2016 01 19 CC
CITY COUNCIL AGENDA 1
JANUARY 19, 2016
CITY COUNCIL
AGENDA
CITY HALL COUNCIL CHAMBERS
78-495 Calle Tampico, La Quinta
REGULAR MEETING ON TUESDAY, JANUARY 19, 2016 AT 4:00 P.M.
CALL TO ORDER
ROLL CALL: Councilmembers: Franklin, Osborne, Peña, Radi, Mayor Evans
CONFIRMATION OF AGENDA
CLOSED SESSION - NONE
PLEDGE OF ALLEGIANCE
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. PRESENTATION OF TEEN COMMUNITY EMERGENCY RESPONSE TEAM (CERT)
GRADUATION CERTIFICATES
CONSENT CALENDAR
NOTE: Consent Calendar items are routine in nature and can be approved by one motion.
PAGE
1. APPROVE MINUTES OF DECEMBER 15, 2015
7
City Council agendas and staff reports
are now available on the City’s web
page: www.la-quinta.org
CITY COUNCIL AGENDA 2
JANUARY 19, 2016
PAGE
2. APPROVE DEMAND REGISTERS DATED DECEMBER 11, 18, 30, 2015
AND JANUARY 8, 2016
17
3. SECOND READING AND ADOPTION OF ORDINANCE NO. 532 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
49
4. APPROVE OVERNIGHT TRAVEL FOR DEPUTY CITY CLERK TO ATTEND
QUARTERLY LEAGUE OF CALIFORNIA CITIES ADMINISTRATIVE
SERVICES POLICY COMMITTEE MEETING ON JANUARY 21, 2016, IN
SACRAMENTO, CALIFORNIA
61
5. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORTS DATED
OCTOBER 31, 2015, AND NOVEMBER 30, 2015
63
6. ACCEPT AVENUE 52 AT JEFFERSON STREET ROUNDABOUT SIGNING
AND STRIPING IMPROVEMENTS
75
7. ADOPT RESOLUTION GRANTING CONDITIONAL APPROVAL OF FINAL
TRACT MAP AND SUBDIVISION IMPROVEMENT AGREEMENTS
ASSOCIATED WITH THE ESTATE COLLECTION AT CORAL MOUNTAIN
DEVELOPMENT (TRACT MAP NO. 32201) [RESOLUTION 2016-001]
79
8. ADOPT RESOLUTION GRANTING CONDITIONAL APPROVAL OF FINAL
TRACT MAP AND SUBDIVISION IMPROVEMENT AGREEMENTS
ASSOCIATED WITH THE WATERMARK DEVELOPMENT (TRACT MAP
NO. 36762) [RESOLUTION 2016-002]
107
9. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH VACATION
RENTAL COMPLIANCE, LLC FOR SHORT TERM VACATION RENTAL
CONSULTING SERVICES
139
10. APPROVE REIMBURSEMENT AGREEMENT WITH ND LA QUINTA
PARTNERS, LLC FOR STREET IMPROVEMENTS ON MADISON STREET
ASSOCIATED WITH THE HIDEAWAY DEVELOPMENT (TRACT MAP NO.
