2015 12 01 CC4 441thit
City Council agendas and staff reports
are now available on the City's web
page: www.ia-quinta.org
CALL TO ORDER
CITY COUNCIL
AGENDA
CITY HALL COUNCIL CHAMBERS
78-495 Calle Tampico, La Quinta
REGULAR MEETING ON TUESDAY, DECEMBER 1, 2015
3:00 P.M. CLOSED SESSION 4:00 P.M. OPEN SESSION
ROLL CALL: Councilmembers: Franklin, Osborne, Pena, Radi, Mayor Evans
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).
CONFIRMATION OF AGENDA
CLOSED SESSION
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION SECOND QUARTERLY REVIEW)
PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL APPOINTED
POSITION - CITY MANAGER
RECESS TO CLOSED SESSION
RECONVENE AT 4:00 P.M.
REPORT ON ACTIONS(S) TAKEN IN CLOSED SESSION
PLEDGE OF ALLEGIANCE
CITY COUNCIL AGENDA 1
DECEMBER 1, 2015
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
At this time, members of the public may address the City Council on any matter not listed on
the agenda. Please complete a "Request to Speak" form and limit your comments to three
minutes. The City Council values your comments; however in accordance with State law, no
action shall be taken on any item not appearing on the agenda unless it is an emergency item
authorized by GC 54954.2(b).
ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS
1. PROCLAMATION FOR RETIRING FIRE BATTALION CHIEF ALEX GREGG
2. PRESENTATION OF VETERAN'S DAY CERTIFICATE TO HOWARD HASSETT
CONSENT CALENDAR
NOTE: Consent Calendar items are routine in nature and can be approved by one motion.
PAG E
1. APROVE MINUTES OF NOVEMBER 17, 2015
2. ACCEPT FISCAL YEAR 2015/16 SLURRY SEAL PROGRAM, PAVEMENT
MANAGEMENT PLAN STREET IMPROVEMENTS PROJECT
BUSINESS SESSION
1. APPROVE MEMORANDUM OF UNDERSTANDING AND AGREEMENT
FOR PURCHASE AND SALE OF PROPERTY WITH THE OLD TOWN
ARTISAN STUDIO
2. INTRODUCE FOR FIRST READING AN ORDINANCE ADDING
CHAPTER 5.90 TO THE LA QUINTA MUNICIPAL CODE TO PROHIBIT
CANNABIS RELATED USES AND COMMERCIAL CANNABIS
ACTIVITIES, AND MAKING A FINDING OF EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT [ORDINANCE 531]
3. INTRODUCE FOR FIRST READING AN ORDINANCE ADDING
CHAPTER 11.98 TO THE LA QUINTA MUNICIPAL CODE FOR
EMERGENCY ACCESS TO GATED COMMUNITIES BY LAW
ENFORCEMENT; AND MAKING A FINDING OF EXEMPTION UNDER
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT [ORDINANCE 532]
4. SELECT A MAYOR PRO TEMPORE TO SERVE ONE YEAR
CITY COUNCIL AGENDA 2
DECEMBER 1, 2015
PAG E
5. ANNUAL COUNCIL APPOINTMENTS TO SERVE ON OUTSIDE
AGENCIES FOR 2016
6. ADOPT RESOLUTION TRANSFERING AND ACCEPTING PROPERTY
WITH THE LA QUINTA HOUSING AUTHORITY [RESOLUTION 2015-057]
7. RECEIVE AND FILE FISCAL YEAR 2014/15 GENERAL FUND YEAR-
END BUDGET REPORT
STUDY SESSION - NONE
PUBLIC HEARINGS - 5:00 P.M.
For all Public Hearings on the agenda, a completed "Request to Speak" form must be filed with
the City Clerk prior to consideration of that item.
A person may submit written comments to City Council before a public hearing or appear in
support or opposition to the approval of a project(s). If you challenge a project(s) in court, you
may be limited to raising only those issues you or someone else raised at the public hearing or
in written correspondence delivered to the City at, or prior to the public hearing.
1. ADOPT RESOLUTION APPROVING USE OF FISCAL YEAR 2016/2017
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZE
CITY MANAGER TO SUBMIT APPLICATIONS TO RIVERSIDE COUNTY
ECONOMIC DEVELOPMENT AGENCY [RESOLUTION 2015-058]
DEPARTMENTAL REPORTS
1. CITY MANAGER — TURKEYS/HAMS FOR FAMILIES IN NEED 129
2. CITY ATTORNEY
3. CITY CLERK
4. COMMUNITY DEVELOPMENT
A. UPDATE ON DRAFT MODEL WATER EFFICIENCY LANDSCAPE 131
ORDINANCE
B. COACHELLA VALLEY WIND UP — SAXONY CONVENTION CENTER 179
5. COMMUNITY SERVICES
A. LIBRARY AND MUSEUM QUARTERLY REPORT 183
MAYOR'S AND COUNCIL MEMBER'S ITEMS
REPORTS AND INFORMATIONAL ITEMS
1. CVAG COACHELLA VALLEY CONSERVATION COMMISSION (Evans)
CITY COUNCIL AGENDA 3
DECEMBER 1, 2015
2. CVAG ENERGY & ENVIRONMENTAL RESOURCES COMMITTEE (Evans)
3. CVAG EXECUTIVE COMMITTEE (Evans)
4. GREATER PALM SPRINGS CONVENTION & VISITORS BUREAU (Evans)
5. LEAGUE OF CALIFORNIA CITIES DELEGATE (Evans)
6. COACHELLA VALLEY WATER DISTRICT POLICY COMMITTEE (Evans)
7. SO. CALIFORNIA ASSOCIATION OF GOVERNMENTS (Evans)
8. CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (Franklin)
9. COACHELLA VALLEY MOUNTAINS CONSERVANCY (Franklin)
10. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (Franklin)
11. SUNLINE TRANSIT AGENCY (Franklin)
12. CHAMBER OF COMMERCE INFO EXCHANGE COMMITTEE (Osborne)
13. CVAG PUBLIC SAFETY COMMITTEE (Osborne)
14. CVAG VALLEY -WIDE HOMELESSNESS COMMITTEE (Osborne)
15. DESERT SANDS SCHOOL DISTRICT COMMITTEE (Osborne & Franklin)
16. IID ENERGY CONSUMERS' ADVISORY COMMITTEE (Osborne)
17. EAST VALLEY COALITION (Osborne)
18. ANIMAL CAMPUS COMMISSION (Pena)
19. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) (Radi)
20. CVAG TRANSPORTATION COMMITTEE (Radi)
21. COACHELLA VALLEY UNIFIED SCHOOL DISTRICT COMMITTEE (Franklin & Radi)
ADJOURNMENT
*********************************
The regular meeting of January 5, 2016 has been cancelled.
The next regular meeting of the City Council will be held on January 19, 2016
commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. at the City
Hall Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253.
DECLARATION OF POSTING
I, Susan Maysels, City Clerk, of the City of La Quinta, do hereby declare that the
foregoing Agenda for the La Quinta City Council meeting was posted on the City's
website, near the entrance to the Council Chambers at 78-495 Calle Tampico, and the
bulletin boards at the Stater Brothers Supermarket at 78-630 Highway 111, and the La
Quinta Cove Post Office at 51-321 Avenida Bermudas, on November 25, 2015.
DATED: November 25, 2015
SUSAN MAYSELS, City Clerk
City of La Quinta, California
CITY COUNCIL AGENDA 4
DECEMBER 1, 2015
Public Notices
The La Quinta City Council Chamber is handicapped accessible. If special equipment is
needed for the hearing impaired, please call the City Clerk's office at 777-7103, twenty-
four (24) hours in advance of the meeting and accommodations will be made.
If special electronic equipment is needed to make presentations to the City Council,
arrangements should be made in advance by contacting the City Clerk's office at 777-
7103. A one (1) week notice is required.
If background material is to be presented to the Councilmembers during a City Council
meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must
be supplied to the City Clerk for distribution. It is requested that this take place prior to
the beginning of the meeting.
Any writings or documents provided to a majority of the City Council regarding any
item(s) on this agenda will be made available for public inspection at the Community
Development counter at City Hall located at 78-495 Calle Tampico, La Quinta,
California, 92253, during normal business hours.
CITY COUNCIL AGENDA 5
DECEMBER 1, 2015
CITY COUNCIL
MINUTES
TUESDAY, NOVEMBER 17, 2015
CONSENT: 1
A regular meeting of the La Quinta City Council was called to order at 3:00 p.m. by
Mayor Evans.
PRESENT: Councilmembers Osborne, Pena, Radi, Mayor Evans
ABSENT: Councilmember Franklin
MOTION — A motion was made and seconded by Councilmembers Osborne/Radi to
excuse Councilmember Franklin from the meeting.
Motion passed: ayes 4, noes 0, absent 1 (Franklin)
PUBLIC COMMENT ON MATTERS NOT ON AGENDA — None
CONFIRMATION OF AGENDA
City Attorney Ihrke requested that Consent Calendar Item No. 8 be pulled and
moved to the Business Section so he may request some modifications.
City Manager Spevacek requested that Business Item No. 1 be pulled and moved to
the next Council meeting due to last minute issues.
Councilmembers concurred.
CLOSED SESSION
1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT AVENIDA
MONTEZUMA AND AVENIDA NAVARRO ADJACENT TO THE EAST SIDE OF
FRANCIS HACK PARK (APNS: 773-077-015 AND 773-101-013) AND OTHER
PARCELS IN THE CITY (APNS: 609-040-028, 600-020-053, 773-072-028, 773-
094-014, 770-184-010, 773-145-010, 773-145-023, 773-145-011, 773-144-
025, 773-145-022).
CITY NEGOTIATOR: FRANK J. SPEVACEK, CITY MANAGER
NEGOTIATING PARTY: CITY OF LA QUINTA AND OLD TOWN ARTISANS STUDIO
UNDER CONSIDERATION: PRICE AND TERMS OF PAYMENT
Councilmember Pena announced that he has a conflict of interest due to the
proximity of his property to a few of the parcels to be discussed so he was
absent from the Closed Session.
COUNCIL RECESSED TO CLOSED SESSION AT 3:05 P.M.
CITY COUNCIL MINUTES 1
NOVEMBER 17, 2015
7
MAYOR EVANS RECONVENED THE CITY COUNCIL MEETING AT 4:01 P.M. WITH ALL
MEMBERS PRESENT.
REPORT ON ACTION(S) TAKEN IN CLOSED SESSION:
City Attorney Ihrke reported that no actions were taken in closed session that requires
reporting pursuant to Government Code section 54957.1 (Brown Act)
Councilmember Radi led the audience in the pledge of allegiance.
PUBLIC COMMENT ON MATTERS NOT ON AGENDA — None
ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS — None
CONSENT CALENDAR
1. APPROVE MINUTES OF NOVEMBER 3, 2015
2. APPROVE DEMAND REGISTERS DATED OCTOBER 30 AND NOVEMBER 6, 2015
3. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORTS DATED AUGUST 31
AND SEPTEMBER 30, 2015
4. ADOPT RESOLUTION APPROVING FINAL PARCEL MAP FOR PROPERTY LOCATED
ON THE WEST SIDE OF ADAMS STREET AND CORPORATE CENTER DRIVE
[RESOLUTION 2015-054]
5. ADOPT RESOLUTION IN SUPPORT OF CALIFORNIA CIVIL CODE SECTION 52.6
REQUIRING CERTAIN BUSINESSES TO POST ANTI-HUMAN TRAFFICKING
NOTICES [RESOLUTION 2015-055]
6. ADOPT ORDINANCE NO. 530 AMENDING SEVERAL CHAPTERS OF TITLE 10 OF
THE MUNICIPAL CODE RELATING TO ANIMALS
7. ADOPT RESOLUTION TO APPROVE CITY'S PARTICIPATION IN COUNTY OF
RIVERSIDE MORTGAGE CREDIT CERTIFICATE PROGRAM [RESOLUTION 2015-056]
8. pulled by City Attorney Ihrke and moved to Business Session for minor
amendments »> APPROVE AMENDMENTS TO ADD SIGN MAINTENANCE TO
ORIGINAL AGREEMENTS WITH CITY OF INDIO RELATED TO JEFFERSON
STREET MEDIANS
9. ACCEPT LIBRARY 10TH ANNIVERSARY IMPROVEMENTS - INTERIOR PHASE
CITY COUNCIL MINUTES 2
NOVEMBER 17, 2015
8
CITY COUNCIL MINUTES 3
NOVEMBER 17, 2015
9
CITY COUNCIL MINUTES 4
NOVEMBER 17, 2015
10
CITY COUNCIL MINUTES 5
NOVEMBER 17, 2015
11
CITY COUNCIL MINUTES 6
NOVEMBER 17, 2015
12
City of La Quinta
CITY COUNCIL MEETING: December 1, 2015
STAFF REPORT
AGENDA TITLE: ACCEPT FISCAL YEAR 2015/16 SLURRY SEAL PROGRAM, PAVEMENT
MANAGEMENT PLAN STREET IMPROVEMENTS PROJECT
RECOMMENDATION
Accept the 2015/16 Slurry Seal Street Improvement project as 100 percent complete;
authorize the City Clerk to file a Notice of Completion with the Office of the County
Recorder; and authorize staff to release retention in the amount of $34,442, thirty-five
days after the Notice of Completion is recorded.
EXECUTIVE SUMMARY
This project entailed removing striping, applying slurry seal, and re-striping various
roads between Jefferson Street, Adams Street, Darby Road, and Highway 111.
The work is complete and the City Council may accept the improvements to close
the contract and allow final payment.
FISCAL IMPACT
Project No. 2012-07C is part of the approved Pavement Management Plan (PMP) with
approved funding of $1,000,000 from the City’s General Fund. The final contract amount
was $688,822; $304,694 will remain in the PMP for future projects.
The following is the financial accounting:
Original Contract Amount $ 678,656
Contract Quantity Adjustment Change Order No. 1 $ 10,166
Final Contract Amount $ 688,822
Project Budget $ 1,000,000
Final Contract Amount ($ 688,822)
Projected Inspection, Plans, and Misc. Construction Costs ($ 6,484)
Anticipated Funds Remaining $ 304,694
BACKGROUND/ANALYSIS
The City routinely reconditions streets with an oil and sand mixture (i.e., slurry seal) in
order to extend pavement life. The five-year Pavement Management Update Report,
CONSENT CALENDAR ITEM NO. 2
13
which was last updated in August 2012, provides an inventory of City roadways and
identifies current conditions, roadway preservation needs, and a funding schedule.
During 2015/16, the PMP identified the slurry and crack sealing of certain streets in north
La Quinta (Attachment 1).
On July 7, 2015, City Council awarded a contract in the amount of $678,656 to American
Asphalt South, Inc. On August 18, 2015, a Notice to Proceed was issued with a 40
working day contract completion time starting August 19, 2015 and ending October 14,
2015.
Contract Change Order No. 1 was issued for a contract quantity adjustment between the
bid quantities and actual quantities installed. No time extensions were required. The
project was deemed substantially complete on October 9, 2015. No liquidated damages
or early completion incentives are recommended.
The project’s construction effort is now 100 percent complete and is in compliance with
the project specifications. Staff therefore recommends acceptance of the project and
release of the retention 35 days after the Notice of Completion is recorded.
ALTERNATIVES
Since the project has been constructed and reviewed for conformance to the plans and
specifications, staff does not recommend any alternatives.
Report prepared by: Ed Wimmer, P.E., Principal Engineer
Report approved by: Timothy R. Jonasson, P.E., Public Works Director/City Engineer
Attachment: 1. Vicinity Map
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FY 2015/16 PAVEMENT MANAGEMENT PLAN
SLURRY SEAL
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City of La Quinta
CITY COUNCIL MEETING: December 1, 2015
STAFF REPORT
AGENDA TITLE: APPROVE MEMORANDUM OF UNDERSTANDING AND AGREEMENT FOR
PURCHASE AND SALE OF PROPERTY WITH THE OLD TOWN ARTISAN STUDIO
RECOMMENDATION
Approve Memorandum of Understanding and Agreement for Purchase, Sale and Escrow
instructions with the Old Town Artisan Studio; authorize City Manager to execute and
make modifications to the agreement as approved by the City Attorney.
EXECUTIVE SUMMARY
In November 2014, Old Town Artisan Studio (‘‘OTAS’’) submitted a proposal to build
an arts and education center in the Village on an approximate 1.16-acre City
parcel located northeast of Francis Hack Park.
OTAS would purchase the land from the City for $12.50 per square-foot and
undergo a capital development campaign to raise $5.5 million to build out the site
plan (Attachment 1).
Once executed, OTAS has eighteen months to raise the funds and purchase the
property, and additional eighteen months to complete full site build out.
The proposed Memorandum of Understanding (Attachment 2) recognizes the
partnership between the City and OTAS and the Agreement for Purchase and Sale
(Attachment 3) outlines the parameters for the property sale and development.
FISCAL IMPACT
The proceeds from the sale of this property are estimated at $630,000 and will be
deposited into the City’s economic development fund for future property purchases.
BACKGROUND/ANALYSIS
OTAS is a 501 (c)(3) charitable organization committed to provide positive art experiences
to all people despite age, disability or financial advantage. They have been based in La
Quinta since their inception in 2009. Their arts and education center will consist of
approximately ten-thousand square feet of multipurpose area, art demonstration space,
class rooms, office space, and three art studio units, an art park, and art inspired
landscaping throughout the site.
Staff has established a performance schedule with OTAS, which includes monthly
progress audits from the capital development campaign. The timeline below shows the
detail.
BUSINESS ITEM NO. 1
17
Timeline
In 2013, staff obtained a letter of appraisal for similar vacant property near this site,
which determined the land value to be $12.50 per square-foot. The proposal and
discussions with OTAS in 2014 were consistent with the identified value. Based on staff’s
analysis, land values did not substantially change during that time period.
In the event OTAS is unable to raise the necessary funds to complete site build-out, the
City may elect to extend the time period or terminate the agreements. OTAS has
established a capital campaign steering committee and is actively pursuing the raising of
funds to complete the project. Once constructed, OTAS will be responsible for
maintaining and operating the facility. Through this partnership, the City is interested in
creating increased art experiences and art related development opportunities for the
public.
ALTERNATIVES
The Council could elect to not proceed with this transaction or modify the terms of the
agreement. As this development would support the cultivation of arts in the community
and convert vacant land to an operable use, staff does not recommend these options.
Prepared by: Chris Escobedo, Assistant to City Manager
Approved by: Frank J. Spevacek, City Manager
Attachments: 1. Elevation and Site plan
2. Memorandum of Understanding
3. Purchase and Sale Agreement
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PREST
A R C H I T E C T S
VUKSIC
44-530 SAN PABLO AVE. STE
T: 760.779.5393 F: 760.779.5395
PALM DESERT, CA
Scale:
Sheet:
THE ART PARK of the Desert
LA QUINTA, CALIFORNIA A1.03
SCHEMATIC
ELEVATION
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3
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2
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1
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0'2'4'8'16'
VIEW LOOKING FROM AVENIDA NAVARRO
ATTACHMENT 1
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19
20
PREST
A R C H I T E C T S
VUKSIC
44-530 SAN PABLO AVE. STE
T: 760.779.5393 F: 760.779.5395
PALM DESERT, CA
Scale:
Sheet:
THE ART PARK of the Desert
LA QUINTA, CALIFORNIA A1.00
SCHEMATIC
SITE PLAN
OC
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3
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PROJECT SQUARE FOOTAGE
MAIN BUILDING
SECOND LEVEL OFFICE
LOFT STORAGE
STUDIO 1
STORAGE
STUDIO 2
BATHROOMS
STUDIO 3
CATERING & DEMO KITCHEN
SECOND LEVEL SUITE
10,800 S.F.
2,000 S.F.
1,630 S.F.
1,760 S.F.
940 S.F.
1,500 S.F.
600 S.F.
960 S.F.
850 S.F.
+/-750 S.F.
0'8'16'32'64'
SECOND FLOOR PLAN
21
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Page 1 of 6
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF LA QUINTA
AND
OLD TOWN ARTISAN STUDIO
This MEMORANDUM OF UNDERSTANDING (the “Memorandum” or “MOU”) is
made by and between the CITY OF LA QUINTA, a municipal corporation and charter city
(“City”), and the OLD TOWN ARTISAN STUDIO, INC., a California non-profit corporation
(“OTAS”), as of _________________, 2015 (“Effective Date”) with respect to the
following:
RECITALS
WHEREAS, the City is interested in creating increased art experiences and art
related development opportunities to the public and, in that regard would like to support
the development of OTAS’ Art and Education Center;
WHEREAS, the City seeks to form a relationship with OTAS, which would include
collaboration on marketing efforts to enhance the City as an arts and culture destination
and exploration of funding opportunities to provide art based programs to seniors, youth,
and disadvantaged people in La Quinta;
WHEREAS, OTAS would like to acquire property from the City, fully develop the
Arts and Education Center thereon, and thereafter operate a facility to provide art
experiences;
WHEREAS, the City (as the “Seller”) and OTAS or an assigned developer entity
approved by the City (as the “Buyer”) have entered into negotiations regarding the
Buyer’s proposed purchase from the Potential Seller that certain unimproved real property
located in the “Village” area of the City of La Quinta, County of Riverside, State of California,
commonly identified as 773-077-015 (the “Property”). The Property is depicted in Exhibit “A”,
which is attached hereto and incorporated herein by this reference;
WHEREAS, the Buyer and Seller desire to enter into this MOU in order to memorialize
the current status of such negotiations as well as the good faith deposit and other actions to be
taken in advance of the parties’ possible execution of a final agreement for the purchase and
sale of the Property, among other provisions mutually agreed upon by the parties (generally
referred to herein as the “Purchase and Sale Agreement”).
MEMORANDUM OF UNDERSTANDING
1.0 General Terms.
ATTACHMENT 2
23
Page 2 of 6
The parties have mutually agreed upon the following terms and conditions relative
to their negotiations and the basic terms to be included in the Purchase and Sale
Agreement.
a. The Property shall be sold in an “as-is/with all faults” condition.
b. The purchase price for the Property shall be Twelve Dollars and Fifty
Cents ($12.50) per gross square foot of land area due at the close of escrow.
c. The Buyer shall use the Property to develop and operate the Arts and
Education Center (the “Center”) to provide art experiences to members of
the community.
d. The Buyer shall be responsible for raising the necessary funds to purchase
the Property within 18 months of execution the Purchase and Sale
Agreement and to build, develop, and operate the Center 18 months after
securing the funds. The Seller will collaborate with the Buyer on marketing
opportunities and explore funding opportunities with the Buyer.
e. The Buyer shall apply for and receive from the City (in its regulatory
capacity) all permits, entitlements, site plans, and other relevant land use
requirements for the Property, including the construction of the
improvements and the occupancy for the Center. To the extent permitted by
law, the Seller will work with the Buyer to streamline the development and
entitlement process for construction of the Center.
f. Upon approval and execution of this MOU, the Seller shall provide the Buyer
and its consultants access to the Property for the purpose of inspecting the
Property and conducting environmental testing of the soils underlying the
Property, subject to the Buyer agreeing to the right of entry, insurance, and
indemnity provisions below for the purposes of any inspection of the
Property. In the event such testing reveals contaminants in the soil, the
Seller shall either remedy such contamination or refund any deposit made by
Buyer. At the same time, the Buyer shall also review the preliminary title
report and ensure that the Property is unencumbered by any title exceptions
affecting the Seller’s ability to transfer unencumbered fee title to the Buyer.
In the event any such title exceptions are identified, then the Seller shall
either remove such exception or refund any deposit made by Buyer.
g. It is expressly understood that the terms of this MOU do not constitute a
binding obligation on the parties to enter into the Purchase and Sale
Agreement, or any other agreement, for the Property. Neither party shall be
finally bound to buy or sell the Property unless and until the Purchase and
Sale Agreement is approved by the City Council for the Seller in accordance
with law and executed by the parties. It is contemplated that Purchase and
Sale Agreement will contain such other terms, covenants, conditions,
24
Page 3 of 6
warranties, and representations as are customary or appropriate in
transactions of this nature.
2.0 Laws. This MOU shall be governed by the laws of the State of California, without
regard to conflict of laws principles.
3.0 Interpretation. In interpreting this MOU, it shall be deemed that it was prepared
jointly by the parties with full access to legal counsel of their own. The language
in all parts of this MOU shall be construed according to its fair meaning and not
strictly for or against either party.
4.0 Severability. The unenforceability, invalidity, or illegality of any provision(s) of this
MOU shall not render the other provisions unenforceable, invalid, or illegal.
5.0 Integration. This MOU represents the entire understanding of the parties as to
those matters contained herein, and supersedes and cancels any prior oral or
written understanding, promises, or representations with respect to those matters
covered hereunder. This MOU may not be modified or altered except in writing
signed by both parties hereto. This is an integrated document.
6.0 Counterparts. This MOU may be executed in counterparts, each of which shall
constitute an original and all of which shall constitute one agreement.
7.0 Right of Entry and Inspection of Property.
Prior to the Buyer entering the Property for any inspection as authorized by this
MOU, the Buyer shall deliver written notice of inspection to the Seller’s designated
officer (which written notice may be by e-mail correspondence) no less than
72 hours prior to the anticipated date of entry onto the Property to perform any
inspection. The Seller, and its authorized officers, employees, consultants, and
agents, shall have the right, but not the obligation, to accompany the Buyer and its
consultants for any proposed inspection of the Property. The Buyer shall provide in
any and all written notices the nature and scope of the proposed inspection,
including if such scope of work includes invasive testing (such as subsurface boring
or similar work). The Seller reserves the right to disapprove, in its reasonable
discretion, any proposed inspection if the Seller determines, in its reasonable
discretion, that such inspection may result in permanent damage to the Property or
inability to return the Property in the same state as existed immediately prior to
such inspection. The following provisions shall also apply to any inspection
performed by the Buyer or its consultants and not disapproved by the Seller:
a. Indemnity and Release. The Buyer shall and hereby agrees to indemnify,
defend (with counsel of Seller’s choice), protect, and hold the Seller and its
officers, employees, agents, and independent contractors (collectively,
“Indemnitees”) free and harmless from and against any and all loss, liability,
claim, action, suit, proceeding, deficiency, fine, penalty, damages, and
expenses (including, but not limited to, reasonable attorneys’ fees, expert
witness fees, and costs) (collectively “Claims”) arising out of and/or in any
25
Page 4 of 6
way relating to the inspection of the Property and related activities as
authorized under this MOU, or to the Proposing Buyer’s acts and/or
omissions in providing or administering the same, excepting only any loss,
liability, claim, action, suit, proceeding, deficiency, fine, penalty, damages,
and expenses arising out of the sole and active negligence or willful
misconduct of the Potential Seller.
b. Insurance Obligation. Without limiting the indemnification provisions
provided herein, the Buyer, at its sole expense, shall obtain and keep in force
during the term of this MOU and any extensions thereof, a policy or policies
of general liability insurance covering all injuries to persons and damage to
the Property occurring in, upon, or about the Property resulting from any
actions or omissions of the Buyer, or any of its officers, employees, agents,
consultants, or constructors, or any use of the Property, or the Buyer’s
invitees in accordance with the terms of this MOU. The policy or policies
evidencing such insurance shall name the City of La Quinta and its officials,
officers, employees, and agents, as additional insureds, shall provide that
same may not be cancelled or amended without thirty (30) days prior written
notice to the Potential Seller, and shall provide for a combined single limit
coverage of bodily injury and property damage in the amount of not less than
One Million Dollars ($1,000,000) with a deductible or self-insured retention
amount of not more than One Hundred Thousand Dollars ($100,000). Such
policy or policies shall be issued by an insurance company licensed to do
business in the State of California and be rated A-/VIII or better by
ambest.com. Prior to the Effective Date of this MOU, and upon renewal of
such policies, the Buyer shall submit to the Potential Seller certificates of
insurance and any applicable endorsements evidencing that the foregoing
policy or policies are in effect.
c. Authorized Hours for Inspection Activity. The Buyer shall conduct
inspections authorized pursuant to this MOU only during regular business
hours and business days, from __8_____ a.m. until __5_____ p.m. on
Monday-Friday. Any exception to these authorized hours for any inspection
shall be subject to prior approval by the Potential Seller’s designated officer,
which may be granted or denied in the designated officer’s reasonable
discretion.
d. Term of Right of Entry/Inspection Authority. The right of entry and
conditions related thereto set forth in this MOU shall expire on the
termination date of this MOU, unless extended by mutual written agreement
of the parties.
8.0 City’s Insurance Obligation. Without limiting the indemnification provisions
provided herein, the City, at its sole expense, shall obtain and keep in force during
the term of this MOU and any extensions thereof, a policy or policies of general
liability insurance covering all injuries to persons and damage to property occurring
26
Page 5 of 6
in, upon, or about the Property resulting from any actions or omissions by the City,
the City’s employees, or City’s invitees in accordance with the terms of this MOU.
9.0 Term of MOU.
The term of this MOU shall commence on the Effective Date (which shall be the
date of execution of this MOU by the City after a duly noticed public meeting and
approval at the same) and shall termination on the earlier of either: (a) execution
by the parties of the Purchase and Sale Agreement, or (b) November __, 2018
(“MOU Term”). The MOU Term may be extended by mutual written agreement of
the parties.
10.0 ADDITIONAL PROVISIONS.
a. No termination of this MOU shall release either party from any liability or
obligation hereunder resulting from any acts, omissions, or events happening
prior to the termination of this MOU.
b. In the event either party brings any suit or other proceeding with respect to
the subject matter or enforcement of this MOU, the prevailing party (as
determined by California law) shall, in addition to such other relief as may be
awarded, be entitled to recover reasonable attorneys’ fees, expenses, and
costs of suit or investigation as actually incurred (including, without
limitation, reasonable attorneys’ fees, expenses, and costs incurred in
establishing the right to indemnification).
[SIGNATURES ON NEXT PAGE]
27
Page 6 of 6
IN WITNESS WHEREOF, the partiers have executed this Memorandum as evidenced by
the signatures contained below:
Date:____________________, 2015
CITY OF LA QUINTA,
a California municipal corporation and
charter city
By:
Name: Frank J. Spevacek
Its: City Manager
ATTEST:
Susan Maysels, City Clerk
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
By:
William Ihrke, City Attorney
OLD TOWN ARTISAN STUDIO, INC.,
a California nonprofit corporation
By: _______________________________
Name:
Its: Executive Director/Treasurer
28
EXHIBIT A Page 1 of 2
EXHIBIT “A”
DEPICTION OF PROPERTY
All that certain real property situated in the County of Riverside, State of California,
described as follows:
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12, in Block 129 of Unit No. 14 Santa Carmelita at
Vale La Quinta, in the City of La Quinta, County of Riverside, State of California, as per
map recorded in Book 18, Pages 82 and 83, of maps, Records of Riverside County,
California.
Assessor’s Parcel No: 773-077-015
29
EXHHIBIT A Page 2 of 2
30
PREST
A R C H I T E C T S
VUKSIC
44-530 SAN PABLO AVE. STE
T: 760.779.5393 F: 760.779.5395
PALM DESERT, CA
Scale:
Sheet:
THE ART PARK of the Desert
LA QUINTA, CALIFORNIA A1.00
SCHEMATIC
SITE PLAN
OC
T
O
B
E
R
1
3
,
2
0
1
5
PROJECT SQUARE FOOTAGE
MAIN BUILDING
SECOND LEVEL OFFICE
LOFT STORAGE
STUDIO 1
STORAGE
STUDIO 2
BATHROOMS
STUDIO 3
CATERING & DEMO KITCHEN
SECOND LEVEL SUITE
10,800 S.F.
2,000 S.F.
1,630 S.F.
1,760 S.F.
940 S.F.
1,500 S.F.
600 S.F.
960 S.F.
850 S.F.
+/-750 S.F.
0'8'16'32'64'
SECOND FLOOR PLAN
31
32
AGREEMENT FOR PURCHASE AND SALE
AND ESCROW INSTRUCTIONS
This AGREEMENT FOR PURCHASE AND SALE AND ESCROW
INSTRUCTIONS (“Agreement”) is made and entered into as of _________________,
2015 (“Effective Date”), by and between CITY OF LA QUINTA, a California municipal
corporation and charter city (“Seller”), and Old Town Artisan Studio, Inc., a California
non-profit corporation (“Buyer”).
R E C I T A L S:
A. Seller is the owner of that certain unimproved real property located in the
“Village” area of the City of La Quinta (“City”), County of Riverside, State of California,
commonly identified as 773-077-015 (the “Property”). The Property is depicted in
Exhibit “A”, which is attached hereto and incorporated herein by this reference.
B. Buyer desires to purchase the Property from Seller for purposes of
developing thereon an arts and education center generally consisting of
(i) approximately ten thousand square feet (10,000) of multipurpose area, art
demonstration area, classrooms, office space, and three art studio units, and (ii) art
inspired landscaping (collectively, the “Project”), and Seller desires to sell the Property
to Buyer, on the terms and conditions set forth herein.
