLEY WATER DISTRICT
Post Office Box 1058
Coachella, California 92236
____________________________________________________________________________________
APN: 770-184-011 (Space above this line is for Recorders use) FILE: 0421.1, PM 36329
TRA: 20-021 0655.
DTT: -0-
G R A N T O F E A S E M E N T
FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged CITY OF LA QUINTA,
a California municipal corporation and charter city (“Grantor” or “collectively Grantor”) hereby grants to
COACHELLA VALLEY WATER DISTRICT, a public agency of the State of California (“Grantee”), and
its successors and assigns, a perpetual, nonexclusive easement and right-of-way to install, construct, enlarge,
survey, reconstruct, remove and replace, operate, maintain, repair, improve and relocate underground pipeline(s)
and necessary devices and appurtenances thereto (“Pipeline(s)”) in, on, over, under, along and across that certain
real property in the County of Riverside, State of California, described in Exhibit “A” and depicted on Exhibit
“B” attached hereto (such rights being described hereafter as the “Easement” and the area affected thereby, the
“Easement Area”). The Pipeline(s) may be installed pursuant to this Easement at different times and over a
period of time.
The Pipeline(s) and every part thereof shall, where it crosses Grantor’s property of which the Easement Area is a
part (“Grantor’s Property”) be confined to the Easement Area and shall be constructed by Grantee with
sufficient ground cover (i.e., distance between ground surface and top of Pipeline(s)) as shown on the
construction plans for the Pipeline(s). The ground cover shall not be changed by any party other than Grantee.
Fixtures and appurtenances used or useful in the operation of the Pipeline(s) may be constructed any distance
either below or above the ground surface.
The Easement includes (a) the right to enter Grantor’s Property to survey, construct, reconstruct, lay, relay,
maintain, operate, control, use and remove the Pipeline(s), fixtures, appurtenances, and to remove objects
interfering with the construction, operation and maintenance thereof; and (b) a reasonable right of access across
Grantor’s Property to and from the Easement Area for the purpose of exercising the rights granted herein.
Grantor reserves the right to occupy and use Grantor’s Property for any purpose not inconsistent with the rights
and privileges above granted and which will not interfere with or endanger the Pipeline(s) or the use thereof.
Grantee shall use due care in the construction, operation and maintenance of the Pipeline(s).
Grantee, in its exercise of the rights provided by the Easement, shall not be liable to Grantor or parties claiming
under Grantor for any damage to or destruction of improvements within the Easement Area installed by Grantor
or parties claiming under Grantor.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Doc. No. 060706-2-053
ATTACHMENT 2
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GRANTOR
CITY OF LA QUINTA, a California municipal
corporation and charter city
Date _______________________________ By __________________________________
Its __________________________________
Doc. No. 060706-2-053
ENG RW-004
(Rev. 10/19/16)
(mailing address)
(city) (state) (zip code)
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ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that
document.
STATE OF CALIFORNIA )
) ss
COUNTY OF _________________ )
On , before me, ,
Notary Public, personally appeared ______________________________________________________,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: (Seal)
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City of La Quinta
CITY COUNCIL MEETING: December 4, 2018
STAFF REPORT
AGENDA TITLE: EXCUSE ABSENCE FOR PLANNING COMMISSIONER PROCTOR
FROM THE NOVEMBER 27, 2018 PLANNING COMMISSION MEETING
RECOMMENDATION
Excuse absence for Planning Commissioner Michael Proctor from the November
27, 2018 Planning Commission meeting.
EXECUTIVE SUMMARY
•Commissioner Proctor requested to be excused from the November 27, 2018
Planning Commission meeting due to a conflicting engagement and was not
be able to attend.
•Commissioner Proctor has no absences for fiscal year 2018/19.
FISCAL IMPACT
No meeting attendance compensation is paid to absent members.
BACKGROUND/ANALYSIS
The Municipal Code states: “If any member of a board, commission or
committee absents him/herself from two consecutive regular meetings or
absents him/herself from a total of three regular meetings within any fiscal
year, his/her office shall become vacant and shall be filled as any other
vacancy. A board, commission or committee 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 on absences.”
ALTERNATIVES
Council may deny this request, which would result in the absence being counted
toward the Commissioner’s limitation on absences as noted above.
Prepared by: Nichole Romane, Management Assistant
Approved by: Monika Radeva, City Clerk
CONSENT CALENDAR ITEM NO. 3
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City of La Quinta
CITY COUNCIL MEETING: December 4, 2018
STAFF REPORT
AGENDA TITLE: APPROVE DEMAND REGISTER DATED NOVEMBER 16, 2018
RECOMMENDATION
Approve demand register dated November 16, 2018.
EXECUTIVE SUMMARY – None
FISCAL IMPACT
Demand of Cash:
City 1,082,949.17$
Successor Agency of RDA 3,334.00$
Housing Authority 112.11$
1,086,395.28$
BACKGROUND/ANALYSIS
Routine bills and payroll must be paid between Council meetings. Attachment 1
details the weekly demand register for November 16, 2018.
Warrants Issued:
120585-120644 594,494.44$
W ire Transfers 245,645.53$
Void -$
Payroll Tax transfers 43,180.61$
Payroll Direct Deposit 203,074.70$
1,086,395.28$
CONSENT CALENDAR ITEM NO. 4
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The most significant expenditures on the demand register are:
Account Name Amount
Conserve Landcare Landscape Contract 207,297.36$ Landscaping Services
Riverside County Museum/Library 90,047.50$ Library & Museum
EDA Operations Management Services
Hermann Design Design 52,810.00$ SilverRock Event Site
Group INC Design
JNS Media Marketing &48,475.46$ Nov - Marketing
Specialists Tourism Services
NAI Consulting INC Various 46,168.88$ Oct - Professional
Services
PurposeVendor
Wire Transfers: Five transfers totaled $245,646. Of this amount, $199,275 was
for Landmark, $40,534 for PERS and $4,261 for ICMA. (See Attachment 2 for a
full listing).
ALTERNATIVES
Council may approve, partially approve, or reject the demand registers.
Prepared by: Derrick Armendariz, Account Technician
Approved by: Rosemary Hallick, Financial Services Analyst
Attachments: 1. Demand Registers
2. Wire Transfers
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11/15/2018 6:04:12 PM Page 1 of 7
Demand Register
City of La Quinta Packet: APPKT01803 - DA 11/16/2018
AmountVendor Name Payment Number Description (Item)Account Name Account Number
Fund: 101 - GENERAL FUND
190.35Operating Supplies10/25-11/18- WC JANITORIAL SERVICE120585AMERIPRIDE SERVICES INC 101-3002-60420
35,079.24Due to Waste Management11/14/18- PROPERTY TAX PASS THROUGH120588BURRTEC WASTE & RECYCLING…101-0000-20307
-3,495.69Franchise Taxes - Burrtec11/14/18- PROPERTY TAX PASS THROUGH120588BURRTEC WASTE & RECYCLING…101-0000-41505
196.05LT Care Insurance PayLONG TERM CARE120589CALPERS LONG-TERM CARE P…101-0000-20949
44.59Travel & Training11/15/18- ACADEMY 2.0 SUPPLIES120590CASH/PETTY CASH 101-1004-60320
7.61Travel & Training11/15/18- ACADEMY 2.0 SUPPLIES120590CASH/PETTY CASH 101-1004-60320
12.31Travel & Training11/15/18- ACADEMY 2.0 SUPLLIES120590CASH/PETTY CASH 101-1004-60320
18.82Travel & Training11/15/18- ACADEMY 2.0 SUPPLIES120590CASH/PETTY CASH 101-1004-60320
4.32Travel & Training11/15/18- ACADEMY 2.0 SUPPLIES120590CASH/PETTY CASH 101-1004-60320
44.27Employee Recognition Awards11/15/18- EMP RECOG SUPPLIES120590CASH/PETTY CASH 101-1004-60340
14.79LQ Police Volunteers11/15/18- POLICE VOLUNTEER REIMB120590CASH/PETTY CASH 101-2001-60109
50.00LQ Police Volunteers11/15/18- POLICE VOLUNTEER REIMB120590CASH/PETTY CASH 101-2001-60109
30.00LQ Police Volunteers11/15/18- CRIME PREV EXPO REIMB120590CASH/PETTY CASH 101-2001-60109
61.00LQ Police Volunteers11/15/18- CRIME PREV EXPO120590CASH/PETTY CASH 101-2001-60109
21.57Volunteers - Fire11/15/18- FIRE PREV REIMB120590CASH/PETTY CASH 101-2002-60110
9.82Travel & Training11/15/18- CERT TRAINING SUPPLIES120590CASH/PETTY CASH 101-2002-60320
16.99Travel & Training11/15/18- CERT TRAINING SUPPLIES120590CASH/PETTY CASH 101-2002-60320
25.82Marketing & Tourism Promoti…11/15/18- STATE OF CITY SUPPLIES120590CASH/PETTY CASH 101-3007-60461
30.00Travel & Training11/15/18- FUEL REIMB120590CASH/PETTY CASH 101-3008-60320
30.00Travel & Training11/15/18- FUEL REIMB120590CASH/PETTY CASH 101-3008-60320
17.99Supplies - Field11/15/18- CAMERA CHARGER120590CASH/PETTY CASH 101-6004-60425
15.00Travel & Training11/15/18- TRADE SHOW PARKING120590CASH/PETTY CASH 101-7006-60320
50.00Travel & Training10/04/18- CCAC E RECORDS TRAINING120591CITY CLERK ASSOCIATION OF C…101-1005-60320
50.00Travel & Training10/04/18- CCAC E RECORDS TRAINING120591CITY CLERK ASSOCIATION OF C…101-1005-60320
75.00Travel & Training10/04/18- CCAC E RECORDS TRAINING120591CITY CLERK ASSOCIATION OF C…101-1002-60320
2,500.00Community Experiences11/17/18- BREW IN LQ EVENT SERVICES120592COACHELLA VALLEY ART SCENE…101-3003-60149
2,500.00Community Experiences11/17/18- BREW IN LQ EVENT SERVICES120592COACHELLA VALLEY ART SCENE…101-3003-60149
8,382.00MSHCP Mitigation Fee10/2018- MITIGATION FEE120594COACHELLA VALLEY CONSERV…101-0000-20310
-83.82CVMSHCP Admin Fee10/2018- MITIGATION FEE120594COACHELLA VALLEY CONSERV…101-0000-43631
848.49Utilities - Water11/13/18- WATER SERVICE120595COACHELLA VALLEY WATER DI…101-2002-61200
2,254.72Utilities - Water -Monticello Pa…11/13/18- WATER SERVICE120595COACHELLA VALLEY WATER DI…101-3005-61201
83.75Utilities - Water -Fritz Burns pa…11/13/18- WATER SERVICE120595COACHELLA VALLEY WATER DI…101-3005-61204
18.28Utilities - Water -Seasons Park11/13/18- WATER SERVICE120595COACHELLA VALLEY WATER DI…101-3005-61208
188.37Utilities - Water -Community P…11/13/18- WATER SERVICE120595COACHELLA VALLEY WATER DI…101-3005-61209
89.42Utilities - Water11/13/18- WATER SERVICE120595COACHELLA VALLEY WATER DI…101-3008-61200
333.89Utilities - Water11/13/18- WATER SERVICE120595COACHELLA VALLEY WATER DI…101-2002-61200
123.52Utilities - Water -Eisenhower P…11/13/18- WATER SERVICE120595COACHELLA VALLEY WATER DI…101-3005-61203
47.62Utilities - Water -Velasco Park11/13/18- WATER SERVICE120595COACHELLA VALLEY WATER DI…101-3005-61205
283.01Utilities - Water -Desert Pride11/13/18- WATER SERVICE120595COACHELLA VALLEY WATER DI…101-3005-61206
36.06PM 10 - Dust Control11/13/18- WATER SERVICE120595COACHELLA VALLEY WATER DI…101-7006-60146
141.29Citywide Conf Room Supplies11/07/18- COFFEE SUPPLIES120598DAIOHS FIRST CHOICE SERVICES 101-1007-60403
32.00Recruiting/Pre-Employment11/05/18- FINGERPRINTING - M CALDERON120599DEPARTMENT OF JUSTICE 101-1004-60129
250.00Community ExperiencesCANADA SOUTH AD ART ON MAIN & 1ST …120600DESERT ENTERTAINER/DESERT…101-3003-60149
6,658.84School Officer07/19-08/15/18- SCHOOL RESOURCE OFFI…120601DESERT SANDS UNIFIED SCHO…101-2001-60168
411.60Supplies - Software11/14/18- AUTOCAD SUPPORT/MAINT120602DLT SOLUTIONS LLC 101-7006-60421
214.00State Unemployment Insurance07/18-09/18- SUI PAYMENT120604EMPLOYMENT DEVELOPMENT…101-1004-50244
1,070.00Training & Education/MOU11/14/18- TUITION REIMB120606ESCATEL-CARRELLO, ELIZABETH 101-1004-60322
700.00Community Experiences10/17/18- DJ SERVICES BREW IN LQ120607FRANCESCA HARDING 101-3003-60149
53.48Utilities - Gas09/25-10/26/18- FS#93 GAS SERVICE120608GAS COMPANY, THE 101-2002-61100
200.00Membership Dues11/06/18- BUSINESS EXPO 2018- M GRAH…120609GCVCC 101-1002-60351
4,562.50Consultants10/18-12/18 PROP TAX MGMT, AUDITING,…120610HDL COREN & CONE 101-1006-60104
40.59Fire Station09/28-10/25/18- FS#93 TOOLS/MATERIALS120612HOME DEPOT CREDIT SERVICES 101-2002-60670
11.05Fire Station09/28-10/25/18- FS#93 TOOLS SUPPLIES120612HOME DEPOT CREDIT SERVICES 101-2002-60670
ATTACHMENT 1
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Demand Register Packet: APPKT01803 - DA 11/16/2018
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AmountVendor Name Payment Number Description (Item)Account Name Account Number
-21.70Fire Station09/28-10/25/18- CREDIT120612HOME DEPOT CREDIT SERVICES 101-2002-60670
422.94Fire Station09/28-10/25/18- FS#93 TOOLS SUPPLIES120612HOME DEPOT CREDIT SERVICES 101-2002-60670
51.36Maintenance/Services09/28-10/25/18- FS#93 CARBON FILTER120612HOME DEPOT CREDIT SERVICES 101-2002-60691
22.15Maintenance/Services09/28-10/25/18- FS#93 MATERIALS120612HOME DEPOT CREDIT SERVICES 101-2002-60691
21.73Maintenance/Services09/28-10/25/18- FS#93 SHOWER HOSE120612HOME DEPOT CREDIT SERVICES 101-2002-60691
110.11Maintenance/Services09/28-10/25/18- FS#93 FAUCET120612HOME DEPOT CREDIT SERVICES 101-2002-60691
30.38Materials/Supplies09/28-10/25/18- ANT CONTROL120612HOME DEPOT CREDIT SERVICES 101-3005-60431
295.42Materials/Supplies09/28-10/25/18- CC CAMPUS PAINT120612HOME DEPOT CREDIT SERVICES 101-3005-60431
8.05Materials/Supplies09/28-10/25/18-CONCRETE PATCHES FB S…120612HOME DEPOT CREDIT SERVICES 101-3005-60431
24.44Materials/Supplies09/28-10/25/18- FIXED GATE AT SEASONS120612HOME DEPOT CREDIT SERVICES 101-3005-60431
91.06Materials/Supplies09/28-10/25/18- LQ PARK DRINKING FOU…120612HOME DEPOT CREDIT SERVICES 101-3005-60431
237.60Materials/Supplies09/28-10/25/18- LQ PARK LIGHTS120612HOME DEPOT CREDIT SERVICES 101-3008-60431
66.23Materials/Supplies09/28-10/25/18- PW YARD120612HOME DEPOT CREDIT SERVICES 101-3008-60431
59.16Materials/Supplies09/28-10/25/18-MATERIALS120612HOME DEPOT CREDIT SERVICES 101-3008-60431
82.01Materials/Supplies09/28-10/25/18- CITY HALL MATERIALS120612HOME DEPOT CREDIT SERVICES 101-3008-60431
37.79Materials/Supplies09/28-10/25/18- OLD 32 SUPPLIES120612HOME DEPOT CREDIT SERVICES 101-3008-60431
131.45HVAC09/28-10/25/18- HVAC FILTERS120612HOME DEPOT CREDIT SERVICES 101-3008-60667
69.86Operating Supplies09/28-10/25/18- MATERIALS120612HOME DEPOT CREDIT SERVICES 101-7003-60420
48.16Tools/Equipment09/28-10/25/18- VACUUM120612HOME DEPOT CREDIT SERVICES 101-7003-60432
5.00Business Licenses11/05/18- LIC-103756 REFUND OVERPAY…120614HOME TEAM ELECTRIC 101-0000-41600
48,475.46Marketing & Tourism Promoti…11/18 RETAINER 8/19 PRINT & DIGITAL …120617JNS MEDIA SPECIALISTS 101-3007-60461
7.76Materials/Supplies10/31/18- CITY HALL KEYS120618LOCK SHOP INC, THE 101-3008-60431