29894)
169
11. ACCEPT MONROE STREET PAVEMENT REHABILITATION
IMPROVEMENTS
185
CITY COUNCIL AGENDA 3
JANUARY 19, 2016
PAGE
12. APPROVE REIMBURSEMENT AGREEMENT WITH EAST OF MADISON,
LLC FOR STREET AND RAISED MEDIAN IMPROVEMENTS ON MADISON
STREET AND STREET IMPROVEMENTS ON AVENUE 54 ASSOCIATED
WITH MADISON CLUB DEVELOPMENT (TRACT MAP NO. 33076-1)
191
13. APPROVE PLANS, SPECIFICATIONS, AND ENGINEER’S ESTIMATE AND
ADVERTISE THE LA QUINTA PARK RESTROOM PROJECT FOR BID
207
BUSINESS SESSION
1. UPDATE ON SILVERROCK RESORT DEVELOPMENT AND APPROVAL OF
THE GOLF COURSE REALIGNMENT AT SILVERROCK RESORT
211
2. CITY REORGANIZATION PLAN 217
STUDY SESSION
1. ADVISORY COMMITTEE REPORT AND RECOMMENDATIONS 287
PUBLIC HEARINGS - 5:00 PM
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 TO APPROVE AN AGREEMENT WITH RIVERSIDE
COUNTY FOR ANIMAL SHELTER, FIELD AND LICENSING SERVICES;
SUSPEND RESOLUTION NO. 99-150; AND ADOPT RIVERSIDE
COUNTY’S SCHEDULE OF FEES FOR ANIMAL IMPOUNDS AND
LICENSING FOR THE TERM OF THE AGREEMENT [RESOLUTION 2016-003]
363
2. INTRODUCE AN ORDINANCE AMENDING THE EXISTING
DEVELOPMENT AGREEMENT WITH RREF II-CWC LAQ, LLC. FOR THE
SIGNATURE PROJECT SITE TO REMOVE TWO PARCELS (LOTS 97 AND
T) FROM THE TERMS OF THE AGREEMENT; AND FIND THE
PROJECT EXEMPT FROM FURTHER REVIEW PURUSANT TO SECTIONS
15182 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
[ORDINANCE NO. 533]
441
CITY COUNCIL AGENDA 4
JANUARY 19, 2016
DEPARTMENTAL REPORTS PAGE
1. CITY MANAGER
A. CANNABIS AD-HOC COMMITTEE UPDATE 461
B. UPDATE ON ENERGY AUDIT - CALIFORNIA ENERGY COMMISSION 463
2. CITY CLERK - UPCOMING EVENTS AND CITY COUNCIL CALENDAR 467
3. COMMUNITY SERVICES DEPARTMENT
A. MONTHLY REPORT - DECEMBER 2015 471
B. QUARTERLY MARKETING REPORT 477
C. LA QUINTA RESORT AND CLUB MARKETING PARTNERSHIP
REQUEST
477.1
4. COMMUNITY DEVELOPMENT DEPARTMENT
A. MONTHLY REPORT – DECEMBER 2015 483
B. SAXONY WIND UP EVENT UPDATE 487
5. PUBLIC WORKS DEPARTMENT MONTHLY REPORT 505
6. FIRE DEPARTMENT QUARTERLY REPORT 511
7. POLICE DEPARTMENT QUARTERLY REPORT 519
MAYOR’S AND COUNCIL MEMBER’S ITEMS
REPORTS AND INFORMATIONAL ITEMS
1. CVAG COACHELLA VALLEY CONSERVATION COMMISSION (Evans)
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. AD HOC COMMITTEE TO EVALUATE CITY CANNABIS OPTIONS (Franklin & Peña)
13. CVAG PUBLIC SAFETY COMMITTEE (Osborne)
14. DESERT SANDS SCHOOL DISTRICT COMMITTEE (Osborne & Franklin)
15. IID ENERGY CONSUMERS’ ADVISORY COMMITTEE (Osborne)
16. EAST VALLEY COALITION (Osborne)
17. ANIMAL CAMPUS COMMISSION (Peña)
18. CHAMBER OF COMMERCE INFO EXCHANGE COMMITTEE (Peña)
19. CVAG VALLEY-WIDE HOMELESSNESS COMMITTEE (Peña)
20. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) (Radi)
21. CVAG TRANSPORTATION COMMITTEE (Radi)
22. COACHELLA VALLEY UNIFIED SCHOOL DISTRICT COMMITTEE (Franklin & Radi)
CITY COUNCIL AGENDA 5
JANUARY 19, 2016
PAGE
23. PALM SPRINGS AIRPORT COMMISSION REPORT 536
24. COMMUNITY SERVICES COMMISSION MINUTES DATED NOVEMBER 9,
2015
538
25. PLANNING COMMISSION MINUTES DATED OCTOBER 13, 2015 540
26. HISTORIC PRESERVATION COMMISSION MINUTES DATED SEPTEMBER
10, 2015
544
27. ARCHITECTURE AND LANDSCAPING REVIEW BOARD MINUTES DATED
OCTOBER 7, 2015
547
ADJOURNMENT
*********************************
The next regular meeting of the City Council will be held on February 2, 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 January 15, 2016.
DATED: January 15, 2016
SUSAN MAYSELS, City Clerk
City of La Quinta, California
Public Notices
The La Quinta City Council Chamber is handicapped accessible. If special equipment is
needed for the hearing impaired, please call the City Clerk’s office at 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.