A G R E E M E N T:
NOW, THEREFORE, in consideration of the foregoing Recitals, which are
incorporated herein by this reference, and the mutual covenants herein contained, the
parties hereto agree as follows:
1. PURCHASE PRICE.
1.1 Amount. Subject to the terms of this Agreement, Buyer hereby agrees to
purchase the Property from Seller and Seller agrees to sell the Property to Buyer, for
the purchase price of Twelve Dollars and Fifty Cents ($12.50) per gross square foot of
land area (the “Purchase Price”). The Purchase Price is approximately Six Hundred
Thirty One Thousand Six Hundred Twenty Dollars ($631,620). This approximation will
be adjusted based on the exact number of square feet Buyer purchases from Seller.
1.2 Payment of Purchase Price. A portion of the Purchase Price shall be paid
in connection with purchase of the Property in accordance with the following:
1.2.1 Within seven (7) days after an Opening of Escrow, Buyer shall
deposit with Escrow Holder (as those terms are defined in Section 3.1) in Good Funds
(as used in this Agreement, the term “Good Funds” shall mean a confirmed wire
transfer of immediately available funds, cashier’s or certified check drawn on or issued
by the office of a financial institution located in Riverside County, or cash) (i) the sum of
One Hundred Dollars ($100) (the “Independent Contract Consideration”) as
ATTACHMENT 3
33
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consideration for Seller’s execution and delivery of this Agreement and Buyer’s right to
approve or disapprove any Buyer contingencies set forth in this Agreement, and (ii) the
sum of Ten Thousand Dollars ($10,000) as a good faith deposit (the “Earnest Money
Deposit”).
In the event an Escrow (as that term is defined in Section 3.1) closes, the
Independent Contract Consideration and the Earnest Money Deposit shall each be
applicable towards the Purchase Price. In the event an Escrow is terminated and fails
to close, for any reason other than Seller’s default of the terms hereof, Escrow Holder
shall promptly, but no later than five (5) days after said termination, release the
Independent Contract Consideration to Seller. In the event the Escrow is terminated
and fails to close, for any reason other than Buyer’s default of the terms hereof, Escrow
Holder shall promptly, but no later than five (5) days after said termination, return the
Earnest Money Deposit to Buyer.
1.2.2 On or before 5:00 p.m. on the business day preceding the Closing
Date” (as that term is defined in Section 4.1) or such earlier time as required by Escrow
Holder in order to close an Escrow on the Closing Date, Buyer shall deposit with Escrow
Holder in Good Funds the Purchase Price, less the Independent Contract Consideration
and Earnest Money Deposit, and such additional funds as may be required to meet
Buyer’s portion of the closing costs as hereinafter provided.
2. DUE DILIGENCE. As used herein, the term “Due Diligence Period” shall refer
to a period of time to expire upon the date that is ninety (90) days after the Effective
Date. Buyer’s obligation to consummate the transactions contemplated by this
Agreement is subject to and conditioned upon Buyer’s approval, deemed approval, or
waiver of the right to approve of the following contingencies set forth in this Section 2
(collectively, the “Contingencies”):
2.1 Title/Survey. Seller shall deliver to Buyer, at Seller’s expense, within
five (5) days after the Effective Date of this Agreement, a preliminary title report
prepared by First American Title Insurance Company (the “Title Company”), dated not
more than thirty (30) days earlier than the Effective Date describing the state of title of
the Property together with copies of all underlying documents (collectively the
“Preliminary Title Report”). Seller shall also provide a current survey to buyer within
five (5) days after the Effective Date of this Agreement.
2.1.1 Notwithstanding anything herein to the contrary, Seller shall be
obligated to remove all monetary encumbrances against the Property excluding non-
delinquent real property taxes and assessments. Buyer shall notify Seller in writing of
any objections Buyer may have to title exceptions contained in the Preliminary Title
Report or matters shown on the Survey (if Buyer obtains) no later than the date which is
fifteen (15) days after the later of (i) Buyer’s receipt of the Preliminary Title Report or
(ii) Buyer’s receipt of the Survey (“Buyer’s Objection Notice”). Buyer’s approval or
disapproval of the matters set forth in the Preliminary Title Report and the Survey may
be granted or withheld in Buyer’s sole and absolute discretion. Buyer’s failure to
provide Seller with a Buyer’s Objection Notice within said period shall constitute Buyer’s
34
-3-
approval of all exceptions to title shown on the Preliminary Title Report and all matters
shown on the Survey. Seller shall have a period of fifteen (15) days after receipt of
Buyer’s Objection Notice in which to deliver written notice to Buyer (“Seller’s Notice”) of
Seller’s election to either (i) agree to remove the objectionable items on the Preliminary
Title Report and/or Survey prior to the Close of Escrow (as that term is defined in
Section 4.1), or (ii) decline to remove any such title exceptions and/or Survey matters
and terminate the Escrow and the obligations of Buyer and Seller to purchase and sell
the Property under this Agreement. Seller’s failure to provide Buyer with Seller’s Notice
within said period shall constitute Seller’s election to decline to remove the
objectionable items on the Preliminary Title Report and/or the Survey. If Seller notifies
Buyer of its election, or is deemed to have elected, to terminate rather than remove the
objectionable items on the Preliminary Title Report and/or Survey, Buyer shall have the
right, by written notice delivered to Seller within five (5) days after Buyer’s receipt of
Seller’s Notice, to agree to accept the Property subject to the objectionable items, in
which event Seller’s election to terminate shall be of no effect, and Buyer shall take title
to the Property at the Close of Escrow subject to such objectionable items without any
adjustment to or credit against the Purchase Price.
2.1.2 Upon the issuance of any amendment or supplement to the
Preliminary Title Report which adds additional exceptions, including any survey
exceptions, the foregoing right of review and approval shall also apply to said
amendment or supplement; provided, however, that Buyer’s initial period of review and
approval or disapproval of any such additional exceptions shall be limited to fifteen (15)
days following receipt of notice of such additional exceptions. The process set forth
above for Buyer’s review and Seller’s response shall apply to any review and response
with respect to any amendment or supplement to the Preliminary Title Report, and the
Close of Escrow shall be extended for such period as is necessary to allow for that
review and response process to be completed.
2.2 Environmental Condition. Buyer shall have access to the Property, as
described in this Section 2.2, in order to permit Buyer or its directors, engineers,
analysts, officers, employees, agents, contractors, representatives, attorneys, or
advisors (collectively, the “Buyer Representatives”) to investigate the Property.
2.2.1 During the Due Diligence Period, Seller shall permit Buyer and
Buyer Representatives, at the sole cost and expense of Buyer, to conduct physical
inspections of the Property, including the site work, soil, subsurface soils, drainage,
seismic and other geological and topographical matters, location of asbestos, toxic
substances, hazardous materials or wastes, if any, and any other investigations as
Buyer deems prudent with respect to the physical condition of the Property in order to
determine the Property’s suitability for Buyer’s intended development. In no event shall
Buyer conduct any intrusive testing procedures on the Property without the prior written
consent of Seller, which consent shall not be unreasonably withheld. Such
investigations may be made by Buyer and/or Buyer Representatives during any normal
business hours. Seller shall cooperate to assist Buyer in completing such inspections
and special investigations at no cost or expense to Seller. Such inspections and
investigations shall be conducted only upon no less than forty-eight (48) hours’ notice to
35
-4-
Seller and shall be conducted at such times and in such a manner as to minimize any
disruption to the Property. Seller shall have the right, but not the obligation, to
accompany Buyer during such investigations and/or inspections.
2.2.2 As a condition to any such entry, Buyer shall (i) conduct all work or
studies in a diligent, expeditious and safe manner and not allow any dangerous or
hazardous conditions to occur on the Property during or after such investigation;
(ii) comply with all applicable laws and governmental regulations; (iii) keep the Property
free and clear of all materialmen’s liens, lis pendens and other liens arising out of the
entry and work performed under this paragraph; (iv) maintain or assure maintenance of
workers’ compensation insurance (or state approved self-insurance) on all persons
entering the property in the amounts required by the State of California; (v) provide to
Seller prior to initial entry a certificate of insurance evidencing that Buyer and/or the
persons entering the Property has procured and has in effect an all-risk public liability
insurance policy meeting the following requirements: (1) the insurance shall be written
on a per occurrence and not claims-made basis; (2) the amount of insurance shall be a
combined single limit of not less than One Million Dollars ($1,000,000.00) with a
deductible or self-insured retention amount of not more than One Hundred Thousand
Dollars ($100,000); (3) the policy shall name or be endorsed to Seller and Seller’s
officers, employees, agents, and representatives (collectively, “Seller & Seller
Personnel”) as additional insureds; (4) the insurance shall not contain any special
limitations on the scope of protection afforded to Seller & Seller Personnel; (5) the policy
shall not be canceled by the insurer or Buyer unless there is a minimum of thirty
(30) days prior written notice to Seller; (6) the insurer shall waive subrogation rights
against the Seller & Seller Personnel; and (7) the insurance shall be primary insurance
and not contributory with any insurance any of Seller & Seller Personnel may have; and
(8) the insurance shall apply separately to each insured against whom a claim is made
or suit is brought, except with respect to the limits of the insurer’s liability; and
(vi) following Buyer’s entry, repair any and all damage to the Property caused by such
inspections or investigations in a timely manner.
2.2.3 Buyer shall promptly pay and discharge all demands for payment
relating to Buyer’s entry on and investigation of the Property and take all other steps to
avoid the assertion of claims of lien against the Property. In the event a claim of lien is
recorded by reason of Buyer’s entry on the Property, Buyer, within twenty (20) days of
such recordation, shall either (i) record or deliver a surety bond sufficient to release
such claim or lien in accordance with applicable law; or (ii) provide Seller with such
other assurance as Seller may require for the payment of the claim or lien. Seller may
elect to record and post notices of non-responsibility from time to time on and about the
Property.
2.2.4 Buyer agrees to indemnify, defend, protect, and hold Seller & Seller
Personnel and the Property, free and harmless from any and all loss, liability, claim,
action, suit, proceeding, deficiency, fine, penalty, damages and expenses (including, but
not limited to, reasonable attorneys’ fees, expert witness fees, and costs) arising directly
or indirectly from: (i) the exercise of said entry, (ii) Buyer’s failure to comply with the
conditions to Buyer’s entry onto the Property provided herein, and (iii) the presence of
36
-5-
any Hazardous Materials (as defined in Section 11 herein) on, under, in or about the
Property occurring prior to or after the Close of Escrow resulting from the activities of
Buyer or Buyer Representatives on the Property prior to the Close of Escrow. Such
undertaking of indemnity shall survive Close of Escrow or the termination of this
Agreement for any reason.
2.2.5 Prior to expiration of the Due Diligence Period, Buyer shall notify
Seller in writing (i) of Buyer’s election to terminate the Escrow and this Agreement, if
Buyer disapproves of the physical or environmental conditions of the Property and, as a
result, does not wish to proceed with purchasing the Property (“Buyer’s Property
Termination Notice”), or (ii) of any objections Buyer may have (the “Disapproved
Property Matters”) to any physical or environmental conditions of the Property
(“Buyer’s Property Objection Notice”). Buyer’s approval or disapproval of the
physical and environmental conditions of the Property may be granted or withheld in
Buyer’s sole and absolute discretion. In the event Buyer terminates this Agreement
pursuant to this Section, Buyer and Seller shall be relieved of all further liability under
this Agreement, except for Buyer’s indemnification obligations set forth in this
Agreement and any other obligations that expressly survive termination of this
Agreement, and except that Seller shall be entitled to the Independent Contract
Consideration. Buyer’s failure to provide Seller with a Buyer’s Property Termination
Notice or a Buyer’s Property Objection Notice prior to the expiration of the Due
Diligence Period shall constitute Buyer’s approval of the condition of the Property. If
Buyer provides to Seller Buyer’s Property Objection Notice, Seller shall have a period of
fifteen (15) days after receipt of Buyer’s Property Objection Notice in which to deliver
written notice to Buyer (“Seller’s Response”) of Seller’s election to either (i) agree to
remove the Disapproved Property Matters prior to the Close of Escrow, or (ii) decline to
remove the Disapproved Property Matters and terminate the Escrow and the obligations
of Buyer and Seller to purchase and sell the Property under this Agreement. Seller’s
failure to provide Buyer with Seller’s Response within said period shall constitute
Seller’s election to remove the Disapproved Property Matters prior to the Close of
Escrow. If Seller notifies Buyer of its election to terminate rather than remove the
Disapproved Property Matters, Buyer shall have the right, by written notice delivered to
Seller within five (5) days after Buyer’s receipt of Seller’s Response, to agree to accept
the Property subject to the Disapproved Property Matters, in which event Seller’s
election to terminate shall be of no effect, and Buyer shall take title to the Property at
the Close of Escrow subject to such Disapproved Property Matters without any
adjustment to or credit against the Purchase Price.
2.3 Specific Plan and Land Use Entitlements. Within ten (10) days following
the expiration of the Due Diligence Period (the “Submission Date”), Buyer shall submit
to Seller preliminary designs for the Project for review by Seller’s Community
Development Department. Within sixty (60) days following approval of such preliminary
designs, Buyer shall submit final designs for the Project, with all of such designs and
related submittals based on Buyer’s design and marketing criteria sufficient to allow
Seller to review and process a specific plan, unless the project is exempt by appropriate
findings as identified in La Quinta Municipal Code Section 9.65.015, and other land use
entitlements and permits as required for the improvement of the Property with the
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buildings and other improvements that comprise the Project (collectively, the “Specific
Plan and Entitlements”). The Specific Plan and Entitlements shall provide for
development of the arts and education center building on the Property. Buyer’s
obligation to purchase the Property hereunder is subject to Seller’s approval of the
Specific Plan and Entitlements on such terms and conditions as are satisfactory to
Seller in its sole discretion within one hundred eighty (180) days after the Submission
Date (the “Approval Deadline”). Buyer shall provide written notice to Seller of Buyer’s
approval or disapproval of the Specific Plan and Entitlements and conditions of approval
issued in connection therewith within thirty (30) days after Seller’s approval of the
Specific Plan and Entitlements. Buyer’s failure to provide such written notice shall be
deemed Buyer’s approval of the Specific Plan and Entitlements and conditions of
approval issued in connection therewith. If Seller has not approved the Specific Plan
and Entitlements for the Property on or before the Approval Deadline, Buyer may, but is
not required to, deliver a written notice to Seller of its election to terminate this
Agreement. If Buyer (i) delivers such written notice to Seller of its election to terminate
this Agreement; or (ii) disapproves the Specific Plan and Entitlements and conditions of
approval issued in connection therewith, this Agreement shall terminate, Escrow Holder
shall disburse to Buyer the Earnest Money Deposit, Escrow Holder shall disburse to
Seller the Independent Contract Consideration, and the parties shall have no further
rights and obligations to one another, except for Buyer’s indemnification obligations set
forth in this Agreement and any other obligations that expressly survive termination of
this Agreement.
2.4 Confidentiality. Any and all information made available to Buyer under this
Agreement or discovered by Buyer during its investigation of the Property shall be
treated as confidential by Buyer and such information shall not be disclosed prior to the
Close of Escrow without the prior written consent of Seller; provided, however, that
Buyer may disclose said information (i) to any attorney, accountant, engineer, or
consultant providing services to Buyer in the normal and ordinary course of business,
(ii) to a court or any other official body if said confidential information is subpoenaed by
that court or official body; provided that Buyer notifies Seller, in writing, of the receipt of
such subpoena, and (iii) if required to disclose such information pursuant to the
California Public Records Act or other applicable law. Seller shall be permitted to
pursue, at Seller’s cost, a confidentiality order with or without Buyer’s cooperation or
consent. Additionally, if this Agreement terminates for any reason whatsoever, Buyer
shall return to Seller all written information delivered by Seller to Buyer pursuant hereto,
and all copies of such information made by Buyer, within ten (10) days after termination
hereof. The provisions of this Section 2.4 shall survive any termination of this
Agreement.
2.5 Evidence of Financial Capability. As one of Seller’s Conditions to Closing,
Buyer shall have submitted to Seller and obtained Seller’s approval of evidence that
Buyer has raised sufficient funds to complete the Project. In the month following the
Opening of Escrow, Buyer will begin providing monthly reports to Seller with
documentation of fundraising efforts and progress toward the fundraising goal. These
monthly reports may include redaction of donor’s names to ensure privacy, but will
include sufficient documentation (such as financial institution statements) to verify
38
-7-
receipt of donated funds. Seller shall approve or disapprove such evidence of sufficient
funds within thirty (30) days after receipt of a complete submission. Approval shall not
be unreasonably withheld, delayed, or conditioned. If Seller shall disapprove any such
evidence of sufficient funds, Seller shall do so by written notice to Buyer stating with
reasonable specificity the reasons for such disapproval and Buyer shall promptly obtain
and submit to Seller new evidence of sufficient funds. Seller shall approve or disapprove
such new evidence of sufficient funds in the same manner and within the same times
established in this Section 2.5 for the approval or disapproval of the evidence of
sufficient funds as initially submitted to Seller.
3. ESCROW.
3.1 Opening of Escrow. Closing of the sale of the Property shall take place
through an escrow (“Escrow”) to be established within three (3) business days after the
Effective Date with Four Seasons Escrow, Inc., located at 51351 Avenida Bermudas, La
Quinta, CA 92253 (760) 564-4044, or such other escrow company as may be agreed
upon by the Buyer and Seller as the servicer of the Escrow (“Escrow Holder”). The
opening of Escrow (the “Opening of Escrow”) shall be deemed to be the date that a
fully executed copy of this Agreement is delivered to the Escrow Holder accompanied
by a written notification by Seller and Buyer. Escrow Holder is instructed to notify Buyer
and Seller in writing of the date of Opening of Escrow.
3.2 Escrow Instructions. This Agreement, once deposited in an Escrow, shall
constitute the joint escrow instructions of Buyer and Seller to Escrow Holder.
Additionally, if Escrow Holder so requires, Buyer and Seller agree to execute the form of
escrow instructions that Escrow Holder customarily requires in real property escrows
administered by it. In the event of any conflict or inconsistency between Escrow
Holder’s standard instructions and the provisions of this Agreement, the provisions of
this Agreement shall supersede and be controlling.
4. CLOSE OF ESCROW.
4.1 Close of Escrow; Outside Closing Date. Provided that all of the conditions
of this Agreement precedent to the Close of Escrow (as hereinafter defined) have been
satisfied (or waived or deemed waived by the appropriate party), prior to or on the
Outside Closing Date (as hereinafter defined), the closing of this transaction for the sale
and purchase of the Property shall take place on the date which is five (5) days after the
date on which all of Buyer’s Conditions to Closing and all of Seller’s Conditions to
Closing have been satisfied (or waived or deemed waived by the appropriate party);
provided, however, in no event shall the closing occur, if at all, later than the date that is
five hundred forty eight (548) days after the Opening of Escrow (“Outside Closing
Date”), unless Buyer and Seller mutually agree to extend, in which case that mutually
agreed upon date shall be the Outside Closing Date. The terms “Close of Escrow” and
the “Closing” are used herein to mean the time Seller’s grant deed conveying fee title to
the Property to Buyer is recorded in the Official Records of the Office of the County
Recorder of Riverside (“Official Records”). The term “Closing Date” is used herein to
mean the date on which the Close of Escrow occurs. If Escrow is not in a condition to
39
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close by the Outside Closing Date, either party not then in default hereunder may, upon
five (5) days advance written notice to the other party and Escrow Holder, elect to
terminate this Agreement and said Escrow. No such termination shall release either
party then in default from liability for such default. If neither party so elects to terminate
this Agreement and said Escrow, Escrow Holder shall close the Escrow as soon as
possible.
4.2 Recordation; Release of Funds and Documents.
4.2.1 Escrow Holder is directed, on the Closing Date, to record in the
Official Records, the following documents in the order listed: (i) a grant deed
substantially in the form of the attached Exhibit “B” transferring title to the Property to
Buyer (“Grant Deed”); and (ii) such other and further documents as may be directed
jointly by Buyer and Seller.
4.2.2 Upon Closing Date, Escrow Holder shall deliver (i) the Purchase
Price, less any of Seller’s closing costs, to Seller, and (ii) conformed copies of all
recorded documents to both Buyer and Seller.
4.3 Escrow Cancellation Charges. If Escrow does not close due to a default
by one of the parties, the defaulting party shall bear all Escrow Cancellation Charges
(as that term is defined below). If the Close of Escrow does not occur for any reason
other than the default of a party, then Buyer and Seller shall each pay fifty
percent (50%) of any Escrow Cancellation Charges. As used herein, “Escrow
Cancellation Charges” means all fees, charges, and expenses incurred by Escrow
Holder or third parties engaged by Escrow Holder, as well as all expenses related to the
services of the Title Company in connection with the issuance of the Preliminary Title
Report and other title matters.
5. DELIVERY OF DOCUMENTS REQUIRED FROM BUYER AND SELLER.
5.1 Buyer’s Obligations. Buyer agrees that on or before 5:00 p.m. of the last
business day immediately preceding the Closing Date, Buyer shall deposit or cause to
be deposited with Escrow Holder the following:
(a) The applicable Purchase Price, less the Independent Contract
Consideration and Earnest Money Deposit;
(b) Any and all additional funds, instruments, or other documents
required from Buyer (executed and acknowledged where appropriate) as may be
reasonably necessary in order for the Escrow Holder to comply with the terms of this
Agreement.
5.2 Seller’s Obligations. Seller agrees that on or before 5:00 p.m. of the last
business day immediately preceding the Closing Date, Seller shall deposit or cause to
be deposited with Escrow Holder each of the following:
(a) The executed and acknowledged Grant Deed;
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(b) A Certificate of Non-Foreign Status (the “Certificate of Non-
Foreign Status”) executed and acknowledged by Seller substantially in the form
attached hereto as Exhibit “C”; and
(c) All other funds, items, and instruments required from Seller
(executed and acknowledged where appropriate) as may be reasonably necessary in
order for Escrow Holder to comply with the provisions of this Agreement.
6. TITLE INSURANCE POLICY.
6.1 Title Policy. At the Closing Date, the Title Company, as insurer, shall
issue an ALTA extended coverage owner’s policy of title insurance (a “Title Policy”), in
favor of Buyer, as insured, with liability in the amount of the Purchase Price, subject to
the following:
(a) Non-delinquent real property taxes and assessments;
(b) Title exceptions approved or deemed approved by Buyer pursuant
to Section 2.1 above;
(c) Title exceptions, if any, resulting from Buyer’s entry onto the
Property pursuant to the provisions of Section 2.2 above;
(d) Any other exceptions approved by Buyer; and
(e) The standard printed conditions and exceptions contained in the
ALTA extended coverage owner’s policy of title insurance regularly issued by the Title
Company.
6.2 Payment for Title Policy. Seller shall be responsible for the costs for a
standard ALTA owner’s policy of title insurance with coverage up to the amount of the
Purchase Price. Buyer shall pay (i) the difference of the cost between the premium for
the ALTA extended coverage owner’s policy of title insurance and the premium for the
ALTA standard coverage owner’s policy of title insurance that Seller is responsible for
hereunder; and (ii) the cost for any endorsements requested by Buyer. Buyer shall also
pay for the ALTA survey, if applicable.
7. REAL PROPERTY TAXES. Buyer acknowledges that due to Seller’s status as a
public entity, during the pendency of Seller’s ownership, the Property has been exempt
from the payment of property taxes and assessments. In the event, however, property
taxes or assessments are mistakenly assessed against the Property after the Closing
for any period prior to the Closing, Buyer shall be responsible for timely payment thereof
but Buyer may apply for a refund for that portion of property taxes and assessments
allocated to any period prior to the Closing, in accordance with the applicable provisions
of the California Revenue and Taxation Code. Seller shall cooperate with Buyer, at no
cost to Seller, to effect such refund. After the Closing, Buyer shall be responsible for
paying for all property taxes or assessments assessed against the Property for any
period after the Closing.
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8. CONDITIONS PRECEDENT TO CLOSING.
8.1 Conditions Precedent to Buyer’s Obligations. The obligations of Buyer
under this Agreement to purchase the Property and close the Escrow shall be subject to
the satisfaction or signed written waiver by Buyer of each and all of the following
conditions precedent (collectively “Buyer’s Conditions to Closing”):
(a) Seller shall have approved the Specific Plan and Entitlements with
conditions reasonably acceptable to Buyer (applicable to Closing only);
(b) Buyer shall have approved the condition of the title to the Property,
in accordance with Section 2.1 hereof ;
(c) Buyer shall have approved the condition of the Property, in
accordance with Section 2.2 hereof ;
(d) On the Closing Date, the Title Company shall be irrevocably
committed to issue the applicable Title Policy pursuant to Section 6 above insuring fee
title to the Property as being vested in Buyer;
(e) Escrow Holder holds all instruments and funds required for the
Close of Escrow, including, but not limited to, the fully executed and acknowledged
Grant Deed, and will deliver to Buyer the instruments and funds, if any, accruing to
Buyer pursuant to this Agreement;
(f) Except as otherwise permitted by this Agreement, all
representations and warranties by Seller in this Agreement shall be true on and as of
the Closing Date as though made at that time and all covenants of Seller pursuant to
this Agreement shall have been fulfilled by the Closing Date; and
(g) Seller is not in material default of any term or condition of this
Agreement.
In the event that any of Buyer’s Conditions to Closing are not satisfied, deemed
satisfied, or waived in a writing signed by Buyer, prior to the expiration of the applicable
period for satisfaction or waiver, Buyer may terminate this Agreement. In the event of
such termination, neither party shall thereafter have any obligations to, or rights against,
the other under this Agreement, except for any obligations that expressly survive the
termination of this Agreement.
8.2 Conditions Precedent to Seller’s Obligations. The obligations of Seller
under this Agreement shall be subject to the satisfaction or signed written waiver by
Seller of each and all of the following conditions precedent (“Seller’s Conditions to
Closing”):
(a) Escrow Holder holds the Purchase Price and all other instruments
and funds required for the Closing and will deliver to Seller the instruments and funds,
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including, but not limited to, the applicable Purchase Price (less Seller’s closing costs),
accruing to Seller pursuant to this Agreement;
(b) Buyer has submitted to Seller and obtained Seller’s written
approval of Buyer’s evidence of sufficient funds to complete the Project, pursuant to
Section 2.5 above;
(c) Except as otherwise permitted by this Agreement, all
representations and warranties by the Buyer in this Agreement shall be true on and as
of the Closing Date as though made at that time and all covenants of Buyer pursuant to
this Agreement shall have been fulfilled by the Closing Date;;
(d) Buyer has obtained all necessary approval and permits, including,
without limitation, the Specific Plan and Entitlements, and building permits, to develop
the Project on the Property;
(e) There shall exist no pending or threatened actions, suits,
arbitrations, claims, attachments, proceedings, assignments for the benefit of creditors,
insolvency, bankruptcy, reorganization, or other proceedings, against Buyer that would
materially and adversely affect Buyer’s ability to unconditionally perform its obligations
under this Agreement; and
(f) Buyer shall have delivered the funds required hereunder and all of
the documents to be executed by Buyer set forth in Section 5.1 and shall not be in
default of any term or condition of this Agreement.
In the event that any of Seller’s Conditions to Closing are not satisfied, deemed
satisfied, or waived in a writing signed by Seller, prior to the expiration of the applicable
period for satisfaction or waiver, Seller may terminate this Agreement. In the event of
such termination, neither party shall thereafter have any obligations to, or rights against,
the other under this Agreement, except for any obligations that expressly survive the
termination of this Agreement.
9. POSSESSION. Possession shall be delivered by Seller to Buyer on the Closing
Date.
10. ALLOCATION OF COSTS.
10.1 Buyer’s Costs. Buyer shall pay the following costs in connection with the
Closing:
(a) Fifty percent (50%) of Escrow Holder’s escrow fee;
(b) Buyer’s own attorney’s fees incurred in connection with this
Agreement and the transactions contemplated hereby;
(c) Any documentary transfer taxes associated with the conveyance;
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(d) All of the charges for recording the Grant Deed, if any; and
(e) The premium difference between the ALTA extended coverage
owner’s policy of title insurance and the ALTA standard coverage owner’s policy of title
insurance, plus any title endorsements requested by Buyer.
10.2 Seller’s Costs. Seller shall pay the following costs in connection with the
Closing:
(a) Fifty percent (50%) of the Escrow Holder’s escrow fee;
(b) Seller’s own attorney’s fees in connection with this Agreement and
the transactions contemplated hereby; and
(c) The portion of the premium for the Title Policy that Seller is required
to pay pursuant to this Agreement.
11. REPRESENTATIONS AND WARRANTIES.
11.1 Buyer’s Representations, Warranties and Covenants. Buyer hereby
makes the following representations and warranties to Seller, each of which is true in all
respects as of the date hereof and shall be true in all respects on the Closing Date:
11.1.1 Buyer is duly organized and existing.
11.1.2 Buyer has the legal power, right, and authority to execute, deliver,
and perform Buyer’s obligations under this Agreement and the documents executed and
delivered by Buyer pursuant hereto.
11.1.3 All requisite action (corporate, trust, partnership, or otherwise) has
been taken by Buyer in connection with entering into this Agreement and the
instruments referenced herein and the consummation of the transactions contemplated
hereby. No consent is required which has not been obtained to permit Buyer to enter
into this Agreement and consummate the transaction hereby.
11.1.4 The entering into this Agreement does not violate any provision of
any other agreement to which Buyer is bound.
11.2 Seller’s Representations and Warranties. Seller hereby makes the
following representations and warranties to Buyer, each of which is true in all respects
as of the date hereof and shall be true in all respects on the Closing Date:
11.2.1 Seller is duly organized and existing.
11.2.2 Seller has the legal power, right, and authority to execute, deliver,
and perform Seller’s obligations under this Agreement and the documents executed and
delivered by Seller pursuant hereto.
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11.2.3 All requisite action has been taken by Seller in connection with
entering into this Agreement and the instruments referenced herein and the
consummation of the transactions contemplated hereby. No consent is required which
has not been obtained to permit Seller to enter into this Agreement and consummate
the transactions contemplated hereby.
11.2.4 To Seller’s actual knowledge, the entering into this Agreement does
not violate any provision of any other agreement to which Seller is bound.
11.2.5 To Seller’s actual knowledge, there is no pending or threatened
litigation, lawsuit, or administrative proceeding, which would adversely affect the
Property.
11.2.6 Seller has no knowledge of the presence of any Hazardous
Materials on the Property, or any portion thereof, and Seller has not been advised or
notified by any third parties, prior owners of the Property, or any federal, state, or local
governmental agency, of the presence of any Hazardous Materials on the Property.
11.3 Seller’s Knowledge. Throughout this Agreement, terms such as “to
Seller’s actual knowledge,” “Seller has no actual knowledge,” or like phrases mean the
actual present and conscious awareness or knowledge, without a duty to inquire or
investigate, of the City Manager of the City of La Quinta.
11.4 Change in Circumstances. In the event Seller becomes aware of a
change in circumstance during the term of the Escrow, which would cause any of the
representations or warranties of Seller under this Section 11 to be untrue, Seller shall
advise Buyer of such change in circumstance in writing within five (5) business days
from Seller’s discovery thereof. Buyer shall then have fifteen (15) business days from
receipt of such notice from Seller to deliver written notice to Seller of Buyer’s election to
either: (i) terminate this Agreement, or (ii) waive objection to such change in
circumstance and to accept title to the Property subject to such change in circumstance.
Buyer’s failure to notify Seller in writing within said fifteen (15) business day period shall
conclusively be deemed Buyer’s election to waive objection to such change in
circumstance and to proceed to close this Escrow subject to such change in
circumstance.
11.5 “As-Is” Purchase and Sale; Release and Waiver of Claims. It is
understood and agreed that with the exception of the limited representations expressly
set forth in this Section 11, Seller has not at any time made and is not now making, and
Seller specifically disclaims, any warranties or representations of any kind or character,
express or implied, with respect to the Property, or any improvements thereon,
including, but not limited to, warranties or representations as to (a) matters of title,
(b) environmental matters relating to the Property or any portion thereof, including,
without limitation, the existence or lack thereof of Hazardous Materials (as defined
below) in, on, under, or in the vicinity of the Property, or migrating to or from the
Property, either in soil, vapors, or surface water or groundwater, (c) geological
conditions, including, without limitation, subsidence, subsurface conditions, water table,
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underground water reservoirs, limitations regarding the withdrawal of water, and
geologic faults and the resulting damage of past and/or future faulting, (d) whether, and
to the extent to which the Property or any portion thereof is affected by any stream
(surface or underground), body of water, wetlands, flood prone area, flood plain,
floodway, or special flood hazard, (e) drainage, (f) soil conditions, including the
existence of instability, past soil repairs, soil additions, or conditions of soil fill, or
susceptibility to landslides, or the sufficiency of any undershoring, (g) the presence of
endangered species or any environmentally sensitive or protected areas, (h) zoning or
building entitlements to which the Property or any portion thereof may be subject, (i) the
availability of any utilities to the Property or any portion thereof including, without
limitation, water, sewage, gas, and electric, (j) the permitted uses and restrictions on
uses on the Property, (k) usages of adjoining property, (l) access to the Property or any
portion thereof, (m) the value, compliance with the plans and specifications, size,
location, age, use, design, quality, description, suitability, structural integrity, operation,
title to, or physical or financial condition of the Property or any portion thereof, or any
income, expenses, charges, liens, encumbrances, rights, or claims on or affecting or
pertaining to the Property or any part thereof, (n) the condition or use of the Property or
compliance of the Property with any or all past, present, or future federal, state, or local
ordinances, rules, regulations, or laws, building, fire, or zoning ordinances, codes, or
other similar laws, (o) the existence or non-existence of underground storage tanks,
surface impoundments, or landfills, (p) the merchantability of the Property or fitness of
the Property for any particular purpose, (q) tax consequences, or (r) any other matter or
thing with respect to the Property.