1,638.41Postage Machine10/18-01/19 IN700 MAILING SYSTEM-CITY…120619MAILFINANCE 101-1007-60661
10,604.10Janitorial11/2018 JANITORIAL SERVICES120620MERCHANTS BUILDING MAINT…101-3008-60115
2,530.00ConsultantsCIP DEV/MEASURE A 5YR CIP120621NAI CONSULTING INC 101-7006-60104
42.64Office Supplies10/26/18- OFFICE SUPPLIES120623OFFICE DEPOT 101-1005-60400
30.92Office Supplies10/31/18- OFFICE SUPPLIES120623OFFICE DEPOT 101-1005-60400
1,831.37Operating Supplies11/09/18- WC PT STAFF SHIRTS120624PALMS TO PINES PRINTING 101-3003-60420
106.82Travel & Training04/13/18- LEAGUE OF CITIES MILEAGE RE…120625PENA, JOHN 101-1001-60320
140.61Travel & Training09/12-09/14/18- LEAGUE OF CITIES MILE…120625PENA, JOHN 101-1001-60320
200.00Garnishments PayableGARNISHMENT120628RIVERSIDE DEPARTMENT OF C…101-0000-20985
15.00Recruiting/Pre-Employment11/09/18- FINGERPRINTING - M CALDERON120629RJW NOTARY PUBLIC 101-1004-60129
75.51Mobile/Cell Phones/Satellites10/23-11/22/18- EOC SATELLITE PHONE120630ROADPOST USA INC.101-2002-61304
340.16Cash Over/Short10/30/18- BRES2018-0121 REFUND OVER…120632SANTIAGO PERALES SOLE PRO…101-0000-42300
200.01Operating Supplies11/02/18- DRINKING WATER120633SPARKLETTS 101-7003-60420
56.75Office Supplies10/25/18- OFFICE SUPPLIES120634STAPLES ADVANTAGE 101-3008-60481
71.38Office Supplies11/01/18- OFFICE SUPPLIES120634STAPLES ADVANTAGE 101-7003-60400
144.00Consultants11/08/18- RANDOM DOT TESTING120635TAG/AMS INC 101-1004-60104
286.97Materials/Supplies11/01/18- PAINT120636THE SHERWIN-WILLIAMS CO.101-3008-60431
61.00Pest Control09/14/18- LQ PARK PEST CONTROL120640TRULY NOLEN INC 101-3008-60116
61.00Pest Control10/12/18- LQ PARK PEST CONTROL120640TRULY NOLEN INC 101-3008-60116
100.00Pest Control10/12/18- SPORTS COMPLEX120640TRULY NOLEN INC 101-3008-60116
70.00Pest Control10/05/18- WC PEST CONTROL120640TRULY NOLEN INC 101-3008-60116
78.00Pest Control10/12/18- CITY HALL PEST120640TRULY NOLEN INC 101-3008-60116
42.00United Way DeductionsCONTRIBUTION120641UNITED WAY OF THE DESERT 101-0000-20981
154.54Travel & Training10/14-10/18/18- IMSA MILEAGE/EXP REI…120642VILLALTA, JOSE 101-7006-60320
785.92Community Experiences10/31/18- VETERANS PANEL ENGRAVING120644WATERJET WEST, INC.101-3003-60149
Fund 101 - GENERAL FUND Total:134,494.04
Fund: 201 - GAS TAX FUND
79.52Materials/Supplies09/28-10/25/18- EPOXY AND SAW BLADES120612HOME DEPOT CREDIT SERVICES 201-7003-60431
145.00Professional ServicesFRITZ BURNS PARK-SIDEWALK & PARKING120621NAI CONSULTING INC 201-7003-60103
346.48Traffic Control Signs10/23/18- SIGNS120638TOPS'N BARRICADES INC 201-7003-60429
81.89Traffic Control Signs10/29/18- SIGNS120638TOPS'N BARRICADES INC 201-7003-60429
Fund 201 - GAS TAX FUND Total:652.89
Fund: 202 - LIBRARY & MUSEUM FUND
41,297.50Makerspace Operations07/18-09/18- MAKERSPACE OPERATIONS …120603ECONOMIC DEVELOPMENT A…202-3004-60105
48,750.00Museum Operations07/18-09/18- LIBRARY & MUSEUM OPERA…120603ECONOMIC DEVELOPMENT A…202-3006-60105
28.17Operating Supplies09/28-10/25/18- PET EXPO SUPPLIES120612HOME DEPOT CREDIT SERVICES 202-3004-60420
44.52Maintenance/Services09/28-10/25/18- LIBRARY FAUCET120612HOME DEPOT CREDIT SERVICES 202-3004-60691
48.90Maintenance/Services09/28-10/25/18- LIBRARY SPOTLIGHT120612HOME DEPOT CREDIT SERVICES 202-3004-60691
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AmountVendor Name Payment Number Description (Item)Account Name Account Number
2,470.30JanitorialJANITORIAL SERVICES120620MERCHANTS BUILDING MAINT…202-3004-60115
659.25JanitorialJANITORIAL SERVICES120620MERCHANTS BUILDING MAINT…202-3006-60115
394.07Operating Supplies11/09/18- RECREATION STATION SHIRTS120624PALMS TO PINES PRINTING 202-3004-60420
49.00Pest Control10/12/18- MUSEUM PEST CONTROL120640TRULY NOLEN INC 202-3006-60116
Fund 202 - LIBRARY & MUSEUM FUND Total:93,741.71
Fund: 215 - LIGHTING & LANDSCAPING FUND
6,487.55Utilities - Water - Medians11/13/18- WATER SERVICE120595COACHELLA VALLEY WATER DI…215-7004-61211
100.30Supplies-Graffiti and Vandalism09/28-10/25/18- GRAFFITI SUPPLIES120612HOME DEPOT CREDIT SERVICES 215-7004-60423
61.46Materials/Supplies09/28-10/25/18- MATERIALS120612HOME DEPOT CREDIT SERVICES 215-7004-60431
53.19Materials/Supplies09/28-10/25/18- IRRIGATION REPAIRS120612HOME DEPOT CREDIT SERVICES 215-7004-60431
47.78Materials/Supplies09/28-10/25/18- MATERIALS120612HOME DEPOT CREDIT SERVICES 215-7004-60431
22.28Materials/Supplies09/28-10/25/18- MATERIALS120612HOME DEPOT CREDIT SERVICES 215-7004-60431
77.88Materials/Supplies09/28-10/25/18- MATERIALS120612HOME DEPOT CREDIT SERVICES 215-7004-60431
407.47Materials/Supplies09/28-10/25/18- LA FONDA/ESTADO PED…120612HOME DEPOT CREDIT SERVICES 215-7004-60431
572.59Utilities - Electric11/13/18- ELECTRICITY SERVICE120615IMPERIAL IRRIGATION DIST 215-7004-61116
50.83Utilities - Electric - Medians11/13/18- ELECTRICITY SERVICE120615IMPERIAL IRRIGATION DIST 215-7004-61117
28.05Materials/Supplies10/31/18- MATERIALS120626PRAXAIR INC 215-7004-60431
123.35Operating Supplies10/30/18- PLANTS120643VINTAGE ASSOCIATES 215-7004-60420
545.31Operating Supplies10/29/18- PLANTS120643VINTAGE ASSOCIATES 215-7004-60420
Fund 215 - LIGHTING & LANDSCAPING FUND Total:8,578.04
Fund: 217 - DEVELOPMENT AGREEMENT
1,595.00Land AcquisitionFRONTIER PROPERTY WALL120621NAI CONSULTING INC 217-0000-74010
Fund 217 - DEVELOPMENT AGREEMENT Total:1,595.00
Fund: 221 - AB 939 - CALRECYCLE FUND
-223.13Burrtec AB 939 Fee11/14/18- PROPERTY TAX PASS THROUGH120588BURRTEC WASTE & RECYCLING…221-0000-41506
Fund 221 - AB 939 - CALRECYCLE FUND Total:-223.13
Fund: 223 - MEASURE A FUND
3,601.42Contingency - Signal Knockdo…10/25/18- MITCHELL PAIGE CROSSWALK120622NEXTECH 223-0000-60510
Fund 223 - MEASURE A FUND Total:3,601.42
Fund: 224 - TUMF FUND
20,211.84TUMF Payable to CVAG10/2018- TUMF FEE120593COACHELLA VALLEY ASSOC OF…224-0000-20320
Fund 224 - TUMF FUND Total:20,211.84
Fund: 241 - HOUSING AUTHORITY
112.11Operating Supplies11/05/18- OFFICE SUPPLIES120623OFFICE DEPOT 241-9101-60420
Fund 241 - HOUSING AUTHORITY Total:112.11
Fund: 248 - SA 2004 LO/MOD BOND FUND (Refinanced in 2014)
70.50Relocation Benefits11/14/18- WSA RELOCATION BENEFITS120586BAUMGARTNER, HELGA 248-9102-60159
70.50Relocation Benefits11/14/18- WSA RELOCATION BENEFITS120587BRENNER, CRAIG 248-9102-60159
1,442.00Relocation Benefits11/14/18- WSA RELOCATION BENEFITS120597CORDERO, JOSEPH 248-9102-60159
1,751.00Relocation Benefits11/15/18- WSA RELOCATION BENEFITS120631ROSA CABRERA 248-9102-60159
Fund 248 - SA 2004 LO/MOD BOND FUND (Refinanced in 2014) Total:3,334.00
Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS
-10,910.39Retention PayablePO#1819-0017 RETENTION 3120596CONSERVE LANDCARE 401-0000-20600
218,207.75ConstructionFY18/19 QUINTERRA AND ADAMS BASIN, …120596CONSERVE LANDCARE 401-0000-60188
52,810.00DesignSRR EVENT SITE DESIGN SVCS, PROJECT N…120611HERMANN DESIGN GROUP INC 401-0000-60185
3,892.50Professional ServicesDUNE PALMS BRIDGE IMPROVEMENT120621NAI CONSULTING INC 401-0000-60103
1,535.00Professional ServicesPAVEMENT MGMT PLAN ST IMPROVEME…120621NAI CONSULTING INC 401-0000-60103
263.19Professional ServicesHSIP INTERSECTION IMPROVEMENTS120621NAI CONSULTING INC 401-0000-60103
870.00Professional ServicesWASHINGTON DRAINAGE IMPROVEMENTS120621NAI CONSULTING INC 401-0000-60103
3,287.50Professional ServicesN LQ PARKWAY TURF CONVERSION120621NAI CONSULTING INC 401-0000-60103
580.00Professional ServicesCITYWIDE SIDEWALK IMPROVEMENTS120621NAI CONSULTING INC 401-0000-60103
3,842.50Professional ServicesDUNE PALMS ST IMPROVEMENTS (WWR …120621NAI CONSULTING INC 401-0000-60103
2,760.00Professional ServicesMADISON (AVE 50-AVE52)120621NAI CONSULTING INC 401-0000-60103
105.69Professional ServicesSSAR SYS SAFETY ANALYSIS REPORT120621NAI CONSULTING INC 401-0000-60103
3,625.00Professional ServicesEISENHOWER DRAINAGE120621NAI CONSULTING INC 401-0000-60103
12,517.50Professional ServicesLQ VILLAGE-A ROAD DIET PROJECT120621NAI CONSULTING INC 401-0000-60103
2,497.50Professional ServicesJEFFERSON-AVE 53 ROUNDABOUT120621NAI CONSULTING INC 401-0000-60103
435.00Professional ServicesCC CAMPUS LAKE/IRRIG CONVERSION IM…120621NAI CONSULTING INC 401-0000-60103
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AmountVendor Name Payment Number Description (Item)Account Name Account Number
1,740.00Professional ServicesCALLE TAMPICO DRAINAGE120621NAI CONSULTING INC 401-0000-60103
1,500.00Professional ServicesSILVERROCK INFRASTRUCTURE IMPROVE…120621NAI CONSULTING INC 401-0000-60103
912.50Professional ServicesWASHINGTON ST AT FRED WARING DR120621NAI CONSULTING INC 401-0000-60103
145.00Professional ServicesEISENHOWER RETENTION BASIN LANDSC…120621NAI CONSULTING INC 401-0000-60103
1,390.00Professional ServicesRETENTION BASIN (DPLM AT WWHO)120621NAI CONSULTING INC 401-0000-60103
Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total:302,006.24
Fund: 501 - FACILITY & FLEET REPLACEMENT
21,356.35Vehicles, Rentals & Leases11/03/18- FLEET LEASE120605ENTERPRISE FM TRUST 501-0000-71030
43.09Street Sweeper10/2018- SWEEPER FUEL120608GAS COMPANY, THE 501-0000-60678
444.00Car Washes10/27/18- CAR WASH120627RAN AUTO DETAIL 501-0000-60148
3,111.06Fuel & Oil10/16-10/31/18- UNLEAD/DIESEL FUEL120639TOWER ENERGY GROUP 501-0000-60674
Fund 501 - FACILITY & FLEET REPLACEMENT Total:24,954.50
Fund: 502 - INFORMATION TECHNOLOGY
1,138.84Cell/Mobile Phones09/18/18- CONFERENCE PHONE120616INTELESYSONE 502-0000-61301
144.78Utilities - Cable11/2018- CITY HALL CABLE120637TIME WARNER CABLE 502-0000-61400
Fund 502 - INFORMATION TECHNOLOGY Total:1,283.62
Fund: 601 - SILVERROCK RESORT
152.16Repair & Maintenance09/28-10/25/18- SRR DOOR CLOSER120612HOME DEPOT CREDIT SERVICES 601-0000-60660
Fund 601 - SILVERROCK RESORT Total:152.16
Grand Total:594,494.44
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Fund Summary
Fund Expense Amount
101 - GENERAL FUND 134,494.04
201 - GAS TAX FUND 652.89
202 - LIBRARY & MUSEUM FUND 93,741.71
215 - LIGHTING & LANDSCAPING FUND 8,578.04
217 - DEVELOPMENT AGREEMENT 1,595.00
221 - AB 939 - CALRECYCLE FUND -223.13
223 - MEASURE A FUND 3,601.42
224 - TUMF FUND 20,211.84
241 - HOUSING AUTHORITY 112.11
248 - SA 2004 LO/MOD BOND FUND (Refinanced in 2014)3,334.00
401 - CAPITAL IMPROVEMENT PROGRAMS 302,006.24
501 - FACILITY & FLEET REPLACEMENT 24,954.50
502 - INFORMATION TECHNOLOGY 1,283.62
601 - SILVERROCK RESORT 152.16
Grand Total:594,494.44
Account Summary
Account Number Account Name Expense Amount
101-0000-20307 Due to Waste Manageme…35,079.24
101-0000-20310 MSHCP Mitigation Fee 8,382.00
101-0000-20949 LT Care Insurance Pay 196.05
101-0000-20981 United Way Deductions 42.00
101-0000-20985 Garnishments Payable 200.00
101-0000-41505 Franchise Taxes - Burrtec -3,495.69
101-0000-41600 Business Licenses 5.00
101-0000-42300 Cash Over/Short 340.16
101-0000-43631 CVMSHCP Admin Fee -83.82
101-1001-60320 Travel & Training 247.43
101-1002-60320 Travel & Training 75.00
101-1002-60351 Membership Dues 200.00
101-1004-50244 State Unemployment Insu…214.00
101-1004-60104 Consultants 144.00
101-1004-60129 Recruiting/Pre-Employme…47.00
101-1004-60320 Travel & Training 87.65
101-1004-60322 Training & Education/MOU 1,070.00
101-1004-60340 Employee Recognition Aw…44.27
101-1005-60320 Travel & Training 100.00
101-1005-60400 Office Supplies 73.56
101-1006-60104 Consultants 4,562.50
101-1007-60403 Citywide Conf Room Suppl…141.29
101-1007-60661 Postage Machine 1,638.41
101-2001-60109 LQ Police Volunteers 155.79
101-2001-60168 School Officer 6,658.84
101-2002-60110 Volunteers - Fire 21.57
101-2002-60320 Travel & Training 26.81
101-2002-60670 Fire Station 452.88
101-2002-60691 Maintenance/Services 205.35
101-2002-61100 Utilities - Gas 53.48
101-2002-61200 Utilities - Water 1,182.38
101-2002-61304 Mobile/Cell Phones/Satell…75.51
101-3002-60420 Operating Supplies 190.35
101-3003-60149 Community Experiences 6,735.92
101-3003-60420 Operating Supplies 1,831.37
101-3005-60431 Materials/Supplies 449.35
101-3005-61201 Utilities - Water -Monticel…2,254.72
101-3005-61203 Utilities - Water -Eisenho…123.52
101-3005-61204 Utilities - Water -Fritz Bur…83.75
101-3005-61205 Utilities - Water -Velasco …47.62
101-3005-61206 Utilities - Water -Desert Pr…283.01
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Account Summary
Account Number Account Name Expense Amount
101-3005-61208 Utilities - Water -Seasons …18.28
101-3005-61209 Utilities - Water -Commun…188.37
101-3007-60461 Marketing & Tourism Pro…48,501.28
101-3008-60115 Janitorial 10,604.10
101-3008-60116 Pest Control 370.00
101-3008-60320 Travel & Training 60.00
101-3008-60431 Materials/Supplies 777.52
101-3008-60481 Office Supplies 56.75
101-3008-60667 HVAC 131.45
101-3008-61200 Utilities - Water 89.42
101-6004-60425 Supplies - Field 17.99
101-7003-60400 Office Supplies 71.38
101-7003-60420 Operating Supplies 269.87
101-7003-60432 Tools/Equipment 48.16
101-7006-60104 Consultants 2,530.00
101-7006-60146 PM 10 - Dust Control 36.06
101-7006-60320 Travel & Training 169.54
101-7006-60421 Supplies - Software 411.60
201-7003-60103 Professional Services 145.00
201-7003-60429 Traffic Control Signs 428.37
201-7003-60431 Materials/Supplies 79.52
202-3004-60105 Makerspace Operations 41,297.50
202-3004-60115 Janitorial 2,470.30
202-3004-60420 Operating Supplies 422.24
202-3004-60691 Maintenance/Services 93.42
202-3006-60105 Museum Operations 48,750.00
202-3006-60115 Janitorial 659.25
202-3006-60116 Pest Control 49.00
215-7004-60420 Operating Supplies 668.66
215-7004-60423 Supplies-Graffiti and Van…100.30
215-7004-60431 Materials/Supplies 698.11
215-7004-61116 Utilities - Electric 572.59
215-7004-61117 Utilities - Electric - Media…50.83
215-7004-61211 Utilities - Water - Medians 6,487.55
217-0000-74010 Land Acquisition 1,595.00
221-0000-41506 Burrtec AB 939 Fee -223.13
223-0000-60510 Contingency - Signal Knoc…3,601.42
224-0000-20320 TUMF Payable to CVAG 20,211.84
241-9101-60420 Operating Supplies 112.11
248-9102-60159 Relocation Benefits 3,334.00
401-0000-20600 Retention Payable -10,910.39
401-0000-60103 Professional Services 41,898.88
401-0000-60185 Design 52,810.00
401-0000-60188 Construction 218,207.75
501-0000-60148 Car Washes 444.00
501-0000-60674 Fuel & Oil 3,111.06
501-0000-60678 Street Sweeper 43.09
501-0000-71030 Vehicles, Rentals & Leases 21,356.35
502-0000-61301 Cell/Mobile Phones 1,138.84
502-0000-61400 Utilities - Cable 144.78
601-0000-60660 Repair & Maintenance 152.16
Grand Total:594,494.44
Project Account Summary
Project Account Key Expense Amount
**None**241,225.78
091002P 2,760.00
091004P 3,842.50
34
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Project Account Summary