CITY COUNCIL AGENDA 6
JANUARY 19, 2016
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 MINUTES 1
DECEMBER 15, 2015
7
CITY COUNCIL MINUTES 2
DECEMBER 15, 2015
8
CITY COUNCIL MINUTES 3
DECEMBER 15, 2015
9
CITY COUNCIL MINUTES 4
DECEMBER 15, 2015
10
CITY COUNCIL MINUTES 5
DECEMBER 15, 2015
11
CITY COUNCIL MINUTES 6
DECEMBER 15, 2015
12
CITY COUNCIL MINUTES 7
DECEMBER 15, 2015
13
CITY COUNCIL MINUTES 8
DECEMBER 15, 2015
14
CITY COUNCIL MINUTES 9
DECEMBER 15, 2015
15
CITY COUNCIL MINUTES 10
DECEMBER 15, 2015
16
City of La Quinta
CITY COUNCIL MEETING: January 19, 2016
STAFF REPORT
AGENDA TITLE: APPROVE DEMAND REGISTERS DATED DECEMBER 11, 18, 30, 2015, AND
JANUARY 8, 2016
RECOMMEDATION
Approve demand registers dated December 11, 18, 30, 2015, and January 8, 2016.
EXECUTIVE SUMMARY None.
FISCAL IMPACT
Demand of Cash:
-- City $ 6,486,437.10
-- Successor Agency of RDA $ 11,454.00
-- Housing Authority $ 8,737.03
-- Housing Authority Commission $ 250.00
$ 6,506,878.13
BACKGROUND/ANALYSIS
Between City Council meetings, routine bills and payroll must be paid. Attachment 1
details the weekly demand registers from December 5, 2015 through January 8, 2016.
Warrants Issued:
109300 - 109396} $ 1,123,985.10
109397 - 109497} $ 3,260,776.06
109498 - 109549} $ 696,909.63
109550 - 109631} $ 117,259.38
Voids} $ (0.00)
Wire Transfers} $ 802,435.39
P/R Checks No. 37074 - 37104 and Direct Deposit} $ 402,249.79
Payroll Tax Transfers} $ 103,262.78
$ 6,506,878.13
The most significant expenditures on the demand registers listed above are as follows:
Vendor: Account Name: Amount: Purpose:
Riverside Co. Sheriff Various $3,648,635.77 Jul-Oct Police Svc.
Costco Other Operating $ 74,710.66 3rd Qtr. Sales Tax
Economic Dev. Agency Membership Dues $ 43,750.00 Oct-Dec Museum Mgmt.
Golden Valley Construction Construction $ 107,249.16 Library Anniversary
Granite Construction Construction $ 396,147.63 Pavement Program
CONSENT CALENDAR ITEM NO.
17
Rutan & Tucker Various $ 93,063.15 Oct-Nov Legal Fees
Wire Transfers: Thirteen wire transfers totaled $802,435.39. Of this amount,
$506,713.79 was to Landmark for golf course management; $179,499.04 to CalPERS for
health insurance premiums and $105,816.23 to CalPERS for retirement costs (see
Attachment 2 for a full listing).
ALTERNATIVES
Council may approve, partially approve, or reject the demand registers.
Prepared by: Sandra Mancilla, Account Technician
Approved by: Rita Conrad, Finance Director
Attachments: 1. Demand Registers
2. Wire Transfers
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City of La Quinta
CITY COUNCIL MEETING: January 19, 2016
STAFF REPORT
AGENDA TITLE: SECOND READING AND ADOPTION OF ORDINANCE NO. 532 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
Adopt Ordinance No. 532 on second reading, and make a finding of exemption under the
California Environmental Quality Act.
EXECUTIVE SUMMARY
• At the December 15, 2015 Council meeting, Council approved a motion to take up
and introduce Ordinance No. 532 on first reading, which will add Chapter 5.90 to
the La Quinta Municipal Code relating to the prohibition of cannabis related uses
and commercial cannabis activities.
• By law, a second reading of an ordinance must occur, followed by adoption and a
30-day posting period, before an ordinance may take effect.
FISCAL IMPACT – None.