Buyer acknowledges and agrees that Seller is selling and conveying to Buyer,
and Buyer is purchasing and acquiring, the Property, “AS IS, WHERE IS, WITH ALL
FAULTS,” and that with the exception of the limited representations and warranties
expressly set forth in this Section 11, Buyer has not relied on and will not rely on, and
Seller has not made and is not liable for or bound by, any express or implied warranties,
guarantees, statements, representations, or information pertaining to the Property or
relating thereto, made or furnished by Seller or any real estate broker, agent, or third
party representing or purporting to represent Seller, to whomever made or given,
directly or indirectly, orally or in writing. Buyer represents that it is a knowledgeable,
experienced, and sophisticated purchaser of real estate, and that Buyer is relying solely
on its own expertise and that of Buyer’s consultants and representatives in purchasing
the Property, and shall make an independent verification of the accuracy of any
documents and information provided by Seller. Buyer will conduct such inspections and
investigations of the Property as Buyer deems necessary, including, but not limited to,
the physical and environmental conditions thereof, and Buyer shall rely solely upon the
same. By failing to terminate this Agreement prior to the expiration of the Due Diligence
Period, Buyer acknowledges that Seller has afforded Buyer a full opportunity to conduct
all such investigations of the Property as Buyer deemed necessary to satisfy itself as to
the condition of the Property and the existence or non-existence or removal or
remediation action to be taken with respect to any Hazardous Materials in, on, within, or
migrating to or from the Property, and that Buyer will rely solely upon the same and not
upon any information provided by or on behalf of Seller or its agents or employees with
respect thereto. Upon Closing, Buyer shall assume the risk with respect to the Property
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and all adverse matters, including, but not limited to, adverse physical or construction
defects, or adverse environmental or health and safety conditions, that may not have
been revealed by Buyer’s inspections, assessments, investigations, and/or testing.
BUYER’S INITIALS: _________
Buyer hereby acknowledges that it will have had full opportunity to investigate,
assess, test, and inspect the Property during the Due Diligence Period, and during such
period, to observe the physical and environmental characteristics and existing
conditions, including but not limited to, the opportunity to conduct such investigation,
assessment, testing, monitoring, and study on and of the Property and of adjacent
areas, as Buyer deems necessary, in accordance with law. Buyer, therefore,
individually and collectively, for itself and its members, partners, officers, directors,
employees, agents, successors, assigns, and all entities related to any of the foregoing,
and on behalf of all persons claiming any interest in the Property or this Agreement,
including but not limited to any and all future owners, lessees, and/or operators, of the
Property and their successors, hereby expressly waives, releases, discharges, and
forever relinquishes any and all claims, rights of action, causes of action, rights and/or
remedies Buyer has or hereafter may have, whether known or unknown, fixed or
contingent, against Seller and Seller’s members, officers, officials, attorneys,
employees, representatives, and agents (a) regarding any matters affecting the
Property and any condition of the Property whatsoever; and (b) regarding: (i) the
existence or potential existence of any Hazardous Materials in, on, under, within, or
migrating to or from the Property, either in soil, vapor, surface water or groundwater,
and (ii) any violations or alleged violations of any Environmental Laws regarding the
Property.
BUYER HEREBY ACKNOWLEDGES THAT IT HAS READ AND IS
FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE
SECTION 1542 (“SECTION 1542”), WHICH IS SET FORTH BELOW:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR
HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS
OR HER SETTLEMENT WITH THE DEBTOR.”
BUYER ACKNOWLEDGES AND AGREES THAT IT MAY HEREAFTER
DISCOVER FACTS OR LAW DIFFERENT FROM OR IN ADDITION TO
THOSE WHICH IT NOW BELIEVES TO BE TRUE WITH RESPECT TO
THE RELEASE OF CLAIMS. BUYER ACKNOWLEDGES AND AGREES
THAT THE RELEASE IT IS PROVIDING SHALL REMAIN EFFECTIVE IN
ALL RESPECTS NOTWITHSTANDING SUCH DIFFERENT OR
ADDITIONAL FACTS OR LAW OR ANY PARTIES’ DISCOVERY
THEREOF. BUYER SHALL NOT BE ENTITLED TO ANY RELIEF IN
CONNECTION THEREWITH, INCLUDING BUT NOT LIMITED TO ANY
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DAMAGES OR ANY RIGHT OR CLAIM TO SET ASIDE OR RESCIND
THIS AGREEMENT.
BY INITIALING BELOW, BUYER HEREBY WAIVES AND RELEASES
ANY AND ALL RIGHTS PROVIDED UNDER THE PROVISIONS OF
SECTION 1542 AND ALL SIMILAR OR RELATED STATUTES
THERETO, IN CONNECTION WITH THESE MATTERS WHICH ARE
THE SUBJECT OF THE FOREGOING WAIVERS AND RELEASES:
BUYER’S INITIALS: _________
Buyer acknowledges and agrees that the disclaimers, waivers, and releases
along with the other agreements set forth in this Section 11, are all an integral part of
this Agreement, and Seller would not have agreed to enter into this Agreement without
such terms, and that all such terms shall survive the Close of Escrow.
As used in this Agreement, the term “Hazardous Material(s)” includes, without
limitation, any hazardous or toxic material, substance, irritant, chemical, or waste,
including without limitation (a) any material defined, classified, designated, listed or
otherwise considered under any Environmental Law, including, without limitation, as
defined in California Health & Safety Code Section 25260, as a “hazardous waste,”
“hazardous substance,” “hazardous material,” “extremely hazardous waste,” “acutely
hazardous waste,” “radioactive waste,” “biohazardous waste,” “pollutant,” “toxic
pollutant,” “contaminant,” “restricted hazardous waste,” “infectious waste,” “toxic
substance,” or any other term or expression intended to define, list, regulate or classify
substances by reason of properties harmful to health, safety or the indoor or outdoor
environment, (b) any material, substance or waste which is toxic, ignitable, corrosive,
reactive, explosive, flammable, infectious, radioactive, carcinogenic or mutagenic, and
which is or becomes regulated by any local governmental authority, any agency of the
State of California or any agency of the United States Government, (c) asbestos, and
asbestos containing material, (d) oil, petroleum, petroleum based products and
petroleum additives and derived substances, (e) urea formaldehyde foam insulation,
(f) polychlorinated biphenyls (PCBs), (g) freon and other chlorofluorocarbons, (h) any
drilling fluids, produced waters and other wastes associated with the exploration,
development or production of crude oil, natural gas or geothermal resources, (i) mold,
fungi, viruses or bacterial matter, and (j) lead-based paint.
For the purposes of this Agreement, the term “Environmental Laws” means any
and all federal, state, and local laws, statutes, ordinances, orders, rules, regulations,
guidance documents, judgments, governmental authorizations, or any other
requirements of governmental authorities, as may presently exist, or as may be
amended or supplemented, or hereafter enacted, relating to the presence, release,
generation, use, handling, assessment, investigation, study, monitoring, removal,
remediation, cleanup, treatment, storage, transportation or disposal of Hazardous
Materials, or the protection of the environment or human, plant or animal health,
including, without limitation, the following statutes and their underlying regulations, as
they have been amended from time to time, and the following referenced common laws:
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the Comprehensive Environmental Response, Compensation and Liability Act of 1980,
as amended by the Superfund Amendments and Reauthorization Act of 1986
(42 U.S.C. § 9601), the Hazardous Materials Transportation Act (49 U.S.C. § 1801 et
seq.), the Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.), the
Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), the Clean Air Act (42
U.S.C. § 7401 et seq.), the Toxic Substances Control Act (15 U.S.C. § 2601 et seq.),
the Oil Pollution Act (33 U.S.C. § 2701 et seq.), the Emergency Planning and
Community Right-to-Know Act (42 U.S.C. § 11001 et seq.), the Porter-Cologne Water
Quality Control Act (Cal. Wat. Code § 13000 et seq.), the Toxic Mold Protection Act
(Cal. Health & Safety Code § 26100, et seq.), the Safe Drinking Water and Toxic
Enforcement Act of 1986 (Proposition 65 – Cal. Health & Safety Code § 25249.5 et
seq.), the California Hazardous Waste Control Law (Cal. Health & Safety Code § 25100
et seq.), the Hazardous Materials Release Response Plans & Inventory Act (Cal. Health
& Safety Code § 25500 et seq.), the Carpenter-Presley-Tanner Hazardous Substances
Account Act (Cal. Health & Safety Code § 25300 et seq.), the California Underground
Storage of Hazardous Substances Laws (Chapter 6.7 of Division 20 of the Cal. Health
and Safety Code, § 25280 et seq.) and the California common laws of nuisance,
trespass, waste and ultra-hazardous activity.
12. CONDEMNATION. In the event that, prior to the Close of Escrow, any
governmental entity shall commence any proceedings of or leading to eminent domain
or similar type proceedings to take all or any portion of the Property, Buyer and Seller
shall promptly meet and confer in good faith to evaluate the effect of such action on the
purposes of this Agreement and following such meeting either Buyer or Seller may
terminate this Agreement.
13. RISK OF PHYSICAL LOSS. Risk of physical loss to the Property shall be borne
by Seller prior to the Close of Escrow and by Buyer thereafter. In the event that the
Property is damaged by fire, flood, earthquake, or other casualty Buyer shall have the
option to terminate this Agreement, provided notice of such termination is delivered to
Seller within fifteen (15) business days following the date Buyer learns of the
occurrence of such casualty, and, provided further, that Buyer shall not have caused
such casualty or other damage to the Property. If Buyer fails to terminate this
Agreement pursuant to the foregoing sentence within said fifteen (15) business day
period, Buyer shall complete the acquisition of the Property, in which case Seller shall
have the right to assign to Buyer the interest of Seller in all insurance proceeds relating
to such damage. Seller shall consult with Buyer regarding any proposed settlement
with the insurer and Buyer shall have the reasonable right of approval thereof. Seller
shall hold such proceeds until the Close of Escrow. In the event this Agreement is
terminated for any reason, Buyer shall have no right to any insurance proceeds.
14. WAIVER OF DAMAGES; SPECIFIC PERFORMANCE. In the event a party
defaults under this Agreement, the non-defaulting party’s sole and exclusive remedy will
be for specific performance of this Agreement. EACH PARTY HEREBY WAIVES ANY
RIGHT TO PURSUE DAMAGES RESULTING FROM A DEFAULT OR BREACH OF
THIS AGREEMENT, AND IN NO EVENT SHALL THE DEFAULTING PARTY BE
LIABLE FOR DAMAGES FOR A DEFAULT OR BREACH OF DEFAULTING PARTY’S
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OBLIGATION UNDER THIS AGREEMENT, ALL OF WHICH RIGHTS ARE HEREBY
WAIVED AND RELINQUISHED BY THE NON-DEFAULTING PARTY. The parties
agree that the foregoing limitation on their respective remedies and measure of
damages is reasonable under all of the circumstances of this Agreement, and is
material consideration for the parties entering into this Agreement.
Seller’s Initials
Buyer’s Initials
15. INDEMNIFICATION. Buyer shall defend, indemnify, assume all responsibility for,
and hold Seller, and Seller’s representatives, volunteers, officers, employees, and
agents, harmless from any and all claims, demands, damages, defense costs, or liability
of any kind (including attorney’s fees and costs), that arise from this Agreement (other
than those damages caused by the breach of this Agreement by Seller or by the
negligence or willful misconduct of Seller’s representatives, officers, employees, and
agents) including, but not limited to, Buyer’s failure to pay, if required, prevailing wages.
The indemnification in this Section 15 is in addition to all other indemnity provided for
the benefit of Seller in this Agreement and shall survive the Close of Escrow.
16. MISCELLANEOUS.
16.1 Assignment. This Agreement shall be binding upon and shall inure to the
benefit of Buyer and Seller and their respective heirs, personal representatives,
successors, and assigns. Neither party to this Agreement may assign this Agreement
or any interest or right hereunder or under the Escrow without the prior written consent
and approval of the other party, which consent and approval may be withheld in the sole
and absolute discretion of either party. No provision of this Agreement is intended nor
shall in any way be construed to benefit any party not a signatory hereto or to create a
third party beneficiary relationship.
16.2 Choice of Laws. This Agreement shall be governed by the internal laws of
the State of California and any question arising hereunder shall be construed or
determined according to such law without regard to conflict of law principles. The
Superior Court of the State of California in and for the County of Riverside, or such
other appropriate court in such county, shall have exclusive jurisdiction of any litigation
between the parties concerning this Agreement. Service of process on Seller shall be
made in accordance with California law. Service of process on Buyer shall be made in
any manner permitted by California law and shall be effective whether served inside or
outside California.
16.3 Attorney’s Fees. In the event of any action between Buyer and Seller
seeking enforcement of any of the terms and conditions to this Agreement (including
any attachment or exhibit to this Agreement), the Escrow, or otherwise in connection
with the Property, the prevailing party in such action shall be awarded, in addition to
damages, injunctive, or other relief, its reasonable costs and expenses, including
without limitation its expert witness fees and reasonable attorneys’ fees.
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16.4 Notices. All notices under this Agreement shall be effective (i) upon
personal delivery, (ii) upon delivery by reputable overnight courier that provides a
receipt with the date and time of delivery, or (iii) three (3) business days after deposit in
the United States mail, registered or certified, postage fully prepaid and addressed to
the respective parties as set forth below or as to such other address as the parties may
from time to time designate in writing:
To Buyer: Old Town Artisan Studio
78-134 Calle Tampico, Suite 160
La Quinta, CA 92253
Phone No.: 760-777-1444
Attention: Executive Director
Copy to: Roemer & Harnik, LLP
45-025 Manitou Drive
Indian Wells, California 92210
Attention: Richard Umbenhauer, Esq
To Seller: City of La Quinta
78-495 Calle Tampico
La Quinta, California 92253
Phone No.: 760-777-7031
Attention: City Manager
Copy to: Rutan & Tucker, LLP
611 Anton Boulevard, Suite 1400
Costa Mesa, CA 92628-1950
Phone No.: (714) 641-5100
Attention: William Ihrke, Esq.
16.5 Fair Meaning. This Agreement shall be construed according to its fair
meaning and as if prepared by both parties hereto.
16.6 Headings. The headings at the beginning of each numbered section of
this Agreement are solely for the convenience of the parties hereto and are not a part of
this Agreement.
16.7 Nonliability of Seller Officials. No officer, official, member, employee,
agent, or representative of Seller shall be liable for any amounts due hereunder, and no
judgment or execution thereon entered in any action hereon shall be personally
enforced against any such officer, official, member, employee, agent, or representative.
16.8 Gender; Number. As used in this Agreement, masculine, feminine, and
neuter gender and the singular or plural number shall be deemed to include the others
wherever and whenever the context so dictates.
16.9 Survival. This Agreement and all covenants to be performed after the
Closing Date, and, except as otherwise set forth herein, all representations and
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warranties contained herein, shall survive the Closing Date and shall remain a binding
contract between the parties hereto.
16.10 Time of Essence. Time is of the essence of this Agreement and of each
and every term and provision hereof, it being understood that the parties hereto have
specifically negotiated the dates for the completion of each obligation herein.
16.11 Waiver. A waiver of a provision hereof shall be effective only if said
waiver is in writing, and signed by both Buyer and Seller. No waiver of any breach or
default by any party hereto shall be considered to be a waiver of any future breach or
default unless expressly provided herein or in the waiver.
16.12 Broker’s/Consulting Fees. Seller and Buyer represent and warrant to the
other that neither Buyer nor Seller has employed any real estate broker to represent its
interest in this transaction. Each party agrees to indemnify, defend (with counsel of the
indemnified party’s choosing), and hold the other party free and harmless from and
against any and all liability, loss, cost, or expense (including court costs and reasonable
attorneys’ fees) in any manner connected with a claim asserted by any individual or
entity for any broker’s commission or consulting fees in connection with the conveyance
of the Property arising out of agreements by the indemnifying party to pay any
commission or consulting fee.
16.13 No Withholding Because Non-Foreign Seller. Seller represents and
warrants to Buyer that Seller is not, and as of the Close of Escrow will not be, a foreign
person within the meaning of Internal Revenue Code Section 1445 or an out-of-state
seller under California Revenue and Tax Code Section 18805 and that it will deliver to
Buyer, on or before the Close of Escrow, a Certificate of Non-Foreign Status on Escrow
Holder’s standard form pursuant to Internal Revenue Code Section 1445(b)(2) and the
regulations promulgated thereunder and a California Form 593-C.
16.14 Counterparts. This Agreement may be executed in any number of
counterparts, all of which shall be of equal legal force and effect.
16.15 Severability. If any term, covenant, or condition of this Agreement or the
application thereof to any person, entity, or circumstance shall, to any extent, be invalid
or unenforceable, the remainder of this Agreement, or the application of such term,
covenant, or condition to persons, entities, or circumstances other than those as to
which it is held invalid or unenforceable, shall not be affected thereby and each term,
covenant, or condition of this Agreement shall be valid and enforceable to the fullest
extent permitted by law.
16.16 Exhibits. The following exhibits are attached hereto and incorporated
herein by this reference:
Exhibit “A” Depiction of Property
Exhibit “B” Grant Deed
Exhibit “C” Certificate of Non-Foreign Status
52
-21-
16.17 Covenants of Seller. Seller agrees that during the period between the
Effective Date of this Agreement and the Closing Date:
(a) Seller shall maintain the Property in not less than the state of repair
as that existing on the Effective Date (excepting ordinary wear and tear);
(b) Seller shall not convey, grant, lease, rent, license, assign,
mortgage, hypothecate, encumber, or otherwise transfer (on or off record) the Property
or any interest therein;
(c) Seller shall not alter the physical condition of the Property or
introduce or release, or permit the introduction or release, of any Hazardous Material in,
from, under, or on the Property;
(d) Prior to the Closing Date, Seller shall maintain Seller’s existing
insurance on the Property.
16.18 Covenant Against Discrimination. Buyer covenants that, in its
performance of this Agreement, it shall not discriminate against any person or group of
persons on account of any impermissible classification including, but not limited to, race,
color, creed, gender, religion, marital status, national origin, or ancestry.
16.19 Entire Agreement; Amendment. Except as set forth above, this
Agreement and the exhibits incorporated herein contain the entire agreement of Buyer
and Seller with respect to the matters contained herein, and no prior agreement or
understanding pertaining to any such matter shall be effective for any purpose. No
provisions of this Agreement may be amended or modified in any manner whatsoever
except by an agreement in writing signed by duly authorized officers or representatives
of each of the parties hereto.
16.20 Facsimile Signatures. Signatures of the parties transmitted by facsimile
shall be deemed binding. However, each party agrees to submit their original signature
to the other party within five (5) business days after execution hereof.
[SIGNATURES ON NEXT PAGE]
53
-22-
IN WITNESS WHEREOF, Buyer and Seller each hereby represents that it has
read this Agreement, understands it, and hereby executes this Agreement to be
effective as of the day and year first written above.
Date:____________________, 2015
“Seller”
CITY OF LA QUINTA,
a California municipal corporation and
charter city
By:
Name: Frank J. Spevacek
Its: City Manager
ATTEST:
Susan Maysels, City Clerk
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
By:
William Ihrke, City Attorney
“Buyer”
OLD TOWN ARTISAN STUDIO, INC.,
a California nonprofit corporation
By: _______________________________
Name:
Its: Executive Director/Treasurer
Four Seasons Escrow, Inc. agrees to act as Escrow Holder in accordance with the
terms of this Agreement.
Date:____________________, 2015
FOUR SEASONS ESCROW, INC.
By:
Name:
54
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8921865.1 a11/25/15
EXHIBIT “A”
DEPICTION OF PROPERTY
[SEE FOLLOWING PAGE]
55
2671/015610-
8921865.1 a1
A
C
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1/25/15
All that cer
California, d
ots 1, 2, 3
Carmelita at
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Records of R
Assessor’s P
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described as
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property s
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-24-
situated in
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EXHIBIT
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State
maps,
“A”
56
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EXHIBIT “B”
FORM OF GRANT DEED
[SEE FOLLOWING PAGES]
57
2671/015610-0002
8921865.1 a11/25/15 -1-
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
OLD TOWN ARTISAN STUDIO, INC.
78-134 Calle Tampico, Suite 160
La Quinta, CA 92253
Attention: Executive Director
SPACE ABOVE THIS LINE FOR RECORDER’S USE
(Exempt from Recordation Fee per Gov. Code § 27383)
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
CITY OF LA QUINTA, a California municipal corporation and charter city (the
“Grantor”), hereby grants to OLD TOWN ARTISAN STUDIO, INC. (the “Grantee”), that
certain real property (“Property”) located in the City of La Quinta, County of Riverside,
State of California, described in the legal description attached hereto as Attachment
No. 1 and incorporated herein by this reference, subject to the following non-
discrimination covenants and all matters of record:
Grantee covenants by and for itself and any successors in interest that there
shall be no discrimination against or segregation of any person, or group of persons on
any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as
those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1)
of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in
the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the
Property, or any part thereof, nor shall Grantee, or any person claiming under or
through him or her, establish or permit any such practice or practices of discrimination
or segregation with reference to the selection, location, number, use or occupancy of
tenants, lessees, subtenants, sublessees or vendees of the Property, or any part
thereof. The foregoing covenants shall run with the land.
Grantee agrees for itself and any successor in interest that Grantee shall refrain
from restricting the rental, sale, or lease of any portion of the Property, or contracts
relating to the Property, on the basis of race, color, creed, religion, sex, marital status,
ancestry, or national origin of any person. All such deeds, leases or contracts shall
contain or be subject to substantially the following nondiscrimination or nonsegregation
clauses:
1. In deeds: “The grantee herein covenants by and for himself or
herself, his or her heirs, executors, administrators, and 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 basis listed in
subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are
defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision
EXHIBIT “B”
58
2671/015610-0002
8921865.1 a11/25/15 -2-
(p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease,
sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein
conveyed, nor shall the grantee or any person claiming under or through him or her,
establish or permit any practice or practices of discrimination or segregation with
reference to the selection, location, number, use or occupancy of tenants, lessees,
subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing
covenants shall run with the land.”
2. In leases: “The lessee herein covenants by and for himself or
herself, his or her heirs, executors, administrators, and assigns, and all persons
claiming under or through him or her, and this lease is made and accepted upon and
subject to the following conditions: “That there shall be no discrimination against or
segregation of any person or group of persons, on account of any basis listed in
subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are
defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision
(p) of Section 12955, and Section 12955.2 of the Government Code, in the leasing,
subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein
leased nor shall the lessee himself or herself, or any person claiming under or through
him or her, establish or permit any such practice or practices of discrimination or
segregation with reference to the selection, location, number, use, or occupancy, of
tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased.”
3. In contracts: “There shall be no discrimination against or
segregation of, any person or group of persons on account of any basis listed in
subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are
defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision
(p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease,
sublease, transfer, use, occupancy, tenure, or enjoyment of the premises which are the
subject of this agreement, nor shall the grantee or any person claiming under or through
him or her, establish or permit any practice or practices of discrimination or segregation
with reference to the selection, location, number, use or occupancy of tenants, lessees,
subtenants, sublessees, or vendees in the premises herein conveyed. Notwithstanding
the forgoing, with respect to familial status, the forgoing shall not be construed to apply
to housing for older persons, as defined in Section 12955.9 of the Government Code.
The foregoing covenants shall run with the land.”
The foregoing nondiscrimination covenants shall, without regard to technical
classification and designation, be binding for the benefit and in favor of the Grantor and
Grantor’s successors and assigns, and any successor in interest to the Property and
shall remain in effect in perpetuity.
59
2671/015610-0002
8921865.1 a11/25/15 -3-
“Grantor”
CITY OF LA QUINTA,
a California municipal corporation and
charter city
By:
Name: Frank J. Spevacek
Its: City Manager
ATTEST:
Susan Maysels, City Clerk
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
By:
William Ihrke, City Attorney
“Grantee”
OLD TOWN ARTISAN STUDIO, INC.,
a California nonprofit corporation
By: _______________________________
Name:
Its: Executive Director/Treasurer
60
2671/015610-
8921865.1 a1
State of
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62
2671/015610-0002
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ATTACHMENT NO. 1
LEGAL DESCRIPTION OF PROPERTY
The land situated in the City of La Quinta, in the County of Riverside, State of California,
described as follows:
All that certain real property situated in the County of Riverside, State of
California, described as follows:
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12, in Block 129 of Unit No. 14 Santa
Carmelita at Vale La Quinta, in the City of La Quinta, County of Riverside, State
of California, as per map recorded in Book 18, Pages 82 and 83, of maps,
Records of Riverside County, California.
Assessor’s Parcel No: 773-077-015
63
2671/015610-0002
8921865.1 a11/25/15 EXHIBIT C
EXHIBIT “C”
CERTIFICATE OF NON-FOREIGN STATUS
Section 1445 of the Internal Revenue Code provides that a transferee of a U.S. real
property interest must withhold tax if the transferor is a foreign person. To inform the
transferee that withholding of tax is not required upon the disposition of a U.S. real
property interest in CITY OF LA QUINTA, a California municipal corporation and charter
city (“Seller”), the undersigned hereby certifies the following on behalf of the Seller:
1. Seller is not a foreign corporation, foreign partnership, foreign trust, or
foreign estate (as those terms are defined in the Internal Revenue Code
and Income Tax Regulations);
2. The U.S. taxpayer identification number for Seller is 95-3740431; and
3. The address for mailing purposes of Seller is: 78-495 Calle Tampico, La
Quinta, California 92253.
Seller understands that this certification may be disclosed to the Internal Revenue
Service by the transferee and that any false statement contained herein could be
punished by fine, imprisonment, or both.
Under penalties of perjury, I declare that I have examined this certification, and to the
best of my knowledge and belief, it is true, correct, and complete. I further declare that
I have authority to sign this document on behalf of Seller.
“Seller”
CITY OF LA QUINTA,
a California municipal corporation and
charter city
Date:____________________, 2015 By:
Name:_____________________________
Its:________________________________
64
2671/015610-0002
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AGREEMENT FOR PURCHASE AND SALE
AND ESCROW INSTRUCTIONS
by and between
CITY OF LA QUINTA
(“SELLER”)
and
OLD TOWN ARTISAN STUDIO, INC.
(“BUYER”)
65
TABLE OF CONTENTS
Page
2671/015610-0002
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1. PURCHASE PRICE ............................................................................................ 1
1.1 Amount .................................................................................................... 1
1.2 Payment of Purchase Price ..................................................................... 1
2. DUE DILIGENCE ................................................................................................ 2
2.1 Title/Survey .............................................................................................. 2
2.2 Environmental Condition .......................................................................... 3
3. ESCROW ........................................................................................................... 7
3.1 Opening of Escrow .................................................................................. 7
3.2 Escrow Instructions .................................................................................. 7
4. CLOSE OF ESCROW ........................................................................................ 7
4.1 Close of Escrow; Outside Closing Date ................................................... 7
4.2 Recordation; Release of Funds and Documents ..................................... 8
4.3 Escrow Cancellation Charges .................................................................. 8
5. DELIVERY OF DOCUMENTS REQUIRED FROM BUYER AND
SELLER .............................................................................................................. 8
5.1 Buyer’s Obligations .................................................................................. 8
5.2 Seller’s Obligations .................................................................................. 8
6. TITLE INSURANCE POLICY.............................................................................. 9
6.1 Title Policy ............................................................................................... 9
6.2 Payment for Title Policy ........................................................................... 9
7. REAL PROPERTY TAXES ................................................................................. 9
8. CONDITIONS PRECEDENT TO CLOSING ....................................................... 9
8.1 Conditions Precedent to Buyer’s Obligations ........................................... 9
8.2 Conditions Precedent to Seller’s Obligations ......................................... 10
9. POSSESSION .................................................................................................. 11
10. ALLOCATION OF COSTS ............................................................................... 11
10.1 Buyer’s Costs ......................................................................................... 11
10.2 Seller’s Costs ......................................................................................... 11
11. REPRESENTATIONS AND WARRANTIES ..................................................... 12
11.1 Buyer’s Representations, Warranties and Covenants ........................... 12
11.2 Seller’s Representations and Warranties ............................................... 12
11.3 Seller’s Knowledge ................................................................................ 13
11.4 Change in Circumstances ...................................................................... 13
11.5 “As-Is” Purchase and Sale; Release and Waiver of Claims ................... 13
66
Page
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12. CONDEMNATION ............................................................................................ 17
13. RISK OF PHYSICAL LOSS .............................................................................. 17
14. WAIVER OF DAMAGES; SPECIFIC PERFORMANCE ................................... 17
15. INDEMNIFICATION .......................................................................................... 17
16. MISCELLANEOUS ........................................................................................... 18
16.1 Assignment ............................................................................................ 18
16.2 Choice of Laws ...................................................................................... 18
16.3 Attorney’s Fees ...................................................................................... 18
16.4 Notices ................................................................................................... 18
16.5 Fair Meaning .......................................................................................... 19
16.6 Headings ................................................................................................ 19
16.7 Nonliability of Seller Officials .................................................................. 19
16.8 Gender; Number .................................................................................... 19
16.9 Survival .................................................................................................. 19
16.10 Time of Essence .................................................................................... 19
16.11 Waiver .................................................................................................... 19
16.12 Broker’s/Consulting Fees ....................................................................... 20
16.13 No Withholding Because Non-Foreign Seller ......................................... 20
16.14 Counterparts .......................................................................................... 20
16.15 Severability ............................................................................................ 20
16.16 Exhibits .................................................................................................. 20
16.17 Covenants of Seller ............................................................................... 20
16.18 Covenant Against Discrimination ........................................................... 21
16.19 Entire Agreement; Amendment .............................................................. 21
16.20 Facsimile Signatures.............................................................................. 21
EXHIBIT A DEPICTION OF PROPERTY
EXHIBIT B FORM OF GRANT DEED
EXHIBIT C CERTIFICATE OF NON-FOREIGN STATUS
67
68
City of La Quinta
CITY COUNCIL MEETING: December 1, 2015
STAFF REPORT
AGENDA TITLE: INTRODUCE FOR FIRST READING AN ORDINANCE ADDING CHAPTER
5.90 TO THE LA QUINTA MUNICIPAL CODE TO PROHIBIT CANNABIS RELATED USES AND
COMMERCIAL CANNABIS ACTIVITIES, AND MAKING A FINDING OF EXEMPTION UNDER
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
RECOMMENDATION
A. Move to take up Ordinance No. 531 by title and number only and waive further
reading.
B. Move to introduce at first reading Ordinance No. 531 adding Chapter 5.90 to the La
Quinta Municipal Code relating to the prohibition of cannabis related uses and
commercial cannabis activities.
C. Make a finding, included in Ordinance No. 531, that the adoption of the ordinance is
exempt under the California Environmental Quality Act pursuant to Sections
15061(b)(3) and 15378 of Title 14 of the California Code of Regulations.
EXECUTIVE SUMMARY
The Medical Marijuana Regulation and Safety Act (MMRSA), which implements a
variety of changes to state and local laws related to medical marijuana, was
signed by the Governor and will become effective January 1, 2016.
The MMRSA sets up a state licensing system for all “commercial cannabis
activities,” and any official city action relating to marijuana cultivation should
be in place by March 1, 2016.
On November 3, 2015, City Council directed staff to prepare an ordinance that
would, for the time being, prohibit cannabis commercial activities, including
cultivation and “mobile dispensaries”/deliveries.
FISCAL IMPACT – None.
BACKGROUND/ANALYSIS
The MMRSA defines “commercial cannabis activities” to include the cultivation,
possession, manufacture, processing, storing, laboratory testing, labeling,
transporting, distribution, or sale of medical cannabis or a medical cannabis product
by any individual or organization, except a patient or primary caregiver. Case law
recognizes, however, the ability for cities to ban and regulate medical marijuana
activities that affect patients and caregivers.
BUSINESS SESSION ITEM NO. 2
69
The MMRSA generally requires all cultivators, manufacturers, testers, dispensaries,
distributers, and transporters to obtain both a state license and local permit (if one is
required) prior to commencing operations. While the MMRSA directs state agencies to
adopt regulations relating to commercial marijuana (e.g., labeling and production of
edibles, use of pesticides, environmental impacts of cultivation, and cumulative
impacts of water diversion), those regulations (once adopted) and the MMRSA
establish only minimum statewide standards relating to commercial cannabis
activities. The City retains the ability to enact and enforce additional (and potentially
more strict) standards relating to marijuana.
For La Quinta, however, there is an exception, and possibly two exceptions, to
MMRSA’s general protection of local control: Cultivation and “mobile dispensaries.”
With respect to cultivation, the MMRSA provides that the state will become the sole
licensing authority for all cultivation permits if a local agency does not have land use
regulations or ordinances regulating or prohibiting the cultivation of marijuana, either
expressly or otherwise under the principles of permissive zoning by March 1, 2016.