Project Account Key Expense Amount
111205P 3,892.50
141517P 1,500.00
151603P 12,517.50
151612P 7,625.00
1819PMPP 1,535.00
1819STIP 580.00
201601P 263.19
201603CT 218,207.75
201603P 3,287.50
201603RP -10,910.39
201606P 435.00
201608D 52,810.00
201701P 912.50
201704P 145.00
201708P 105.69
201709P 2,497.50
201722E 145.00
999901CT 3,334.00
BREWE 5,700.00
MAKERE 41,297.50
VETSE 785.92
Grand Total:594,494.44
35
City of La Quinta
Bank Transactions 11/10/18 – 11/23/18
Wire Transaction
Listed below are the wire transfer from 11/10/18 – 11/23/18
Wire Transfers:
11/16/2018 - WIRE TRANSFER - ICMA 4,261.13$
11/16/2018 - WIRE TRANSFER - LQCEA 459.00$
11/16/2018 - WIRE TRANSFER - PERS 40,533.63$
11/16/2018 - WIRE TRANSFER - LANDMARK 199,275.14$
11/20/2018 - WIRE TRANSFER - TASC 1,116.63$
TOTAL WIRE TRANSFERS OUT 245,645.53$
ATTACHMENT 2
36
City of La Quinta
CITY COUNCIL MEETING: December 4, 2018
STAFF REPORT
AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH
NBS, INC, IN THE AMOUNT OF $53,570, FOR DEVELOPMENT IMPACT FEE
STUDY UPDATE AND BUDGET ADJUSTMENTS
RECOMMENDATION
Approve Agreement for Contract Services with NBS, Inc., in the amount of
$53,570, for a Development Impact Fee Study Update, authorize the City
Manager to execute the agreement; and approve the recommended budget
adjustments.
EXECUTIVE SUMMARY
• The City’s Development Impact Fee (DIF) Report was originally adopted
in 1999 and has been updated five times, most recently in 2013.
• DIF Study must be updated every five years to comply with The
Mitigation Fee Act (California Government Code Section 66000 et seq.)
• NBS was selected through the competitive request for proposals (RFP)
process, completed in November 2018.
• NBS will update the City’s DIF Report and propose new development
impact fees.
FISCAL IMPACT
Approve expenditure budget adjustments for Consulting, Fee Study services
totaling $53,570 in nine DIF Funds as summarized below.
CONSENT CALENDAR ITEM NO. 5
Fund Account Adjustment
Infrastructure DIF Fund 225-0000-60104 5,953$
Transportation DIF Fund 250-0000-60104 5,953
Parks & Recreation DIF Fund 251-0000-60104 5,952
Civic Center DIF Fund 252-0000-60104 5,952
Library DIF Fund 253-0000-60104 5,952
Community Center DIF Fund 254-0000-60104 5,952
Street Maintenace DIF Fund 255-0000-60104 5,952
Park Maintenance DIF Fund 256-0000-60104 5,952
Fire Protection DIF Fund 257-0000-60104 5,952
TOTAL 53,570$
37
BACKGROUND/ANALYSIS
In October 2018, the City received six proposals in response to the DIF Study
Update RFP. The review panel selected NBS based on the firm’s qualifications
to provide these services.
The City’s DIF Report was originally adopted in 1999; since then, the DIF has
been updated five times; the City’s current DIF Program was last updated in
2013. Much of the analysis in the current DIF Report is based upon the City’s
General Plan.
The City assesses a variety of development impact fees on new development
to mitigate citywide impacts on public improvements, public services, and
community amenities. The City’s impact fee program must comply with the
Mitigation Fee Act (California Government Code Section 66000 et seq., also
known as Assembly Bill 1600). Costs for preparing this study may be
recovered through impact fees. Current and future fees will incorporate the
costs of future studies.
Public facilities, equipment and infrastructure improvements currently
addressed by the City’s DIF include:
• Transportation Improvements
• Parks and Recreation Facilities
• Civic Center
• Library
• Community Center
• Maintenance Facility
• Fire Protection Facilities.
This year’s update will include evaluating the feasibility of adopting a new
citywide Drainage Impact Fee.
ALTERNATIVES
Staff does not recommend an alternative; the DIF Study Update is a State
requirement.
Prepared by: Julie Mignogna, Management Analyst
Approved by: Bryan McKinney, City Engineer
Attachment: 1. NBS Agreement
38
AGREEMENT FOR CONTRACT SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (the “Agreement”) is made
and entered into by and between the CITY OF LA QUINTA, (“City”), a California
municipal corporation, and NBS, a California S-Corporation (“Contracting
Party”). The parties hereto agree as follows:
1. SERVICES OF CONTRACTING PARTY.
1.1 Scope of Services. In compliance with all terms and conditions of
this Agreement, Contracting Party shall provide those services related to
Development Impact Fee Study Update, as specified in the “Scope of Services”
attached hereto as “Exhibit A” and incorporated herein by this reference (the
“Services”). Contracting Party represents and warrants that Contracting Party
is a provider of first-class work and/or services and Contracting Party is
experienced in performing the Services contemplated herein and, in light of
such status and experience, Contracting Party covenants that it shall follow
industry standards in performing the Services required hereunder, and that
all materials, if any, will be of good quality, fit for the purpose intended. For
purposes of this Agreement, the phrase “industry standards” shall mean those
standards of practice recognized by one or more first-class firms performing
similar services under similar circumstances.
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 and any Federal, State, or local governmental
agency of competent jurisdiction.
1.3 Wage and Hour Compliance, Contracting Party shall comply with
applicable Federal, State, and local wage and hour laws.
1.4 Licenses, Permits, Fees and Assessments. Except as otherwise
specified herein, Contracting Party shall obtain at its sole cost and expense
such licenses, permits, and approvals as may be required by law for the
performance of the Services required by this Agreement, including a City of
La Quinta business license. Contracting Party and its employees, agents, and
subcontractors shall, at their sole cost and expense, keep in effect at all times
during the term of this Agreement any licenses, permits, and approvals that
are legally required for the performance of the Services required by this
Agreement. Contracting Party shall have the sole obligation to pay for any
fees, assessments, and taxes, plus applicable penalties and interest, which
may be imposed by law and arise from or are necessary for the performance
of the Services required by this Agreement, and shall indemnify, defend (with
counsel selected by City), and hold City, its elected officials, officers,
employees, and agents, free and harmless against any such fees,
ATTACHMENT 1
39
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assessments, taxes, penalties, or interest levied, assessed, or imposed
against City hereunder. Contracting Party shall be responsible for all
subcontractors’ compliance with this Section.
1.5 Familiarity with Work. By executing this Agreement, Contracting
Party warrants that (a) it has thoroughly investigated and considered the
Services to be performed, (b) it has investigated the site where the Services
are to be performed, if any, and fully acquainted itself with the conditions
there existing, (c) it has carefully considered how the Services should be
performed, and (d) it fully understands the facilities, difficulties, and
restrictions attending performance of the Services under this Agreement.
Should Contracting Party discover any latent or unknown conditions materially
differing from those inherent in the Services or as represented by City,
Contracting Party shall immediately inform City of such fact and shall not
proceed except at Contracting Party’s risk until written instructions are
received from the Contract Officer (as defined in Section 4.2 hereof).
1.6 Standard of Care. Contracting Party acknowledges and
understands that the Services contracted for under this Agreement require
specialized skills and abilities and that, consistent with this understanding,
Contracting Party’s work will be held to an industry standard of quality and
workmanship. Consistent with Section 1.5 hereinabove, Contracting Party
represents to City that it holds the necessary skills and abilities to satisfy the
industry standard of quality as set forth in this Agreement. Contracting Party
shall adopt reasonable methods during the life of this Agreement to furnish
continuous protection to the Services performed by Contracting Party, and the
equipment, materials, papers, and other components thereof to prevent losses
or damages, and shall be responsible for all such damages, to persons or
property, until acceptance of the Services by City, except such losses or
damages as may be caused by City’s own negligence. The performance of
Services by Contracting Party shall not relieve Contracting Party from any
obligation to correct any incomplete, inaccurate, or defective work at no
further cost to City, when such inaccuracies are due to the negligence of
Contracting Party.
1.7 Additional Services. In accordance with the terms and conditions
of this Agreement, Contracting Party shall perform services in addition to
those specified in the Scope of Services (“Additional Services”) only when
directed to do so by the Contract Officer, provided that Contracting Party shall
not be required to perform any Additional Services without compensation.
Contracting Party shall not perform any Additional Services until receiving
prior written authorization (in the form of a written change order if Contracting
Party is a contractor performing the Services) from the Contract Officer,
incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the
40
-3-
time to perform this Agreement, which said adjustments are subject to the
written approval of Contracting Party. It is expressly understood by
Contracting Party that the provisions of this Section shall not apply to the
Services specifically set forth in the Scope of Services or reasonably
contemplated therein. It is specifically understood and agreed that oral
requests and/or approvals of Additional Services shall be barred and are
unenforceable. Failure of Contracting Party to secure the Contract Officer’s
written authorization for Additional Services shall constitute a waiver of any
and all right to adjustment of the Contract Sum or time to perform this
Agreement, whether by way of compensation, restitution, quantum meruit, or
the like, for Additional Services provided without the appropriate authorization
from the Contract Officer. Compensation for properly authorized Additional
Services shall be made in accordance with Section 2.3 of this Agreement.
1.8 Special Requirements. Additional terms and conditions of this
Agreement, if any, which are made a part hereof are set forth in “Exhibit D”
(the “Special Requirements”), which is incorporated herein by this reference
and expressly made a part hereof. In the event of a conflict between the
provisions of the Special Requirements and any other provisions of this
Agreement, the provisions of the Special Requirements shall govern.
2. COMPENSATION.
2.1 Contract Sum. For the Services rendered pursuant to this
Agreement, Contracting Party shall be compensated in accordance with
“Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed
Fifty-Three Thousand Five Hundred and Seventy Dollars ($53,570.00) (the
“Contract Sum”), except as provided in Section 1.7. The method of
compensation set forth in the Schedule of Compensation may include a lump
sum payment upon completion, payment in accordance with the percentage
of completion of the Services, payment for time and materials based upon
Contracting Party’s rate schedule, but not exceeding the Contract Sum, or
such other reasonable methods as may be specified in the Schedule of
Compensation. The Contract Sum shall include the attendance of Contracting
Party at all project meetings reasonably deemed necessary by City;
Contracting Party shall not be entitled to any additional compensation for
attending said meetings. Compensation may include reimbursement for
actual and necessary expenditures for reproduction costs, transportation
expense, telephone expense, and similar costs and expenses when and if
specified in the Schedule of Compensation. Regardless of the method of
compensation set forth in the Schedule of Compensation, Contracting Party’s
overall compensation shall not exceed the Contract Sum, except as provided
in Section 1.7 of this Agreement.
41
-4-
2.2 Method of Billing & Payment. Any month in which Contracting
Party wishes to receive payment, Contracting Party shall submit to City no
later than the tenth (10th) working day of such month, in the form approved
by City’s Finance Director, an invoice for Services rendered prior to the date
of the invoice. Such invoice shall (1) describe in detail the Services provided,
including time and materials, and (2) specify each staff member who has
provided Services and the number of hours assigned to each such staff
member. Such invoice shall contain a certification by a principal member of
Contracting Party specifying that the payment requested is for Services
performed in accordance with the terms of this Agreement. Upon approval in
writing by the Contract Officer and subject to retention pursuant to
Section 8.3, City will pay Contracting Party for all items stated thereon which
are approved by City pursuant to this Agreement no later than thirty (30) days
after invoices are received by the City’s Finance Department.
2.3 Compensation for Additional Services. Additional Services
approved in advance by the Contract Officer pursuant to Section 1.7 of this
Agreement shall be paid for in an amount agreed to in writing by both City
and Contracting Party in advance of the Additional Services being rendered by
Contracting Party. Any compensation for Additional Services amounting to
five percent (5%) or less of the Contract Sum may be approved by the
Contract Officer. Any greater amount of compensation for Additional Services
must be approved by the La Quinta City Council, the City Manager, or
Department Director, depending upon City laws, regulations, rules and
procedures concerning public contracting. Under no circumstances shall
Contracting Party receive compensation for any Additional Services unless
prior written approval for the Additional Services is obtained from the Contract
Officer pursuant to Section 1.7 of this Agreement.
3. PERFORMANCE SCHEDULE.
3.1 Time of Essence. Time is of the essence in the performance of
this Agreement. If the Services not completed in accordance with the
Schedule of Performance, as set forth in Section 3.2 and “Exhibit C”, it is
understood that the City will suffer damage.