BACKGROUND/ANALYSIS
The Medical Marijuana Regulation and Safety Act (MMRSA) directs state agencies to adopt
regulations relating to commercial marijuana to establish minimum statewide standards;
cities retain the ability to enact and enforce additional (and potentially stricter)
standards.
The City currently bans medical marijuana dispensaries; however, the ordinance is silent
regarding cultivation. Per the MMRSA, if a local agency does not have an ordinance
regulating or prohibiting marijuana cultivation by March 1, 2016, the state will become
the sole licensing authority for all cultivation permits. Additionally, “mobile dispensaries”
or medical marijuana deliveries are allowed unless a city explicitly prohibits this by local
ordinance.
The City Council introduced Ordinance No. 532 on December 15, 2015, that will prohibit
all commercial cannabis activities and other cannabis-related uses, and included
language that allows the City Council to revisit the ban in the future.
ALTERNATIVES
As Council approved this ordinance at first reading, staff does not recommend an
alternative.
Prepared by: Monika Radeva, Executive Assistant
Approved by: Susan Maysels, City Clerk
CONSENT CALENDAR ITEM NO.
49
50
ORDINANCE NO. 532
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 cannabis 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 [cannabis] for non-medical
purposes;” and
WHEREAS, the ballot arguments supporting Proposition 215 expressly
acknowledged that “Proposition 215 does not allow unlimited quantities of [cannabis]
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
cannabis 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
[cannabis] 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 cannabis 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
51
Ordinance No. 532
Addition of Chapter 5.90 to Title 5 – Business Regulations
Adopted: January 19, 2016
Page 2 of 9
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 [cannabis]…” and thus confirmed the ability of a local governmental entity to
prohibit the cultivation of cannabis under its land use authority; and
WHEREAS, the Federal Controlled Substances Act (21 U.S.C. § 801 et seq.)
classifies cannabis (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 cannabis (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 cannabis use for medical purposes
from implementing those states’ medical cannabis 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
cannabis 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 cannabis 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
cannabis 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, cannabis
cultivation or other concentration of cannabis in any location or premises without
52
Ordinance No. 532
Addition of Chapter 5.90 to Title 5 – Business Regulations
Adopted: January 19, 2016
Page 3 of 9
adequate security increases the risk that surrounding homes or businesses may be
negatively impacted by nuisance activity such as loitering or crime; and
WHEREAS, the City Council finds that medical cannabis activities, as well as
cultivation for personal medical use as allowed by the CUA and MMPA can adversely
affect the safety and well-being of City residents if such activities are either
unregulated or not properly regulated; and
WHEREAS, the City Council finds that Citywide prohibition is proper and
necessary at this point in time to avoid the risks of criminal activity, impacts on 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 cannabis 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 cannabis activities; and
WHEREAS, Section 9.20.050 of the La Quinta Municipal Code currently bans
medical cannabis dispensaries in all zones, and defines “medical marijuana
dispensary” as a “facility or location which provides, makes available or distributes
medical marijuana [cannabis] 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 cannabis 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 cannabis 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 cannabis related uses.
53
Ordinance No. 532
Addition of Chapter 5.90 to Title 5 – Business Regulations
Adopted: January 19, 2016
Page 4 of 9
NOW, THEREFORE, the City Council of the City of La Quinta does ordain as
follows:
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 19th day of January, 2016, by the following vote:
54
Ordinance No. 532
Addition of Chapter 5.90 to Title 5 – Business Regulations
Adopted: January 19, 2016
Page 5 of 9
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
55
56
Ordinance No. 532
Addition of Chapter 5.90 to Title 5 – Business Regulations
Adopted: January 19, 2016
Page 6 of 9
EXHIBIT A
Chapter 5.90
CANNABIS RELATED USES, COMMERCIAL CANNABIS ACTIVITIES,
DELIVERIES, AND CULTIVATION PROHIBITED
5.90.010 Definitions
“Cannabis” shall means all parts of the plant Cannabis sativa Linnaeus, Cannabis
indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin,
whether crude or purified, extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin.
“Cannabis” also means the separated resin, whether crude or purified, obtained from
marijuana. “Cannabis” also means “marijuana” as defined by Section 11018 of the
California Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972.