With respect to “mobile dispensaries” or marijuana deliveries, the MMRSA provides
that “deliveries” can only be made by a dispensary and in a city that does not
explicitly prohibit it by local ordinance, where “deliveries” generally means
commercial transfers of marijuana or marijuana products from a dispensary to a
caregiver, patient, or testing laboratory.
The City of La Quinta currently bans medical marijuana dispensaries throughout the
City (Municipal Code § 9.20.050). The City’s code defines “medical marijuana
dispensary” as a “facility or location which provides, makes available or distributes
medical marijuana to a primary caregiver, a qualified patient, or a person with an
identification card, in accordance with California Health and Safety Code Section
11362.5 et seq.” The current City ordinance is silent regarding cultivation.
The MMRSA provides that a local jurisdiction (the City) may enact an ordinance that
bans or otherwise regulates cultivation and/or mobile dispensaries; the local
jurisdiction must do so by March 1, 2016. The local jurisdiction, however, may later
modify these restrictions. Staff recommends that the City Council adopt the proposed
ordinance that prohibits all commercial cannabis activities and other marijuana
related uses subject to the MMRSA. Said ordinance includes language that allows the
City Council to revisit the ban at a future time.
ALTERNATIVES
Council may propose a different ordinance, with consideration of state’s deadline.
Prepared by: William H. Ihrke, City Attorney
Approved by: Frank J. Spevacek, City Manager
Attachment: 1. Ordinance No. 531
70
ORDINANCE NO. 531
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, ADDING CHAPTER 5.90 TO THE LA
QUINTA MUNICIPAL CODE TO PROHIBIT ALL CANNABIS
RELATED USES, COMMERCIAL CANNABIS ACTIVITIES, AND
THE DELIVERY AND CULTIVATION OF CANNABIS IN THE
CITY
WHEREAS, in 1996, the voters of the State of California approved Proposition
215 (codified as California Health & Safety Code § 11362.5, and entitled “The
Compassionate Use Act of 1996” or “CUA”); and
WHEREAS, the intent of Proposition 215 was to enable persons who are in need
of marijuana for legitimate medical purposes to use it without fear of criminal
prosecution under limited, specific circumstances; and
WHEREAS, Proposition 215 further provides that “nothing in this section shall
be construed or supersede legislation prohibiting persons from engaging in conduct
that endangers others, or to condone the diversion of marijuana for non-medical
purposes;” and
WHEREAS, the ballot arguments supporting Proposition 215 expressly
acknowledged that “Proposition 215 does not allow unlimited quantities of marijuana
to be grown anywhere;” and
WHEREAS, in 2004, the Legislature enacted Senate Bill 420 (codified as
California Health & Safety Code § 11362.7 et seq. and referred to as the Medical
Marijuana Program Act or “MMPA”) to clarify the scope of the CUA and to provide
qualifying patients and primary caregivers who collectively or cooperatively cultivate
marijuana for medical purposes with a limited defense to certain specific state
criminal statutes; and
WHEREAS, Assembly Bill 2650 (2010) and Assembly Bill 1300 (2011) amended
the MMPA to expressly recognize the authority of counties and cities to “[a]dopt local
ordinances that regulate the location, operation, or establishment of a medical
marijuana cooperative or collective” and to civilly and criminally enforce such
ordinances; and
WHEREAS, in City of Riverside v. Inland Empire Patients Health and Wellness
Center (2013) 56 Cal.4th 729, the California Supreme Court confirmed the ability of
local entities to ban and/or regulate medical marijuana cooperative and collectives,
holding that “[n]othing in the CUA or MMP[A] expressly or impliedly limits the inherent
authority of a local jurisdiction, by its own ordinances, to regulate the use of its
land…”; and
71
Ordinance No. 531
Addition of Chapter 5.90 to Title 5 – Business Regulations
Adopted: December 1, 2015
Page 2 of 6
WHEREAS, in Maral v. City of Live Oak, (2013) 221 Cal.App.4th 975, the Court of
Appeal held that “there is no right – and certainly no constitutional right – to cultivate
medical marijuana…” and thus confirmed the ability of a local governmental entity to
prohibit the cultivation of marijuana under its land use authority; and
WHEREAS, the Federal Controlled Substances Act (21 U.S.C. § 801 et seq.)
classifies marijuana as a Schedule 1 Drug, which is defined as a drug or other
substance that has a high potential for abuse, no currently accepted medical use for
treatment in the United States, and which has not been accepted as safe for use
under medical supervision; and
WHEREAS, the Federal Controlled Substances Act makes it unlawful under
federal law for any person to cultivate, manufacture, distribute or dispense, or possess
with an intent to manufacture, distribute, or dispense marijuana; and
WHEREAS, the Federal Controlled Substances Act contains no exception for
medical purposes, but, through federal legislation related to appropriations of federal
funds, the United States has suspended funding to the United States Department of
Justice to prevent states that have adopted limited marijuana use for medical
purposes from implementing those states’ medical marijuana laws; and
WHEREAS, on October 9, 2015, Governor Brown signed three (3) bills into law
(AB 243, AB 266, and SB 643) which collectively are known as the Medical Marijuana
Regulation and Safety Act (“MMRSA”); and
WHEREAS, the MMRSA sets up a State licensing scheme for commercial medical
marijuana uses, while protecting local control by requiring that all such businesses
must have a local license or permit in addition to a State license in order to operate;
and
WHEREAS, the MMRSA allows cities to completely prohibit all commercial
medical marijuana activities; and
WHEREAS, the MMRSA also requires numerous State agencies to issue
regulations relating to their areas of expertise; and
WHEREAS, the State estimates that it will not begin processing licenses for
marijuana related uses until January 2018 at the earliest; and
WHEREAS, as a result of this new State licensing system, as well as the yet-to-
be issued State regulations, there is uncertainty as to how the MMRSA and its
regulations will be implemented by State officials; and
WHEREAS, as recognized by the Attorney General’s August 2008 Guidelines for
the Security and Non-Diversion of Marijuana Grown for Medical Use, marijuana
cultivation or other concentration of marijuana in any location or premises without
adequate security increases the risk that surrounding homes or businesses may be
negatively impacted by nuisance activity such as loitering or crime; and
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WHEREAS, the City Council finds that medical marijuana activities, as well as
cultivation for personal medical use as allowed by the CUA and MMPA can adversely
affect the health, safety, and well-being of City residents if such activities are either
unregulated or not properly regulated; and
WHEREAS, the City Council finds that in order to err on the side of caution,
Citywide prohibition is proper and necessary at this point in time to avoid the risks of
criminal activity, degradation of the natural environment, malodorous smells, and
indoor electrical fire hazards that may result from such activities if they are either
unregulated or not properly regulated, with the understanding that the City Council
may, at a future period in time, revisit the regulation of cannabis related uses and
commercial cannabis activities as authorized under the MMRSA; and
WHEREAS, the limited immunity from specified state marijuana laws provided
by the CUA and MMPA does not confer a land use right or the right to create or
maintain a public nuisance; and
WHEREAS, the MMRSA contains language that requires cities to prohibit
cultivation uses by March 1, 2016 either expressly or otherwise under the principles of
permissive zoning, or the State will become the sole licensing authority; and
WHEREAS, the MMRSA also contains language that requires delivery services to
be expressly prohibited by local ordinance, if the City wishes to do so; and
WHEREAS, the MMRSA is silent as to how the City must prohibit these or other
types of commercial medical marijuana activities; and
WHEREAS, Section 9.20.050 of the La Quinta Municipal Code currently bans
medical marijuana dispensaries in all zones, and defines “medical marijuana
dispensary” as a “facility or location which provides, makes available or distributes
medical marijuana to a primary caregiver, a qualified patient, or a person with an
identification card, in accordance with California Health and Safety Code Section
11362.5 et seq.”; and
WHEREAS, while the City Council expressly believes and reiterates its intent
that dispensaries, deliveries, and all related types of marijuana uses are prohibited
under the City’s Municipal Code, the City Council desires to enact this ordinance to
expressly make clear that all cannabis related uses and commercial cannabis
activities are prohibited throughout the City; and
WHEREAS, although the City desires to clarify that all medical marijuana uses
are banned at this point in time, the City Council retains the ability to either modify or
repeal this as well as any other related ordinances in the event that the MMRSA proves
to be an effective means by which to regulate marijuana related uses.
NOW, THEREFORE, the City Council of the City of La Quinta does ordain as
follows:
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SECTION 1. Recitals. The foregoing recitals are true and correct and are incorporated
herein as though set forth in full.
SECTION 2. Authority. This Ordinance is adopted pursuant to the authority granted
by the California Constitution and State law, including but not limited to Article XI,
Section 7 of the California Constitution, the CUA, the MMPA, and the MMRSA.
SECTION 3. Adoption. Chapter 5.90 is hereby added to the La Quinta Municipal Code
as written in Exhibit A attached hereto.
SECTION 4. Cumulative Ordinance. Nothing in this Ordinance shall be interpreted to
allow any land use which is not expressly listed as permitted or conditionally
permitted within the City’s Zoning Code.
SECTION 5. CEQA Determination. In adopting this Ordinance, the City Council finds
that the project is categorically exempt from the California Environmental Quality Act
(CEQA) pursuant to Title 14 California Code of Regulations Sections 15061(b)(3) and
15378, in that it can be seen with certainty that the adoption of the Municipal Code
amendments propose no activity that may have a significant effect on the
environment and will not cause a direct physical change in the environment or a
reasonably foreseeable indirect physical change in the environment.
SECTION 6. Severability. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this Ordinance is, for any reason, held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this Ordinance. The City
Council hereby declares that it would have adopted this Ordinance and each and
every section, subsection, subdivision, sentence, clause, phrase, or portion thereof,
irrespective of the fact that any one or more section, subsections, subdivisions,
sentences, clauses, phrases, or portions thereof be declared unconstitutional.
SECTION 7. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30)
days after its adoption.
SECTION 8. POSTING: The City Clerk shall, within 15 days after passage of this
Ordinance, cause it to be posted in at least three public places designated by
resolution of the City Council, shall certify to the adoption and posting of this
Ordinance, and shall cause this Ordinance and its certification, together with proof of
posting to be entered into the Book of Ordinances of the City of La Quinta.
PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City
Council held this 1st day of December, 2015, by the following vote:
AYES:
NOES:
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Ordinance No. 531
Addition of Chapter 5.90 to Title 5 – Business Regulations
Adopted: December 1, 2015
Page 5 of 6
ABSENT:
ABSTAIN:
____________________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
__________________________________________
SUSAN MAYSELS, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
_____________________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
*Ordinances are adopted on second reading.
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Page 6 of 6
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby
certify the foregoing to be a full, true, and correct copy of Ordinance No. (enter
number) which was introduced at a regular meeting on the (date) day of (month),
(year), and was adopted at a regular meeting held on the (date) day of (month),
(year), not being less than 5 days after the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the
City of La Quinta as specified in the Rules of Procedure adopted by City Council
Resolution No. 2014-013.
__________________________________________
SUSAN MAYSELS, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby
certify that the foregoing ordinance was posted on , pursuant to
Council Resolution.
__________________________________________
SUSAN MAYSELS, City Clerk
City of La Quinta, California
76
City of La Quinta
CITY COUNCIL MEETING: December 1, 2015
STAFF REPORT
AGENDA TITLE: INTRODUCE FOR FIRST READING AN ORDINANCE ADDING CHAPTER
11.98 TO THE LA QUINTA MUNICIPAL CODE FOR EMERGENCY ACCESS TO GATED
COMMUNITIES BY LAW ENFORCEMENT; AND MAKING A FINDING OF EXEMPTION UNDER
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
RECOMMENDATION
A. Move to take up Ordinance No. 532 by title and number only and waive further
reading.
B. Move to introduce at first reading Ordinance No. 532 adding Chapter 11.98 to the
La Quinta Municipal Code relating to emergency access to gated communities by law
enforcement.
C. Make a finding, included in Ordinance No. 532, that the adoption of the ordinance is
exempt under the California Environmental Quality Act pursuant to Sections
15061(b)(3) and 15378 of Title 14 of the California Code of Regulations.
EXECUTIVE SUMMARY
Law enforcement lacks an independent means for accessing gated or secured
communities.
The lack of standardized access may delay law enforcement’s response times in
emergencies.
The proposed ordinance mandates all gated and secured communities to
provide a method for access by law enforcement in emergencies, with
allowance for an implementing policy and provisions for existing gated
communities to seek relief.
FISCAL IMPACT
None. Discussions with existing gated or secured communities indicate a willingness
on their part to fund this cost.
BACKGROUND/ANALYSIS
Currently, the La Quinta Police Department, relies on the Riverside County Fire
Department to provide police officers with access to gated or secured communities.
While the police and fire departments regularly coordinate the use of secured access
BUSINESS SESSION ITEM NO. 3
77
keys, the police department requested independent authority to gain access with its
own secured access keys (or other method) during emergencies, so that response
times may be minimized. The City has the authority to require access under the City’s
general land use authority and powers to promote public health, safety and welfare.
The proposed ordinance requires all communities that restrict access to provide law
enforcement with the “opportunity for immediate access” during an emergency,
which means access without the assistance of any person. Typically, this is achieved
with a secured-access key (“Knox Box”) held and monitored by authorized personnel.
The ordinance also authorizes the City Manager to adopt a policy, after consultation
with the Chief of Police, to ensure the method of compliance a secured community
employs is acceptable. It is anticipated that a policy will standardize and streamline
the process of compliance.
Finally, the ordinance establishes enforcement provisions. For new communities,
approved for development after the effective date of the ordinance, a condition of
approval requiring a method for law enforcement access will be imposed. Existing
gated communities would have one year to comply either by providing a method for
law enforcement access or by demonstrating an existing method meets law
enforcement’s requirements. The ordinance allows existing gated communities to
seek relief from the mandate, and the implementation policy is intended to establish
parameters for alternative methods of compliance. Fines, in accordance with
established municipal code provisions, may be imposed for non-compliance.
ALTERNATIVES
City Council may direct the Chief of Police, City Manager’s Office, City Attorney’s Office,
or other staff to propose a different ordinance concerning emergency access for law
enforcement.
Prepared by: William H. Ihrke, City Attorney
Approved by: Frank J. Spevacek, City Manager
Attachment: 1. Ordinance No. 532
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ORDINANCE NO. 532
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, ADDING CHAPTER 11.98 TO THE LA
QUINTA MUNICIPAL CODE RELATING TO EMERGENCY
ACCESS TO GATED COMMUNITIES BY LAW ENFORCEMENT
WHEREAS, law enforcement currently has no independent means for accessing
gated communities in the event of an emergency; and,
WHEREAS, the lack of standardized access to gated communities may delay
law enforcement’s response times to emergencies and thereby endangers the public
in times of emergency; and,
WHEREAS, law enforcement must have immediate access to gated
communities during emergencies for lifesaving purposes and to investigate, prevent,
and respond to any public offenses or breaches of the peace.
NOW THEREFORE, the City Council of the City of La Quinta does hereby ordain
as follows:
SECTION 1. The above recitals are true and correct and incorporated herein.
SECTION 2. This Ordinance shall be known and may be cited as the “La Quinta
Emergency Access Ordinance.”
SECTION 3. Chapter 11.98 shall be added to the La Quinta Municipal Code as
written in Exhibit A attached hereto.
SECTION 4. In adopting this Ordinance, the City Council finds that the project is
categorically exempt from the California Environmental Quality Act (CEQA) pursuant
to Title 14 California Code of Regulations Sections 15061(b)(3) and 15378, in that it
can be seen with certainty that the adoption of the Municipal Code amendments
propose no activity that may have a significant effect on the environment and will not
cause a direct physical change in the environment or a reasonably foreseeable
indirect physical change in the environment.
SECTION 5. If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance, and each section, subsection, subdivision,
sentence, clause, phrase or portion thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases or portions might
subsequently be declared invalid or unconstitutional.
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SECTION 6. This Ordinance shall be in full force and effect thirty (30) days after its
adoption.
SECTION 7. The City Clerk shall certify to the passage and adoption of this
Ordinance, and shall cause the same to be published within fifteen (15) days after
passage in accordance with law, and shall cause this Ordinance and its certification,
together with proof of publication, to be entered into the Book of Ordinances of the
City of La Quinta.
PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City
Council held this 1st day of December, 2015 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
___________________________
SUSAN MAYSELS, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
________________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify the
foregoing to be a full, true, and correct copy of Ordinance No. ___ which was
introduced at a regular meeting on the __ day of ______________, 2015, and was
adopted at a regular meeting held on the __ day of ______________, 2015, not being
less than 5 days after the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the
City of La Quinta as specified in City Council Resolution No. 2014-013.
_________________________________
SUSAN MAYSELS, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify that
the foregoing ordinance was posted on _______________, 2015 pursuant to Council
Resolution.
_________________________________
SUSAN MAYSELS, City Clerk
City of La Quinta, California
81
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EXHIBIT A
CHAPTER 11.98 Emergency access to gated and other secured residential
communities.
11.98.010 Purpose and intent.
A. The purpose of this chapter is the protection of the public health, safety, and
general welfare by ensuring law enforcement has the opportunity for
immediate access to gated and other secured communities, which limit or
control access by the general public, in times of emergency to respond to public
offenses, breaches of the peace, or other natural- or human-induced disasters.
B. It is hereby declared that in any instance where the provisions of this chapter
conflict with any applicable federal or state law or regulation, such federal or
state law or regulation shall govern.
11.98.020 Definitions.
The following definitions shall govern the meaning of words and phrases used in this
chapter:
A. “Chief of police” means the chief of the police department or his/her designee.
B. “Emergency” means actual or threatened existence of conditions of a disaster
or of detriment to the safety of persons or to property within this city caused by
any natural- or human-induced event or events, including but not limited to
actual or threatened existence of conditions related to a crime or alleged
criminal conduct punishable under any law. An emergency may, but need not,
be reported to law enforcement by means of an emergency call (“911 call”),
alarm system, or any other means to notify the city or public safety officers of
conditions that otherwise constitute an emergency under this chapter.
C. “Existing gated community” means a gated community that, prior to the
effective date of this chapter, meets any one or multiple of the following:
1. Physical construction of the development has commenced or been
completed;
2. A complete or deemed complete application(s) for all necessary
development permits has been submitted and approved by the director(s) of
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the department(s) responsible for approving all application(s), in accordance
the La Quinta Municipal Code and standard city policies and practices.
3. Development of the community has been approved by issuance of a grading
permit, building permit, conditional use permit, development agreement,
subdivision map, or other permit or entitlement.
D. “Fire chief” means the fire chief serving the city or his/her designee. The fire
chief may be that person so designated by the Riverside County Fire
Department pursuant to a contract for fire services entered into with the city.
E. “Gated community” means any residential or mixed use development,
including residential projects of at least two or more units, that limits free and
open access to law enforcement or the general public, or both, because of on-
site security provisions, including but not limited to “manned” or “un-manned”
guard gates, barriers, locked common areas that provide the means of ingress
to or egress from a residence’s door, or other restrictions. A single-family
residence with a gated driveway does not fall within this definition.
F. “Law enforcement” means any officer or official of the police department,
including the chief of police.
G. “Opportunity for immediate access” means a method, including but not limited
to an emergency key system or locked key box, by which the police department
may immediately access a gated community without the assistance of any
person.
H. “Police department” means the department providing police services to the
city, which may be the Riverside County Sheriff Department pursuant to a
contract for police services entered into with the city.
I. “Responsible party” means the person(s) charged with the responsibility for
managing a gated community, including but not limited to the owner of the
real property that has a gated community, the owner or manager of the gated
community, or the board of directors of the homeowner’s association for the
gated community or representative thereof.
11.98.030 Access During Emergency and to Preserve Public Safety.
Each gated community shall provide the opportunity for immediate access to law
enforcement at all times for emergencies. It shall be the responsibility of each gated
community to ensure its method of providing such access complies with standards
approved by the police department. It shall be the responsibility of each gated
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community to ensure that the method of access it adopts is installed and maintained
in good working order at all times.
11.98.040 Duties of Chief of Police.
It shall be the responsibility of the chief of police, upon consultation with the fire chief,
to implement a policy for acceptable methods of providing the opportunity for
immediate access to law enforcement to gated communities.
11.98.050 New Gated Communities.
After the effective date of this chapter, it shall be a condition of approval for the
development of any gated community to provide an opportunity for immediate access
to the gated community and to provide to the city manager or his/her designee, a
certification from the chief of police that the gated community has complied with this
chapter. The city manager or his/her designee, shall implement the requirement and
enforcement of this condition of approval, which may be a condition of approval to a
subdivision map or development permit.
11.98.060 Existing Gated Communities.
A. Within one (1) year of the effective date of this chapter, it shall be the
responsibility of each existing gated community to provide the opportunity for
immediate access to law enforcement at all times for emergencies, and to
provide to the city manager or his/her designee, a certification from the chief of
police that the gated community has complied with this chapter.
B. If, as of the effective date of this chapter, an existing gated community already
has implemented a method of providing an opportunity for immediate access
to law enforcement, it shall be the existing gated community’s responsibility to
consult with the chief of police to ensure that its method of compliance
conforms to law enforcement’s standards. The chief of police shall have the
authority to determine whether a method of providing an opportunity for
immediate access conforms to law enforcement’s standards.
C. An existing gated community may submit an application for relief from the
requirements in subsection (A) or an adverse decision from the chief of police
under subsection (B) of this section, or both, pursuant to the following
procedures:
1. A hearing before the city manager pursuant to Section 2.08.180 and
related provisions of the La Quinta Municipal Code, as may be amended
from time to time;
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2. An administrative appeal of an adverse administrative decision of the
city manager to the city council pursuant to Section 2.8.230 and related
provisions of the La Quinta Municipal Code, as may be amended from
time to time.
11.98.070 Implementing Policy.
The city manager, after consultation with the chief of police, may adopt a policy for
the implementation of the requirements and enforcement of this chapter. The policy
may include an opportunity for an existing gated community to propose an alternative
method for providing an opportunity for immediate access to law enforcement that
complies with this chapter, and the policy may include available alternatives to
existing gated communities that would assist an existing gated community in
complying with this chapter.
11.98.080 Penalties.
Any responsible party who owns, manages, or operates a gated community in
violation of this chapter shall be subject to an administrative citation and fine
pursuant to Chapter 1.09 of the La Quinta Municipal Code, with each day a violation
exists being a separate and distinct violation, and the amount of each fine subject to
the maximum amount allowed pursuant to Section 1.09.020 of the La Quinta
Municipal Code, as may be amended from time to time. A violation of any provision of
this chapter shall be, and is hereby declared to be, a public nuisance. In addition to
any other enforcement permitted by the La Quinta Municipal Code, the city attorney
may bring a civil action for injunctive relief and civil penalties against any person who
violates any provision of this chapter.
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City of La Quinta
CITY COUNCIL MEETING: December 1, 2015
STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTION TRANSFERING AND ACCEPTING PROPERTY WITH THE
LA QUINTA HOUSING AUTHORITY
RECOMMENDATION
Adopt a resolution authorizing the City Manager to transfer property to the La Quinta
Housing Authority, to accept property from the Housing Authority, and process
documentation regarding these transfers.
EXECUTIVE SUMMARY
The City desires to facilitate the development of an arts and education center on
property owned by the Housing Authority (Authority) (Exhibit A of the attached
Resolution).
The City owns vacant property on Calle Sinaloa, west of Avenida Bermudas (Exhibit
C of the attached Resolution); and the City and the Authority desire to exchange
the City property for comparable Authority property
While the City property is smaller than the Authority property, only a portion of the
Authority property (Exhibit B of the attached Resolution) is encumbered with
affordable housing requirements.
FISCAL IMPACT --- None.
BACKGROUND/ANALYSIS
The City has the opportunity to facilitate the development of an arts and education center
that serves all populations in the community; the designated site is the Authority
property. In 2012, the La Quinta Redevelopment Agency was dissolved and title to the
Authority property was transferred from the defunct Redevelopment Agency to the
Authority. In order to facilitate development of both the arts center and affordable
housing, the City and the Authority would exchange their respective properties. Since
only a portion of the Authority property was purchased with Redevelopment Agency
Housing funds, the Authority will receive property of comparable size.
ALTERNATIVES
The Council could elect to designate another City property for this exchange.
Prepared by: Chris Escobedo, Assistant to City Manager
Approved by: Frank J. Spevacek, City Manager
BUSINESS ITEM NO. 6
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RESOLUTION NO. 2015 –
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA AUTHORIZING THE CITY MANAGER TO
TRANSFER CERTAIN REAL PROPERTY TO THE LA QUINTA
HOUSING AUTHORITY, TO ACCEPT CERTAIN REAL
PROPERTY FROM THE LA QUINTA HOUSING AUTHORITY,
AND PROCESSING OF DOCUMENTATION REGARDING THE
CONVEYANCES
WHEREAS, the City of La Quinta is a municipal corporation and charter city
under the Constitution of the State of California (“City”); and
WHEREAS, the La Quinta Housing Authority (the “Authority”) is a public body,
corporate and politic, organized and existing under the California Housing Authorities
Law (California Health and Safety Code Section 34200 et seq.); and
WHEREAS, pursuant to California Health and Safety Code Section 34315, the
Authority has the power to sell, lease, exchange, transfer, assign, pledge, or dispose of
any real or personal property or any interest in it; and
WHEREAS, the Authority acquired certain real property in 2012, which is
described in Exhibit A to this Resolution and incorporated herein by this reference (the
“Property”), and a portion of the Property was purchased with former La Quinta
Redevelopment Agency Low and Moderate Income Housing Funds, which is described
in Exhibit B to this Resolution and incorporated herein by this reference (the “Real
Property’s Affordable Housing Portion”), and the remainder of the Property was
purchased with unrestricted funds; and
WHEREAS, a comparable City-owned site is available for the Real Property’s
Affordable Housing Portion that may serve as a location for future housing, which is
described in Exhibit C to this Resolution and incorporated herein by this reference (the
“New Housing Property”); and
WHEREAS, the Authority has appraisals of the current fair market value of
comparable properties that reflect the fair market value of the Property; and
WHEREAS, the City now desires to authorize the City Manager to accept
ownership of the Property and to transfer the New Housing Property to the Authority
to accommodate the Real Property’s Affordable Housing Portion; and
WHEREAS, this Resolution has been reviewed with respect to applicability of the
California Environmental Quality Act (“CEQA”), the State CEQA Guidelines (California
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Code of Regulations, Title 14, Sections 15000 et seq., hereafter the “State CEQA
Guidelines”), and the City’s environmental guidelines; and
WHEREAS, pursuant to Section 15301 of the State CEQA Guidelines, the transfer
of Real Property’s Affordable Housing Portion is exempt from environmental review
under CEQA because the transfer will result in a continuation of an existing facility
involving no expansion of use and is therefore exempt from environmental review,
and any future development of the real property will require separate environmental
review; and
WHEREAS, all of the prerequisites with respect to the approval of this
Resolution have been met.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta,
California, as follows:
SECTION 1. The foregoing recitals are true and correct and are incorporated herein
by this reference.
SECTION 2. The City Council hereby authorizes the processing of documentation
accepting City’s ownership of the Property and transferring from the City to the
Authority ownership of the New Housing Property to accommodate the Real Property’s
Affordable Housing Portion.
SECTION 3. The City Manager is authorized to effectuate the conveyances described
in Section 2, at such time as the conveyances is effectuated, and to take such other
and further actions, and execute such other and further documents, as are necessary
and proper in order to implement this Resolution on behalf of the City.
SECTION 4. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City
Council held this 1st day of December, 2015, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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_________________________________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
_______________________________________
SUSAN MAYSELS, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
_______________________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
97
Resolution N
Real Propert
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No. 2015 –
ty Transfer betw
ecember 1, 2015
-0002
11/25/15
een City of La Qu
5
uinta and Housin
EX
Housing A
ng Authority
-4-
HIBIT “A”
uthority Pr
roperty
98
Resolution N
Real Propert
Adopted: D
Page 5 of 7
2671/015610
9083641.2 a1
No. 2015 –
ty Transfer betw
ecember 1, 2015
-0002
11/25/15
een City of La Qu
5
uinta and Housin
EX
ng Authority
-5-
HIBIT “A”
99
Resolution No. 2015 –
Real Property Transfer between City of La Quinta and Housing Authority
Adopted: December 1, 2015
Page 6 of 7
2671/015610-0002
9083641.2 a11/25/15 -6-
EXHIBIT “B”
Affordable Housing Portion
100
Resolution N
Real Propert
Adopted: D
Page 7 of 7
2671/015610
9083641.2 a1
No. 2015 –
ty Transfer betw
ecember 1, 2015
-0002
11/25/15
een City of La Qu
5
uinta and Housin
EX
City
ng Authority
-7-
HIBIT “C”
y Property
101
102
City of La Quinta
CITY COUNCIL MEETING: December 1, 2015
STAFF REPORT
AGENDA TITLE: RECEIVE AND FILE FISCAL YEAR 2014/15 GENERAL FUND YEAR-END
BUDGET REPORT
RECOMMENDATION
Receive and file.
EXECUTIVE SUMMARY
Approximately six months after the close of the prior fiscal year, the Finance
Department presents a year-end summary that compares the Fiscal Year (FY)
2014/15 Final Budget revenues and expenditures to FY 2014/15 Actual Budget
revenues and expenditures.
The year-end summary is a precursor to presenting the Comprehensive Annual
Financial Report (CAFR).
Expenditures (including approved carryovers of FY 2014-2015 appropriations
into FY 2015-2016) exceeded revenues by $33,684.
FISCAL IMPACT --- None.
BACKGROUND/ANALYSIS
Actual General Fund revenues exceeded actual expenditures by just under $2.2 million.
However, when approved carryovers (City Council approved FY 2014/15 expenditures that
were not expended in that fiscal year but will be expended in FY 2015/16) are factored in,
expenditures exceeded revenue by $33,684.
FY 2014/15 YEAR-END
Total Current Resources $ 39,892,248
Less Total Expenditures $ (37,722,142)
Surplus/(Shortfall)$ 2,170,106
Less CIP Carryovers $ (1,727,390)
Less Approved GF Carryovers $ (476,400)
Total Carryovers $ (2,203,790)
Surplus/(Shortfall) with Carryovers $ (33,684)
BUSINESS ITEM NO. 7
103
Overall, FY 2014/15 revenue was $2.1 million higher (5.6%) than anticipated when the
2014/15 Budget was adopted in June 2014; $1.3 million of this increase is attributed to
higher no/low property tax and Redevelopment Property Tax Trust Fund (RPTTF) receipts.
Revenues are discussed in greater detail in the ‘‘General Fund Revenue’’ section of this
report.
FY 2014/15 actual expenditures were $2.47 million less than projected; however, after
factoring in approved FY 2014/15 carryovers, expenditures were only $271,055 under
budget (99% expended). Expenditures are discussed in greater detail in the ‘‘Expenditure
Variances’’ section of this report.
Revenue Classification Final Variance %Variance
Budget Actuals Final Budget Final Budget
2014-2015 2014-2015 to Actuals to Actuals
TAXES 24,268,930 25,959,888 1,690,958 7.0%
LICENSES & PERMITS 1,184,200 1,356,977 172,777 14.6%
INTERGOVERNMENTAL REVENUES 9,788,596 9,774,047 (14,549) -0.1%
CHARGES FOR SERVICES 1,122,194 1,345,027 222,833 19.9%
FINES, FORFEITURES, ABATEMENTS 237,650 283,796 46,146 19.4%
USE OF MONEY & PROPERTY 679,462 604,052 (75,410) -11.1%
MISCELLANEOUS 155,905 215,803 59,898 38.4%
TRANSFERS IN 323,189 352,658 29,469 9.1%
Total Current Resources 37,760,126 39,892,248 2,132,123 5.6%
FY 14-15
FINAL BUDGET
FY 14-15
ACTUALS
UNDER/
(OVER) FINAL
BUDGET
PERCENT
SPENT
CITY COUNCIL 283,031 277,493 5,538 98%
CITY MANAGER 1,190,743 1,003,784 186,959 84%
CITY ATTORNEY 380,000 378,308 1,692 100%
HUMAN RESOURCES 396,156 348,150 48,006 88%
CITY CLERK 559,375 503,666 55,709 90%
FINANCE 1,118,929 1,076,880 42,049 96%
CENTRAL SERVICES 1,203,804 883,355 320,449 73%
POLICE 13,666,143 14,080,982 (414,839) 103%
FIRE 5,413,993 5,103,896 310,097 94%
COMMUNITY SERVICES 4,650,934 4,583,736 67,197 99%
COMMUNITY DEVELOPMENT 3,115,394 2,893,269 222,125 93%
PUBLIC WORKS 3,295,362 3,199,808 95,554 97%
TRANSFERS OUT 4,922,620 3,388,815 1,533,804 69%
GENERAL FUND GRAND TOTAL 40,196,484 37,722,142 2,474,341 94%
LESS: APPROVED CARRYOVERS 476,400
LESS: CIP CARRYOVERS 1,727,390
GENERAL FUND WITH CARRYOVERS 40,196,484 39,925,932 270,551 99%
BUDGET TO ACTUALCity of La Quinta
FY 2014/15
General Fund Expenditure
Summary
104
In FY 20
Reserve
property
of Reser
GENERA
Total rev
FY 2013
014/15, the
s for one-tim
y acquisitio
rves was ne
AL FUND RE
venue was
/14, revenu
F
Council ap
me constru
n. Howeve
eeded. The
EVENUE
$39,892,24
ue increase
Draina
Carra n
Flood D
Jeffers
Monro
Class/C
PSOMA
*Richard s
Tota l
*
F Y 2014/1
Note: Gen
(balance
fund GF p
(sale of p
proved usin
uction proje
er, since rev
e following
48, $2.1 mil
ed by 2.85%
a ge Study
nza Draina
Damage
son/I10
e St. Pavi
C omp Stu
AS Contra
son Proper t
l
15 Use of
neral Fund p
e paid with V
p ortion of pu
police substa
ng $1.8 mil
ects, flood d
enues were
was to be f
lion or 5.6%
% or $1.1 m
a ge
ng
dy
ct
ty Purchase
f General
p ortion only,
Village in Lieu
urchase wa s
ation proper
llion of Gen
damage rep
e higher tha
funded from
% higher tha
million.