3.2 Schedule of Performance. All Services rendered pursuant to this
Agreement shall be performed diligently and within the time period
established in “Exhibit C” (the “Schedule of Performance”). Extensions to the
time period specified in the Schedule of Performance may be approved in
writing by the Contract Officer.
3.3 Force Majeure. The time period specified in the Schedule of
Performance for performance of the Services rendered pursuant to this
Agreement shall be extended because of any delays due to unforeseeable
42
-5-
causes beyond the control and without the fault or negligence of Contracting
Party, including, but not restricted to, acts of God or of the public enemy,
fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes,
freight embargoes, acts of any governmental agency other than City, and
unusually severe weather, if Contracting Party shall within ten (10) days of
the commencement of such delay notify the Contract Officer in writing of the
causes of the delay. The Contract Officer shall ascertain the facts and the
extent of delay, and extend the time for performing the Services for the period
of the forced delay when and if in the Contract Officer’s judgment such delay
is justified, and the Contract Officer’s determination shall be final and
conclusive upon the parties to this Agreement. Extensions to time period in
the Schedule of Performance which are determined by the Contract Officer to
be justified pursuant to this Section shall not entitle the Contracting Party to
additional compensation in excess of the Contract Sum.
3.4 Term. Unless earlier terminated in accordance with the provisions
in Article 8.0 of this Agreement, the term of this agreement shall commence
on December 5, 2018 and terminate on December 31, 2019 (“Initial Term”).
4. COORDINATION OF WORK.
4.1 Representative of Contracting Party. The following principals of
Contracting Party (“Principals”) are hereby designated as being the principals
and representatives of Contracting Party authorized to act in its behalf with
respect to the Services specified herein and make all decisions in connection
therewith:
(a) Nicole Kissam
E-mail: nkissam@nbsgov.com
(b) Michael Rentner
E-mail: mrentner@nbsgov.com
It is expressly understood that the experience, knowledge, capability,
and reputation of the foregoing Principals were a substantial inducement for
City to enter into this Agreement. Therefore, the foregoing Principals shall be
responsible during the term of this Agreement for directing all activities of
Contracting Party and devoting sufficient time to personally supervise the
Services hereunder. For purposes of this Agreement, the foregoing Principals
may not be changed by Contracting Party and no other personnel may be
assigned to perform the Services required hereunder without the express
written approval of City.
4.2 Contract Officer. The “Contract Officer” shall be Bryan McKinney,
PE, City Engineer, or such other person as may be designated in writing by
43
-6-
the City Manager of City. It shall be Contracting Party’s responsibility to
assure that the Contract Officer is kept informed of the progress of the
performance of the Services, and Contracting Party shall refer any decisions,
that must be made by City to the Contract Officer. Unless otherwise specified
herein, any approval of City required hereunder shall mean the approval of
the Contract Officer. The Contract Officer shall have authority to sign all
documents on behalf of City required hereunder to carry out the terms of this
Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The
experience, knowledge, capability, and reputation of Contracting Party, its
principals, and its employees were a substantial inducement for City to enter
into this Agreement. Except as set forth in this Agreement, Contracting Party
shall not contract or subcontract with any other entity to perform in whole or
in part the Services required hereunder without the express written approval
of City. In addition, neither this Agreement nor any interest herein may be
transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or
by operation of law, without the prior written approval of City. Transfers
restricted hereunder shall include the transfer to any person or group of
persons acting in concert of more than twenty five percent (25%) of the
present ownership and/or control of Contracting Party, taking all transfers into
account on a cumulative basis. Any attempted or purported assignment or
contracting or subcontracting by Contracting Party without City’s express
written approval shall be null, void, and of no effect. No approved transfer
shall release Contracting Party of any liability hereunder without the express
consent of City.
4.4 Independent Contractor. Neither City nor any of its employees
shall have any control over the manner, mode, or means by which Contracting
Party, its agents, or its employees, perform the Services required herein,
except as otherwise set forth herein. City shall have no voice in the selection,
discharge, supervision, or control of Contracting Party’s employees, servants,
representatives, or agents, or in fixing their number or hours of service.
Contracting Party shall perform all Services required herein as an independent
contractor of City and shall remain at all times as to City a wholly independent
contractor with only such obligations as are consistent with that role.
Contracting Party shall not at any time or in any manner represent that it or
any of its agents or employees are agents or employees of City. City shall not
in any way or for any purpose become or be deemed to be a partner of
Contracting Party in its business or otherwise or a joint venture or a member
of any joint enterprise with Contracting Party. Contracting Party shall have
no power to incur any debt, obligation, or liability on behalf of City.
Contracting Party shall not at any time or in any manner represent that it or
any of its agents or employees are agents or employees of City. Except for
44
-7-
the Contract Sum paid to Contracting Party as provided in this Agreement,
City shall not pay salaries, wages, or other compensation to Contracting Party
for performing the Services hereunder for City. City shall not be liable for
compensation or indemnification to Contracting Party for injury or sickness
arising out of performing the Services hereunder. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the
contrary, Contracting Party and any of its employees, agents, and
subcontractors providing services under this Agreement shall not qualify for
or become entitled to any compensation, benefit, or any incident of
employment by City, including but not limited to eligibility to enroll in the
California Public Employees Retirement System (“PERS”) as an employee of
City and entitlement to any contribution to be paid by City for employer
contributions and/or employee contributions for PERS benefits. Contracting
Party agrees to pay all required taxes on amounts paid to Contracting Party
under this Agreement, and to indemnify and hold City harmless from any and
all taxes, assessments, penalties, and interest asserted against City by reason
of the independent contractor relationship created by this Agreement.
Contracting Party shall fully comply with the workers’ compensation laws
regarding Contracting Party and Contracting Party’s employees. Contracting
Party further agrees to indemnify and hold City harmless from any failure of
Contracting Party to comply with applicable workers’ compensation laws. City
shall have the right to offset against the amount of any payment due to
Contracting Party under this Agreement any amount due to City from
Contracting Party as a result of Contracting Party’s failure to promptly pay to
City any reimbursement or indemnification arising under this Section.
4.5 Identity of Persons Performing Work. Contracting Party
represents that it employs or will employ at its own expense all personnel
required for the satisfactory performance of any and all of the Services set
forth herein. Contracting Party represents that the Services required herein
will be performed by Contracting Party or under its direct supervision, and
that all personnel engaged in such work shall be fully qualified and shall be
authorized and permitted under applicable State and local law to perform such
tasks and services.
4.6 City Cooperation. City shall provide Contracting Party with any
plans, publications, reports, statistics, records, or other data or information
pertinent to the Services to be performed hereunder which are reasonably
available to Contracting Party only from or through action by City.
5. INSURANCE.
5.1 Insurance. Prior to the beginning of any Services under this
Agreement and throughout the duration of the term of this Agreement,
Contracting Party shall procure and maintain, at its sole cost and expense,
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and submit concurrently with its execution of this Agreement, policies of
insurance as set forth in “Exhibit E” (the “Insurance Requirements”) which is
incorporated herein by this reference and expressly made a part hereof.
5.2 Proof of Insurance. Contracting Party shall provide Certificate of
Insurance to Agency along with all required endorsements. Certificate of
Insurance and endorsements must be approved by Agency’s Risk Manager
prior to commencement of performance.
6. INDEMNIFICATION.
6.1 Indemnification. To the fullest extent permitted by law,
Contracting Party shall indemnify, protect, defend (with counsel approved,
with reasonable approval not to be withheld by City), and hold harmless City
and any and all of its officers, employees, agents, and volunteers as set forth
in “Exhibit F” (“Indemnification”) which is incorporated herein by this
reference and expressly made a part hereof.
7. RECORDS AND REPORTS.
7.1 Reports. Contracting Party shall periodically prepare and submit
to the Contract Officer such reports concerning Contracting Party’s
performance of the Services required by this Agreement as the Contract
Officer shall require. Contracting Party hereby acknowledges that City is
greatly concerned about the cost of the Services to be performed pursuant to
this Agreement. For this reason, Contracting Party agrees that if Contracting
Party becomes aware of any facts, circumstances, techniques, or events that
may or will materially increase or decrease the cost of the Services
contemplated herein or, if Contracting Party is providing design services, the
cost of the project being designed, Contracting Party shall promptly notify the
Contract Officer of said fact, circumstance, technique, or event and the
estimated increased or decreased cost related thereto and, if Contracting
Party is providing design services, the estimated increased or decreased cost
estimate for the project being designed.
7.2 Records. Contracting Party shall keep, and require any
subcontractors to keep, such ledgers, books of accounts, invoices, vouchers,
canceled checks, reports (including but not limited to payroll reports), studies,
or other documents relating to the disbursements charged to City and the
Services performed hereunder (the “Books and Records”), as shall be
necessary to perform the Services required by this Agreement and enable the
Contract Officer to evaluate the performance of such Services. Any and all
such Books and Records shall be maintained in accordance with generally
accepted accounting principles and shall be complete and detailed. The
Contract Officer shall have full and free access to such Books and Records at
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all times during normal business hours of City, including the right to inspect,
copy, audit, and make records and transcripts from such Books and Records.
Such Books and Records shall be maintained for a period of three (3) years
following completion of the Services hereunder, and City shall have access to
such Books and Records in the event any audit is required. In the event of
dissolution of Contracting Party’s business, custody of the Books and Records
may be given to City, and access shall be provided by Contracting Party’s
successor in interest. Under California Government Code Section 8546.7, if
the amount of public funds expended under this Agreement exceeds Ten
Thousand Dollars ($10,000.00), this Agreement shall be subject to the
examination and audit of the State Auditor, at the request of City or as part
of any audit of City, for a period of three (3) years after final payment under
this Agreement.
7.3 Ownership of Documents. All drawings, specifications, maps,
designs, photographs, studies, surveys, data, notes, computer files, reports,
records, documents, and other materials plans, drawings, estimates, test
data, survey results, models, renderings, and other documents or works of
authorship fixed in any tangible medium of expression, including but not
limited to, physical drawings, digital renderings, or data stored digitally,
magnetically, or in any other medium prepared or caused to be prepared by
Contracting Party, its employees, subcontractors, and agents in the
performance of this Agreement (the “Documents and Materials”) shall be the
property of City and shall be delivered to City upon request of the Contract
Officer or upon the expiration or termination of this Agreement, and
Contracting Party shall have no claim for further employment or additional
compensation as a result of the exercise by City of its full rights of ownership
use, reuse, or assignment of the Documents and Materials hereunder. Any
use, reuse or assignment of such completed Documents and Materials for
other projects and/or use of uncompleted documents without specific written
authorization by Contracting Party will be at City’s sole risk and without
liability to Contracting Party, and Contracting Party’s guarantee and
warranties shall not extend to such use, revise, or assignment. Contracting
Party may retain copies of such Documents and Materials for its own use.
Contracting Party shall have an unrestricted right to use the concepts
embodied therein. All subcontractors shall provide for assignment to City of
any Documents and Materials prepared by them, and in the event Contracting
Party fails to secure such assignment, Contracting Party shall indemnify City
for all damages resulting therefrom.
7.4 In the event City or any person, firm, or corporation authorized
by City reuses said Documents and Materials without written verification or
adaptation by Contracting Party for the specific purpose intended and causes
to be made or makes any changes or alterations in said Documents and
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Materials, City hereby releases, discharges, and exonerates Contracting Party
from liability resulting from said change. The provisions of this clause shall
survive the termination or expiration of this Agreement and shall thereafter
remain in full force and effect.
7.5 Licensing of Intellectual Property. This Agreement creates a non-
exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, rights of reproduction, and other
intellectual property embodied in the Documents and Materials. Contracting
Party shall require all subcontractors, if any, to agree in writing that City is
granted a non-exclusive and perpetual license for the Documents and
Materials the subcontractor prepares under this Agreement. Contracting Party
represents and warrants that Contracting Party has the legal right to license
any and all of the Documents and Materials. Contracting Party makes no such
representation and warranty in regard to the Documents and Materials which
were prepared by design professionals other than Contracting Party or
provided to Contracting Party by City. City shall not be limited in any way in
its use of the Documents and Materials at any time, provided that any such
use not within the purposes intended by this Agreement shall be at City’s sole
risk.
7.6 Release of Documents. The Documents and Materials shall not be
released publicly without the prior written approval of the Contract Officer or
as required by law. Contracting Party shall not disclose to any other entity or
person any information regarding the activities of City, except as required by
law or as authorized by City.
7.7 Confidential or Personal Identifying Information. Contracting
Party covenants that all City data, data lists, trade secrets, documents with
personal identifying information, documents that are not public records, draft
documents, discussion notes, or other information, if any, developed or
received by Contracting Party or provided for performance of this Agreement
are deemed confidential and shall not be disclosed by Contracting Party to any
person or entity without prior written authorization by City or unless required
by law. City shall grant authorization for disclosure if required by any lawful
administrative or legal proceeding, court order, or similar directive with the
force of law. All City data, data lists, trade secrets, documents with personal
identifying information, documents that are not public records, draft
documents, discussions, or other information shall be returned to City upon
the termination or expiration of this Agreement. Contracting Party’s covenant
under this section shall survive the termination or expiration of this
Agreement.
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8. ENFORCEMENT OF AGREEMENT.
8.1 California Law. This Agreement shall be interpreted, construed,
and governed both as to validity and to performance of the parties in
accordance with the laws of the State of California. Legal actions concerning
any dispute, claim, or matter arising out of or in relation to this Agreement
shall be instituted in the Superior Court of the County of Riverside, State of
California, or any other appropriate court in such county, and Contracting
Party covenants and agrees to submit to the personal jurisdiction of such court
in the event of such action.
8.2 Disputes. In the event of any dispute arising under this
Agreement, the injured party shall notify the injuring party in writing of its
contentions by submitting a claim therefore. The injured party shall continue
performing its obligations hereunder so long as the injuring party commences
to cure such default within ten (10) days of service of such notice and
completes the cure of such default within forty-five (45) days after service of
the notice, or such longer period as may be permitted by the Contract Officer;
provided that if the default is an immediate danger to the health, safety, or
general welfare, City may take such immediate action as City deems
warranted. Compliance with the provisions of this Section shall be a condition
precedent to termination of this Agreement for cause and to any legal action,
and such compliance shall not be a waiver of any party’s right to take legal
action in the event that the dispute is not cured, provided that nothing herein
shall limit City’s right to terminate this Agreement without cause pursuant to
this Article 8.0. During the period of time that Contracting Party is in default,
City shall hold all invoices and shall, when the default is cured, proceed with
payment on the invoices. In the alternative, City may, in its sole discretion,
elect to pay some or all of the outstanding invoices during any period of
default.
8.3 Retention of Funds. City may withhold from any monies payable
to Contracting Party sufficient funds to compensate City for any losses, costs,
liabilities, or damages it reasonably believes were suffered by City due to the
default of Contracting Party in the performance of the Services required by
this Agreement.
8.4 Waiver. No delay or omission in the exercise of any right or
remedy of a non-defaulting party on any default shall impair such right or
remedy or be construed as a waiver. City’s consent or approval of any act by
Contracting Party requiring City’s consent or approval shall not be deemed to
waive or render unnecessary City’s consent to or approval of any subsequent
act of Contracting Party. Any waiver by either party of any default must be in
writing and shall not be a waiver of any other default concerning the same or
any other provision of this Agreement.
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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 declaratory or injunctive relief, or
to obtain any other remedy consistent with the purposes of this Agreement.
8.7 Termination Prior To Expiration Of Term. This Section shall govern
any termination of this Agreement, except as specifically provided in the
following Section for termination for cause. City reserves the right to
terminate this Agreement at any time, with or without cause, upon thirty
(30) days’ written notice to Contracting Party. Upon receipt of any notice of
termination, Contracting Party shall immediately cease all Services hereunder
except such as may be specifically approved by the Contract Officer.
Contracting Party shall be entitled to compensation for all Services rendered
prior to receipt of the notice of termination and for any Services authorized by
the Contract Officer thereafter in accordance with the Schedule of
Compensation or such as may be approved by the Contract Officer, except
amounts held as a retention pursuant to this Agreement.
8.8 Termination for Default of Contracting Party. If termination is due
to the failure of Contracting Party to fulfill its obligations under this Agreement,
Contracting Party shall vacate any City-owned property which Contracting
Party is permitted to occupy hereunder and City may, after compliance with
the provisions of Section 8.2, take over the Services and prosecute the same
to completion by contract or otherwise, and Contracting Party shall be liable
to the extent that the total cost for completion of the Services required
hereunder exceeds the compensation herein stipulated (provided that City
shall use reasonable efforts to mitigate such damages), and City may withhold
any payments to Contracting Party for the purpose of setoff or partial payment
of the amounts owed City.
8.9 Attorneys’ Fees. If either party to this Agreement is required to
initiate or defend or made a party to any action or proceeding in any way
connected with this Agreement, the prevailing party in such action or
proceeding, in addition to any other relief which may be granted, whether
legal or equitable, shall be entitled to reasonable attorneys’ fees; provided,
however, that the attorneys’ fees awarded pursuant to this Section shall not
exceed the hourly rate paid by City for legal services multiplied by the
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reasonable number of hours spent by the prevailing party in the conduct of
the litigation. Attorneys’ fees shall include attorneys’ fees on any appeal, and
in addition a party entitled to attorneys’ fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and
discovery, and all other necessary costs the court allows which are incurred in
such litigation. All such fees shall be deemed to have accrued on
commencement of such action and shall be enforceable whether or not such
action is prosecuted to judgment. The court may set such fees in the same
action or in a separate action brought for that purpose.
9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
9.1 Non-liability of City Officers and Employees. No officer, official,
employee, agent, representative, or volunteer of City shall be personally liable
to Contracting Party, or any successor in interest, in the event or any default
or breach by City or for any amount which may become due to Contracting
Party or to its successor, or for breach of any obligation of the terms of this
Agreement.
9.2 Conflict of Interest. Contracting Party covenants that neither it,
nor any officer or principal of it, has or shall acquire any interest, directly or
indirectly, which would conflict in any manner with the interests of City or
which would in any way hinder Contracting Party’s performance of the
Services under this Agreement. Contracting Party further covenants that in
the performance of this Agreement, no person having any such interest shall
be employed by it as an officer, employee, agent, or subcontractor without
the express written consent of the Contract Officer. Contracting Party agrees
to at all times avoid conflicts of interest or the appearance of any conflicts of
interest with the interests of City in the performance of this Agreement.
No officer or employee of City shall have any financial interest, direct
or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to this Agreement which effects his financial
interest or the financial interest of any corporation, partnership or association
in which he is, directly or indirectly, interested, in violation of any State statute
or regulation. Contracting Party warrants that it has not paid or given and will
not pay or give any third party any money or other consideration for obtaining
this Agreement.
9.3 Covenant against Discrimination. Contracting Party covenants
that, by and for itself, its heirs, executors, assigns, and all persons claiming
under or through them, that there shall be no discrimination against or
segregation of, any person or group of persons on account of any
impermissible classification including, but not limited to, race, color, creed,
religion, sex, marital status, sexual orientation, national origin, or ancestry in
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the performance of this Agreement. Contracting Party shall take affirmative
action to ensure that applicants are employed and that employees are treated
during employment without regard to their race, color, creed, religion, sex,
marital status, sexual orientation, national origin, or ancestry.
10. MISCELLANEOUS PROVISIONS.
10.1 Notice. Any notice, demand, request, consent, approval, or
communication either party desires or is required to give the other party or
any other person shall be in writing and either served personally 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: Bryan McKinney, PE,
City Engineer
78-495 Calle Tampico
La Quinta, California 92253
To Contracting Party:
NBS
Michael Rentner, President
32605 Temecula Pkwy., Suite 100
Temecula, CA 92592
10.2 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed
for or against either party by reason of the authorship of this Agreement or
any other rule of construction which might otherwise apply.
10.3 Section Headings and Subheadings. The section headings and
subheadings contained in this Agreement are included for convenience only
and shall not limit or otherwise affect the terms of this Agreement.
10.4 Counterparts. This Agreement may be executed in counterparts,
each of which shall be deemed to be an original, and such counterparts shall
constitute one and the same instrument
10.5 Integrated Agreement. This Agreement including the exhibits
hereto is the entire, complete, and exclusive expression of the understanding
of the parties. It is understood that there are no oral agreements between
the parties hereto affecting this Agreement and this Agreement supersedes
and cancels any and all previous negotiations, arrangements, agreements,
and understandings, if any, between the parties, and none shall be used to
interpret this Agreement.
10.6 Amendment. No amendment to or modification of this Agreement
shall be valid unless made in writing and approved by Contracting Party and
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by the City Council of City. The parties agree that this requirement for written
modifications cannot be waived and that any attempted waiver shall be void.
10.7 Severability. In the event that any one or more of the articles,
phrases, sentences, clauses, paragraphs, or sections contained in this
Agreement shall be declared invalid or unenforceable, such invalidity or
unenforceability shall not affect any of the remaining articles, phrases,
sentences, clauses, paragraphs, or sections of this Agreement which are
hereby declared as severable and shall be interpreted to carry out the intent
of the parties hereunder unless the invalid provision is so material that its
invalidity deprives either party of the basic benefit of their bargain or renders
this Agreement meaningless.
10.8 Unfair Business Practices Claims. In entering into this Agreement,
Contracting Party offers and agrees to assign to City all rights, title, and
interest in and to all causes of action it may have under Section 4 of the
Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2,
(commencing with Section 16700) of Part 2 of Division 7 of the Business and
Professions Code), arising from purchases of goods, services, or materials
related to this Agreement. This assignment shall be made and become
effective at the time City renders final payment to Contracting Party without
further acknowledgment of the parties.
10.9 No Third Party Beneficiaries. With the exception of the specific
provisions set forth in this Agreement, there are no intended third-party
beneficiaries under this Agreement and no such other third parties shall have
any rights or obligations hereunder.
10.10 Authority. The persons executing this Agreement on behalf of
each of the parties hereto represent and warrant that (i) such party is duly
organized and existing, (ii) they are duly authorized to execute and deliver
this Agreement on behalf of said party, (iii) by so executing this Agreement,
such party is formally bound to the provisions of this Agreement, and (iv) that
entering into this Agreement does not violate any provision of any other
Agreement to which said party is bound. This Agreement shall be binding
upon the heirs, executors, administrators, successors, and assigns of the
parties.
[SIGNATURES ON FOLLOWING PAGE]
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54
Exhibit A
Page 1 of 4 Last revised summer 2017
Exhibit A
Scope of Services
1. Services to be Provided:
In general, the scope of work covered involves the work necessary to prepare a
development impact fee study that complies with the requirements of the
California Mitigation Fee Act (Government Code Sections 66000 et seq.), the
Quimby Act (Government Code Section 66477), where applicable, and relevant
case law.
The specific scope is defined by the tasks described in the work plan that follows.
It excludes legal, engineering, architectural, cost estimating and appraisal services.
Work Plan
The following tasks comprise the detailed work plan for this impact fee study.
Tasks 1 through 6 represent the typical requirements of an impact fee study, and
may be adjusted to meet the needs of this project.
Task 1. Kickoff Meeting/Project Initiation
To kickoff this study, the Project Director and Project Manager will attend a kickoff
meeting with key City staff and carry out other activities required to initiate the
study, including:
• Discuss the goals, work plan and schedule for the project
• Establish coordination, communication and reporting procedures
• Conduct initial interviews with key City staff members
• Evaluate available information resources
• Review the existing impact fee program to identify any issues of concern to
the staff or City Council
• Assess the City’s current development patterns and growth potential
Task 2. Compile Data on Existing and Future Development
In this task, NBS will collect, review, organize and analyze data on existing and
future development in the City and compile it in a form useful for this study. Steps
in that process may include:
• Establish boundaries of the study area to be used in the analysis (e.g.,
existing City vs. sphere of influence) and the time horizon for the study
• Define the breakdown of land use types to be used in the study
• Analyze land use data provided by the City to establish a baseline of existing
development and a forecast of future development by land use type
• Select demand variables and specify demand factors that will be used to
represent the impact of development in the impact fee calculations
• Prepare development data tables to incorporate into the fee calculation
model and the study report
55
Exhibit A
Page 2 of 4
Task 3. Facility Needs Analysis
Using forecasts of future development from Task 2, NBS will review the Capital
Improvement Program, facility master plans and other available data, and work with
staff to identify new facilities, facility expansions, vehicles and equipment needed to
serve future development. Steps in that process will include the following:
• Review adopted level-of-service standards and actual service levels for
relevant facility types
• Work with City staff to identify the operative level-of-service standard to be
used for each facility type in the impact fee
• Identify any existing deficiencies or available capacity relative to the
selected level of service standard
• Project the additional service demand that will be created by new
development
• Translate service demand into facility needs by facility type
• Compile cost estimates for relevant facilities and other assets
• Identify costs eligible for impact fee funding
Task 4. Impact Fee Analysis
Using the information developed in Tasks 2 and 3, we will conduct the impact fee
analysis and calculate impact fees by land use type for each type of facility addressed
in the study. That process typically includes these steps:
• Review the methods used to calculate existing impact fees and work with
staff to consider alternative methods where appropriate
• Construct a spreadsheet fee calculation model incorporating data on existing
and future development, demand factors and eligible facility costs
• Specify formulas in the model to allocate facility costs in proportion to the
impact of new development by land use type
• Calculate a cost per unit of service for each facility type
• Convert the cost per unit of service into a schedule of impact fees per unit of
development by development type
• Project potential revenue from the proposed impact fees
Task 5. Draft and Final Study Reports
The impact fee study report will explain the data, methodology and formulas used
in the fee calculations and document the nexus between the proposed fees and the
impacts of development for each type of impact fee calculated in the study. The
report will also propose findings to satisfy the requirements of the Mitigation Fee Act
regarding the purpose of the fees, the use of the fees, and the reasonable
relationship between the fees and development.
As the study progresses, the Consultant will submit preliminary drafts of portions of
the study report for review and comment by City staff. Once all sections are in draft
form, an administrative draft of the entire study report, incorporating any previous
staff comments, will be submitted for review. Then a final draft document will be
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Exhibit A
Page 3 of 4
prepared for the City Council and public review. If necessary, additional changes
will be incorporated into the final study report.
The study report will include the following components:
• An Executive Summary including summary impact fee tables
• A chapter discussing the legal requirements for impact fees and methods
used to calculate the fees
• A chapter presenting data on existing and future development in the study
area and the factors used to measure the impacts of development on
individual facility types
• A separate chapter for each type of fee presenting the data and
methodology used in the analysis, a detailed explanation the impact fee
calculations, and documentation of the nexus
• A chapter on implementation recommendations, covering steps needed to
comply with the Mitigation Fee Act through proper administration of the
impact fees, including but not limited to:
• Findings and enactment of fees
• Collection and expenditure of fees
• Accounting and reporting requirements
• Administrative appeals, waivers, and exemptions
• Credits and reimbursements for developer-provided facilities
• Updating and indexing the fees
• Recovery of administrative costs for the impact fee program
Deliverables include: (1) Preliminary chapter drafts; (2) a complete draft report for
staff review; (3) a final draft report for City Council and public review; (4) the final
report. All drafts and the final report will be submitted electronically in .pdf format.
All original Microsoft Word and Excel files will be provided to the City at completion
of the work.
Task 6. Meetings and presentations
The RFP specifies that the Consultant will attend a minimum of one City Council
study session, one City Council Public Hearing, and one Financial Advisory
Committee Meeting, as well as monthly meetings with the Project Development
Team. Addendum Number 1 to the RFP also directs that a stakeholder outreach
meeting be included in the scope of the project.
To meet the City’s goal of implementing the updated impact fees by July 1, 2019,
the fees would have to be adopted at the City Council’s second meeting in April
2019, because the fees would not go into effect until 60 days after adoption.
Assuming the study begins on December 3, the draft report would have to be
completed in four months. Consequently, this allows for four monthly meetings with
the Project Development Team in addition to the meetings with City Council, the
Financial Advisory Committee, and stakeholders including the local DVBA and BIA,
for a total of eight (8) on-site meetings.
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Exhibit A
Page 4 of 4
In order to remain within the City’s desired timeline, it might be necessary for the
Financial Advisory Committee meeting and the stakeholder meeting to be scheduled
very closely with other meetings listed under this task.
Task 7. Calculate additional impact fees (optional task)
As part of this task, we will investigate the potential for new impact fees, including
an impact fee for future drainage improvements, and make recommendations to City
staff. We will also determine whether it is feasible to incorporate any additional
impact fees into this study within the constraints of the schedule. That will depend
on whether the necessary information on facility needs and costs can be provided
by the City early in the study process.
• Investigate the potential for new impact fees
• Make recommendations to City staff regarding the potential for new impact
fees
• Incorporate a new storm drainage impact fee into the scope of this study, if
feasible
• Incorporate other new impact fees into the scope of this study, if feasible
58
Exhibit B
Page 1 of 2
Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for
in Section 2.3 of this Agreement, the maximum total compensation to be paid
to Contracting Party under this Agreement is Fifty-Three Thousand Five
Hundred and Seventy Dollars ($53,570.00) (“Contract Sum”). The Contract
Sum shall be paid to Contracting Party in installment payments made on a
monthly basis and in an amount identified in Contracting Party’s schedule of
compensation attached hereto for the work tasks performed and properly
invoiced by Contracting Party in conformance with Section 2.2 of this
Agreement.
PROJECT COST DETAIL
Task Plan
Hourly Rate $205 $150
DEVELOPMENT IMPACT FEE STUDY
Task 1. Kickoff Meeting/Project Initiation 6.0 10.0 16.0 $2,730
Task 2. Compile Development Data 8.0 32.0 40.0 $6,440
Task 3. Facility Needs Analysis 8.0 32.0 40.0 $6,440
Task 4. Impact Fee Analysis 10.0 60.0 70.0 $11,050
Task 5. Draft and Final Reports 10.0 40.0 50.0 $8,050
Subtotal Tasks 1-5 42.0 174.0 216.0 $34,710
Task 6. Meetings and Presentations (8)
Task 6a. Monthly Meetings incl. kickoff meeting (4)16.0 16.0 32.0 $5,680
Task 6b. Financial Advisory Committee Meeting (1)4.0 0.0 4.0 $820
Task 6c. Stakeholder Meeting (1)4.0 8.0 12.0 $2,020
Task 6d. City Council Meetings (2)8.0 16.0 24.0 $4,040
Subtotal Tasks 6a through 6d 32.0 40.0 72.0 $12,560
Travel Expenses for Meetings $2,700
Task 7. Additional Impact Fees (Optional)Time&Materials - NTE - 3,600$
TOTAL 74.0 214.0 288.0 $53,570
Grand Totals
City of La Quinta
Joe Colgan Consultant
Labor (Hours)
Consultant
Costs ($)
NBS
Director
Consultant Labor (Hours)
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a11/16/18
Exhibit B
Page 2 of 2
NBS applied the following hourly rates to derive the fixed pricing for the requested
scope of services. NBS’ rates are inclusive of all costs associated with professional
time, such as document production, and incidentals. Travel expenses, however, are
billed separately at actual cost up to the amount shown in the table above. These
rates will apply for the duration of our contract:
Title Hourly
Rate
Director - NBS $205
Colgan Consulting $150
Analyst - NBS $120
60
Exhibit C
Page 1 of 1
Exhibit C
Schedule of Performance
Contracting Party shall complete all services identified in the Scope of
Services, Exhibit A of this Agreement, in accordance with the Project Schedule
below
Project Schedule
TASK DESCRIPTION
61
Exhibit D
Page 1 of 1
Exhibit D
Special Requirements
None
62
Exhibit E
Page 1 of 6
Exhibit E
Insurance Requirements
E.1 Insurance. Prior to the beginning of and throughout the duration of
this Agreement, the following policies shall be maintained and kept in full force
and effect providing insurance with minimum limits as indicated below and
issued by insurers with A.M. Best ratings of no less than A-VI:
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Non-contributory
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Personal Auto Declaration Page if applicable
Errors and Omissions Liability
$1,000,000 (per claim and aggregate)
Workers’ Compensation
(per statutory requirements)
Must include the following endorsements:
Workers Compensation with Waiver of Subrogation
Workers Compensation Declaration of Sole Proprietor if applicable
Contracting Party shall procure and maintain, at its cost, and submit
concurrently with its execution of this Agreement, Commercial General
Liability insurance against all claims for injuries against persons or damages
to property resulting from Contracting Party’s acts or omissions rising out of
or related to Contracting Party’s performance under this Agreement. The
insurance policy shall contain a severability of interest clause providing that
the coverage shall be primary for losses arising out of Contracting Party’s
performance hereunder and neither City nor its insurers shall be required to
contribute to any such loss. An endorsement evidencing the foregoing and
naming the City and its officers and employees as additional insured (on the
Commercial General Liability policy only) must be submitted concurrently with
the execution of this Agreement and approved by City prior to commencement
of the services hereunder.