198,8
71,0
350,0
632,0
350,0
41,1
63,0
e 122,5
1,828,4
l Fund Re
total cost $
u fees). Rev e
s received in
rty)
neral Fund U
pairs, draina
an projecte
m reserves
an projecte
8 08
0 00
0 00
0 00
0 00
1 00
0 00
5 00
408
eserves
$207,300
enue used to
FY 2014/13
Unappropri
age projects
ed, only $33
:
d. Compare
o
iated
s and
3,984
ed to
105
Property
‘‘no/low
revenue
of the fo
17% hig
distribut
Regular
The City
research
distribut
‘‘no/low
tax reve
higher (
The City
revenue
the City
RPTTF re
Sales Ta
the City
its 1% a
City’s al
tax reve
sales tax
y Tax. The
’’ and Rede
e is property
ormer City a
gher than
tions and fo
property ta
y received,
hing why t
tions now b
’’ payment
enue comb
$109,200) t
y’s RPTTF d
e has been c
estimates
evenue, app
ax. The Sta
and the St
llocation d
location is
enue was o
x was flat w
e City rece
evelopment
y tax revenu
and County
budgeted
or the first t
ax revenue
for the firs
his adjustm
being alloca
was only 2
ined was o
than FY 20
distribution
challenging
this revenu
proximately
te of Califo
ate retains
irectly from
in the form
n target wi
with no gro
ives three
t Property T
ue in exces
Redevelop
($1.3 millio
time, a new
e was as pro
st time, a n
ment occur
ated to ‘‘no
2% higher t
only about
13/14 colle
was $589
g and is com
ue in a cons
y $312,000
ornia levies
s the remain
m state sale
m of ‘‘state p
th projectio
owth.
categories
Tax Trust F
ss of what is
pment Agen
on). Howe
w adjustme
ojected, $2
new ‘‘no/lo
rred but th
/low’’ alloca
than expect
1% higher
ections.
,147 highe
mprised of C
servative m
was due to
a 7.5% sale
ning 6.5%.
es tax colle
property ta
ons of $8.1
s of proper
Fund (RPTT
s needed to
ncies. Total
ever, this is
ent to the C
,042,433.
w’’ adjustm
he County h
ations). Wi
ted ($79,60
r than budg
er than exp
ity RPTTF an
manner. Of t
o higher tha
es tax state
The City re
ections. The
ax in lieu’’ o
2 million. C
rty tax rev
F) distribut
o fund the d
l property t
s due to in
City’s ‘‘no/lo
ment of $6
has attribu
ithout this
00). Regula
geted ($71
pected. Es
nd County R
the additio
n estimate
ewide; 1%
eceives thr
e remaining
of sales tax.
Compared
venue: reg
tions; the R
debt obligat
ax revenue
ncreased R
ow’’ distribu
39,066 (sta
uted it to R
adjustmen
ar and ‘‘no/
,900) and 1
stimating R
RPTTF, there
nal $589,1
d County RP
is returned
ee-fourths
g fourth of
. Total sale
to FY 2013
gular,
RPTTF
tions
e was
RPTTF
ution.
aff is
RPTTF
nt the
/low’’
1.8%
RPTTF
efore
47 in
PTTF.
d to
of
the
es
/14,
106
Transien
(5.2%). O
vacation
($327,86
vacation
nt Occupan
Of the $6.6
n rental TOT
67). Of this
n rental pro
ncy Tax (TO
6 million col
T. Compar
s increase,
ogram.
T). TOT rev
llected, app
ed to FY 20
approxima
venues wer
proximately
013/14, TOT
ately $145,0
re $327,889
y $1.1 milli
T collection
000 is relat
9 higher tha
ion was in s
ns were 5%
ted to the s
an budgete
short-term
higher
short-term
ed
107
Charges
includin
well as a
the cost
than bu
plan che
2014/15
which to
Licenses
items in
permits.
revenue
were 6.1
2% ($6,
increase
Motor Ve
the City’
2005. T
the City’
the esti
2013/14
s for Service
g plan chec
a variety of
t of providin
dgeted ($2
eck fees. C
5 ($106,857
otaled $59,
s and Perm
cluding bus
. Overall th
es of $1.36
1% higher (
,087) but w
e was in Pu
ehicle in Lie
’s share of
he paymen
’s assessed
mate the S
4 MVLF reve
es. This rev
ck fees cha
f Communit
ng eligible C
222,833) for
ompared to
7). A highlig
,535 and ex
its. This rev
siness licen
is category
million. C
($78,836).
were flat c
blic Works
eu Fee (MVL
motor vehi
nt is based
valuation.
State provid
enue was 6
venue categ
arged by Co
ty Services
City service
r a total of
o FY 2013/1
ght of this
xceeded pr
venue cate
ses, and va
y exceeded b
Compared t
Business Li
ompared t
Permits, w
LF). This rev
icle license
on a calcul
The MVLF p
ded at the
6% higher in
gory is com
ommunity D
fees. The C
es. Overall,
$1.3 millio
14, charges
category is
ojections b
egory is com
rious Comm
budget proj
to FY 2013/
icense reve
to FY 2013
hich excee
venue is a s
fees the St
lation by th
payment of
beginning
n FY 2014/1
mprised of 3
Developme
City can on
these reve
n. Of the in
s for service
s Wellness C
by $33,535
mprised of a
munity Deve
jections by
/14, License
enue excee
3/14 collect
ded projec
ubvention f
tate stoppe
he State tha
f $3.5 millio
of the fisc
15 ($195,59
39 different
ent and Pub
ly assess fe
enues were
ncrease, $1
es were 8.6
Center mem
(129%).
about 25 di
elopment a
$172,777 (
es and Perm
ded budge
tions. The
tions by $7
from the St
ed allocatin
at factors i
on was $66
cal year. C
95).
t revenue it
blic Works, a
ees that fun
e 20% highe
119,225 wa
6% higher i
mberships,
fferent reve
nd Public W
(14.6%) for
mits collect
t projection
e biggest s
79,188 (45.3
tate. It repl
ng to the C
n the grow
6,922 more
Compared t
tems
as
nd
er
as in
n FY
enue
Works
total
tions
ns by
ingle
3%).
aced
ity in
wth of
than
to FY
108
EXPEND
General
expende
improve
$476,40
leaving
included
appropr
The Pol
Commu
their de
Not incl
(6.16%).
The bigg
Public S
2013/14
DITURES
Fund expe
ed), with an
ement proj
00. Total ex
$270,551
d in the ye
riations with
lice Depart
nity Service
partments
uding carry
. Compared
gest factors
Safety costs
4.
enditures,
n unexpend
ects (CIP)
xpenditures
of budget
ear-end bu
h available
tment bud
es, Commu
over budge
yovers, Gen
d to FY 201 3
s, as discuss
s and addi
before car
ded budget
totaled $1
s (including
unexpend
udget repo
resources.
dget was t
unity Devel
et, but over
neral Fund
3/14, actual
sed during
itional cap
ryovers, to
t amount o
1,727,390 a
g carryovers
ded). For
ort so that
.
the only d
opment an
rall the dep
expenditu
l expenditu
the FY 201
ital improv
otaled, $37
of $2,474,34
and other
s) were $39
budgetary
t all can c
department
nd Public W
partments w
ures were $
res were $4
4/15 budge
vement pro
7,722,142 (
41. Carryo
non-CIP c
9,925,932 (
purposes
compare to
t that was
Works had d
were within
$2.4 million
4.3 million h
et process,
ojects as c
94% of bu
overs for ca
arryovers w
(99% of bud
carryovers
otal fiscal
s over bud
divisions w
n budget.
n under bu
higher (13.0
were incre
ompared t
udget
apital
were
dget,
s are
year
dget.
within
udget
08%).
ased
to FY
109
Police Se
items di
2015/16
P
d
c
P
o
T
h
T
T
Sy
2
a
e
Parks Ma
its budg
The Risk
compan
Recreati
overage
related t
Building
over bud
services
ervices. Po
iscussed be
6.
rior to June
deploy depu
overage; to
olice Depa
vertime an
he hourly
istorical po
his has also
he City paid
ystem (CLE
014/15. Th
re issued.
nsure each
aintenance
get by $82,1
k Manager i
ny and the C
ion Program
e of $9,778
to increase
g and Safety
dget by $57
s ($144,614
olice Service
elow; all thr
e 2015, a sh
uties on 10
otal patrol
artment ha
nd patrol co
rate for th
olice budge
o been upd
d two invoic
ETS) in FY 20
his is a resu
The City no
h year’s exp
e (Commun
149 (5.7%),
s in the pro
City will be
ms (Commu
due primar
ed activity, w
y (Commun
7,360 (9.39
4) to accom
es were $41
ree contribu
ortage of p
0-hour patr
hours and
as now res
osts have st
he Special
et requests
dated for th
ces for the C
014/15. On
ult of a 3 to
ow aggressi
penses are
nity Services
, which is a
ocess of clo
fully reimb
unity Servic
rily to incre
which is off
nity Develo
9%), due pri
mmodate inc
14,839 ove
uting facto
atrol deput
rol shifts, w
d overtime
umed a no
teadily decr
Enforceme
and it did
he current f
California La
ne was from
6 month la
ively pursu
captured in
s Departme
ttributable
osing out th
bursed for t
ces Departm
eased part-
ffset by prog
pment Dep
imarily to o
creased wo
r budget (3
ors have bee
ties require
with manda
charges ex
ormal sche
reased dur
ent Team w
not includ
fiscal year.
aw Enforcem
m the FY 20
ag time bef
es year-end
n the appro
ent). Parks
to repairs
he claim wi
these costs
ment). This
time staff a
gram fee in
partment).
overages in
ork-load an
3%) as a res
en correcte
d the Police
atory overt
xceeded th
edule witho
ing the cur
was carried
de contract
ment Telec
13/14 and
fore certain
d expendit
opriate yea
s Maintena
related to s
th the insu
s.
s division h
and instruc
ncome.
Building an
n contract p
nd vacancie
sult of the
ed in FY
e Departme
ime, to pro
he budget.
out manda
rrent fiscal y
d forward
rate increa
ommunicat
the other f
n police invo
ure close o
r.
ance exceed
storm dam
urance
had a minor
ctor costs
nd Safety w
plan check
es. Howeve
ent to
ovide
The
atory
year.
from
ases.
tions
for FY
oices
ut to
ded
mage.
r
was
er,
110
savings in other areas of the division reduced this overage to $57,360 and this amount
is offset by increased corresponding revenue.
Public Works Administration (Public Works Department). This division appears over
budget by $76,646 (19%) because the budget estimated for staff time to be charged
to projects was inflated. As discussed during the FY 2015/16 budget process, credits
for time charged to projects will no longer be netted against expenditure budgets and
this will eliminate this distortion in the future; $57,360 of this amount is offset by
increased revenue.
Engineering Services (Public Works Department). This division appears over budget by
$242,244 (23.2%) because the budget estimated for staff time to be charged to
projects was inflated. As discussed during the FY 2015/16 budget process, credits for
time charged to projects will no longer be netted against expenditure budgets and
this will eliminate this distortion in the future.
GENERAL FUND UNAPPROPRIATED RESERVES
Total General Fund Unappropriated Reserves (categorized below) increased by $3.6
million from FY 2013/14. This increase is due to two factors. First, because revenues were
$2.1 million higher than expected, the City did not need to tap into reserves for
approximately $1.8 million of planned expenditures (as discussed at the beginning of this
report). Additionally, the City received a loan payment of $1.34 million from the
Successor Agency to the Redevelopment Agency.
The Finance Department is in the process of completing the FY 2014/15 Comprehensive
Annual Financial Report (CAFR) and will discuss non-spendable reserves when the CAFR is
presented.
CONCLUSION
Although revenues were approximately $2.1 higher than anticipated, it is important to
remember that $1.3 million of the increase was related to adjustments to property tax
and RPTTF distributions that may not be on-going or consistent from year to year. And,
expenditures with carryovers exceeded revenues by $33,684. Revenue projections will
most likely be adjusted upward during the FY 2015/16 Mid-Year review based upon FY
2014/15 year-end results. The Adopted FY 2015/16 Budget projects the use of $3.4
million in reserves, however, revenues will not be adjusted upward enough to decrease
this amount.
General Fund Unappropriated Reserves as of 6/30/2015
Categories 6/30/2015 6/30/2014 Variance
Cash Flow Reserve (10%) $ 3,843,150 $ 2,836,820 $ 1,006,330
Emergency Reserve (40%) $ 15,372,600 $ 16,034,995 $ (662,395)
OPEB (retiree medical) $ 1,523,401 $ 1,523,401 $ -
Continuing Appropriations $ 476,400 $ 565,438 $ (89,038)
CIP Carryovers $ 1,727,390 $ 1,507,429 $ 219,961
Available for Appropriation $ 13 ,837,312 $ 10,699,641 $ 3,137,671
$ 36,780,253 $ 33,167,724 $ 3,612,529
111
ALTERNATIVES
Since this is a summary of actual revenues and expenditures for FY 2014/15, no
alternatives are applicable.
Prepared by: Rita Conrad, Finance Director
Approved by: Frank J. Spevacek, City Manager
Attachments: 1) FY 2014/15 General Fund Expenditure Summary
2) FY 2013/14 to FY 2014/15 General Fund Expenditure Comparison
3) FY 2014/15 Revenue Detail
112
FY 14-15
FINAL BUDGET
FY 14-15
ACTUALS
UNDER/
(OVER) FINAL
BUDGET
PERCENT
SPENT
GENERAL GOVERNMENT
CITY COUNCIL 283,031 277,493 5,538 98%
CITY MANAGER 1,190,743 1,003,784 186,959 84%
CITY ATTORNEY 380,000 378,308 1,692 100%
HUMAN RESOURCES 396,156 348,150 48,006 88%
CITY CLERK 559,375 503,666 55,709 90%
SUB-TOTAL 2,809,305 2,511,401 297,904 89%
FINANCE/CENTRAL SERVICES
FINANCE 1,118,929 1,076,880 42,049 96%
CENTRAL SERVICES 1,203,804 883,355 320,449 73%
SUBTOTAL 2,322,733 1,960,235 362,498 84%
PUBLIC SAFETY
POLICE 13,666,143 14,080,982 (414,839) 103%
FIRE 5,413,993 5,103,896 310,097 94%
SUBTOTAL 19,080,136 19,184,878 (104,742) 101%
COMMUNITY SERVICES -
CS (COMMUNITY SERVICES)/ADMIN 1,056,543 993,971 62,573 94%
CS-WELLNESS CENTER 375,054 345,214 29,840 92%
CS-PROGRAMS 191,011 200,789 (9,778) 105%
CS-LIBRARY - - - 100%
CS-PARKS MAINTENANCE 1,440,934 1,523,083 (82,149) 106%
CS-MUSEUM - - - 100%
CS-MARKETING & COMMUNITY RELATIONS 624,736 607,472 17,264 97%
CS-PUBLIC BUILDINGS 962,655 913,206 49,448 95%
SUBTOTAL 4,650,934 4,583,736 67,197 99%
COMMUNITY DEVELOPMENT
CD (COMMUNITY DEVELOPMENT)/ADMIN 1,199,934 995,444 204,490 83%
CD-PLANNING 384,118 378,415 5,703 99%
CD-BUILDING 610,803 668,164 (57,360) 109%
CD-CODE & ANIMAL CONTROL 829,037 764,965 64,072 92%
CD-EMERGENCY SERVICES 91,501 86,281 5,220 94%
SUBTOTAL 3,115,394 2,893,269 222,125 93%
PUBLIC WORKS
PW (PUBLIC WORKS)/ADMIN 393,781 470,427 (76,646) 119%
PW-DEVELOPMENT SERVICES 735,493 586,423 149,070 80%
PW-STREETS 575,422 499,944 75,479 87%
PW-LIGHTING & LANDSCAPING 546,534 356,640 189,894 65%
PW-ENGINEERING SERVICES 1,044,131 1,286,375 (242,244) 123%
SUBTOTAL 3,295,362 3,199,808 95,554 97%
TRANSERS
TRANSFERS OUT 4,922,620 3,388,815 1,533,804 69%
SUBTOTAL 4,922,620 3,388,815 1,533,804 69%
GENERAL FUND GRAND TOTAL 40,196,484 37,722,142 2,474,341 94%
LESS: APRROVED CARRYOVERS 476,400
LESS: CIP CARRYOVERS 1,727,390
GENERAL FUND WITH CARRYOVERS 40,196,484 39,925,932 270,551 99%
City of La Quinta
FY 2014-2015
General Fund
Expenditure Summary
BUDGET TO ACTUAL
ATTACHMENT 1
113
114
FY 2013-2014
ACTUALS
FY 2014-2015
ACTUALS
YEAR TO YEAR
INCREASE/
(DECREASE)
PERCENT
INCREASE/
(DECREASE)
GENERAL GOVERNMENT
CITY COUNCIL 645,145 277,493 (367,653) -56.99%
CITY MANAGER 594,275 1,003,784 409,509 68.91%
CITY ATTORNEY 378,308 378,308 n/a
HUMAN RESOURCES 637,887 348,150 (289,737) -45.42%
CITY CLERK 359,686 503,666 143,981 40.03%
SUB-TOTAL 2,236,993 2,511,401 274,408 12.27%
FINANCE/CENTRAL SERVICES -
FINANCE 872,791 1,076,880 204,089 23.38%
CENTRAL SERVICES 199,956 883,355 683,399 341.78%
SUBTOTAL 1,072,747 1,960,235 887,488 82.73%
PUBLIC SAFETY - -
POLICE 13,639,206 14,080,982 441,776 3.24%
FIRE 4,699,410 5,103,896 404,486 8.61%
SUBTOTAL 18,338,615 19,184,878 846,262 4.61%
COMMUNITY SERVICES - -
CS (COMMUNITY SERVICES)/ADMIN 846,872 993,971 147,099 17.37%
CS-WELLNESS CENTER 353,977 345,214 (8,762) -2.48%
CS-PROGRAMS 207,963 200,789 (7,174) -3.45%
CS-LIBRARY - - -
CS-PARKS MAINTENANCE 1,380,720 1,523,083 142,364 10.31%
CS-MUSEUM - - -
CS-MARKETING & COMMUNITY RELATIONS 572,063 607,472 35,409 6.19%
CS-PUBLIC BUILDINGS 944,961 913,206 (31,754) -3.36%
SUBTOTAL 4,306,555 4,583,736 277,181 6.44%
COMMUNITY DEVELOPMENT - -
CD (COMMUNITY DEVELOPMENT)/ADMIN 670,081 995,444 325,362 48.56%
CD-PLANNING 362,625 378,415 15,790 4.35%
CD-BUILDING 927,446 668,164 (259,282) -27.96%
CD-CODE & ANIMAL CONTROL 733,339 764,965 31,626 4.31%
CD-EMERGENCY SERVICES 187,821 86,281 (101,539) -54.06%
SUBTOTAL 2,881,312 2,893,269 11,957 0.41%
PUBLIC WORKS - -
PW (PUBLIC WORKS)/ADMIN 483,168 470,427 (12,741) -2.64%
PW-DEVELOPMENT SERVICES 584,884 586,423 1,539 0.26%
PW-STREETS 1,028,177 499,944 (528,233) -51.38%
PW-LIGHTING & LANDSCAPING 355,891 356,640 749 0.21%
PW-ENGINEERING SERVICES 998,202 1,286,375 288,173 28.87%
SUBTOTAL 3,450,321 3,199,808 (250,513) -7.26%
TRANSERS - -
TRANSFERS OUT 1,072,713 3,388,815 2,316,102 215.91%
SUBTOTAL 1,072,713 3,388,815 2,316,102 215.91%
GENERAL FUND GRAND TOTAL 33,359,256 37,722,142 4,362,886 13.08%
City of La Quinta
FY 2013-2014 TO FY 2014-2015
General Fund
Expenditure Comparision
FY 2013-2014 ACTUALS TO FY 2014-2015 ACTUALS
ATTACHMENT 2
115
116
GENERAL FUND REVENUE ANALYSIS FY 2014-2015
Variance %Variance
Code Revenue Classification Actual Actual Actual Adopted Final FY 2014-2015 FY 2014-2015
Revenue Revenue Revenue Budget Budget Actuals Final Budget Final Budget
2011-2012 2012-2013 2013-2014 2014-2015 2014-2015 2014-2015 to Actuals to Actuals
TAXES
101-0000-40310 Property Tax 1,622,273 2,108,359 2,051,495 2,051,475 2,051,457 2,042,433 (9,024) -0.4%
101-0000-40311 No Low Property Tax 3,849,445 3,899,717 3,939,523 3,977,711 3,977,711 4,696,392 718,681 18.1%
RPTTF Pass Through (City & County)0 771,954 1,208,770 1,136,444 1,448,519 2,037,666 589,147 40.7%
RPTTF Pass Through (one-time)0 0 1,993,965 0 0 0 0 0.0%
101-0000-40312 Property Tax - Statutory Payment 74,034 0 0 0 0 0 0 0.0%
101-0000-40313 Non RDA Property Tax 183,849 145,607 0 0 0 0 0 0.0%
101-0000-40314 Statutory Revenue - County 60,594 0 0 0 0 0 0 0.0%
101-0000-41320 Sales Tax 5,667,613 5,951,997 6,046,800 6,112,676 6,112,676 6,106,458 (6,218) -0.1%
101-0000-41325 Sales Tax Reimbursement 1,878,502 2,049,174 2,107,216 2,134,324 2,047,967 2,047,967 0 0.0%
101-0000-41327 Document Transfer Tax 428,963 518,778 580,834 525,000 525,000 530,336 5,336 1.0%
101-0000-41400 Transient Occupancy Tax 5,082,413 5,720,576 6,285,622 5,900,000 6,285,600 6,613,489 327,889 5.2%
101-0000-41410 Mitigation Measures - TOT 515,043 260,108 349,144 365,000 365,000 23,694 (341,306) -93.5%
101-0000-41505 Franchise Tax - Burrtec 333,816 297,928 305,301 295,000 295,000 330,304 35,304 12.0%
101-0000-41506 Franchise Tax - AB 939 Fee 357,726 366,343 386,054 375,000 375,000 389,760 14,760 3.9%
101-0000-41508 Southern California Gas 132,189 112,861 137,382 140,000 140,000 148,970 8,970 6.4%
101-0000-41509 Cable Television 728,813 698,288 652,061 525,000 525,000 626,878 101,878 19.4%
101-0000-41510 Video Fees 134,897 194,054 207,465 120,000 120,000 365,541 245,541 204.6%
Subtotal - Taxes 21,050,169 23,095,744 26,251,633 23,657,630 24,268,930 25,959,888 1,690,958 7%
LICENSES & PERMITS
101-0000-41415 TOT STVR Registration Fee 0 8,000 16,950 11,000 11,000 18,953 7,953 72.3%
101-0000-41600 Business Licenses 292,343 292,586 306,044 300,000 300,000 306,087 6,087 2.0%
101-0000-41610 Film Permits 1,250 380 1,610 1,000 1,000 1,100 100 10.0%
101-0000-42400 Building Permits 213,267 209,765 175,939 183,000 183,000 168,740 (14,260) -7.8%
101-0000-42401 Plumbing Permits 35,629 30,332 64,167 60,000 70,000 87,593 17,593 25.1%
101-0000-42402 Mechanical Permits 34,847 34,042 87,544 78,000 88,000 97,693 9,693 11.0%
101-0000-42403 Electrical Permits 33,350 30,960 51,553 48,000 58,000 77,830 19,830 34.2%
101-0000-42404 Miscellaneous Permits 38,428 45,150 153,786 152,000 152,000 183,691 31,691 20.8%
101-0000-42405 Garage Sale Permits 15,810 14,240 12,550 12,000 12,000 12,350 350 2.9%
101-0000-42406 Golf Cart Permits 240 180 220 100 100 160 60 60.0%
101-0000-42408 Grading Permits 903 1,418 3,155 5,000 5,000 4,502 (498) -10.0%
101-0000-42409 Animal Licenses 30,987 25,454 23,723 20,000 20,000 20,270 270 1.4%
101-0000-42410 Driveway Permits 810 782 3,432 3,200 3,200 28,612 25,412 794.1%
101-0000-42414 Massage Permits 8,340 6,410 4,760 4,000 4,000 2,875 (1,125) -28.1%
101-0000-42430 Transportation Permit 1,339 2,029 1,920 1,800 1,800 2,660 860 47.8%
101-0000-42431 Conditional Use Permit 15,800 10,750 20,242 12,000 12,000 1,034 (10,967) -91.4%
101-0000-42432 Discount 2,250 1,500 1,019 0 0 0 0 0.0%
101-0000-42433 Minor Use Permit 975 1,100 3,000 2,000 2,000 3,820 1,820 91.0%
ATTACHMENT 3
117
GENERAL FUND REVENUE ANALYSIS FY 2014-2015
Variance %Variance
Code Revenue Classification Actual Actual Actual Adopted Final FY 2014-2015 FY 2014-2015
Revenue Revenue Revenue Budget Budget Actuals Final Budget Final Budget
2011-2012 2012-2013 2013-2014 2014-2015 2014-2015 2014-2015 to Actuals to Actuals
101-0000-42434 Sign Permit 7,820 7,000 20,398 10,000 10,000 19,895 9,895 99.0%
101-0000-42435 Site Development Permit 4,200 9,577 72,466 57,000 57,000 36,523 (20,477) -35.9%
101-0000-42436 Final Landscaping Permit 1,000 1,000 0 0 10,600 19,342 8,742 82.5%
101-0000-42437 Site Development Permit Amend 1,500 0 0 0 0 0 0 0.0%
101-0000-42438 Discount 0 375 0 0 0 0 0 0.0%
101-0000-42439 Temporary Use Permit 3,600 4,750 11,064 8,500 8,500 9,060 560 6.6%
101-0000-43632 Public Works Permit 35,170 129,696 242,602 149,800 175,000 254,188 79,188 45.3%
Subtotal - Licenses & Permits 779,856 867,476 1,278,141 1,118,400 1,184,200 1,356,977 172,777 14.6%
INTERGOVERNMENTAL REVENUES
101-0000-32235 EECBG Retrofit 131,449 0 0 0 0 0 0 0.0%
101-0000-41700 Federal Government Revenue 68,912 10,000 0 10,000 10,000 0 (10,000) -100.0%
101-0000-41710 State Government Revenue 9,124 29,108 36,100 20,000 20,000 0 (20,000) -100.0%
101-0000-41800 Motor Vehicle in Lieu 3,173,826 3,157,330 3,291,042 3,419,445 3,419,445 3,486,367 66,922 2.0%
101-0000-42500 Fire Service Credit Revenue 4,660,927 4,731,477 4,896,938 5,536,256 5,536,256 5,216,437 (319,819) -5.8%
101-0000-43100 FEMA 0 10,890 7,500 5,000 5,000 14,598 9,598 192.0%
101-0000-43633 CSA 152 Assessments 257,408 258,859 260,443 260,000 260,000 259,263 (738) -0.3%
101-SA Reimbursment 0 0 0 0 521,095 786,181 265,086 50.9%
101-0000-43634 CVWD 16,800 16,800 16,800 16,800 16,800 11,200 (5,600) -33.3%
Subtotal - Intergovernmental 8,318,446 8,214,464 8,508,823 9,267,501 9,788,596 9,774,046 (14,550) -0.1%
CHARGES FOR SERVICES
101-0000-34283 City Services 29,613 39,484 0 0 0 0 0 0.0%
101-0000-34343 Statutory Condo Sub Division 0 0 0 0 0 3,481 3,481 0.0%
101-0000-42200 Leisure Enrichment 69,155 59,178 51,217 43,000 43,000 51,157 8,157 19.0%
101-0000-42201 Excursions 8,576 1,510 135 1,000 1,000 0 (1,000) -100.0%
101-0000-42202 Gift Shop 4,245 8,272 7,829 6,000 6,000 8,282 2,282 38.0%
101-0000-42208 Coffee Cards - Senior Center 405 275 106 106 106 0 (106) -100.0%
101-0000-42210 Youth Sports 1,975 4,256 26,291 42,000 42,000 34,999 (7,001) -16.7%
101-0000-42211 Adult Sports 3,702 3,956 4,954 5,000 5,000 5,278 278 5.6%
101-0000-42212 Facility Rentals 44,303 40,884 34,407 35,000 35,000 51,247 16,247 46.4%
101-0000-42214 Wellness Center Leisure Enrichmen 36,029 36,665 36,511 15,250 15,230 30,635 15,405 101.2%
101-0000-42215 Wellness Center Facility Rent 20,800 20,800 34,070 28,000 28,000 0 (28,000) -100.0%
101-0000-42216 Wellness Center Special Events 2,183 2,298 488 0 0 12,543 12,543 0.0%
101-0000-42217 Humana Healthy Events 18,631 26,631 26,930 30,000 30,000 17,876 (12,124) -40.4%
101-0000-42218 Wellness Center Memberships 0 0 0 26,000 26,000 59,535 33,535 129.0%
101-0000-42300 Adjustments (138) 54 (61)100 100 83 (17) -17.2%
101-0000-42301 Miscellaneous Revenue 68,282 8,369 70,396 25,000 25,000 100,584 75,584 302.3%
101-0000-42303 NSF Charges 465 180 240 200 200 420 220 110.0%
ATTACHMENT 3
118
GENERAL FUND REVENUE ANALYSIS FY 2014-2015
Variance %Variance
Code Revenue Classification Actual Actual Actual Adopted Final FY 2014-2015 FY 2014-2015
Revenue Revenue Revenue Budget Budget Actuals Final Budget Final Budget
2011-2012 2012-2013 2013-2014 2014-2015 2014-2015 2014-2015 to Actuals to Actuals
101-0000-42411 Village Use Permit 2,000 2,000 859 5,500 5,500 5,656 156 2.8%
101-0000-42412 Minor Adjustment 3,300 2,800 1,430 2,000 2,000 4,263 2,263 113.1%
101-0000-42413 Amendment 100 7,100 (2,000)6,200 6,200 0 (6,200) -100.0%
101-0000-42415 Tentative Tract Map 3,500 787 14,413 12,800 12,800 21,333 8,533 66.7%
101-0000-42417 Modification by Applicant 875 1,599 2,574 1,800 1,800 5,813 4,013 222.9%
101-0000-42440 Planning Commission Appeals 525 175 0 0 0 1,595 1,595 0.0%
101-0000-42441 Appeal City Council 0 175 0 0 0 572 572 0.0%
101-0000-42443 Zone Change 0 2,210 4,812 6,100 6,100 3,088 (3,012) -49.4%
101-0000-42445 Environmental Assessment 2,915 4,730 1,871 1,600 6,600 7,659 1,059 16.0%
101-0000-42446 General Plan Amendment 4,000 4,000 6,149 0 0 0 0 0.0%
101-0000-42447 Home Occupations 6,510 5,705 5,740 0 3,220 5,425 2,205 68.5%
101-0000-42448 Parcel Map 2,000 1,500 6,864 10,000 10,000 25,887 15,887 158.9%
101-0000-42449 Discount 1,000 500 0 0 0 0 0 0.0%
101-0000-42450 Land Action 1,150 0 0 11,500 11,500 0 (11,500) -100.0%
101-0000-42451 Specific Plan (1,800) 0 5,310 6,300 6,300 14,468 8,168 129.6%
101-0000-42453 Zoning Letters 0 0 1,144 1,144 1,144 0 (1,144) -100.0%
101-0000-42600 Plan Check Fees 190,693 207,298 476,827 350,000 450,000 569,225 119,225 26.5%
101-0000-42610 SMIP Fees 193 161 312 0 0 679 679 0.0%
101-0000-42615 CBSC Administrative Fee 237 133 (166)0 0 890 890 0.0%
101-0000-42620 CERT Training 1,470 510 0 0 0 0 0 0.0%
101-0000-42810 PM Map Checking Fee 93,730 123,584 416,440 341,500 341,500 299,274 (42,226) -12.4%
101-0000-43631 CVMSHCP Admin Fee 884 1,038 2,185 1,000 1,000 3,082 2,082 208.2%
Total - Charges for Services 621,505 618,817 1,238,276 1,014,100 1,122,300 1,345,027 222,727 19.8%
FINES, FORFEITURES, ABATEMENTS
101-0000-42700 Admin Citations 53,892 22,092 19,582 15,000 19,600 20,066 466 2.4%
101-0000-42701 Lot Abatement 37,576 21,986 22,343 10,000 22,300 2,923 (19,377) -86.9%
101-0000-42702 Vehicle Abatement 26,819 17,299 9,859 10,000 10,000 16,166 6,166 61.7%
101-0000-42703 Vehicle Impound Fee 39,680 39,608 45,902 20,000 45,900 71,840 25,940 56.5%
101-0000-42704 Animal Impound Fee 280 145 0 0 0 0 0 0.0%
101-0000-42705 Motor Vehicle Code Fines 89,093 81,902 83,846 45,000 83,800 121,785 37,985 45.3%
101-0000-42706 Parking Violations 34,213 32,403 43,936 35,000 43,900 39,394 (4,506) -10.3%
101-0000-42707 Miscellaneous Fines 5,663 4,286 5,673 3,000 5,600 4,954 (646) -11.5%
101-0000-42708 Graffiti Removal 6,638 6,149 6,541 150 6,550 6,669 119 1.8%
Total - Fines & Assessments 293,854 225,870 237,682 138,150 237,650 283,796 46,146 19.4%
USE OF MONEY & PROPERTY
101-0000-41900 Allocated Interest Income 244,266 (37,781) 541,857 350,000 350,000 210,830 (139,170) -39.8%
101-0000-41915 Non-Allocated Interest Income 68,121 55,584 53,820 62,000 62,000 136,054 74,054 119.4%
101-0000-42111 Rental Income 148,788 151,350 152,700 169,500 169,500 150,500 (19,000) -11.2%
ATTACHMENT 3
119
GENERAL FUND REVENUE ANALYSIS FY 2014-2015
Variance %Variance
Code Revenue Classification Actual Actual Actual Adopted Final FY 2014-2015 FY 2014-2015
Revenue Revenue Revenue Budget Budget Actuals Final Budget Final Budget
2011-2012 2012-2013 2013-2014 2014-2015 2014-2015 2014-2015 to Actuals to Actuals
101-0000-42120 Lease Revenue 81,153 76,016 94,055 97,856 97,856 106,669 8,813 9.0%
Total - Use of Money and Property 542,328 245,169 842,432 679,356 679,356 604,052 (75,304) -11.1%
MISCELLANEOUS
101-0000-35110 AMR Compliance 9,919 10,008 10,349 0 0 15,530 15,530 0.0%
101-0000-41507 Burrtec Admin Cost Reimbursement 91,920 98,063 79,702 95,000 95,000 78,146 (16,854) -17.7%
101-0000-41950 Misc Donation-Grant 0 0 0 0 48,400 48,400 0 0.0%
101-0000-41920 Memorial Tree Revenue 0 0 450 0 0 0 0 0.0%
101-0000-41925 AD Surplus 3,346 0 987 0 0 0 0 0.0%
101-0000-42000 Insurance Recoveries 17,024 6,638 10,260 0 0 13,864 13,864 0.0%
101-0000-42100 Advertising Co-Op Revenue 21,235 15,500 1,050 12,000 12,000 5,700 (6,300) -52.5%
101-0000-42130 SB 1186 611 1,139 2,792 0 0 3,675 3,675 0.0%
101-0000-42140 Sales of Maps & Publications 1,025 514 407 400 400 39 (361) -90.4%
101-0000-42204 Donations - Wellness Center 0 2,932 105 105 105 1,150 1,045 995.2%
101-0000-43205 Miscellaneous Reimbursements 1,000 0 83,916 0 0 49,300 49,300 0.0%
101-0000-45000 Sale of Assets 0 0 123,303 0 0 0 0 0.0%
Total - Miscellaneous 146,079 134,794 313,321 107,505 155,905 215,803 59,898 38.4%
GRAND TOTAL GENERAL FUND REVENUES 31,752,237 33,402,334 38,670,308 35,982,642 37,436,937 39,539,590 2,102,653 5.6%
OTHER FINANCING SOURCES
101-0000-49500 Transfers In 411,106 109,097 117,987 142,978 323,189 352,658 29,469 9.1%
Subtotal - Other Financing Sources 411,106 109,097 117,987 142,978 323,189 352,658 29,469 9.1%
TOTAL - GENERAL FUND CURRENT RESOURCES 32,163,343 33,511,431 38,788,295 36,125,620 37,760,126 39,892,248 2,132,122 5.6%
ATTACHMENT 3
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1 | P a g e
ATTACHMENT 1
127
128
City of La Quinta
CITY COUNCIL MEETING
DEPARTMENT REPORT
TO: Madame Mayor and Members of the City Council
FROM: Chris Escobedo, Assistant to City Manager
Martha Mendez, Business Analyst
DATE: December 1, 2015
SUBJECT: TURKEYS/HAMS FOR FAMILIES IN NEED
This holiday season, the City and the La Quinta Police Department (LQPD) will
help out families in need. A total of eighty families will receive a $25 gift card
to Jule’s Market to purchase a turkey (10-16 pounds) or ham (9 pounds) for
their holiday dinner.