Contracting Party shall carry automobile liability insurance of
$1,000,000 per accident against all claims for injuries against persons or
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Exhibit E
Page 2 of 6
damages to property arising out of the use of any automobile by Contracting
Party, its officers, any person directly or indirectly employed by Contracting
Party, any subcontractor or agent, or anyone for whose acts any of them may
be liable, arising directly or indirectly out of or related to Contracting Party’s
performance under this Agreement. The term “automobile” includes, but is
not limited to, a land motor vehicle, trailer or semi-trailer designed for travel
on public roads. The automobile insurance policy shall contain a severability
of interest clause providing that coverage shall be primary for losses arising
out of Contracting Party’s performance hereunder and neither City nor its
insurers shall be required to contribute to such loss.
Professional Liability or Errors and Omissions Insurance as
appropriate shall be written on a policy form coverage specifically designed to
protect against acts, errors or omissions of the Contracting Party and “Covered
Professional Services” as designated in the policy must specifically include
work performed under this agreement. The policy limit shall be no less than
$1,000,000 per claim and in the aggregate. The policy must “pay on behalf
of” the insured and must include a provision establishing the insurer’s duty to
defend. The policy retroactive date shall be on or before the effective date of
this agreement.
Contracting Party shall carry Workers’ Compensation Insurance in
accordance with State Worker’s Compensation laws with employer’s liability
limits no less than $1,000,000 per accident or disease.
Contracting Party shall provide written notice to City within ten
(10) working days if: (1) any of the required insurance policies is terminated;
(2) the limits of any of the required polices are reduced; or (3) the deductible
or self-insured retention is increased. In the event any of said policies of
insurance are cancelled, Contracting Party shall, prior to the cancellation date,
submit new evidence of insurance in conformance with this Exhibit to the
Contract Officer. The procuring of such insurance or the delivery of policies
or certificates evidencing the same shall not be construed as a limitation of
Contracting Party’s obligation to indemnify City, its officers, employees,
contractors, subcontractors, or agents.
E.2 Remedies. In addition to any other remedies City may have if
Contracting Party fails to provide or maintain any insurance policies or policy
endorsements to the extent and within the time herein required, City may, at
its sole option:
a. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this Agreement.
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Exhibit E
Page 3 of 6
b. Order Contracting Party to stop work under this Agreement
and/or withhold any payment(s) which become due to Contracting Party
hereunder until Contracting Party demonstrates compliance with the
requirements hereof.
c. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to
any other remedies City may have. The above remedies are not the exclusive
remedies for Contracting Party’s failure to maintain or secure appropriate
policies or endorsements. Nothing herein contained shall be construed as
limiting in any way the extent to which Contracting Party may be held
responsible for payments of damages to persons or property resulting from
Contracting Party’s or its subcontractors’ performance of work under this
Agreement.
E.3 General Conditions Pertaining to Provisions of Insurance Coverage
by Contracting Party. Contracting Party and City agree to the following with
respect to insurance provided by Contracting Party:
1. Contracting Party agrees to have its insurer endorse the third
party general liability coverage required herein to include as additional
insureds City, its officials, employees, and agents, using standard ISO
endorsement No. CG 2010 or equivalent. Contracting Party also agrees to
require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this
Agreement shall prohibit Contracting Party, or Contracting Party’s employees,
or agents, from waiving the right of subrogation prior to a loss. Contracting
Party agrees to waive subrogation rights against City regardless of the
applicability of any insurance proceeds, and to require all contractors and
subcontractors to do likewise.
3. All insurance coverage and limits provided by Contracting Party
and available or applicable to this Agreement are intended to apply to the full
extent of the policies. Nothing contained in this Agreement or any other
agreement relating to City or its operations limits the application of such
insurance coverage.
4. None of the coverages required herein will be in compliance with
these requirements if they include any limiting endorsement of any kind that
has not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that
would serve to eliminate so-called “third party action over” claims, including
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Exhibit E
Page 4 of 6
any exclusion for bodily injury to an employee of the insured or of any
contractor or subcontractor.
6. All coverage types and limits required are subject to approval,
modification and additional requirements by the City, as the need arises.
Contracting Party shall not make any reductions in scope of coverage (e.g.
elimination of contractual liability or reduction of discovery period) that may
affect City’s protection without City’s prior written consent.
7. Proof of compliance with these insurance requirements, consisting
of certificates of insurance evidencing all of the coverages required and an
additional insured endorsement to Contracting Party’s general liability policy,
shall be delivered to City at or prior to the execution of this Agreement. In
the event such proof of any insurance is not delivered as required, or in the
event such insurance is canceled at any time and no replacement coverage is
provided, City has the right, but not the duty, to obtain any insurance it deems
necessary to protect its interests under this or any other agreement and to
pay the premium. Any premium so paid by City shall be charged to and
promptly paid by Contracting Party or deducted from sums due Contracting
Party, at City option.
8. It is acknowledged by the parties of this agreement that all
insurance coverage required to be provided by Contracting Party or any
subcontractor, is intended to apply first and on a primary, non-contributing
basis in relation to any other insurance or self-insurance available to City.
9. Contracting Party agrees to ensure that subcontractors, and any
other party involved with the project that is brought onto or involved in the
project by Contracting Party, provide the same minimum insurance coverage
required of Contracting Party. Contracting Party agrees to monitor and review
all such coverage and assumes all responsibility for ensuring that such
coverage is provided in conformity with the requirements of this section.
Contracting Party agrees that upon request, all agreements with
subcontractors and others engaged in the project will be submitted to City for
review.
10. Contracting Party agrees not to self-insure or to use any self-
insured retentions or deductibles on any portion of the insurance required
herein (with the exception of professional liability coverage, if required) and
further agrees that it will not allow any contractor, subcontractor, Architect,
Engineer or other entity or person in any way involved in the performance of
work on the project contemplated by this agreement to self-insure its
obligations to City. If Contracting Party’s existing coverage includes a
deductible or self-insured retention, the deductible or self-insured retention
must be declared to the City. At that time the City shall review options with
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Exhibit E
Page 5 of 6
the Contracting Party, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
11. The City reserves the right at any time during the term of this
Agreement to change the amounts and types of insurance required by giving
the Contracting Party ninety (90) days advance written notice of such change.
If such change results in substantial additional cost to the Contracting Party,
the City will negotiate additional compensation proportional to the increased
benefit to City.
12. For purposes of applying insurance coverage only, this Agreement
will be deemed to have been executed immediately upon any party hereto
taking any steps that can be deemed to be in furtherance of or towards
performance of this Agreement.
13. Contracting Party acknowledges and agrees that any actual or
alleged failure on the part of City to inform Contracting Party of non-
compliance with any insurance requirement in no way imposes any additional
obligations on City nor does it waive any rights hereunder in this or any other
regard.
14. Contracting Party will renew the required coverage annually as
long as City, or its employees or agents face an exposure from operations of
any type pursuant to this agreement. This obligation applies whether or not
the agreement is canceled or terminated for any reason. Termination of this
obligation is not effective until City executes a written statement to that effect.
15. Contracting Party shall provide proof that policies of insurance
required herein expiring during the term of this Agreement have been renewed
or replaced with other policies providing at least the same coverage. Proof
that such coverage has been ordered shall be submitted prior to expiration.
A coverage binder or letter from Contracting Party’s insurance agent to this
effect is acceptable. A certificate of insurance and an additional insured
endorsement is required in these specifications applicable to the renewing or
new coverage must be provided to City within five (5) days of the expiration
of coverages.
16. The provisions of any workers’ compensation or similar act will not
limit the obligations of Contracting Party under this agreement. Contracting
Party expressly agrees not to use any statutory immunity defenses under such
laws with respect to City, its employees, officials, and agents.
17. Requirements of specific coverage features or limits contained in
this section are not intended as limitations on coverage, limits or other
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Exhibit E
Page 6 of 6
requirements nor as a waiver of any coverage normally provided by any given
policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue, and is not intended by any
party or insured to be limiting or all-inclusive.
18. These insurance requirements are intended to be separate and
distinct from any other provision in this Agreement and are intended by the
parties here to be interpreted as such.
19. The requirements in this Exhibit supersede all other sections and
provisions of this Agreement to the extent that any other section or provision
conflicts with or impairs the provisions of this Exhibit.
20. Contracting Party agrees to be responsible for ensuring that no
contract used by any party involved in any way with the project reserves the
right to charge City or Contracting Party for the cost of additional insurance
coverage required by this agreement. Any such provisions are to be deleted
with reference to City. It is not the intent of City to reimburse any third party
for the cost of complying with these requirements. There shall be no recourse
against City for payment of premiums or other amounts with respect thereto.
21. Contracting Party agrees to provide immediate notice to City of
any claim or loss against Contracting Party arising out of the work performed
under this agreement. City assumes no obligation or liability by such notice,
but has the right (but not the duty) to monitor the handling of any such claim
or claims if they are likely to involve City.
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Exhibit F
Page 1 of 3
Exhibit F
Indemnification
F.1 Indemnity for the Benefit of City.
a. Indemnification for Professional Liability. When the law
establishes a professional standard of care for Contracting Party’s Services, to
the fullest extent permitted by law, Contracting Party shall indemnify, protect,
defend (with counsel approved, with reasonable approval not to be withheld
by City), and hold harmless City and any and all of its officials, employees,
and agents (“Indemnified Parties”) from and against any and all claims, losses,
liabilities of every kind, nature, and description, damages, injury (including,
without limitation, injury to or death of an employee of Contracting Party or
of any subcontractor), costs and expenses of any kind, whether actual, alleged
or threatened, including, without limitation, incidental and consequential
damages, court costs, attorneys’ fees, litigation expenses, and fees of expert
consultants or expert witnesses incurred in connection therewith and costs of
investigation, to the extent same are caused in whole or in part by any
negligent or wrongful act, error or omission of Contracting Party, its officers,
agents, employees or subcontractors (or any entity or individual that
Contracting Party shall bear the legal liability thereof) in the performance of
professional services under this agreement. With respect to the design of
public improvements, the Contracting Party shall not be liable for any injuries
or property damage resulting from the reuse of the design at a location other
than that specified in Exhibit A without the written consent of the Contracting
Party.
b. Indemnification for Other Than Professional Liability. Other
than in the performance of professional services and to the full extent
permitted by law, Contracting Party shall indemnify, defend (with counsel
approved, with reasonable approval not to be withheld by City), and hold
harmless the Indemnified Parties from and against any liability (including
liability for claims, suits, actions, arbitration proceedings, administrative
proceedings, regulatory proceedings, losses, expenses or costs of any kind,
whether actual, alleged or threatened, including, without limitation, incidental
and consequential damages, court costs, attorneys’ fees, litigation expenses,
and fees of expert consultants or expert witnesses) incurred in connection
therewith and costs of investigation, where the same arise out of, are a
consequence of, or are in any way attributable to, in whole or in part, the
performance of this Agreement by Contracting Party or by any individual or
entity for which Contracting Party is legally liable, including but not limited to
officers, agents, employees, or subcontractors of Contracting Party.
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Exhibit F
Page 2 of 3
c. Indemnity Provisions for Contracts Related to Construction
(Limitation on Indemnity). Without affecting the rights of City under any
provision of this agreement, Contracting Party shall not be required to
indemnify and hold harmless City for liability attributable to the active
negligence of City, provided such active negligence is determined by
agreement between the parties or by the findings of a court of competent
jurisdiction. In instances where City is shown to have been actively negligent
and where City’s active negligence accounts for only a percentage of the
liability involved, the obligation of Contracting Party will be for that entire
portion or percentage of liability not attributable to the active negligence of
City.
d. Indemnification Provision for Design Professionals.
1. Applicability of this Section F.1(d). Notwithstanding
Section F.1(a) hereinabove, the following indemnification provision shall apply
to a Contracting Party who constitutes a “design professional” as the term is
defined in paragraph 3 below.
2. Scope of Indemnification. When the law establishes a
professional standard of care for Contracting Party’s Services, to the fullest
extent permitted by law, Contracting Party shall indemnify and hold harmless
City and any and all of its officials, employees, and agents (“Indemnified
Parties”) from and against any and all losses, liabilities of every kind, nature,
and description, damages, injury (including, without limitation, injury to or
death of an employee of Contracting Party or of any subcontractor), costs and
expenses, including, without limitation, incidental and consequential
damages, court costs, reimbursement of attorneys’ fees, litigation expenses,
and fees of expert consultants or expert witnesses incurred in connection
therewith and costs of investigation, to the extent same are caused by any
negligent or wrongful act, error or omission of Contracting Party, its officers,
agents, employees or subcontractors (or any entity or individual that
Contracting Party shall bear the legal liability thereof) in the performance of
professional services under this agreement. With respect to the design of
public improvements, the Contracting Party shall not be liable for any injuries
or property damage resulting from the reuse of the design at a location other
than that specified in Exhibit A without the written consent of the Contracting
Party.
3. Design Professional Defined. As used in this
Section F.1(d), the term “design professional” shall be limited to licensed
architects, registered professional engineers, licensed professional land
surveyors and landscape architects, all as defined under current law, and as
may be amended from time to time by Civil Code § 2782.8.
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Exhibit F
Page 3 of 3
F.2 Obligation to Secure Indemnification Provisions. Contracting
Party agrees to obtain executed indemnity agreements with provisions
identical to those set forth herein this Exhibit F, as applicable to the
Contracting Party, from each and every subcontractor or any other person or
entity involved by, for, with or on behalf of Contracting Party in the
performance of this Agreement. In the event Contracting Party fails to obtain
such indemnity obligations from others as required herein, Contracting Party
agrees to be fully responsible according to the terms of this Exhibit. Failure
of City to monitor compliance with these requirements imposes no additional
obligations on City and will in no way act as a waiver of any rights hereunder.
These obligations to indemnify and defend City as set forth in this Agreement
are binding on the successors, assigns or heirs of Contracting Party and shall
survive the termination of this Agreement.
71
72
City of La Quinta
CITY COUNCIL MEETING: December 4, 2018
STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTION TO INCREASE THE MINIMUM WAGE
RATE EFFECTIVE JANUARY 1, 2019, AND AMEND THE CITY’S FISCAL YEAR
2018/19 SALARY SCHEDULE
RECOMMENDATION
Adopt a resolution to increase the minimum wage rate effective January 1,
2019 and amend the City’s Fiscal Year 2018/19 Salary Schedule.
EXECUTIVE SUMMARY
The State of California minimum wage rate effective January 1, 2019 is
$12 per hour.
Part-time Recreation Leaders and Senior Recreation Leaders will be
affected by this change.
FISCAL IMPACT
This wage increase is an additional estimated cost of $7,400 to the Fiscal Year
2018-19 budget. Funds are available in the Contingency for Staffing Account
(101-1007-50115).
BACKGROUND/ANALYSIS
All employees in California must be paid the minimum wage as required by
state law. Effective January 1, 2019, the minimum wage for employers with
26 employees or more will increase to $12 per hour from the current $11. This
increase will affect 13 current part-time employees.
Employers in California are subject to both the federal and state minimum
wage laws. When there are conflicting requirements between the federal and
state laws, the employer must follow the stricter standard; that is, the one
that is the most beneficial to the employee. Since California's current law
requires a higher minimum wage rate than the federal law, all employers in
California who are subject to both laws must pay the state minimum wage
rate unless their employees are exempt under California law. This exemption
includes learners who are in their first 160 hours of employment in an
occupation that they have no previous experience. There are also exceptions
for employees who are mentally or physically disabled, and for nonprofit
CONSENT CALENDAR ITEM NO. 6
73
organizations such as sheltered workshops or rehabilitation facilities that
employ disabled workers.
The City’s Classification Plan and Salary Schedule were adopted via Council
Resolution 2018-053. Any amendments require Council action.
ALTERNATIVES
Council may elect to adopt a higher minimum wage rate wherein employees
would be paid the local wage that is higher than the state or federal minimum.
Prepared by: Angela Scott, Human Resources Manager
Approved by: Chris Escobedo, Community Resources Director
74
RESOLUTION NO. 2018 -
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, INCREASING
THE MINIMUM WAGE RATE EFFECTIVE JANUARY
1, 2019, AND AMEND THE CITY’S FISCAL YEAR
2018/19 SALARY SCHEDULE
WHEREAS, the City Council previously approved and adopted the
Classification Plan comprised of the Classification Specification schedule and
Fiscal Year 2018/19 Salary Schedule; and
WHEREAS, the City’s Personnel Policy Section 2.05, Preparation and
Amendment of Classification Plan, requires amendments to the Classification
Plan be adopted by a Resolution of the City Council; and
WHEREAS, the State of California minimum wage rate effective January
1, 2019 is $12 per hour.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of La Quinta, California, as follows:
SECTION 1. The City does hereby approve the increase in minimum
wage rate and adopt the revised Fiscal Year 2018/19 Salary Schedule,
attached hereto as Exhibit A and incorporated herein by reference.
SECTION 2. This Resolution shall become effective upon adoption. The
Fiscal Year 2018/19 Salary Schedule shall go into effect immediately.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta City Council held on this 4th day of December 2018, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
75
Resolution No. 2018-
Minimum Wage Increase
Adopted: December 4, 2018
Page 2 of 2
_______________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
__________________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
___________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
76
2018/19 NON-DISCRETIONARY SALARY SCHEDULEWORKING TITLEDBMSTEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7Administrative AssistantMaintenance Worker IParks WorkerA11 38,625.89$ 40,557.18$ 42,488.47$ 44,419.77$ 46,351.06$ Maintenance Worker IIA12 42,496.68$ 44,621.51$ 46,746.35$ 48,871.18$ 50,996.01$ Administrative TechnicianCommunity Resources CoordinatorManagement AssistantTraffic Signal TechnicianB21 50,249.87$ 52,762.36$ 55,274.86$ 57,787.35$ 60,299.84$ Account TechnicianBuilding Inspector ICode Compliance Officer IExecutive AssistantManagement AssistantPermit TechnicianVacation Rental/License AssistantB22 54,120.65$ 56,826.68$ 59,532.71$ 62,238.75$ 64,944.78$ Building Inspector IIBuildings CoordinatorCode Compliance Officer IIConstruction InspectorMaintenance & Operations TechnicianB23 57,991.44$ 60,891.01$ 63,790.59$ 66,690.16$ 69,589.73$ Community Resources SpecialistDeputy City ClerkJunior AccountantMaintenance ForemanManagement SpecialistParks ForemanB24 63,327.33$ 66,493.70$ 69,660.06$ 72,826.43$ 75,992.80$ AccountantDeputy City ClerkManagement SpecialistB25 69,893.33$ 73,387.99$ 76,882.66$ 80,377.33$ 83,871.99$ Animal/Code Officer SupervisorBuildings SuperintendentParks SuperintendentPlans Examiner/Inspector SupervisorB32 69,893.33$ 73,387.99$ 76,882.66$ 80,377.33$ 83,871.99$ Marketing Management Coordinator C41 72,354.59$ 75,369.61$ 78,384.62$ 81,399.64$ 84,414.65$ 87,426.05$ 90,443.24$ Associate PlannerBusiness AnalystCommunity Resources AnalystSr. Emergency Management CoordinatorFinancial Services AnalystHuman Resources AnalystManagement AnalystPublic Safety AnalystSenior AccountantTraffic Operations AnalystC42 76,552.63$ 79,742.57$ 82,932.52$ 86,122.47$ 89,312.42$ 92,498.54$ 95,690.78$ ANNUAL NON-DISCRETIONARY STEPSCity Council Approval 6/19/18, 7/17/18, 10/16/18, 11/6/18, 11/20/181 OF 2Effective 6/25/18, Revised 7/17/18, 10/17/18, 11/10/18, 1/1/19EXHIBIT AEXHIBIT A 77
78
2018/19 NON-DISCRETIONARY SALARY SCHEDULEWORKING TITLEDBMSTEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7ANNUAL NON-DISCRETIONARY STEPSAssociate EngineerConstruction Manager/Inspection SupervisorManagement AnalystC43 80,750.66$ 84,115.54$ 87,480.42$ 90,845.30$ 94,210.18$ 97,571.02$ 100,938.33$ Senior Planner C44 86,007.66$ 89,591.60$ 93,175.54$ 96,759.48$ 100,343.41$ 103,923.05$ 107,509.57$ Assistant to the City ManagerBuilding OfficialCommunity Resources ManagerHuman Resources ManagerMaintenance ManagerPlanning ManagerPublic Safety ManagerSenior Civil EngineerD61 97,568.01$ 101,633.67$ 105,699.33$ 109,764.99$ 113,830.65$ 117,891.43$ 121,960.01$ City Clerk D62 102,446.41$ 106,715.35$ 110,984.30$ 115,253.24$ 119,522.18$ 123,786.00$ 128,058.01$ City Engineer D65 117,524.43$ 122,421.68$ 127,318.92$ 132,216.16$ 137,113.41$ 142,004.77$ 146,905.54$ Community Resources DirectorDesign & Development DirectorFacilities DirectorFinance Director/City TreasurerE82 129,570.69$ 134,969.90$ 140,369.11$ 145,768.32$ 151,167.53$ 156,560.26$ 161,963.36$ City Manager F101* 176,293.44$ 183,639.59$ 190,985.74$ 198,331.88$ 205,678.03$ 213,015.36$ 220,366.80$ Part-Time Employees DBM STEP 1 STEP 2 STEP 3 STEP 4 STEP 5Recreation LeaderA01Hourly$11.00$11.55$12.10$12.65$13.20Recreation LeaderA01 Hourly$12.00$12.60$13.20$13.80$14.40Senior Recreation LeaderA02Hourly$15.00$15.75$16.50$17.25$18.00Senior Recreation LeaderA02 Hourly$16.00$16.80$17.60$18.40$19.20Administrative AssistantA11 Hourly$18.57$19.50$20.43$21.36$22.28Administrative TechnicianB21 Hourly $24.16$25.37$26.57$27.78$28.99Software Program Report WriterB24 Hourly$30.45$31.97$33.49$35.01$36.53Elected Official PositionsMayorCouncil MembersBoards and Commission MembersCommunity Services Commission$75.00Construction Appeals Board$0.00Housing Commission$50.00Financial Advisory Commission $75.00Oversight Board$0.00Planning Commission $100.00Per MeetingPer Meeting$2,300.00Meeting StipendPer MeetingPer MeetingPer MeetingPer MeetingMonthly $2,800.00City Council Approval 6/19/18, 7/17/18, 10/16/18, 11/6/18, 11/20/182 OF 2Effective 6/25/18, Revised 7/17/18, 10/17/18, 11/10/18, 1/1/1979
80
City of La Quinta
CITY COUNCIL MEETING: December 4, 2018
STAFF REPORT
AGENDA TITLE: AUTHORIZE CONTRACTING WITH PACIFIC WEST AIR
CONDITIONING, INC. FOR UP TO $100,000 OF WORK FOR FISCAL YEAR
2018/19
RECOMMENDATION
Authorize contracting with Pacific West Air Conditioning, Inc. for up to $100,000
of work for fiscal year 2018/19.
EXECUTIVE SUMMARY
•Per the purchasing policy, amounts paid to vendors/contractors over
$50,000 must be approved by Council.
•Pacific West Air Conditioning, Inc. (Pac West) is a sole source for the i-vue
system and air handlers.
•Staff requests authority to contract for up to $100,000 of work from Pac
West.
FISCAL IMPACT
Up to $100,000 would be charged in increments, to the appropriate account(s)
as needed, during 2018/19.
BACKGROUND/ANALYSIS
Pac West provides quality work and is a sole source vendor for the i-vue system
and air handlers installed in City Hall, the Library and Museum.
The purchasing policy requires Council approval for purchases and/or contracts
over $50,000. Staff requests authorization to contract with Pac West for up to
$100,000 of work should services be required in the 2018/19. Staff requests this
authorization so that work can be performed in a timely manner without
continually seeking Council authorization for each small contract. Doing this
would not circumvent the City’s Purchasing Policy as Pac West is identified as a
sole source vendor.
ALTERNATIVES
Council could approve future work awarded to Pac West on a per project basis,
however, this approach may delay work schedules.
Prepared by: Dianne Hansen, Management Assistant
Approved by: Steve Howlett, Facilities Director
BUSINESS SESSION ITEM NO. 1
81
82
City of La Quinta
CITY COUNCIL MEETING: December 4, 2018
STAFF REPORT
AGENDA TITLE: DISCUSS SMALL CELL TECHNOLOGY ZONING STANDARDS
RECOMMENDATION
Discuss potential Zoning Ordinance amendments for Small Cell Technology.
EXECUTIVE SUMMARY
xWireless providers are using Small Cell technology to fill gaps in service,
improve connections for wireless devices, and deploy new types of
wireless service.
x Small cell facilities are usually mounted on existing power poles, light
poles or traffic signal poles.
xIn advance of anticipated applications for these facilities, staff
recommends amending the Zoning Ordinance to control their
appearance.
BACKGROUND/ANALYSIS
Small cell technology is evolving at a rapid rate and is expected to supersede
the need for free standing cell towers (usually mono-palms in La Quinta). The
technology is usually 3 feet in height and generally installed on top of existing
poles, or on new telephone poles if a utility pole or street light is not available.
This configuration may change as this technology continues to evolve.
The Federal Communications Commission (FCC) has adopted regulations
to compel an expedited review of Small cell facilities and limit the
local government’s discretion when imposing certain aesthetic and other
types of regulations on these applications. One purpose of this item is to
solicit input regarding the design criteria the City may want to impose on
these facilities.
STUDY SESSION ITEM NO. 1
83
The Good, The Bad and The Ugly
Two early versions of small cells are located in the City – one at Park Drive
and Avenue 50, and one north of the Avenue 52 roundabout on Jefferson
Street, both shown below. When not screened, they can present an
unacceptable aesthetic appearance.
Small cells, when properly screened, can be unobtrusive. Because they are
small, they can be placed on multiple locations, including every street corner.
Small cell facilities can be imperceptible when stealth or shrouded
technologies are used.
Other Considerations
The City’s Traffic Operations team is considering options to minimize visual
intrusion on City streets as other technologies are vying for space on light
poles and traffic signals, including emergency response equipment and traffic
cameras. Balancing the needs to be wirelessly connected and safe, while
preserving the visual environment, is the City’s goal.
Small cell facilities will be subject to the same construction requirements as
any wireless facility. Specifically, the provider must demonstrate (during the
building permit process) that the pole can structurally support the equipment;
the equipment will not affect the pole’s wind load capacity (the pole must be
upgraded to meet these standards); and the equipment will be serviced by an
independent, fully-screened/undergrounded power source separate from the
City’s power connection.
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Zone Text Amendments
The Zoning Ordinance does not address small cell facilities. Staff has drafted
standards (Attachment 1), which would provide minimum standards without
unduly encumbering applicants. These standards focus on appearance and
placement, and would:
1.Limit their location to the top of, or within the top 5 feet of an existing
utility pole, light pole, traffic signal or structure.
2.Limit their size to 12 inches in diameter and 36 inches in height.
3.Require that all equipment be screened.
As currently written, Attachment 1 limits small cell facilities to existing power
poles, street lights, traffic lights and structures.
Prepared by: Nicole Sauviat Criste, Consulting Planner
Approved by: Danny Castro, Design and Development Director
Attachment: 1. Proposed Code Amendment Language for Small Cell
Facilities L.Q.M.C. Chapter 9.170
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9.170.10 Purpose.
The purpose of this chapter is to provide a uniform and comprehensive set of standards for the
development of wireless telecommunication facilities. The regulations contained herein are
intended to protect and promote public health, safety, and welfare and the aesthetic quality of the
city while providing reasonable opportunities for telecommunication services to provide such
services in a safe, effective and efficient manner. These regulations are intended to address the
following community concerns:
A.To minimize adverse visual effects of towers and accessory buildings associated
with wireless telecommunication facilities through careful design, siting and vegetative
screening;
B.To avoid potential damage to adjacent properties from tower failure through engineering
and careful siting of tower structures;
C.To lessen traffic impacts on surrounding residential districts;
D.To maximize use of any new and existing telecommunication tower and to reduce the
number of towers needed;
E.To ensure radio frequency radiation is in compliance with federal requirements; and
F.To allow new telecommunication towers in residential areas only if a comparable site is
not available outside residential areas. (Ord. 550 § 1, 2016)
9.170.020 Definitions.
“Antenna” means any system of wires, poles, rods, panels, reflecting discs or similar devices used
for the transmission or reception of radio frequency electromagnetic waves when such system is
external or attached to the exterior of a structure.
“Building-mounted” means any antenna, or other antenna associated support equipment
resting on the ground, directly attached or affixed to the side of a building, tank, tower or
other structure other than a telecommunication tower.
“Co-location” means the placement of two or more wireless telecommunication facilities service
providers sharing one support structure or building for the location of their facilities.
“Existing facilities” means an existing structure located in the public right-of-way or a building
with an approved site development permit and/or an existing telecommunication facility with a
previously approved conditional use permit.
“FAA” means the Federal Aviation
Administration. “FCC” means the Federal
Communication Commission.
“FCC OET Bulletin 65” refers to the Federal Communication Commission Office of
Engineering and Technology Bulletin 65 entitled “Evaluating Compliance with FCC
Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields.”
“Freestanding towers” include all telecommunication towers used in association with the
mounting and/or placement of antenna and associated equipment.
ATTACHMENT 1
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“General population” means all persons who are not direct family members, relatives, or
employees of the owner or operator of a source of NIER of the owner or other users of the site of an
NIER source.
“Ground-mounted” means an antenna or other antenna associated support equipment with its
support structure placed directly on the ground.
“Hand-held source” means a transmitter normally operated while being held in the hands of the user.
“Height of antenna above grade or ground” means the vertical distance between the highest
point of the antenna and the finished grade directly below this point.
“Highest calculated NIER level” means the NIER predicted to be highest with all sources
of NIER operating.
“Lattice tower” means a three or more legged open structure designed and erected to support
wireless telecommunication antennas and connecting appurtenances.
“Monopole” means a single pole structure designed and erected to support wireless
telecommunication antennas and connecting appurtenances.
“Roof-mounted” means an antenna directly attached to the roof of an existing building, water tank,
tower or structure other than a telecommunication tower.
“Satellite dish” means any device incorporating a reflective surface that is solid, open mesh or bar
configuration, that is shallow dish, cone, horn, bowl or cornucopia shaped and is used to transmit
and/or receive electromagnetic or radio frequency communication/signals in a specific directional
pattern.
“Shared capacity” means that capacity for shared use whereby a tower can accommodate multiple
users simultaneously. Tower height, antenna weight, design and the effects of wind are prime
determinants of capacity.
“Small cell facilities ” means any wireless telecommunication facility that meets the following exact
conditions:
1.The structure on which antenna facilities are mounted –
a.is 50 feet or less in height, or
b.is no more than 10 percent taller than other adjacent structures, or
c.is not extended to a height of more than 50 feet or by more than 10 percent
above its preexisting height as a result of the collocation of new antenna
facilities; and
2.Each antenna associated with the deployment (excluding the associated equipment
with that specific antenna) is no more than three cubic feet in volume; and
3.All antenna equipment associated with the small cell facility’s antennas (but,
excluding the antennas themselves) are cumulatively no more than 28 cubic feet in
volume; and
4.The facility does not require antenna structure registration under 47 CFR Part 17; and
5.The facility is not located on Tribal lands, as defined under 36 CFR 800.16(x); and
6.The facility does not result in human exposure to radiofrequency radiation in excess
of the applicable safety standards specified in FCC Rule 1.1307(b).
“Sole-source emitter” means one or more transmitters only one of which normally
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transmits at a given instant.
“Stealth” means improvements or treatments added to a wireless telecommunication facility which
mask or blend the proposed facility into the existing structure or visible backdrop in such a manner
as to minimize its visual impacts, or any design of a wireless telecommunication facility to achieve
same. Stealth designs may utilize, but does not require, concealment of all components of a
facility. Examples of stealthing include, but are not limited to, the design and construction of a
tower so that it is disguised as a flagpole, tree, palm or sculpture, or the incorporation of colors and
design features of nearby structures.
“Telecommunication tower” means a monopole or lattice tower.
“Wireless telecommunication facility or facilities” means any structure, antenna, pole,
equipment and related improvements, the primary purpose of which is to support the
transmission and/or reception of electromagnetic signals, including, but not limited to,
telecommunication towers.
“Vehicle source” means a transmitter regularly used in vehicles that normally move about.