Recipient families are being identified by the Desert Sands Unified School
District (DSUSD) and the LQPD. Families identified by DSUSD will also be
recipients of LQPD’s Annual Toy Drive, allowing them to celebrate the holiday
season with gifts for their children and a nice family dinner. Additional families
will be selected by LQPD based on hardships; possible recipients may include
victims of crime and/or domestic violence.
LQPD will provide a summary of the final distribution of gift cards.
DEPARTMENT REPORT ITEM NO. 1
129
130
City of La Quinta
CITY COUNCIL MEETING
DEPARTMENT REPORT
TO: Madame Mayor and Members of the City Council
FROM: Gabriel Perez, Planning Manager
DATE: December 1, 2015
SUBJECT: UPDATE ON DRAFT MODEL WATER EFFICIENCY LANDSCAPE
ORDINANCE
The California Department of Water Resources adopted an updated Model Water
Efficient Landscape Ordinance in July 2015 as directed by Governor Brown’s
Drought Executive Order of April 1, 2015. Cities and counties are required to either
adopt the updated Model Ordinance or adopt a customized local water efficient
landscape ordinance that is as effective in conserving water as the updated Model
Ordinance.
Coachella Valley Association of Governments (CVAG) has assisted member
agencies and water districts with a regional review of the Model Ordinance.
Coachella Valley Water District (CVWD) participated in this effort and prepared a
Draft Water Efficient Landscape Ordinance. The Ordinance is pending review by
CVAG Technical Planning Subcommittee and approval by the CVWD Board. Upon
approval the ordinance will be provided to all CVAG jurisdictions for adoption. The
draft ordinance will be presented to CVAG Executive Committee on December 7,
2015, as an information item.
Staff has been participating in the effort and believes that the City should consider
this ordinance, after it has been approved by CVWD and CVAG. The contemplated
schedule envisions presenting the ordinance to the Planning Commission in
December 2015 and to the City Council in January 2016. If the Planning
Commission and City Council elect to adopt the Draft Water Efficient Landscape
Ordinance, the earliest effective date of the ordinance will be March 2, 2016. The
adoption date of February 1, 2016 by the Department of Water Resource’s is not
feasible and the state’s Model Water Efficient Landscape Ordinance will prevail
until the adoption of a local water efficient landscape ordinance.
Attachments: 1. Matrix of Changes – Landscape Ordinance
2. Draft Landscape Ordinance
DEPARTMENT REPORT ITEM NO. __ 4A
131
132
Model Water Efficient Landscape Ordinance
2015 Update - State Changes and Proposed Revisions
Prepared by CVWD (10/2015)
CVWD Ordinance 1302.1 States Proposed Revision State Updates to MWELO Language
Section 0.00.010 E. 1. Applicability Section 0.00.010E.1 Section 490.1 (a) Applicability
a. New construction and rehabilitated landscapes for public
agency projects and private development projects
requiring a building or landscape permit, plan check or
design review; b.
New construction and rehabilitated landscapes which are
developer-installed in single-family and multi-family
projects requiring a building or landscape permit, plan
check or design review; c.
New construction and rehabilitated landscapes which are
howmowner-provided and/or homeowner-hired in single
family and multi-family residential projects with a total
landscape area equal to or greater than 5,000 square feet
requiring a building or landscape permit, plan check or
design review; and d.Existing landscapes limited to section
0.00.040 (B).
a. New construction and rehabilitated landscapes for public
agency projects and private development projects requiring a
building or landscape permit, plan check or design review;
b. New construction and rehabilitated landscapes which are
developer-installed in single-family and multi-family projects
requiring a building or landscape permit, plan check or design
review; c. New construction and
rehabilitated landscapes which are howmowner-provided
and/or homeowner-hired in single family and multi-family
residential projects with a total landscape area equal to or
greater than 2,500 square feet requiring a building or landscape
permit, plan check or design review; and d.Existing landscapes
limited to section 0.00.040 (B).
1. New development projects with an aggregate landscape area
equal to or greater than 500 square feet requiring a building,
landscape permit, plan check or design review.
2. Rehabilitated landscape projects with an aggregate landscape
area equal to or greater than 2500 square feet requiring a building
or landscape permit, plan check or design review.
ET Adjustment Factor - A factor of 0.5 that, when applied
to reference evapotranspiration, adjusts for plant factors
and irrigation efficiency, two major influences upon the
amount of water that needs to applied to the landscape. A
combined plant mix with a site-wide average 0.38 is the
basis of the plant factor portion of this calculation. The
irrigation efficiency for purpose of the ET adjustment factor
is 0.75. Therefore, the ET adjustment factor (0.5) =
(0.38/0.75).
ET Adjustment Factor - A factor of 0.45 that, when applied to
reference evapotranspiration, adjusts for plant factors and
irrigation efficiency, two major influences upon the amount of
water that needs to applied to the landscape.
ET Adjustment Factor - means a factor of .55 for residential areas
and .45 for non-residential areas, that, when applied to reference
evapotranspiration, adjusts for plant factors and irrigation
efficiency, two major influrences upon the amount of water that
needs to be applied to the landscape. The ETAF for a new and
existing Special Landscape Area shall not exceed 1. The ETAF for
existing non-rehabilitated landscapes is 0.8.
Section 0.00.020 Definitions
Page 1
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ATTACHMENT 1
133
Model Water Efficient Landscape Ordinance
2015 Update - State Changes and Proposed Revisions
Prepared by CVWD (10/2015)
CVWD Ordinance 1302.1 States Proposed Revision State Updates to MWELO Language
Irrigation Efficiency - The measurement of the amount of
water beneficially used divided by the amount of water
applied. Irrigation efficiency is derived from measurements
and estimates of irrigation system characteristics and
management practices. The minimum irrigation efficiency
for purposes of these regulations is 0.75 or 75 percent.
Greater irrigation efficiency can be expected from well-
designed and maintained systems.
Irrigation Efficiency- The measurement of the amount of water
beneficially used divided by the amount of water applied.
Irrigation efficiency is derived from measurements and
estimates of irrigation system characterisitics and management
practices. The minimum irrigation efficiency for purposes of
these regulations is .75 or 75 percent for spray systems and .90
or 90 percent for drip systems.
Irrigation Efficiency - means the measurement of the amount of
water beneficially used divided by the amount of water applied.
Irrigation efficiency is derived from measurements and estimates of
irrigation system characteristics and management practices. The
irrigation efficiency for purposes of this ordinance are 0.75 for
overhead spray devices and 0.81 for drip systems.
Rehabilitated Landscape - Any re-landscaping project in
which the choice of new plant material and/or new
irrigation system components is such that the calculation of
the site's estimated water use will be significantly changed.
The new estimated water use calculation must not exceed
the Maximum Applied Water Allowance (MAWA)
calculated for the site using a 0.5 ET adjustment factor.
Rehabilitated Landscape- Any re-landscaping project in which
the choice of new plant material and/or new irrigation system
components is such that the calculation of the site's estimated
water use will be significantly changed. The new estimated
water use calculation must not exceed the Maximum Applied
Water Allowance (MAWA) calculated for the site using a .45 ET
adjustment factor.
Rehabilitated Landscape - means any re-landscaping project that
requires a permit, plan check, or design review, meets the
requirements of Section 490.1 and the modified landscape area is
equal to or greater than 2,500 square feet.
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CVWD Ordinance 1302.1 States Proposed Revision State Updates to MWELO Language
Show a note on each design sheet stating, "Trees, plants,
walls, sidewalks and permanent structures of any kind shall
not be planted, installed or built in CVWD, USBR and local
agency easements or rights of way without first obtaining
an encroachment permit from CVWD and the local
agency."
Show this note on each design sheet stating, "No permanent
structures or trees within CVWD and/or USBR easements.
CVWD will not be responsible for damage or replacement of
any surface improvements, including but not limited to,
decorative concrete, landscaping, curb, gutter, sidewalks,
planters, gates and related improvements installed wihtin
CVWD and/or USBR easments." In addition, "No trees shall be
installed within 15' of a CVWD and/or USBR pipeline." Surface
improvements may be installed within CVWD and/or USBR
easements only upon the prior consent of CVWD, which
consent may be granted or denied at CVWDs sole discretion - In
the event of such consent, then a Non-Interference review
letter (NIRL) may apply per Section 3.4 of CVWD's Development
Design Manual.
Nothing included
Long, narrow or irregularly shaped turf areas shall not be
designed because of the difficulty in irrigating uniformly
without overspray onto hardscaped areas, streets and
sidewalks. Areas less than 8 feet in width shall not be
designed with turf. Turf will be allowed in these areas only
if irrigation design reflects the use of subsurface irrigation
or a surface flow/wick irrigation system.
Long, narrow or irregularly shaped turf areas shall not be
designed because of the difficulty in irrigating uniformly
without overspray onto hardscaped areas, streets and
sidewalks. Areas less than ten-feet in width shall not be
designed with turf. Turf will be allowed in these areas only if
irrigation design reflects the use of subsurface irrigation or a
surface flow/wick irrigation system.
Areas less than ten feet in width in any direction shall be irrigated
with subsurface irrigation or other means that produces no runoff
or overspray.
Section 0.00.30 Provisions for New or Rehabilitated Landscapes, Section B. (2) (q)
Section 0.00.30 Provisions for new or rehabilitated landscapes Section 3. Landscape Design Criteria e.
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Turf areas irrigated with spray.rotor systems must be set
back at least 24-inches from curbs, driveways, sidewalks or
any other area that may result in runoff of water onto
streets. An undulating landscape buffer area created by the
setback shall be desgined with rocks, cobble or
decomposed granite and/or can be landscaped with drip
irrigated shrubs/accents or covered with a suitable ground
cover.
Possible change to comply with Riverside County Ordinance
which states: Overhead irrigation shall not be permitted within
24-inches of any non-permeable surface including DG walking
trails or paths. There are no restrictions on the irrigation system
type if the landscape area is adjacent to permeable surfacing
and no overspray and runoff occurs.
Overhead irrigation shall not be permitted within 24-inches of any
non-permeable surface. Allowable irrigation wihin the setback from
non-permeable surfaces may include drip, drip line, or other low
flow non-spray technology. The setback area may be planted or
unplanted. The surfacing of the setback may be mulch, gravel. or
other porous material. These restrictions may be modified if: 1. the
landscape area is adjacent to permeable surfacing and no runoff
occurs; or 2. the adjacent non-permeable surfaces are designed
and constructed to drain entirely to landscaping; or 3. the irrigation
designer specifies an alternative design or technology, as part of
the Landscape Documentation Package and clearly demonstrates
strict adherence to irrigation system design criteria in Section
492.79a)(1)(I). Prevention of overspray and runoff must be
confirmed during the irrigation audit.
The use of a soil covering mulch or a mineral groundcover
of a minimum two-inch depth to reduce soil surface
evaporation is required around trees, shrubs and on
nonirrigated areas. The use of boulders and cobble shall be
considered to reduce the total vegetation area
The use of a soil covering mulch or a mineral groundcover of a
minimum of three-inch depth to reduce soil surface
evaporation is required around trees, shrubs and on
nonirrigated areas. The use of boulders and cobble shall be
considered to reduce the total vegetation area.
A minimum three-inch layer of mulch shall be applied on all
exposed soil surfaces of planting areas except in turf areas,
creeping or rooting groundcovers, or direct seeding applications
where mulch is contraindicated. To provide habitat for beneficial
insects and other wildlife, up to 5% of the landscape area may be
left without mulch. Designated insect habitat must be included in
the landscape design plan as such.
Section 0.00.30 Provisions for new or rehabilitated landscapes Section 3. Landscape Design Criteria f.
Section 0.00.30 Provisions for new or rehabilitated landscapes Section B 3. Landscape Design Criteria h.
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CVWD Ordinance 1302.1 States Proposed Revision State Updates to MWELO Language
Annual color plantings shall be used only in areas of high
visual impact close to where people can appreciate them.
Otherwise, drip irrigated, perennial plantings should be the
primary source of color.
Annual color plantings shall be used only in areas of high visual
impact close to where people can appreciate them and must be
irrigated with drip, microirrigation or other systems with
efficiencies of 90 percent or greater. Otherwise, drip irrigated,
perennial plantings should be the primary source of color.
Nothing included
No Language High water use plants, characterized by a plant factor of 0.7 to
1.0, are prohibited in street medians.
High water use plants, characterized by a plant factor of 0.7 to 1.0,
are prohibited in street medians.
Section 0.00.30 Provisions for new or rehabilitated landscapes Section E. Irrigation Design Plan Section 492.7 Irrigation Design Plan (a)(1)(A)
Separate landscape water meters shall be installed for all
projects except single family homes. When irrigation water
is from a well, the well shall be metered. The irrigation
design plan shall be drawn on project base sheets. It should
be separate from, but use the same format as, the
landscape design plan. The irrigation system specifications
shall accurately and clearly identify the following:
Separate landscape water meters shall be installed for all
projects except single family homes with a landscape area less
than 5,000 square feet. Landscape meters for single family
homes with a landscape area over 5,000 square feet may be
served by a permanent service connection provided by the
District or be a privately owned submeter installed at the
irrigation point of connection on the customer service line.
When irrigation water is from a well, the well shall be metered.
The irrigation design plan shall be drawn on project base
sheets. It should be separate from, but use the same format as,
the landscape design plan. The irrigation system specifications
shall accurately and clearly identify the following:
Landscape water meters, defined as either a dedicated water
service meter or private submeter shall be installed for all non-
residential irrigated landscapes of 1,000 sq. ft. but not more than
5,000 sq.ft. (the level at which Water Code 535 applies)-and
residential irrigated landscapes of 5,000 sq. ft. or greater. A
landscape water meter may be either: 1. a customer service meter
dedicated to landscape use provided by the local water purveyor;or
2. a privately owned meter or submeter.
High flow sensors that detect and report high flow
conditions created by system damage or malfunction shall
be specified for all projects excluding single family and
multi-family dwellings.
High flow sensors that detect and report high flow conditions
created by system damage or malfunction shall be specified for
all projects where a dedicated landscape irrigation meter is
required.
Flow sensors that detect high flow conditions created by system
damage or malfunction are required for all on non-residential
landscapes and residential landscapes of 5,000 sq. ft. or larger.
Section 0.00.30 Provisions for new or rehabilitated landscapes Section E. Irrigation Design Plan s.
Section 0.00.30 Provisions for new or rehabilitated landscapes Section B 3. Landscape Design Criteria l.
Section 0.00.30 Provisions for new or rehabilitated landscapes Section B 3. Landscape Design Criteria i.
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ATTACHMENT A
OF
ORDINANCE 1302.1
LANDSCAPE AND IRRIGATION SYSTEM DESIGN CRITERIA
Sections:
0.00.010 Purpose and Intent
0.00.020 Definitions
0.00.030 Provisions for New or Rehabilitated Landscapes
0.00.040 Other Provisions
0.00.050 Review and Program Monitoring Fees
0.00.060 Appeals
0.00.070 Penalties
0.00.080 Hearing Regarding Penalties
0.00.090 Appeal of Penalties
0.00.010 Purpose and Intent
A. The California State Legislature has found:
1.The waters of the state are of limited supply and are subject to ever
increasing demands;
2.The continuation of California’s economic prosperity is dependent on the
availability of adequate supplies of water for future users;
3.It is the policy of the State to promote the conservation and efficient use of
water and to prevent the waste of this valuable resource;
4.Landscapes are essential to the quality of life in California by providing
areas for active and passive recreation and as an enhancement to the
environment by cleaning air and water, preventing erosion, offering fire
protection, and replacing ecosystems lost to development;
5.Landscape design, installation, maintenance and management can and
shall be water efficient; and
6.Section 2 of Article X of the California Constitution specifies that the right
to use water is limited to the amount reasonably required for the beneficial
use to be served and the right does not and shall not extend to waste and
unreasonable method of use.
B. Consistent with these legislative findings, the purpose of these criteria is to:
1.Promote the values and benefits of landscapes while recognizing the need
to invest water and other resources as efficiently as possiblelandscaping
practices that integrate and go beyond the conservation and efficient use of
water;
2.Establish a structure for planning, designing, installing, maintaining and
managing water efficient landscapes in new construction and rehabilitated
projects by encouraging the use of a watershed approach that requires
ATTACHMENT 2
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cross-sector collaboration of industry, government and property owners to
achieve the many benefits possible;
3. Establish provisions for water management practices and water waste
prevention for existing landscapes;
4. Use water efficiently without waste by setting a Maximum Applied Water
Allowance (MAWA) as an upper limit for water use and reduce water use
to the lowest practical amount; and
5. Promote the benefits of consistent landscape criteria with neighboring
local and regional agencies.
C. It is also the purpose of these criteria to implement the requirements of the
California Code of Regulations Title 23. Waters Division 2. Department of Water
Resources Chapter 2.7. Model Water Efficient Landscape Ordinance, and State of
California Water Conservation in Landscaping Act. Authority cited:
Section 65593, Government Code, Reference: Sections 65591, 65593, 65596
Government Code.
D. It is the intent of these criteria to promote water conservation through climate-
appropriate plant material and efficient irrigation systems, and to create a “Lush
and Efficient” landscape theme through enhancing and improving the physical
and natural environment.
E. Applicability
1. These criteria shall apply to all of the following landscape projects:
a. New construction and rehabilitated landscapes for public agency
projects and private development projects requiring a building or
landscape permit, plan check or design review;
b. New construction and rehabilitated landscapes which are
developer-installed in single-family and multi-family projects
requiring a building or landscape permit, plan check or design
review;
c. New construction and rehabilitated landscapes which are
homeowner-provided and/or homeowner-hired in single family and
multi-family residential projects with a total project landscape area
equal to or greater than 2,500 5,000 square feet requiring a
building or landscape permit, plan check or design review; and
d. Existing landscapes limited to section 0.00.040 (B).
2. These criteria do not apply to:
a. Registered local, state or federal historical sites;
b. Ecological restoration projects that do not require a permanent
irrigation system;
c. Mined-land reclamation projects that do not require a permanent
irrigation system; or
d. Plant collections, as part of botanical gardens and arboretums open
to the public.
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0.00.020 Definitions
The words used in this section have the meanings set forth below:
ANTIDRAIN VALVE or CHECK VALVE - A valve located under/in a sprinkler
head to hold water in the system to eliminate drainage from the lower elevation
sprinkler heads.
APPLICATION RATE - The depth of water applied to a given area, usually
measured in inches per hour. Also known as precipitation rate (sprinklers) or
emission rate (drippers/microsprayers) in gallons per hour.
APPLIED WATER - The portion of water supplied by the irrigation system to the
landscape.
AUTOMATIC CONTROLLER - An electronic or solid-state timer capable of
operating valve stations to set the days, time and length of time of a water
application.
BACKFLOW PREVENTION DEVICE - A safety device used to prevent
pollution or contamination of the water supply due to the reverse flow of water
from the irrigation system.
BENEFICIAL USE - Water used for landscape evapotranspiration.
BILLING UNITS - Units of water (100 cubic feet = 1 billing unit = 748 gallons =
1 CCF) for billing purposes. To convert gallons per year to 100 cubic feet per
year, divide gallons per year by 748. (748 gallons = 100 cubic feet).
CONVERSION FACTOR (0.62) - A number that converts the Maximum Applied
Water Allowance from acre-inches per acre to gallons per square foot. The
conversion factor is calculated as follows:
(325,851 gallons/43,560 square feet)/12 inches = (0.62)
325,851 gallons = one acre-foot
43,560 square feet = one acre
12 inches = one foot
DESERT LANDSCAPE - A desert landscape using native plants spaced to look
like a native habitat.
DISTRIBUTION UNIFORMITY - A measure of how evenly sprinklers apply
water. The low-quarter measurement method (DULQ) utilized in the irrigation
audit procedure is utilized for the purposes of these criteria. These criteria assume
an attainable performance level of 75% DULQ for spray heads, 80% DULQ for
rotor heads and 85% DULQ for recreational turf grass rotor heads.
DISTRICT – Coachella Valley Water District.
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DRIP IRRIGATION - A method of irrigation where the water is applied slowly at
the base of plants without watering the open space between plants.
ECOLOGICAL RESTORATION PROJECT - A project where the site is
intentionally altered to establish a defined, indigenous, historic ecosystem.
EFFECTIVE PRECIPITATION or USABLE RAINFALL - The portion of total
natural precipitation that is used by the plants, usually assumed to be three inches
annually. Precipitation or rainfall is not considered a reliable source of water in
the desert.
ELECTRONIC CONTROLLERS - Time clocks that have the capabilities of
multiprogramming, water budgeting and multiple start times.
EMISSION UNIFORMITY - A measure of how evenly drip and microspray
emitters apply water. The low-quarter measurement method (EULQ) utilized in
the landscape irrigation evaluation procedure is utilized for the purposes of these
criteria. These criteria assume 90% EULQ for drippers, microsprays and pressure
compensating bubblers.
EMITTER - Drip irrigation fittings that deliver water slowly from the watering
system to the soil.
ESTABLISHED LANDSCAPE - The point at which new plants in the landscape
have developed roots into the soil adjacent to the root ball.
ESTABLISHMENT PERIOD - The first year after installing the plant in the
landscape.
ESTIMATED TOTAL WATER USE (By hydrozone) - The portion of the
estimated annual total applied water use that is derived from applied water to a
specified hydrozone.
ESTIMATED ANNUAL TOTAL APPLIED WATER USE (Total of all
hydrozones) - The annual total amount of water estimated to be needed by all
hydrozones to keep the plants and water features in the landscaped area healthy
and visually pleasing. It is based upon such factors as the local evapotranspiration
rate, the size of the landscaped area, the size and type of water feature, the types
of plants, and the efficiency of the irrigation system. The estimated annual total
applied water use shall not exceed the Maximum Applied Water Allowance
(MAWA).
EVAPOTRANSPIRATION or ET - The quantity of water evaporated from
adjacent soil surfaces and transpired by plants expressed in inches during a
specific time.
ET ADJUSTMENT FACTOR - A factor of 0.455 that, when applied to reference
evapotranspiration, adjusts for plant factors and irrigation efficiency, two major
influences upon the amount of water that needs to be applied to the landscape. A
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combined plant mix with a site-wide average 0.38 is the basis of the plant factor
portion of this calculation. The irrigation efficiency for purposes of the ET
adjustment factor is 0.75. Therefore, the ET adjustment factor (0.5) = (0.38/0.75).
FINISHED GRADE – Grade height after surface mulch covering has been
installed.
FLOW RATE - The rate at which water flows through pipes, valves and meters
(gallons per minute or cubic feet per second).
HARDSCAPE - Concrete or asphalt areas including streets, parking lots,
sidewalks, driveways, patios and decks.
HEAD-TO-HEAD COVERAGE - One hundred percent sprinkler coverage of the
area to be irrigated, with maximum practical uniformity.
HIGH FLOW CHECK VALVE - A valve located under/in a sprinkler head to
stop the flow of water if the spray head is broken or missing.
HYDROZONE - A portion of the landscaped area having plants with similar
water needs that are served by a valve or set of valves with the same schedule. A
hydrozone may be irrigated or non-irrigated. For example, a naturalized area
planted with native vegetation that will not need supplemental irrigation (once
established) is a non-irrigated hydrozone.
INFILTRATION RATE - The rate of water entry into the soil expressed as a
depth of water per unit of time (inches per hour).
IRRIGATION EFFICIENCY - The measurement of the amount of water
beneficially used divided by the amount of water applied. Irrigation efficiency is
derived from measurements and estimates of irrigation system characteristics and
management practices. The minimum irrigation efficiency for purposes of these
regulations is 0.75 or 75 percent and .90 or 90 percent for drip systems. Greater
irrigation efficiency can be expected from well-designed and maintained systems.
LANDSCAPE IRRIGATION AUDIT - A process to perform site inspections,
evaluate irrigation systems and develop efficient irrigation schedules.
LANDSCAPED AREA - The entire parcel less the building footprint, driveways,
non-irrigated portions of the parking lots, hardscapes (such as decks and patios),
and other nonporous areas. Water features are included in the calculation of a
site’s landscaped area.
LATERAL LINE - The water delivery pipeline that supplies water to the emitters
sprinklers from a valve.
LOCAL AGENCY – A city, county, or water purveyor responsible for adopting
and implementing the ordinance. The local agency is also responsible for
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enforcement of the ordinance, including, but not limited to, approval of a design
review, permit, plan check, or inspection of a project.
MAIN LINE - The pressurized pipeline that delivers water from the water source
to a valve or outlet.
MAXIMUM APPLIED WATER ALLOWANCE (MAWA) - For design
purposes, the upper limit of annual applied water for the established landscape
area as specified in Division 2, Title 23, California Code of Regulations, Chapter
7, Section 492.4702. It is based upon the area's reference evapotranspiration, ET
adjustment factor, and the size of the landscaped area. The estimated applied
water use shall not exceed the Maximum Applied Water Allowance (MAWA).
MICROIRRIGATION - See drip irrigation.
MULCH - Any organic material such as leaves, bark, straw or inorganic material
such as pebbles, stones, gravel, decorative sand or decomposed granite left loose
and applied to the soil surface to reduce evaporation.
NATIVE PLANTS - Native plants are low water using plants that are:
1) indigenous to the Coachella Valley and lower Colorado Desert region of
California and Arizona, 2) native to the southwestern United States and northern
Mexico or 3) native to other desert regions of the world, but adapted to the
Coachella Valley.
NATURAL GRADE – Grade height of native soil before application of surface
mulch.
OPERATING PRESSURE - The pressure at which an irrigation system’s
sprinklers, bubblers, drippers or microsprays are designed to operate, usually
indicated at the base of an irrigation head.
OVERHEAD SPRINKLER IRRIGATION STATIONS - Sprinklers with high
flow rates (spray heads, impulse sprinklers, gear rotors, etc.) that are utilized to
apply water through the air to large irrigated areas.
OVERSPRAY - The water which is delivered beyond the landscaped area onto
pavements, walks, structures or other non-landscape areas. Also known as
hardscape applications.
PLANT FACTOR - A factor that, when multiplied by reference
evapotranspiration, estimates the amount of water used by plants. For purposes of
these criteria, the average plant factor of very low water using plants ranges from
0.01 to 0.10, for low water using plants the range is 0.10 to 0.30, for moderate
water using plants the range is 0.40 to 0.60, and for high water using plants, the
range is 0.70 to 0.90. Reference: Water Use Classifications of Landscape
Species IVIII (WUCOLS IVII).
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PRESSURE COMPENSATING (PC) BUBBLER – An emission device that
allows the output of water to remain constant regardless of input pressure.
Typical flow rates for this type of bubbler range between 0.25 gpm to 2.0 gpm.
PRESSURE COMPENSATING SCREENS/DEVICES - Small screens/devices
inserted in place of standard screens/devices that are used in sprinkler heads for
radius and high pressure control.
QUALIFIED PROFESSIONAL - A person who has been certified by their
professional organization or a person who has demonstrated knowledge and is
locally recognized as qualified among landscape architects due to longtime
experience.
RAIN-SENSING DEVICE - A system which automatically shuts off the
irrigation system when it rains.
RECYCLED WATER/RECLAIMED WATER - Treated or recycled wastewater
of a quality suitable for nonpotable uses such as landscape irrigation. Recycled
water is not for human consumption.
RECORD DRAWING or AS-BUILTS - A set of reproducible drawings which
show significant changes in the work made during construction and which are
usually based on drawings marked up in the field and other data furnished by the
contractor.
RECREATIONAL AREA - Areas of active play or recreation such as golf
courses, sports fields, school yards, picnic grounds, or other areas with intense
foot or vehicular traffic.
RECREATIONAL TURF GRASS - High traffic turf grass that serves as a playing
surface for sports and recreational activities. Athletic fields, golf courses, parks
and school playgrounds are all examples of areas having recreational turf grass.
RECREATIONAL TURF GRASS ET ADJUSTMENT FACTOR - A factor of
0.82 that, when applied to reference evapotranspiration, adjusts for the additional
stress of high traffic on recreational turf grass and the higher irrigation
efficiencies of long-range rotary sprinklers. These are the two major influences
upon the amount of water that needs to be applied to a recreational landscape. A
mixed cool/warm season turf grass with a seasonal average of 0.7 is the basis of
the plant factor portion of this calculation. The irrigation efficiency of long-range
sprinklers for purposes of the ET adjustment factor is 0.85. Therefore, the ET
adjustment factor is 0.82 = 0.7/0.85.