9.170.30 Permitted locations.
Location Preferences. Location preferences are provided in furtherance of the purpose of this
chapter, as set forth under Section 9.170.010. To the maximum extent feasible, new
telecommunication facilities shall be located according to the following preferences, with the most
preferred sites listed first:
A.Major community facilities (MC), parks and recreation (PR), and industrial (I) zoning
districts;
B.All commercial zoning districts;
C.Very-low density (VRL), residential low density (RL), medium density residential
(RM), and medium high density residential (RMH) zoning districts;
D.High density residential (RH); and
E.Open space (OS) and floodplain (FP) zoning districts.
9.170.040 Applicability.
This chapter shall apply to all wireless telecommunication facilities for the transmission and/or
reception of wireless radio, television, and other telecommunication signals including, but not
limited to, commercial wireless communication systems such as cellular and paging systems,
except those facilities defined in this chapter as exempt facilities. (Ord. 550 § 1, 2016)
9.170.50 Exemption.
The following uses are exempt from this chapter but may be regulated by other sections of the
municipal code:
A.Portable hand-held devices and vehicular transmission;
B.Industrial, scientific and medical equipment operating at frequencies designated for that
purpose by the FCC;
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C.Government-owned communication facilities used primarily to protect health, safety and
welfare;
D.Facilities operated by providers of emergency medical services, including hospital,
ambulance and medical air transportation services, for use in the provision of those
services;
E.A source of nonionizing electromagnetic radiation with an effective radiated power of
seven watts or less;
F.A sole-source emitter with an average output of one kilowatt or less if used for amateur
purposes, such as CB radios;
G.Goods in storage or shipment or on display for sale, provided the goods are not operated
except for occasional testing or demonstrations;
H.Amateur or “ham” radio equipment;
I.Satellite receiving dishes regulated by Sections 9.60.080 and 9.100.070; and
J.Any facility specifically exempted under federal or state law.
9.170.60 Approval standards.
A.Except as specifically otherwise noted, Ggeneral approval standards for all
telecommunication facilities include:
1.Compliance with all federal and state statutes, including, but not limited to,
FCC licensing, NIER levels, and FAA requirements;
2.Addition of the planned equipment to an existing or approved tower shall not
result in NIER levels in excess of those permitted by the FCC;
3.Antennas, equipment, and all ancillary components shall be stealth to the
maximum extent feasible.
B.Telecommunication Tower Provisions.
1.All towers shall incorporate stealth/camouflaged design(s) to the maximum extent
feasible, to avoid adverse visual impacts to the surrounding properties and the
community as a whole.
2.The base of the tower shall comply with the setback standards in the underlying
zoning district, except where additional setbacks under subsection (B)(7) apply.
3.Towers shall not be located within primary image corridors as designated in the general
plan.
4.If a telecommunication tower is located adjacent to any of the city’s designated
image corridors, as identified in the city’s general plan, the tower’s height shall
conform to the height limitations as identified in the city’s general plan.
5.All new towers shall be designed at the minimum height functionally
required. No new telecommunication tower shall exceed one hundred feet in
height.
6.The proposed tower shall be designed structurally to accommodate the maximum
number of foreseeable users, including all potential co-location scenarios.
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7.All accessory structures associated with a tower shall comply with the setback
standards in the underlying zoning district.
8.Any guy-wire anchors shall be set back twenty-five feet from any property lines.
9.Towers shall not be artificially lighted unless required by the FAA or state aeronautics
division.
10.Existing on-site vegetation shall be preserved to the maximum extent feasible.
C.Roof-Mounted and Building-Mounted Telecommunication Facilities.
1.All building-mounted facilities shall comply with Section 9.100.050 of this code.
2.Equipment shall not be visible to surrounding properties.
3.All equipment shall blend or architecturally match the existing design of the building.
Elements used to screen roof-mounted or building-mounted equipment shall not appear as
“add-on” elements to the existing building.
CI.Small Cell Facilities
4.1. All small cell facilities shall be required to meet the following standards:
- Painted or treated to match the pole and/or structure on which it is to be located.
- All wiring shall be enclosed within the antenna, pole and/or structure so that it is not
visible from the right-of-way or neighboring parcels.
- All antennas shall not exceed 12 inches in diameter and 36 inches in height.
- All ground-mounted equipment shall be fully screened in equipment cabinets
integrated within the base of the pole or in a permanent cabinet located within the
landscaped parkway.
-All small cell facilities shall incorporate stealth/camouflaged design(s) to the maximum
extent feasible, and as allowed by pertinent law, to avoid adverse visual impacts to the
surrounding properties and the community as a whole.
2. Small cell facilities shall only be mounted on the top of, or within the top 5 feet of an
existing power pole, street light or traffic signal pole or other structure. New poles
purpose-built for a small cell facility are not permitted.
3. AppurtenantThe associated equipment (as that term is used in the definition of small cell
facilities) shall be located within the base of the pole on which the small cell is located,
only if such equipment does not impede the path of travel or reduce a sidewalk to a
width narrower than that required by the Americans with Disabilities Act (ADA) and/or
Building Code in effect at the time. If appurtenant equipment is to be located in a
ground-mounted cabinet, it shall be placed on a permanent foundation in the
landscaped parkway of the public right of way, and shall be screened by landscaping to
the satisfaction of the Director.
4. Small cell facility applicants must be in possession of an approved, fully executed lease
with the City of La Quinta prior to filing an application in conformance to Section
9.170.70.
5. Small cell facilities are not subject to Section 9.170.60(A)(E).
D.E. Other Facilities. Other facilities are described as those telecommunication facilities
that do not fit the descriptions above. These facilities may include, but are not limited to, rock
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features and other wireless telecommunication facility designs. All telecommunication
facilities shall be stealth to the maximum extent feasible.
9.170.70 Application.
All new telecommunication facilities shall require a conditional use permit. Modifications and/or
additions to approved existing telecommunication facilities shall require a minor use permit for
director approval. All modifications and/or additions shall be reviewed on a case-by-case basis.
Upon review of an application for modification and/or additions to an existing facility, the director
may schedule the proposal for a hearing with the planning commission. In all cases, unless
otherwise waived by the director, an application for approval of a wireless telecommunication
facility shall include, at a minimum:
A.A site plan or plans drawn to scale and identifying the site boundaries; tower(s); guy
wires; existing and proposed facilities; vehicular parking and access; existing vegetation to be
added, retained, removed or replaced; and uses, structures and land use and zoning
designations on the site and abutting parcels.
B.A plan drawn to scale showing proposed landscaping, including species type, size,
spacing and other features.
C.Photo simulations showing the proposed wireless telecommunication facility and
surrounding features. Photo simulations shall include at least three different angles of
the proposed facility at different distances from the location, including before and after
visualizations.
D.RF maps showing all existing wireless telecommunication facilities within a ten-mile
radius of the proposed facility. The RF maps shall show existing coverage without the
proposed site, predicted coverage with the proposed site and existing sites, and the predicted
coverage of only the proposed site. RF maps shall show the predicted coverage for indoor,
in vehicle, and outside service.
E.The applicant shall provide a project information and justification letter. The letter shall
provide the project location, contact information, a project description and project objectives,
alternative site analysis and justification for why the proposed site was chosen over existing
sites. The letter shall include justification for the selected site and a benefits summary on how
the proposed site will improve wireless telecommunication access in the community.
F.A structural report from a California registered structural engineer. The report shall
provide the following information:
1.Describe the tower and the technical, economic and other reasons for the tower design;
2.Demonstrate that the tower complies with the applicable structural standards;
3.Describe the capacity of the tower, including the number and type of antennas
that it can accommodate and the basis for the calculation of capacity;
4.Show that the tower complies with the capacity requested under Section 9.170.060; and
5.Demonstrate that the proposed sources of NIER are incompliance with FCC guidelines.
G.The applicant shall request the FAA, FCC, and state aeronautics division to provide a
written statement that the proposed tower complies with applicable regulations administered
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by that agency or that the tower is exempt from those regulations. If each applicable agency
does not provide a requested statement after the applicant makes a timely, good-faith effort
to obtain it, the application will be accepted for processing. The applicant shall send any
subsequently received agency statements to the director.
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H.Evidence that the tower complies with Section 9.170.060(A) and a letter of intent to lease
excess space on the tower and excess land on the tower site except to the extent reduced
capacity is required under Section 9.170.060.
I.The applicant shall provide a draft copy of the lease agreement between the tower
operator and the property owner to the planning division. Financial information may be
blocked out.
J.A letter of intent, committing the tower owner and his or her successor in interest to:
1.Respond in a timely, comprehensive manner to any request, required under Section
9.170.060, for information from a potential shared-use applicant, the tower owner may
charge a party requesting information under this section to pay a reasonable fee not in
excess of the actual cost of preparing a response.
2.Negotiate in good-faith or shared use by third parties; an owner generally will
negotiate in the order in which requests for information are received, except an owner
generally will negotiate with a party who has received an FCC license or permit before
doing so with other parties.
3.Allow shared use if an applicant agrees in writing to pay charges and to comply with
conditions described in this section.
9.170.80 Operations and maintenance.
A.All new telecommunication towers shall be designed within the applicable
American National Standards Institutes (ANSI) standards.
B.No wireless telecommunication facility or combination of facilities shall produce, at any
time, power densities that exceed current FCC adopted standards for human exposure to RF
(Radio Frequency Radiation Exposure Standards) fields. Failure to comply with FCC
Standards will result in the immediate cessation of operation of the wireless
telecommunication facility.
C.Each telecommunication facility will be subject to a ten-year review by the planning
commission. The review will determine whether or not the originally approved
telecommunication facility and accessory equipment are still in compliance with the
conditions of approval, and that all radio frequencies are in compliance with FCC OET
Bulletin 65. This report shall be prepared by a qualified licensed engineer.
D.All wireless telecommunication facilities shall be installed and maintained in compliance
with the requirements of the Uniform Building Code, National Electrical Code, the city’s
noise ordinance, and other applicable codes, as well as other restrictions specified in the
permit and this section. The facility operator and the property owner shall be responsible for
maintaining the facility in good condition, which shall include, but not be limited to,
regular cleaning, painting, and general upkeep and maintenance of the site.
E.All wireless telecommunication facilities and related support equipment shall be designed
to prevent unauthorized persons from accessing and/or climbing upon any wireless
telecommunication facility or appurtenance thereto. Fences, walls, and other landscape
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materials shall be installed to prevent unauthorized persons from accessing and/or climbing a
wireless telecommunication facility.
F.All wireless telecommunication facility operators are required to notify the city of La
Quinta’s planning division within sixty days of any change of ownership of the facility.
9.170.90 Required findings of approval.
The following findings shall be made by the planning commission and/or director prior to approval
of any wireless telecommunication facility:
A.Consistency with General Plan. The wireless telecommunication facility is consistent with
the goals, objectives and policies of the general plan;
B.Public Welfare. Approval of the wireless telecommunication facility will not create
conditions materially detrimental to the public health, safety and general welfare;
C.The proposed wireless telecommunication facility minimizes adverse visual impacts
through careful design and site placement;
D.The proposed wireless telecommunication facility is designed at the minimal height to
achieve the service provides objectives for coverage within this portion of the community;
E.The proposed wireless telecommunication facility is necessary, as shown in the
applicant’s justification letter, to improve community access to wireless service.
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City of La Quinta
CITY COUNCIL MEETING
DEPARTMENT REPORT
TO: Madam Mayor and Members of the City Council
FROM: Frank J. Spevacek, City Manager
DATE: December 4, 2018
SUBJECT: SILVERROCK RESIDENT TEE TIMES
In April 2017, Council approved covenants wherein one-third of the
SilverRock golf tee times would be reserved for residents and these resident
tee times could be secured seven days in advance. This approach was
recommended to ensure that residents could access preferred tee times
during peak demand periods generated by golf patrons staying at the
Montage and Pendry hotels. Staff did not recommend instituting this
practice before these hotels opened because residents could secure prime
tee times during the high season and operating revenues would be
impacted.
At the September 18, 2018 Council meeting, Mark Johnson spoke during
Public Comment and requested that the City immediately institute the
aforementioned preferred resident tee times. On September 29, 2018
Mr. Chris Brannigan transmitted an email to Council, Landmark, Robert
Green and staff in support of Mr. Johnson’s request; I responded by
stating that Jon McMillen would be working with Landmark and staff to
identify the fiscal impact of implementing this request before the hotels
opened and would schedule this matter for Council consideration.
Unfortunately, the demands associated with amending agreements and
closing the SilverRock financing, and Washington Street Apartment tenant
matters, delayed this analysis. On October 20, 2018 Mr. Johnson
submitted an email again requesting immediate implementation of the
preferred resident tee times.
Mr. McMillen is working with Landmark to analyze data from the 2018 peak
season to identify impacts implementing this request would have on golf
operations income. This analysis will be complete and scheduled for Council
consideration at the December 18, 2018 Council meeting.
DEPARTMENTAL REPORT ITEM NO. 1-A
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City of La Quinta
CITY COUNCIL MEETING
DEPARTMENT REPORT
TO: Madam Mayor and Members of the City Council
FROM: Marcie Graham, Management Coordinator
DATE: December 4, 2018
SUBJECT: LA QUINTA ARTS FOUNDATION MARKETING CO-OP REQUEST
The City of La Quinta is in discussions with the La Quinta Arts Foundation
(LQAF) on a marketing co-op to promote their 2019 La Quinta Arts Festival.
The City has offered $34,000 in the following marketing opportunities to LQAF:
•Digital campaign in San Diego and Orange County – Digital campaign
would include display programmatic ads, display prospecting ads based
on LQAF’s demographic, Facebook Prospecting ads, and Instagram
Remarketing ads from December 2018 through March 10, 2019. Value:
$10,000
•Social Media campaign: social media posts promoting the event and
driving traffic to ticket sales on Facebook, Instagram and Twitter.
Campaign would run from December 2018 through March 10, 2019
Value: $7,000
•Theater ad at Century XD La Quinta – December 2018 through March
10, 2019 with full exclusivity on all screens. Value: $5,000
•Los Angeles Magazine –1/2 page ad in February 2019 Value: $12,000
Staff will be meeting with LQAF to finalize details and begin the campaign by
December.
DEPARTMENTAL REPORT ITEM NO. 1-B
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COUNCIL MEETING - DECEMBER 4, 2018 - HANDOUT BY DEBORAH McGARREY OF SO. CAL GAS CO. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - "A BALANCED ENERGY APPROACH THAT CAN WORK FOR EVERYONE"
COUNCIL MEETING - DECEMBER 4, 2018 - HANDOUT BY DEBORAH McGARREY OF SO. CAL GAS CO. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - "A BALANCED ENERGY APPROACH THAT CAN WORK FOR EVERYONE"
COUNCIL MEETING - DECEMBER 4, 2018 - HANDOUT BY DEBORAH McGARREY OF SO. CAL GAS CO. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - "A BALANCED ENERGY APPROACH THAT CAN WORK FOR EVERYONE"
COUNCIL MEETING - DECEMBER 4, 2018 - HANDOUT BY DEBORAH McGARREY OF SO. CAL GAS CO. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - "A BALANCED ENERGY APPROACH THAT CAN WORK FOR EVERYONE"
COUNCIL MEETING - DECEMBER 4, 2018 - HANDOUT BY DEBORAH McGARREY OF SO. CAL GAS CO. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - "A BALANCED ENERGY APPROACH THAT CAN WORK FOR EVERYONE"
COUNCIL MEETING - DECEMBER 4, 2018 - HANDOUT BY DEBORAH McGARREY OF SO. CAL GAS CO. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - "A BALANCED ENERGY APPROACH THAT CAN WORK FOR EVERYONE"
COUNCIL MEETING - DECEMBER 4, 2018 - HANDOUT BY DEBORAH McGARREY OF SO. CAL GAS CO. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - "A BALANCED ENERGY APPROACH THAT CAN WORK FOR EVERYONE"
12/4/2018
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City Council Meeting
December 4, 2018
City Council Meeting
December 4, 2018
S1 -Small Cell Wireless Facilities
12/4/2018
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Purpose
•Small Cell technology fills service gaps
•Small Cell equipment is typically mounted on
power poles, light or traffic signal poles
•Zoning amendment considerations
Unregulated – Visual Blight
12/4/2018
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Regulated ‐ Unobtrusive
Proposed Zoning Amendments
•Minimum standards
–Limit location to top of, or within top 5 feet of an
existing light pole or traffic signal
–Limit size to 12 inches in diameter and 36 inches
in height
–Require equipment to be screened
12/4/2018
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