REFERENCE EVAPOTRANSPIRATION or ETo - A standard measurement of
the environmental parameters which affect the water use of plants, using cool
season grass as a reference. ETo is expressed in inches per day, month or year
and is an estimate of the evapotranspiration of a large field of cool-season grass
that is well watered. Reference evapotranspiration is used as a basis of
determining the Maximum Applied Water Allowances so that regional differences
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in climate can be accommodated. For purposes of these criteria, CVWD Drawing
No. 29523 will be used for ETo zones.
REHABILITATED LANDSCAPE - Any re-landscaping project in which the
choice of new plant material and/or new irrigation system components is such that
the calculation of the site’s estimated water use will be significantly changed.
The new estimated water use calculation must not exceed the Maximum Applied
Water Allowance (MAWA) calculated for the site using a 0.455 ET adjustment
factor.
RIPARIAN PLANTS - Riparian plants are high water using and water-loving
plants that are found growing naturally along flowing rivers and lake shores.
They may also be native to wet swampy areas with high water tables or poor
drainage.
RUNOFF - Irrigation water which is not absorbed by the soil or landscape to
which it is applied and which flows from the planted area.
SERVICE LINE - The pressurized pipeline that delivers water from the water
source to the water meter.
SMART CONTROLLER – Weather-based or soil moisture-based irrigation
controls that monitor and use information about environmental conditions for a
specific location and landscape (such as soil moisture, rain, wind, the plants’
evaporation and transpiration rates and, in some cases, plant type and more) to
automatically control when to water and when not to, providing exactly the right
amount of water to maintain lush, healthy growing conditions.
SOIL MOISTURE-SENSING DEVICE - A device that measures the amount of
water in the soil.
SOIL TEXTURE - The classification of soil based on the percentage of sand, silt
and clay in the soil.
SPRINKLER HEAD - A device which sprays water through a nozzle.
STATIC WATER PRESSURE - The pipeline or municipal water supply pressure
when water is not flowing.
STATION - An area served by one valve or by a set of valves that operate
simultaneously.
TURF - A surface of earth containing mowed grass with roots.
VALVE - A device used to control the flow of water in the irrigation system.
WATER FEATURE - Any water applied to the landscape for nonirrigation,
decorative purposes. Fountains, streams, ponds and lakes are considered water
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features. Water features use more water than efficiently irrigated turf grass and
are assigned a plant factor of 1.1 for a stationary body of water and 1.2 for a
moving body of water.
WATER SYSTEM - The network of piping, valves and irrigation heads.
WUCOLS III - Water Use Classifications of Landscape Species III
0.00.030 Provisions for new or rehabilitated landscapes
A. Submittal and Approval of a Landscape Documentation Package
1. Prior to construction, the project applicant shall:
a. Submit two copies of a Landscape Documentation Package to the
Coachella Valley Water District (District) that conform to this
chapter. No water meter will be issued until the District reviews
and approves the Landscape Documentation Package.
b. Submit one copy of the Landscape Documentation Package to the
local agency (city/county).
2. Upon receipt of the Landscape Documentation Package, the District shall:
a. Review the Landscape Documentation Package.
b. Approve or deny the Landscape Documentation Package.
3. Upon approval of the Landscape Documentation Package, the District
will:
a. Sign and date the approved plans and return them to the project
applicant.
b. Submit a copy of the project’s Water Efficient Landscape
Worksheet (Appendix B) to the local agency.
4. Upon approval of the Landscape Documentation Package by the local
agency, the project applicant shall:
a. Receive an approval of the landscape design review or plan check.
b. Finalize the Certificate of Completion, including recording the date
of the approval.
c. File the Certificate of Completion with the District and the local
agency, and provide a copy to the property owner or designee.
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d. Submit a copy of the approved Landscape Documentation
Package, along with the record drawings and any other
information, to the property owner or designee.
5. Each Landscape Documentation Package shall include the following
elements:
a. A completed Landscape Documentation Package Checklist
(Appendix A), which includes the date, project applicant, and
project address information. This checklist serves to verify that the
elements of the Landscape Documentation Package have been
completed.
b. Total landscaped area (square feet)
c. Project type (e.g., new, rehabilitated, public, private, cemetery,
homeowner-installed, etc.)
d. Water Efficient Landscape Worksheet (Appendix B), which may
be imbedded in the plan sheets of the Landscape Documentation
Package, and include the following:
i. Hydrozone Information Table (reference Appendix C)
e. Water Budget Calculations (reference Appendix D) that adhere to
the following requirements:
i. The plant factor used shall be from WUCOLS. The plant
factors ranges from 0 to 0.3 for the low use plants, from 0.4 to
0.6 for the moderate use plants, from 0.7 to 1.0 for the high use
plants and 1.1 to 1.2 for water features.
ii. All water features shall be included in the 1.1 to 1.2 hydrozone
and temporary irrigated areas shall be included in the low water
use hydrozone.. For the calculation of the Maximum Applied
Water Allowance (MAWA) and Estimated Total Water Use, a
project applicant shall use ETo values from the Reference
Evapotranspiration Table, Appendix C. For geographic areas
not covered in Appendix C, use data from other cities located
nearby in the same reference evapotranspiration zone.
f. Landscape Design Plan
g. Irrigation Design Plan
h. Grading Design Plan (as required)
i. Soil Management Report (as required)
j All plans must contain a signature block for both the local agency
and the District.
6. The Landscape Documentation Package shall be submitted by the
following procedure:
a. The applicant or applicant's representative may bring, send or ship
copies of the Landscape Documentation Package to the District,
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and the local agency, as applicable. Appropriate fees must
accompany the Landscape Documentation Package.
b. The plans will normally be returned to the applicant or local
agency with comments by the District (Water Management
Department) within ten working days of receipt.
c. After noted corrections have been made, the applicant shall re-
submit the Landscape Documentation Package to the District for
approval and signing by the Water Management Department and
Development Services Department for the District.
d. Signed plans will be held at the District’s Palm Desert office for
applicant pick up or sent by certified shipping at the applicant’s
request and expense.
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e. For direct communication:
Telephone No.: (760) 398-2651 Water Management
Department
Mailing Address: Coachella Valley Water District
Attention: Water Management Department
Post Office Box 1058
Coachella, California 92236
Hand Delivery or
Shipping Address: Coachella Valley Water District
Attention: Water Management Department
85-995 Avenue 52
Coachella, California 92236
Hand Delivery or
Shipping Address: Coachella Valley Water District
Attention: Water Management Department
75-525 Hovley Lane East
Palm Desert, California 92211
f. The District will inspect the landscaped area(s) for conformance
with the approved Landscape Documentation Package.
Landscaping that does not conform to the approved Landscape
Documentation Package is subject to penalties as provided in
Section 0.00.070.
7. Upon review and approval of the Landscape Documentation Package by
the District, the project applicant shall:
a. Submit a copy of the District-approved Landscape Documentation
Package and Water Efficient Landscape Worksheet to the local
agency.
b. Provide the property owner or site manager a copy of the District-
approved Landscape Documentation Package, in addition to the
record drawings and any other information normally forwarded to
the property owner or site manager.
8. Upon review and approval of the Landscape Documentation Package by
the local agency, the project applicant shall:
a. Record the date of the permit on the Certificate of Completion.
b. Provide the property owner or designee a copy of the local-agency
approved Landscape Documentation Package, in addition to the
record drawings, and any other information normally forwarded to
the property owner or designee.
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B. Landscape Design Plan
A landscape design plan meeting the following design criteria shall be submitted
as part of the Landscape Documentation package. For the efficient use of water, a
landscape shall be carefully designed and planned for the intended function of the
project.
1. Any plant may be selected for the landscape, providing the Estimated
Total Water Use in the landscape area does not exceed the Maximum
Applied Water Allowance (MAWA). To encourage the efficient use of
water the following is highly recommended:
a. Protection and preservation of native species and natural
vegetation;
b. Selection of water-conserving plant and turf species;
c. Selection of trees based on applicable local tree ordinances or tree
shading guidelines; and
d. Selection of plants from local and regional landscape program
plant lists.
2. Specifications for Landscape Design Plan
The landscape design plan shall be drawn on 36-inch by 24-inch project
base sheets at a scale that accurately and clearly identifies the following:
a. Tract name, tract number or parcel map number on cover sheet.
b. Proposed planting areas.
c. Plant material location and size.
d. Plant botanical and common names.
e. Plant spacing, where applicable.
f. Natural features including, but not limited to, rock outcroppings,
and existing trees and shrubs that will remain incorporated into the
new landscape.
g. Vicinity map showing site location on top sheet or on cover sheet.
h. Title block on each sheet with the name and address of the project,
and the name and address of the professional design company with
its signed professional stamp, if applicable.
i. Reserve two 6-inch by 3-inch spaces for a) the local agency
signature block and b) a District signature block in lower right
corner of the cover sheet and on all of the landscape, irrigation
design/detail/specification sheets.
j. Show plan scale and north arrow on design sheets.
k. Show graphic scale on all design sheets.
l. Show all property lines and street names.
m. Show all paved areas, such as driveways, walkways and streets.
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n. Show all pools, ponds, lakes, fountains, water features, fences and
retaining walls.
o. Show locations of all overhead and underground utilities within
project area.
p. Provide an index map, as necessary, showing the overall project,
including all 1/4 and 1/16 section lines and section numbers.
q. Show thesethisa notes on each design sheet stating, “Trees, plants,
walls, sidewalks and permanent structures of any kind shall not be
planted, installed or built in CVWD, USBR and local agency
easements or rights-of-way without first obtaining an
encroachment permit from CVWD and the local agencyNo
permanent structures or trees within CVWD and/or USBR
easements. CVWD will not be responsible for replacingdamage or
replacement of and/or maintaining any surface improvements,
including but not limited to, decorativee concrete, and/or
landscaping, curb, gutter, sidewalks, planters, gates and related
improvements installed over within water lines, valves, sewer lines
or lateralsCVWD and/or USBR easements.”
In addition, ” “nNo trees shall be installed in an easement and/or
within 15’ of a CVWD and/or USBR pipeline.” If surfaceSurface
improvements may beare installed within CVWD and/or USBR
easements only upon the prior consent of CVWD, which consent
may be granted or denied at CVWD’s sole discretion., In the event
of such consent, then a Non-interference review letter (NIRL) may
apply per Section 3.4 of CVWD’s Development Design Manual.
r. Show Maximum Applied Water Allowance (MAWA) for the
proposed project. (See formula in Appendix C and Sample
MAWA, Appendix D.)
s. Show total landscaped area in square feet. Separate area square
footages by hydrozone. Show the total percentage area of each
hydrozone. Include total area of all water features as separate
hydrozones of still or moving water. Show Estimated Total Water
Use, for each major plant group hydrozone and water feature
hydrozone expressed in either seasonal (turf grass) or annual (trees,
shrubs, groundcovers and water features) billing units.
t. Show Total Estimated Total Water Use for each major plant group
hydrozone and water feature hydrozone expressed in either
seasonal (turf grass) or annual (trees, shrubs, groundcovers and
water features) billing units.
u. Show Total Estimated Water Use for the entire project. (Formula
in Appendix C and on Sample Calculation Estimated Water Use,
Appendix D.) The Total Estimated Use shall not exceed the
Maximum Applied Water Allowance (MAWA).
v. Designate recreational areas and recreational turf areas.
Formatted: Indent: First line: 0"
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w. When model homes are included, show the Maximum Applied
Water Allowance (MAWA) and Estimated Total Water Use (by
hydrozone with totals) for each model unit.
3. Landscape Design Criteria
a. The landscape design must be carefully planned and take into
account the intended function of the project.
b. Plants’ appropriateness shall be selected based upon their
adaptability to the climatic, geologic and topographical conditions
of the site.
c. Selection of water-efficient and low-maintenance plant material is
required.
d. All planted areas must be a minimum of one inch below adjacent
hardscapes to eliminate runoff and overflow.
e. Long, narrow or irregularly shaped turf areas shall not be designed
because of the difficulty in irrigating uniformly without overspray
onto hardscaped areas, streets and sidewalks. Areas less than 108
feet in width shall not be designed with turf. Turf will be allowed
in these areas only if irrigation design reflects the use of subsurface
irrigation or a surface flow/wick irrigation system.
f. Turf areas irrigated with spray/rotor systems must be set back at
least 24 inches from curbs, driveways, sidewalks or any other area
that may result in runoff of water onto streets. An undulating
landscape buffer area created by the setback shall be designed with
rocks, cobble or decomposed granite and/or can be landscaped
with drip irrigated shrubs/accents or covered with a suitable
ground cover.
g. Plants having similar water use shall be grouped together in
distinct hydrozones.
h. The use of a soil covering mulch or a mineral groundcover of a
minimum threetwo-inch depth to reduce soil surface evaporation is
required around trees, shrubs and on nonirrigated areas. The use of
boulders and cobble shall be considered to reduce the total
vegetation area.
i. Annual color plantings shall be used only in areas of high visual
impact and must be irrigated with drip, microirrigation or other
systems with efficiencies of 90 percent or greater. close to where
people can appreciate them. Otherwise, drip irrigated, perennial
plantings should be the primary source of color.
j. Native desert plants shall be specified to be planted in a shallow,
wide, rough hole two times the root ball width. The root ball will
be set on either undisturbed native soil or a firmed native soil. The
root ball top will be set even with the finished surface grade or
above grade if the soil is poorly drained. The hole must be
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backfilled with native soil. Extra soil may be used to mound up
around plants where the soil is poorly drained.
k. Landscaping must not obstruct or interfere with street signs, lights
or road/walkway visibility. Screening may be provided by walls,
berms or plantings.
l. High water use plans, characterized by a plant factor of 0.7 to 1.0,
are prohibited in street medians.
m.l. Use locally approved plant materials lists in the selection of
appropriate plants.
n.M. Planter islands in parking lots with canopy trees shall be sized to
meet local land use agency requirements.
o.n. A landscape plan in fire-prone areas shall address fire safety and
prevention. A defensible space or zone around a building or
structure is required per Public Resources Code Section 4291 (a)
and (b). Avoid fire-prone plant material and highly flammable
mulches.
p.o. The use of invasive and/or noxious plant species is prohibited.
q.p. The architectural guidelines of a common interest development,
which includes community apartment projects, condominiums,
planned developments and stock cooperatives, shall not prohibit or
include conditions that have the effect of prohibiting the use of
low-water use plants as a group (California Civil Code, Section
1353.8).
D. Grading Design Plan
1. For efficient use of water, grading of a project site shall be designed to
minimize soil erosion, runoff and water waste. A grading plan shall be
submitted as part of the Landscape Documentation Package. A
comprehensive grading plan prepared by a civil engineer for other local
agency permits satisfies this requirement.
2. The project applicant shall submit a landscape grading plan that
indicates finished configurations and elevations of the landscape area
including;
a. Height of graded slopes;
b. Drainage patterns;
c. Pad elevations;
d. Finish grade; and
e. Stormwater retention improvements, if applicable.
3. To prevent excessive erosion and runoff, it is highly recommended, and
per local agency requirements, that project applicants:
a. Grade so that all irrigation and normal rainfall remains within
property lines and does not drain on to non-permeable hardscapes;
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b. Avoid disruption of natural drainage patterns and undisturbed soil;
and
c. Avoid soil compaction in landscape areas.
4. The grading design plan shall contain the following statement: “I have
complied with the criteria of the ordinance and applied them accordingly
for the efficient use of water in the grading plan.”
5. Turf is not allowed on slopes greater than 25% where the toe of the
slope is adjacent to an impermeable hardscape and where 25% means 1
foot of vertical elevation change for every 4 feet of horizontal length
(rise divided by run x 100 = slope percent).
6. Slopes greater than 25% shall not be irrigated with an irrigation system
with a precipitation rate exceeding 0.75 inches per hour. This restriction
may be modified if the landscape designer specifies an alternative
design or technology, as part of the Landscape Documentation Package,
and clearly demonstrates no runoff or erosion will occur. Prevention of
runoff must be confirmed during an irrigation audit.
7. All grading must retain normal stormwater runoff and provide for an
area of containment. All irrigation water must be retained within
property lines and not allowed to flow into public streets or public
rights-of-way. Where appropriate, a simulated dry creek bed may be
used to convey storm drainage into retention areas. A drywell shall be
installed if the retention basin is to be used as a recreational area.
8. Mounded or sloped planting areas that contribute to runoff onto
hardscape are prohibited. Sloped planting areas above a hardscaped
area shall be avoided unless there is a drainage swale at toe of slope to
direct runoff away from hardscape.
9. Median islands must be graded to prevent stormwater and excess
irrigation runoff.
E. Irrigation Design Plan
For the efficient use of water, an irrigation system shall meet all the requirements
listed in this section and the manufactures recommendations. The irrigation
system and its related components shall be planned and designed to allow for
proper installation, management, and maintenance. An irrigation design plan
meeting the following criteria shall be submitted as part of the Landscape
Documentation Package.
Separate landscape water meters shall be installed for all projects except single
family homes with a landscape area less than 5,000 square feet. Landscape
meters for single family homes with a landscape area over 5,000 square feet may
be served by a permanent service connection provided by the District or be a
privately owned submeter installed at the irrigation point of connection on the
customer service line. When irrigation water is from a well, the well shall be
metered. The irrigation design plan shall be drawn on project base sheets. It
should be separate from, but use the same format as, the landscape design plan.
The irrigation system specifications shall accurately and clearly identify the
following:
Comment [JK1]: Terms Permanent Service
Connection and Customer Service Line were
retrieved from our Regulations Governing Domestic
Water in order to maintain consistency.
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1. Specifications for Irrigation Design.
a. Control valves, manufacturer's model number, size and location.
b. Irrigation head manufacturer's model number, radius, operating
pressure, gallons per minute/gallons per hour (gpm/gph) and
location.
c. Piping type, size and location.
d. Point of connection or source of water and static water pressure.
e. Meter location and size (where applicable).
f. Pump station location and pumping capacity (where applicable).
g. Power supply/electrical access and location.
h. Plan scale and north arrow on all sheets.
i. Graphic scaling on all irrigation design sheets.
j. Irrigation installation details and notes/specifications.
k. The irrigation system shall be automatic, constructed to discourage
vandalism and simple to maintain.
l. All equipment shall be of proven design with local service
available.
m. Show location, station number, size, and design gpm of each valve
on plan. Control valves shall be rated at 200 psi.
n. Visible sprinklers near hardscape shall be of pop-up design.
o. All heads should have a minimum number of wearing pieces with
an extended life cycle.
p. Sprinklers, drippers, valves, etc., must be operated within
manufacturer's specifications.
q. Manual shut-off valves shall be fully ported ball valves or butterfly
valves. Manual shut-off valves are required upstream of automatic
valve manifolds.
r. Master valves shall be metal, located as close to the point of
connection as possible, and be metal piped between the master
valve and the water meter.
s. High flow sensors that detect and report high flow conditions
created by system damage or malfunction shall be specified for all
projects where a dedicated landscape irrigation meter is required.
excluding single family and multi-family dwellings.
t. The following statement “I have complied with the criteria of the
ordinance and have applied them accordingly for the efficient use
of water in the irrigation design plan;” and
u. The signature of a licensed landscape architect, certified irrigation
designer, irrigation consultant, landscape contractor or any other
person authorized to design an irrigation system.
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2. Specifications for Irrigation Efficiency
The minimum irrigation efficiency shall be 0.75 (75%). Greater irrigation
efficiencies are expected from well-designed and maintained systems.
The following are required:
a. Design spray head and rotor head stations with consideration for
worst wind conditions. Close spacing and low-angle nozzles are
required in high and frequent wind areas (ETo Zone No. 5).
b. Spacing of sprinkler heads shall not exceed manufacturer's
maximum recommendations for proper coverage. The plan design
shall show a minimum of 0.75 (75%) distribution uniformity.
c. Only irrigation heads with matched precipitation rates shall be
circuited on the same valve.
d. Valve circuiting shall be designed to be consistent with
hydrozones.
e. Individual hydrozones that mix plants that are moderate and low
water use may be allowed if:
(i) plant factor calculation is based on the proportions of the
respective plant water uses and their plant factor; or
(ii) the plant factor of the higher water using plant is used for
the calculations.
f. Individual hydrozones that mix high and low water use plants shall
not be permitted.
g. On the landscape design plan and irrigation design plan, hydrozone
areas shall be designated by number, letter, or other designation.
On the irrigation design plan, designate the areas irrigated by each
valve, and assign a number to each valve. Use this valve number
in the hydrozone information table. This table can assist with
pre-inspection and final inspection of the irrigation system, and
programming the controller.
3. Irrigation System Criteria
a. Reduced pressure backflow prevention devices shall be installed
behind meter at curb by the District.
b. Show location, station number, size and design gpm of each valve
on plan.
c. Smart Controllers shall be specified for all projects. This includes
climate based or sensor based controllers, which can automatically
adjust for local weather and/or site conditions.
d. High flow check valves shall be installed in or under all heads
adjacent to street curbing, parking lots and where damage could
occur to property due to flooding, unless controllers with flow
sensor capabilities are specified that can automatically shut off
individual control valves when excess flow is detected.
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e. Pressure compensating screens/devices shall be specified on all
spray heads to reduce radius as needed to prevent overthrow onto
hardscape and/or to control high pressure misting.
f. All irrigation systems shall be designed to avoid runoff onto
hardscape from low head drainage, overspray and other similar
conditions where water flows onto adjacent property, nonirrigated
areas, walks, roadways or structures.
g. Rotor type heads shall be set back a minimum of 4 feet from
hardscape.
h. The use of drip, microirrigation or pressure compensating bubblers
or other systems with efficiencies of 90 percent or greater is
required for all shrubs and trees. Small, narrow (less than 8 feet),
irregularly shaped or sloping areas shall be irrigated with drip,
microspray or PC (pressure-compensating) bubbler heads.
i. Trees in turf areas shall be on a separate station to provide proper
deep watering.
j. Street median irrigation
i. No overhead sprinkler irrigation system shall be installed in
median strips or in islands.
ii. Median islands or strips shall be designed with either a drip
emitter to each plant or subsurface irrigation. Bubblers used
for trees must be fixed-flow pressure compensating type.
Adjustable bubblers are prohibited
k. Meter sizing for landscape purposes shall be 33 gpm per planted
acre. Maximum design meter flow rates are: 3/4" = 23 gpm, 1" =
37 gpm, 1-1/2" = 80 gpm, 2" = 120 gpm
l. Large projects located outside Improvement District No. 1 of the
Coachella Valley Water District shall connect to or provide future
connection to recycled water if such water is available. Large
projects located inside Improvement District No. 1 may be
required to connect to canal irrigation water or recycled water if
such water is available. (See attached boundary map.)
4. Drip Irrigation System Criteria
a. The drip system must be sized for mature-size plants.
b. The irrigation system should complete all irrigation cycles during
peak use in about 12 hours. Normally, each irrigation controller
should not have more than four drip stations that operate
simultaneously.
c. Field installed below ground pipe connections shall be threaded
PVC or glued PVC. Surface laid hose and tubing is prohibited.
Polyethylene tubing is allowed only in subsurface installations.
Drip emitter installation shall be directly into polyethylene tubing
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on a ¼ inch thick-walled riser. Multi-port outlet devices and multi-
port distribution is prohibited.
d. Proportion gallons per day per plant according to plant size. The
following sizing chart is for peak water use. The low to high end
of the range is according to the relative water requirements of the
plants. The low end is for desert natives and the high end is for
medium water use type plants.
Size of Plant
Gallons
Per Day
Large trees (over 30-foot diameter) 58+ to 97+
Medium trees (about 18-foot diameter) 21 to 35
Small trees/large shrubs (9-foot
diameter)
6 to 10
Medium shrubs (3.5-foot diameter) .8 to 1.3
Small shrubs/groundcover .5 or less
e. Plants with widely differing water requirements shall be valved
separately. As an example, separate trees from small shrubs and
cactus from other shrubs. Multiple emitter point sources of water
for large shrubs and trees must provide continuous bands of
moisture from the root ball out to the mature drip line plus
20 percent of the plant diameter. See Appendix C for more
information on emitter spacing and wetted area.
f. Most plants require 50 percent or more of the soil volume within
the drip line to be wetted by the irrigation system. See Appendix C
for more information. For additional information on plant
watering and plant relative water needs, see the plant list section of
the "Lush and Efficient, Landscape Gardening in the Coachella
Valley" or a list provided by the local agency.
5. Recycled Water Specifications
a. When a site has recycled water available or is in an area that will
have recycled water available as irrigation water, the irrigation
system shall be installed using the industry standard purple colored
or marked “Recycled Water Do Not Drink” on pipes, valves and
sprinkler heads.
b. The backup groundwater supply (well water or domestic water)
shall be metered. Backup supply water is only for emergencies
when recycled water is not available.
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c. Recycled water users must comply with all county, state and
federal health regulations. Cross connection control shall require a
6-inch air gap system or a reduced pressure backflow device. All
retrofitted systems shall be dye tested before being put into service.
d. Where available, recycled water shall be used as a source for
decorative water features.
e. Sites using recycled water are not exempted from the Maximum
Applied Water Allowance (MAWA), prescribed water audits or
the provisions of these criteria.
f. A Recycled Water Checklist (Appendix G) shall be submitted to
the District upon submittal of the first plan check of the landscape
design plan and the irrigation design plan.
6. Irrigation Water (Nonpotable) Specifications
a. When a site is using nonpotable irrigation water that is not
recycled water (from an on-site well or canal water) all hose bibs
shall be loose key type and quick coupler valves shall be of locking
type with nonpotable markings to prevent possible accidental
drinking of this water.
b. Sites using nonpotable irrigation water are not exempted from the
Maximum Applied Water Allowance (MAWA), prescribed water
audits or the provisions of these criteria.
7. Groundwater Water Specifications
a. Sites using groundwater irrigation water from wells are not
exempted from the Maximum Applied Water Allowance
(MAWA), prescribed water audits, or the provisions of these
criteria.
8. Golf Course Criteria
a. For all new golf courses and additions or renovations to existing
golf courses, the area of irrigated turf used for tees, fairways,
greens and practice areas shall be limited. The total turf area of the
golf course shall be limited to a maximum of four (4) irrigated
acres average per golf hole. Practice areas such as driving ranges
and short game areas shall not exceed ten (10) acres of turf. The
golf course design shall reflect the natural topography and drainage
ways of the site, minimize the clearing of vegetation and be
flexible and water efficient in design.
b. All nonturf areas such as ponds, lakes, artificial water courses,
bunkers and irrigated landscapes within the golf course project
area must not exceed the Maximum Applied Water Allowance
(MAWA) calculations set forth within these criteria.
0.00.040 Other Provisions
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A. Landscape Audit, Irrigation Survey, and Irrigation Water Use Analysis for New
Construction and Rehabilitated Landscapes
1. This section shall apply to new construction and rehabilitated landscape
projects installed after January 1, 2010 as described in Section 0.00.030.
2. All landscape irrigation audits shall be conducted by a certified landscape
irrigation auditor.
3. The project applicant shall submit an irrigation audit report with the
Certificate of Completion to the local agency that may include, but not be
limited to, inspection, system tune-up, system test with distribution
uniformity, reporting overspray or run-off that causes overland flow, and
preparation of an irrigation schedule, including configuring irrigation
controllers with application rate, soil types, plant factors, slope, exposure
and any other factors necessary for accurate programming;
4. The District will administer programs that may include, but not be limited
to, irrigation water use analysis, irrigation audits and irrigation surveys for
compliance with the Maximum Applied Water Allowance (MAWA).
5. The owner of the landscaped area shall bear the cost of the audit.
B. Irrigation Audit, Irrigation Survey and Irrigation Water Use Analysis for Existing
Landscapes
1. This section shall apply to all existing landscapes that were installed
before January 1, 2010 and are over one (1) acre in size.
2. The District will administer programs that may include, but not be limited
to, irrigation water analysis, irrigation surveys and irrigation audits that
verify landscape water use does not exceed the Maximum Applied Water
Allowance (MAWA) for existing landscapes. The Maximum Applied
Water Allowance (MAWA) for existing landscapes shall be calculated as:
MAWA = (.70) (ETo) (LA) (.62/748) unless landscape plans were
submitted and approved under a more water conserving ordinance.
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C. Water Waste Prevention
1. Water Waste Prevention. Water waste resulting from inefficient landscape
irrigation including run-off, low-head drainage, overspray, or other similar
conditions where water flows onto adjacent property, nonirrigated areas,
walks, roadways, or structures is prohibited. All broken heads and pipes
must be repaired within 72 hours of notification. Penalties for violation of
these prohibitions are established in Section 0.00.070.
2. Water service to customers who cause water waste may have their service
discontinued.
3. Customers who appear to be exceeding the Maximum Applied Water
Allowance (MAWA) may be interviewed by the District Water
Management Department to verify customer water usage to ensure
compliance.
D. Soil Management Report
1. In order to reduce runoff and encourage healthy plant growth, a soil
management report shall be completed by the project applicant or designee
as follows:
a. Submit soil samples to a laboratory for analysis and
recommendation.
b. Soil sampling shall be conducted in accordance with laboratory
protocol, including protocols regarding adequate sampling depth
for the intended plants.
c. The soil analysis may include:
i. Determination of soil texture, indicating the available water
holding capacity.
ii. An approximate soil infiltration rate (either) measured or
derived from soil texture/infiltration rate tables. A range of
infiltration rates shall be noted where appropriate.
iii. Measure of pH, total soluble salts and percent organic
matter.
d. The project applicant or designee shall comply with one of the
following:
i. If significant mass grading is not planned, the soil analysis
report shall be submitted to the local agency as part of the
Landscape Documentation Package; or
ii. If significant mass grading is planned, the soil analysis report
shall be submitted to the local agency as part of the Certificate
of Completion.
e. The soil analysis report shall be made available, in a timely
manner, to the professionals preparing the landscape design plans
and the irrigation plans to make any necessary adjustments to the
design plans.
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f. The project applicant or designee shall submit documentation
verifying implementation of soil analysis report recommendations
to the local agency with the Certificate of Completion.
E. Developer-Provided Documentation
1. The developer/applicant/designee shall provide an approved copy of the
Landscape Documentation Package and the following information for the
homeowner or irrigation system operator. The package/information shall
include a set of drawings, a recommended monthly irrigation schedule,
and a recommended irrigation system maintenance schedule as described
in Section 0.00.040G.
2. Irrigation Schedules. For the efficient use of water, all irrigation
schedules shall be developed, managed, and evaluated to utilize the
minimum amount of water to maintain plant health. Irrigation schedules
shall meet the following criteria:
a. An annual irrigation program with monthly irrigation schedules
shall be required for the plant establishment period, for the
established landscape, and for any temporarily irrigated areas. The
irrigation schedule shall:
i. Include run time (in minutes per cycle), suggested number
of cycles per day, and frequency of irrigation for each
station.
ii. Provide the amount of applied water (in hundred cubic feet)
recommended on a monthly and annual basis.
iii. Whenever possible, incorporate the use of
evapotranspiration data, such as those from the California
Irrigation Management Information System (CIMIS)
weather stations, to apply the appropriate levels of water
for different climates.
iv. Whenever possible, be scheduled between 8:00 p.m. and
10:00 a.m. to avoid irrigating during times of high wind or
high temperature. Run times and other water efficient
requirements may be imposed by the CVWD Board of
Directors from time to time.
G. Maintenance Schedules
A regular maintenance schedule satisfying the following conditions shall be
submitted as part of the Landscape Documentation Package:
1. Landscapes shall be maintained to ensure water efficiency. A regular
maintenance schedule shall include but not be limited to checking,
adjusting, cleaning and repairing equipment; resetting the automatic
controller, aerating and dethatching turf areas; replenishing mulch;
fertilizing; pruning; and weeding in all landscaped areas.
2. Repair of irrigation equipment shall be done with the originally specified
materials or their approved equal.
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3. A project applicant is encouraged to implement sustainable or
environmentally-friendly practices for the overall landscape maintenance.
H. Certificate of Completion
1. The Certificate of Completion (Appendix E) shall include the following:
a. Submittal and Approval Dates of the Landscape Documentation
Package and Submittal Date of the Water Efficient Landscape
Worksheet
b. Project Name
c. Project Address and Location
d. Applicant Name, Telephone and Mailing Address
e. Property Owners Name, Telephone, and Mailing Address
2. Certification by either the signer of the landscape design plan, the signer
of the irrigation design plan, or the licensed landscape contractor that the
landscape project has been installed per the approved Landscape
Documentation Package.
3. Irrigation scheduling parameters used to set the controller. A diagram of
the irrigation plan showing hydrozones shall be kept with the irrigation controller
for subsequent management purposes.
4. Landscape and irrigation maintenance schedule.
5. Irrigation audit report.
6. Soil analysis report and documentation verifying implementation of soil
report recommendations.
7. The project applicant shall:
a. Submit the signed Certificate of Completion to both the local
agency and the District for review and approval.
b. Ensure that copies of the Certificate of Completion with all
approvals are submitted to the local agency, the District, and
property owner or his or her designee.
8. The District and the local agency shall:
a. Receive the signed Certificate of Completion from the project
applicant.
b. Approve or deny the Certificate of Completion. If the Certificate of
Completion is denied, the local agency shall provide information to
the project applicant regarding reapplication, appeal or other
assistance.
I. Stormwater Management
1. Stormwater management practices minimize runoff and increase
infiltration which recharges groundwater and improves water quality.
Implementing stormwater best management practices into the landscape
164
Revised 11.24.09
27
and grading design plans to minimize runoff and to increase on-site
retention and infiltration are encouraged.
2. Project applicants shall refer to the District, the local agency, and/or
Regional Water Quality Control Board for information on any applicable
stormwater ordinances and stormwater management plans.
3. Rain gardens and other landscape features that increase rain water capture
and infiltration are recommended.
J. Public Education
1. Public education is a critical component to promote the efficient use of
water in landscapes. The use of appropriate principles of design,
installation, management and maintenance that save water is encouraged
in the community.
2. The District and the local agency shall provide information to owners of
new, single family residential homes residents regarding the design,
installation, management and maintenance of water efficient landscapes.
0.00.050 Review and Program Monitoring Fees
A. Review and Program Monitoring fees are deemed necessary to review Landscape
Documentation Packages and monitor landscape irrigation audits and shall be
imposed on the subject applicant, property owner or designee.
B. A Landscape Documentation Package review fee will be due at the time of initial
project application submission to the District.
C. The Board of Directors, by resolution, shall establish the amount of the above fees
in accordance with applicable law.
0.00.060 Appeals
A. Appeal to General Manager-Chief Engineer. An applicant, property owner or
designee of any applicable project may appeal decisions made by the Water
Management Department or Service Director other than imposition of penalties
(see Sections 0.00.070 – 0.00.090 regarding imposition of penalties) to the
General Manager-Chief Engineer, in writing, within fifteen (15) days of
notification of decision. The General Manager-Chief Engineer’s decision shall
become final on the fifteenth (15th) day following service of written notification
of said decision unless a timely appeal is filed pursuant to 0.00.060 B.
B. Appeal to Board of Directors. An applicant, property owner or designee of any
applicable project may appeal decisions made by the General Manager-Chief
Engineer pursuant to Section 0.00.060 A. to the Board of Directors. Said appeal
must be written and submitted to the Secretary of the Board of Directors within
fifteen (15) days of the date of notification of the General Manager-Chief
Engineer’s decision. The Board of Directors’ decision shall be final upon its
adoption.
0.00.070 Penalties
A. Violation of any part of Ordinance No. 1302.1 may result in any or all of the
following penalties as may be imposed by the District or any other local agency
165
Revised 11.24.09
28
with jurisdiction to take enforcement actions. The following penalties apply when
enforcement action is taken by the District:
1. Monetary. See Appendix F for schedule of monetary penalties.
2. Termination of Service.
B. Notice. The District shall issue a written notice of imposition of penalty. The
notice shall set forth penalty imposed and the reason for imposition of it. The
notice shall be served on the customer by registered or certified mail and shall
advise that the customer may request review of the imposition of penalty by filing
a written request for a hearing pursuant to the provision of Section 0.00.080.
0.00.080 Hearing Regarding Penalties
A. Request for Hearing. Customers who have received notice of imposition of
penalty may make a written request for a hearing. The District must receive the
request for hearing no later than fifteen (15) days from the date of the notice of
imposition of penalty. The request for hearing shall set forth, in detail, all facts
supporting the request. Upon District’s receipt of a timely request for a hearing,
imposition of penalty shall be stayed until the Statement of Decision after hearing
becomes final, or, if the Statement of Decision is timely appealed, the Board of
Directors’ order on appeal is adopted.
B. Notice of Hearing. Within ten (10) days of the District’s receipt of the request for
hearing, the District shall provide written notice to the customer of the date, time
and place of the hearing. The hearing date shall be within thirty (30) days of the
mailing of the notice of hearing, unless the parties agree, in writing, to a later
date.
C. Hearing. The General Manager-Chief Engineer, or his designee, shall act as the
Hearing Officer. At the hearing, the customer shall have an opportunity to
respond to the allegations set forth in the notice of imposition of penalty by
producing written and/or oral evidence.
D. Statement of Decision. Within ten (10) days following the hearing, the Hearing
Officer shall prepare a written Statement of Decision, which shall set forth the
facts upon which the decision is based. The Statement of Decision shall be served
by personal delivery or registered or certified mail on the customer. The
Statement of Decision shall become final on the sixteenth (16th) day after service
on the customer unless a request for appeal is timely filed with the Board of
Directors pursuant to Section 0.00.090.
0.00.090 Appeal of Penalties
A. Request for Appeal. A customer may appeal a Statement of Decision by filing a
written request for appeal with the Board of Directors before the date the
Statement of Decision becomes final, i.e., no later than the fifteenth (15 th) day
following service of the Statement of Decision on the customer. The request for
appeal shall set forth, in detail, all the issues in dispute and all facts supporting the
request.
B. Notice of Appeal Hearing. No later than thirty (30) days after receipt of the
request for appeal, the Board of Directors shall set the matter for a hearing.
Written notice of said hearing of appeal shall be served on the appellant by
166
Revised 11.24.09
29
personal delivery or registered or certified mail. The hearing date shall be a date
within thirty (30) days of service of the notice of hearing of appeal, unless the
parties agree, in writing, to a later date. If the Board of Directors does not hear
the appeal within the required time due to acts or omissions of the appellant, the
Statement of Decision shall become final on the thirty-first (31st) day after service
of notice of hearing of appeal on the customer.
C. Determination and Order on Appeal. After the hearing of appeal, the Board of
Directors shall issue an order affirming, modifying or reversing the General
Manager-Chief Engineer’s decision. The Board of Directors shall set forth its
Determination and Order, in writing, and shall serve the Determination and Order
to the customer by personal delivery or registered or certified mail within thirty
(30) days following the hearing. The Determination and Order of the Board of
Directors shall be final upon its adoption.
167
APPENDIX A
Landscape Documentation Package Checklist
Project Site: Tract or Parcel Number:
Project Assessor’s Parcel Number (APN):
Project Location:
Landscape Architect/Irrigation Designer/Contractor and Name and Contact Information:
______________________________________________________________________________
Included in this Landscape Documentation Package are: (Check to indicate completion)
____ 1. Water Efficient Landscape Worksheet (Appendix B)
WATER BUDGET CALCULATIONS (Appendix D)
____ 2. Maximum Applied Water Allowance (MAWA):
Conventional Landscape: ______ 100 cubic feet/year
+ Recreational Turf grass Landscape: _____ 100 cubic feet/year (if applicable)
Maximum Applied Water Allowance: _________ 100 cubic feet/year
____ 3. Estimated Total Water Use by Hydrozone:
Turf grass Hydrozones: ______ 100 cubic feet/year
Recreational Turf grass Hydrozones: _______ 100 cubic feet/year
Low Plant Hydrozones: _______ 100 cubic feet/year
Medium Plant Hydrozones: _______ 100 cubic feet/year
High Plant Hydrozones: _______ 100 cubic feet/year
Water Features: _______ 100 cubic feet/year
Other _______________________: _______ 100 cubic feet/year
Estimated Total Water Use: __________ 100 cubic feet/year
____ 4. ETWU < MAWA
PLAN SETS
____ 5. Landscape Design Plan
____ 6. Irrigation Design Plan
____ 7. Grading Design Plan
____ 8. Soil Management Report
I agree to comply with the requirements of the water efficient landscape ordinance and submit a
complete Landscape Documentation Package.
Date: ____________________ Applicant: ___________________________________________
168
APPENDIX B
SAMPLE WATER EFFICIENT LANDSCAPE WORKSHEET
This worksheet is filled out by the project applicant and is a required element of the
Landscape Documentation Package.
PROJECT INFORMATION
Project Name
Name of Project Applicant Telephone No.
Fax No.
Title Email Address
Company Street Address
City State Zip Code
SECTION A. HYDROZONE INFORMATION TABLE
Please complete the hydrozone table(s) for each irrigation point of connection. Use as many tables as
necessary to provide the square footage of landscape area per valve.
Irrigation Point of Connection (P.O.C.) No.
Controller No. Valve
Circuit No.
Plant Types(s)* Irrigation
Method**
Area
(Sq. Ft.)
% of Landscape
Area
Total 100%
*Plant Type **Irrigation Method
Cst = Cool Season Turf MS = Microspray
WST = Warm Season Turf S = Spray
HW = High Water Use Plants R = Rotor
MW = Moderate Water Use Plants B = Bubbler
LW = Low Water Use Plants D = Drip
O = Other
169
APPENDIX C
ET PROFILE AND PLANT FACTORS
Jan> <Feb Mar Apr> <May Jun Jul Aug Sep> <Oct Nov Dec Totals Totals
Monthly ETo (inches) ………………………………………………………………………………………………….. Inches Feet
Zone No. 1-Coves 1.71 2.84 4.00 5.70 6.84 7.98 7.98 6.27 5.70 4.00 2.28 1.71 57.01 4.75
Zone No. 2-COD 2.00 3.36 4.68 6.68 8.02 9.35 9.35 7.35 6.68 4.68 2.67 2.00 66.82 5.57
Zone No. 3-EMC 2.25 3.75 5.25 7.50 9.00 10.50 10.50 8.25 7.50 5.25 3.00 2.25 75.00 6.25
Zone No. 4-TH 2.64 4.40 6.16 8.80 10.56 12.32 12.32 9.68 8.80 6.16 3.52 2.64 88.00 7.33
Zone No. 5-I10 2.82 4.68 6.57 9.39 11.27 13.15 13.15 10.33 9.39 6.57 3.76 2.82 93.90 7.83
% Annual ETo per Month 3 5 7 10 12 14 14 11 10 7 4 3
Zone No. 1 = Most protected cove areas with minimum wind, longest mountain shadows, higher rainfall, Palm Can. to La Q. Cove
Zone No. 2 = Lower cove areas, light winds, long afternoon shadows from mountains, typ. Hwy 111 from Cathedral City to La Quinta
Zone No. 3, 4 = Moderate winds, minimum mountain shadows, some blowing sand and dust; 3) Upper valley predominate
wind from northwest, 4) Lower valley has lower elevation and more summer southeast wind
Zone No.5 = Frequent strong northwest winds, heavy blowing sand and dust, typical of I-10 corridor to Washington Street
Maximum Applied Water Allowance (CCF) = ETo (in inches for season) X .50 X Area (in square feet) X .62 / 748
ET Adjustment Factor = .45.38 Plant Factor / .75 Irrigation System Efficiency = 0.50
.62 = gallons per square foot per inch deep
CCF = 100 cubic feet = 1 billing unit = 748 gallons
Estimated Total Water Use (CCF) = ETo (in inches for season) X Plant Factor X Area (in square feet) X 0.62 / 748
Irrigation System Efficiency
Target Irrigation Efficiency = .80 Turf Rotor
= .75 Sprayheads
= .90 Drip/Micro/PC Bubbler
Emitters per Plant Estimate = Area Of Plant In Square Feet X % Of Area To Be Wet
Square Feet Wet Per Emitter
Emitter Wetted Area Emitter
Soil Type (inches water holding capacity per inch of depth) Square Feet Each Spacing
Very Coarse Sand 0.05 Typical of high on an alluvial fan .75 to 1.75 10"
Blow Sand 0.07 Typical of mid valley ridge area 1.75 to 3 18"
Fine Sand 0.10 Typical of low on alluvial fans from Rancho Mirage to Indian Wells 3 to 5 3'
Very Fine Silty Sand 0.15 Typical of lowest alluvial fans from La Quinta, Indio, & Coachella 5 to 10 4'
Silt Loam 0.17 Typical of lower valley agricultural areas located below sea level 10 to 28 4.5'
170
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Avg
Plant Factor (Kc) ……………………………..………..……………………………………………………………………..
Cool Turf 100%** 1.00 1.00 1.00 NR NR NR NR NR NR 1.00 1.00 1.00 1.00
Warm Turf 100%** NR NR NR 0.80 0.80 0.80 0.80 0.80 0.80 NR NR NR 0.80
Cool Turf 80%* 0.80 0.80 0.80 0.70 NR NR NR NR NR 0.80 0.80 0.80 0.79
Warm Turf 60%* NR NR NR 0.60 0.60 0.60 0.60 0.60 0.60 0.60 NR NR 0.60
Combined TurfSav* 0.80 0.80 0.80 0.70 0.60 0.60 0.60 0.60 0.60 0.70 0.80 0.80 0.70
Tree/Shrub/GC L* 0.20 0.20 0.20 0.20 0.20 0.20 0.20 0.20 0.20 0.20 0.20 0.20 0.20
Tree/Shrub/GC L** 0.40 0.40 0.40 0.40 0.40 0.40 0.40 0.40 0.40 0.40 0.40 0.40 0.40
Tree/Shrub/GC M* 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.50
Tree/Shrub/GC M** 0.70 0.70 0.70 0.70 0.70 0.70 0.70 0.70 0.70 0.70 0.70 0.70 0.70
Tree/Shrub/GC H* 0.80 0.80 0.80 0.80 0.80 0.80 0.80 0.80 0.80 0.80 0.80 0.80 0.80
Tree/Shrub/GC H** 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
Open WaterFactor 1.10 1.10 1.10 1.10 1.10 1.10 1.10 1.10 1.10 1.10 1.10 1.10 1.10
(Approx. Evaporation from a still water surface, higher factor (1.2) with falls and fountains.) Reference; WUCOLS III
CombinedTurfSav = Combination of cool and warm season turf according to normal management in the Coachella Valley
* = Normal irrigation level to maintain established planting
** = Normal irrigation level during plant establishment
GC = Groundcover
L = Low water use Kc .1 to .3
M = Moderate water use Kc .4 to .6
H = High water use Kc .7 to .9
NR = Not Recommended
171
Revised 11/24/09
APPENDIX D
SAMPLE CALCULATION/ESTIMATED TOTAL WATER USE (by Hydrozone)
Using the following formula from Appendix C:
ETWU = (ETo) x (PF) x (LA) x (.62)] / (748) / (IE)
ETWU = Estimated Water Use (hundred cubic feet)
ETo = Reference Evapotranspiration (inches)
[for period of estimate]
PF = Plant Factor (Kc)
LA = Landscaped Area (in square feet)
.62 = Conversion Factor (to gallons per square foot)
748 = Conversion Factor (to hundred cubic feet)
IE = Irrigation System Efficiency
Project Site Example: Total landscaped area 60,000 square feet in Palm Desert near the
intersection of Cook Street and Country Club Drive in Zone No. 3
(75.0” Annual ETo).
12,0006,500 square feet of turf grass overseeded with rye grass in winter, irrigated
with low angle rotor sprinklers.
32,70028,200 square feet of “low” desert native plantings on drip irrigation.
15,300 square feet of “moderate” water using plantings on drip irrigation.
See Appendix C for formula factors. ETo is totaled for season. Turf grass plant factors are the
average for the season and tree/shrub/groundcover plant factors are considered constant annually.
Plant Factors
Turf Low Native Moderate
Grass Plants Shrubs
0.70 0.20 0.50
ETWU = [(ETo) x (PF) x (LA) x (.62) / (748)] / (IE) = CCF
Overseeded Turf Grass: Season = 75.0 x .7 x 16,50012,000 x .62 / 748 /.80 = 653897 CCF
Seasonal Turf ETWU = 653897 CCF
“Low” Native Plants: Annual = 75.0 x .2 x 28,20032,700 x .62 / 748 / .90 = 451389 CCF
“Low” Native ETWU = 451389 CCF
“Moderate” Shrubs and Ground Cover: Annual = 75.0 x .5 x 15,300 x .62 / 748 / .90 = 528 CCF
“Moderate” ETWU = 528 CCF
Project Total ETWU = 1,632814 CCF
172
APPENDIX D
SAMPLE CALCULATION
Maximum Applied Water Allowance (MAWA)
Using the following formula:
MAWA = [(ETo) x (0.4550) x (LA) x (0.62)] / (748)
MAWA = Maximum Applied Water Allowance (CCF or hundred cubic feet)
ETo = Reference Evapotranspiration (inches per year)
0.4550 = ET adjustment factor = .38 PF / .75 IE
LA = Landscaped Area (square feet)
0.62 = Conversion Factor (to gallons per square foot)
748 = Conversion Factor (to hundred cubic feet)
Using the project for the Estimated Total Water Use example:
Landscaped area of 60,000 square feet in Palm Desert near the intersection of Cook Street
and Country Club Drive in Zone No. 3 (75.0” Annual ETo).
MAWA = 75.0 (ETo) x (0.4550) x (LA) x (0.62) / (748)
= [75.0(.4550) (60,000) (0.62)] / (748)
MAWA = 1,678864 CCF
ETWU total of 1,632814 CCF is < the MAWA of 1,678865 CCF
173
APPENDIX E
SAMPLE CERTIFICATE OF COMPLETION
Project Name:
Parcel Map or Tract No.: APN:
Project Location:
Maximum Applied Water Allowance (MAWA): (in hundred cubic feet)
Estimated Annual Total Applied Water Use: (in hundred cubic feet)
Preliminary project documentation submitted (initials indicate submittal)
1. Grading design plan
2. Landscape design plan
3. Irrigation design plan
4. Irrigation schedules
Post Installation inspection (initials indicate completion)
1. Plants installed as specified
2. Irrigation System installed as designed
Comments:
A copy of this certification has been provided to the owner/developer, the local agency and to the
District. I certify the work has been completed in accordance with District Ordinance 1302.1,
Landscape and Irrigation System Design Criteria.
Landscape Architect/Designee Signature License No. Date
1. Date the Landscape Documentation Package was submitted to the Local Agency: _______
2. Date the Landscape Documentation Package was approved by the Local Agency: _______
3. Date a copy of the Water Efficient Landscape Worksheet (including the Water Budget
Calculation) was submitted to the District: _______
174
APPENDIX F
SCHEDULE OF MONETARY PENALTIES
1. $250 upon receipt of first written Notice of Non-compliance.
2. An additional $250 (for a total of $500) upon receipt of the second Notice of Non-
compliance issued thirty (30) days after the receipt of the first Notice of Non-compliance.
175
APPENDIX G
Recycled Water Checklist
1. Obtain coverage under the general waste discharge requirements for discharge of
recycled water for golf course and landscape irrigation Order No. 97-700 or equivalent
version of this permit from the California Regional Water Quality Control Board of the
Colorado River Basin Region (Regional Board) by submitting a Notice of Intent to the
Regional Board and paying application/annual fees.
2. Enter into an agreement with CVWD for receiving nonpotable water for golf course and
landscape irrigation. The agreement between discharger and CVWD must be provided to
the Regional Board within 90 days of receiving coverage under the permit referenced
above in item #1.
3. Landscape and Irrigation system plans must meet regulatory requirements of Order 97-
700 or equivalent version of this permit, the State Board’s Recycled Water Policy, and
California Department of Public Health (CDPH) Statutes and Regulations related to
recycled water, such as the Health and Safety Code, the Water Code, Title 17 and Title
22 Code of Regulations. These requirements include but are not limited to the following:
a. An air-gap separation, a vertically measured distance between supply pipe
and receiving vessel must be present and meet the required distance for the
size of the supply pipe.
b. The appropriate type of backflow protection is to be installed for auxiliary
water supplies and recycled water.
c. The required separation distance between recycled water lines and
impoundments and application area; and domestic wells and water lines is
maintained and approved by CDPH.
d. The design of the irrigation system shall not cause the occurrence of ponding
anywhere in the reuse area, and overspray or mist around dwellings, outdoor
eating areas and/or food handling facilities is eliminated. Irrigation runoff
shall be confined to the recycled water use area unless authorized by CDPH.
e. Drinking fountains will be protected from spray, mist or runoff by use of a
drinking fountain cover or shelter approved for this purpose.
f. Hose bibs are not allowed on portions of the recycled water systems
accessible to the general public. Quick couplers that differ from those used on
the potable water system are allowed.
176
g. Signs are posted in areas that the public has access to that are no less than 4
inches high by 8 inches wide and include “RECYCLED WATER—DO NOT
DRINK” and the international do not drink symbol as indicated in CCR Title
22 Division 4 Chapter 3 Article 4 Section as figure 60310-A. The number and
locations of these signs will be approved by CDPH.
h. The recycled water irrigation system is able to be operated during a time of
day that will minimize contact with the public.
i. All pipes installed above or below ground on or after June 1, 1993 designed to
carry recycled water are to be colored purple or wrapped in purple tape.
j. Golf course pump houses utilizing recycled water are appropriately tagged
with warning signs with proper wording of sufficient size to warn the public
that recycled water is not safe for drinking. All new and replacement at grade
valve boxes shall be purple or appropriately tagged for water reuse purposes.
All other appurtenances and equipment used for recycled water must be
identified as used for recycled water distribution per the recommendations of
CDPH.
4. Prior to construction, landscape and irrigation system plans must be submitted for
approval to the following agencies (please allow for a 30 day comment period):
a. Regional Board Water Quality Control Board,
b. California Department of Public Health, and
c. CVWD.
5. Upon approval from the Regional Board and CDPH, the discharger shall provide
notification that recycled water will be used for irrigation to people who reside adjacent
to the recycled water use area and to golf course patrons though a method approved by
the Regional Board’s Executive Officer and CDPH at least 30 days prior to use of
recycled water.
6. A Use Site Supervisor must be designated and his or her name and contact information
must be provided in writing to CVWD and the Regional Board 30 days prior to discharge
of recycled water. This person will be available to be contacted and receive periodic
education and training on the uses and restrictions of recycled water.
7. A cross-connection control test will be performed on the irrigation and domestic systems
prior to the discharge of recycled water and at least once every four years thereafter. This
test is to be conducted by an American Water Works Association (AWWA) certified
cross-connection control program specialist or equivalent. The results of these tests are
to be submitted to CVWD, CDPH, and the Regional Board within 30 days of test
completion.
8. “As-Built” plans and specifications showing the domestic and irrigation systems, location
of all potable and recycled water connections and location of all on-site and nearby wells
to CDPH, as per the CDPH requested time frame.
177
178
City of La Quinta
CITY COUNCIL MEETING
DEPARTMENT REPORT
TO: Madame Mayor and Members of the City Council
FROM: Gabriel Perez, Planning Manager
DATE: December 1, 2015
SUBJECT: COACHELLA VALLEY WIND UP - SAXONY CONVENTION CENTER
On October 13, 2015, Mr. Martin Dolemo submitted a Temporary Use Permit (TUP)
application on behalf of Saxony Group, LP for music festival events (Coachella
Valley Wind Up) to be held at the Saxony Convention Center on April 14, 21, and
28, 2016. At the November 3, 2015, Council meeting, staff identified the
application was missing information and provided a timeframe (Attachment 1)
with realistic submittal and approval dates to satisfy the TUP requirements. To
date the applicant has made progress and submitted the following information:
Site Plan with Parking Plan ---satisfied
The applicant is required to identify 3,857 parking spaces under the parking
requirements for clubs, lodge halls and union halls. The submitted site plan
identifies 2,900 on-site parking spaces at the Centre of La Quinta, available
to the applicant through an existing reciprocal parking agreement recorded
on the property title. The applicant proposes additional temporary remote
parking with a capacity for 1,100 parking spaces at a 22-acre area at the
southwest corner of Auto Center Drive and Auto Center Way. The site was
previously rough graded. An area of 1.25 acres at the convention center is
dedicated to shuttle bus parking to reduce on-site parking demands.
Traffic Control Plan --- satisfied
Noise Control Plan --- not satisfied
Waste Reduction Plan --- satisfied
Tenant Improvement Plans --- partially satisfied as follows: 1) Replacement
of Electrical Service Equipment, Replacing existing fluorescent lighting to
LED and new wiring to HVAC equipment; 2) Structural Calculations that
illustrate that the existing building meets the required importance factor
1.25; 3) Structural calculations and drawings for the addition of the new air
conditioning units and closing off all skylight openings. These plans are on
hold as additional aspects of the analysis are required.
Operations Plan
The following information is still pending:
Noise Control Plan
DEPARTMENT REPORT ITEM NO. __ 4B
179
As this is an indoor event a Noise Control Plan is not required. Staff will
address sound reduction measures with the applicant during sound system
testing prior to the event to ensure noise levels are within code.
Tenant Improvement Plans
The applicant anticipates submittal of additional tenant improvement plans
on December 1, 2015.
The applicant has made substantial progress in satisfying the requirements prior
to the December 1 deadline as identified in the timeline provided by staff
(Attachment 1). The submitted plans are currently under review by staff.
Submission of the tenant improvement plans by December 1 will make the
January 15 milestone for building permit issuance feasible. The applicant has been
advised to coordinate with the Police and Fire Departments on public and fire
safety plans to satisfy the February 29 milestone for plan approval. The applicant
is under contract with American Medical Response for stand-by emergency
medical services.
Attachment: 1. Coachella Valley Wind Up approval requirements and
timeframe
180
Sept
29
Preliminary
meeting
held
between
Martin
Dolemo
and City
staff
Oct
9
Tickets
for
event
on sale
Oct 13
Martin
Dolemo
submits
TUP
application
Oct 20
Letter sent
to Mr.
Dolemo
identifying
missing
plans
Dec 1
Deadline to
submit Site Plan,
Parking Plan,
Traffic Control
Plan, Tenant
Improvment Plans,
Noise Control Plan,
Trash Reduction
Plan, Operations
Plan. Site Plan and
Grading Plans shall
also be submitted
for any remote
temporary parking
area.
Jan 5
4-5
week
review
process
for
grading
and PM
10 plans
for
temp.
remote
parking
Jan 15
Obtain
Building
Permit
Feb 29
Approved
Public
Safety Plan
and
staffing
deposit
required
by Police
March
1
Provide
$25,000
deposit to
the City
of La
Quinta
April
1-7
Final Bldg.
Inspections ,
Certificate
of
Occupancy,
Issuance of
TUP
April
14,
21,
28
CV
Wind
Up
2015 2016
*Fire Department
time frames to be
determined when
plans are submitted
to the Building
Division
ATTACHMENT 1
A
T
T
A
C
H
M
E
N
T
2
181
182
La Quinta Public Library Quarterly Report
July 2015 – September 2015
Circulation:
The Library circulated 49,167 items in the First Quarter of 2015-2016. This is an
average of 103 items checked out every hour that the Library was open. The numbers
were higher for this summer due in part to the summer reading program and the
anticipation of the Library being closed for renovation all of September. Circulation
numbers for September stem from La Quinta materials checked out at other locations.
2010 2011 2012 2014 2015 2015
July 33,072 39,108 33,104 35,551 26,939 28,277
August 26,645 36,015 38,155 29,937 19,461 21,787
September 29,786 37,757 35,062 27,790 18,127 1,441
Door Count:
This quarter 34,896 people visited the Library to check out materials, read newspapers
and magazines, utilize Internet services, attend programs and purchase books from
the Friends of the Library Book Store. The library was closed all of September.
2010 2011 2012 2014 2015 2015
July 19,511 16,636 19,740 17,881 15,665 19,916
August 18,368 17,742 19,396 16,339 14,558 14,980
September 19,844 18,788 19,218 17,256 14,041 0
New Borrowers:
The Library registered 416 new borrowers during the First Quarter of 2015-2016. La
Quinta had 34,110 registered borrowers as of September 30, 2015. A Library card is
good for three years and is purged after four if there are no fees attached. A card with
fees stays until the record is cleared.
Library Catalog:
The Riverside County Library System’s catalog (PAC) was accessed by 11,225 La Quinta
borrowers, who checked their account information, utilized databases and acquired
other types of information. In addition, 2,788 items were placed on hold to be picked
up at a later date, and 41 patrons registered for a library card online.
e-Books:
Digitalized books are available for download from OverDrive through the Riverside
County Library System website. In the First Quarter 2014-2015, the amount of e-books
checked out was 11,299. For the First Quarter 2015-2016 it was 9,920. The decrease is
attributed to expired e-book licenses which have created a limited selection.
DEPARTMENT REPORT: 5
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Public Computer Usage:
Public computers are used by all ages and provide and important connection for
tourist and short-term visitors to keep in touch with work, family, or to check travel
arrangements. During this quarter, 3,798 computer sessions were logged on the
Library’s 28 public access computers. This is a decrease from the First Quarter of 2014-
2015 (9,080 computer sessions), mainly linked to the Library’s closure for renovation.
Monthly Programs:
The Library offered some programming in August once it was determined that it
would be closed for September.
The three book clubs had meetings during First Quarter: Tweens met 4 times, with 29
attending; the teens met twice and had 7 attend total; and the adults’ book club met
twice, with 10 attending.
One pre-beginning computer class (three weekly consecutive sessions on Monday) for
adults with no previous computer experience was held in the First Quarter. Each
session teaches a different topic: basic computers, Internet and how to copy and
paste into a Microsoft Word document. All three were held at the La Quinta Wellness
Center Computer Lab, next door to the library.
Other Programs:
Three movies were shown during the First Quarter: “The Incredibles”, “Happy Feet”
and “Ferris Bueller’s Day Off”. A total of 24 people attended.
During the First Quarter, the Library completed the Summer Reading Program,
“Reading to the Rhythm”. There were 175 that signed up for the reading program in
July. For the Tuesday program, there were 390 people who attended. During the
Wednesday program, “Teen Pulse”, there were 106 who attended 5 programs. The
Thursdays at three featured performers and had 726 people attend 4 programs. A
total of 51 children, tweens and teens read for the California State’s 5 Book Challenge.
There were 2 “Family Game Nights” held during August with a total of 24 people
attending.
Library staff held one “Pajama Storytime” during this Quarter with 10 people
attending.
Volunteers:
During this quarter, 44 volunteers donated 412 hours of their time. Volunteers shelved
returned books in the Library, helped with programs, and performed a myriad of other
tasks.
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Friends of the Library:
The La Quinta Friends of the Library continue to offer support in all areas including
volunteering during large programs. The Friends provided funds for all special
programs and reading incentives for this year’s Summer Reading Program. They also
help by volunteering time and effort in the Book Sale room. For the First Quarter 2015-
2016, the Friends volunteers logged 120.5 hours.
Outreach:
Library staff visited 4 schools during the month of September for outreach, “Back-to-
School” nights and presentations: John Adams, La Quinta High School, Xavier
Preparatory High School and John Glenn Middle School. Staff discussed future
programs, possible outreach, book clubs, and future collaborations with the school
librarian.
The Foster Care Association meeting in July was attended by Library staff to discuss
possible collaboration in the future.
The La Quinta City Council meeting was attended by both La Quinta Library and La
Quinta Museum staff. They were witness to the ratification of the 5 year LSSI contract.
Library staff also took note of the C.E.R.T presentation for a possible collaboration.
Library staff attended the Certified Farmer’s Market meeting in September with their
administration to discuss possible themed programs, special readers and other
collaborative ideas.
There were 6 meetings with Palm Springs Comic-Con this quarter to discuss the future
program, ReaderCON in October.
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La Quinta Museum Quarterly Report
July-September 2015
Visitors
1810 people visited the museum this quarter, including 612 children.
Exhibits/Openings
“Penguins and Puffins” continued through August 15, 2015.
“Lights, Lasers, Action!” opened on August 18, 2015. It was on view through October
15, 2015. There was a new Junior Historian passport, certificate and badge introduced
with this exhibit.
“Iconic Light” and “Poetry in Space” were shown through October 15, 2015.
The first floor gallery was refreshed to include an updated Casita exhibit and an
exhibit on date farming. The Cahuilla Indian history wall and native animal dioramas
as well as displays on the La Quinta Hotel and the Desert Club remain.
Programming
STEM/STEAM Summer Camp 2015 ran through July. The Museum offered Tuesday
sessions (STEM – Science, Technology, Engineering, Math) and Wednesday sessions
(STEAM – Science, Technology, Engineering, Art, Math). The camp was open to
children from ages 7-12. The Coachella Valley Chess Club and SCRAP Gallery were
partners in the summer camp.
Each session was attended by 15-30 children. The sno-cone truck returned for the
final meeting of summer camp.
In July the Museum launched the La Quinta Museum Coloring Club for Adults. The
club met every Friday from 1:00-3:00pm throughout the summer. The Museum
provided basic supplies and coloring pages. The initial meeting was attended by just
12 members, but by the end of the quarter there were 40+ attending each week.
Due to 4th of July holiday, there was no First Friday event. In August, the Living Desert
brought “Wildlife on Wheels” to the Museum for First Friday.
Welcoming September, the Refills performed for First Friday. There was dancing in the
Museum courtyard and the galleries remained open for viewing.
Three 5th grade classes from Benjamin Franklin visited the Museum in September. All
were awarded Junior Historian certificates and glo-bracelets after their tours.
The Museum partnered with the La Quinta Library to hold the 1st “Observe the Moon”
event. There were telescopes, science projects, virtual star gazing and crafts from S.C.
R. A. P. Gallery. In addition, Chinese Moon Festival was celebrated that evening with
fortune cookies and moon cakes.
Closing out the quarter, the La Quinta Museum hosted a “Let’s Connect” Luncheon for
the cultural organizations in the Coachella Valley. It was an opportunity for our
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friends of museums and historical societies to network and share promotional
materials. It was well attended and will be repeated next year.
The Museum also continued monthly programs, Brown Bag TED Talks and Senior
Moments. There were also special days celebrated such as “National Root Beer Float
Day” with free root beer floats to our guests as well as “National Creamsicle Day” in
August with creamsicles for all.
Preschool Story Time for children ages 3-5, was held the first Wednesday of each
month. The 3-sessions were attended by a total of 43 children and their caretakers.
Gift Shop
Total gift shop sales this quarter were $1740.
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