The term “Cannabis” shall also have the same meaning as set forth in
Section 19300.5(f) of the California Business and Professions Code, as may be
amended from time to time. “Cannabis” does not include the mature stalks of the
plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any
other compound, manufacture, salt, derivative, mixture, or preparation of the mature
stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of
the plant which is incapable of germination. For the purpose of this chapter,
“cannabis” does not mean “industrial hemp” as defined by Section 81000 of the
California Food and Agricultural Code or Section 11018.5 of the California Health and
Safety Code.
“Caregiver” or “Primary Caregiver” shall have the same meaning as set forth in
Section 11362.7 of the California Health and Safety Code, as may be amended from
time to time.
“Commercial Cannabis Activity” shall have the same meaning as set forth in
Section 19300.5(k) of the California Business and Professions Code, as may be
amended from time to time.
“Cooperative” shall mean two or more persons collectively or cooperatively
cultivating, using, transporting, possessing, administering, delivering, or making
available Cannabis, with or without cultivation.
“Cultivation” or “Cultivate” shall have the same meaning as set forth in
Section 19300.5(l) of the California Business and Professions Code, as may be
amended from time to time.
“Delivery” shall have the same meaning as set forth in Section 19300.5(m) of the
California Business and Professions Code, as may be amended from time to time.
“Dispensary” shall have the same meaning set forth in Section 19300.5(n) of the
California Business and Professions Code, as may be amended from time to time. For
57
Ordinance No. 532
Addition of Chapter 5.90 to Title 5 – Business Regulations
Adopted: January 19, 2016
Page 7 of 9
purposes of this Chapter, Dispensary shall also include a Cooperative. Dispensary shall
not include the following uses: (1) a clinic licensed pursuant to Chapter 1 of Division 2
of the California Health and Safety Code; (2) a health care facility licensed pursuant to
Chapter 2 of Division 2 of the California Health and Safety Code; (3) a residential care
facility for persons with chronic life threatening illnesses licensed pursuant to Chapter
3.01 of Division 2 of the California Health and Safety Code; (4) a residential care facility
for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the California Health
and Safety Code; (5) a residential hospice or home health agency licensed pursuant to
Chapter 8 of Division 2 of the California Health and Safety Code.
“Medical Cannabis” or “Cannabis” shall have the same meaning as set forth in
Section 19300.5(ag) of the California Business and Professions Code, as may be
amended from time to time.
“Medical Marijuana Regulation and Safety Act” or “MMRSA” shall mean and refer to
the following three bills signed into law on October 9, 2015, as the same may be
amended from time to time: AB 243, AB 266, SB 643.
“Qualifying Patient” or “Qualified Patient” shall have the same meaning as set forth in
Section 11362.7 of the California Health and Safety Code, as may be amended from
time to time.
5.90.020 Prohibitions.
A. Cannabis Related Uses. All Cannabis related uses, including but not limited to
Cooperatives, Cultivation, Deliveries, Dispensaries, and other Commercial Cannabis
Activities for which a State license is required under the MMRSA, are prohibited
throughout the city. The city shall not issue any permit, or process any license or
other entitlement for any Cannabis related use or any other activity for which a State
license is required under the MMRSA. No person shall establish, operate, conduct,
permit or allow any Cannabis related use anywhere within the city as prohibited under
this paragraph.
B. Commercial Cannabis Activities. All Commercial Cannabis Activities, including but
not limited to Cooperatives, Cultivation, Deliveries, and Dispensaries, are expressly
prohibited throughout the city regardless of whether or not the Commercial Cannabis
Activity is for Medical Cannabis or Cannabis used for medicinal purposes. The city shall
not issue any permit, or process any license or other entitlement for any Commercial
Cannabis Activity. No person shall establish, operate, conduct, permit or allow a
Commercial Cannabis Activity anywhere within the city.
C. Cannabis Deliveries. All Deliveries of Cannabis and Medical Cannabis are expressly
prohibited in the city. No person shall conduct any Deliveries of Cannabis or Medical
Cannabis that either originate or terminate at any location within the city.
D. Cannabis Cultivation. The Cultivation of Cannabis, regardless of whether for
commercial or non-commercial purposes, and including Cultivation by a Qualified
Patient or Primary Caregiver is expressly prohibited throughout the city. No person,
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Ordinance No. 532
Addition of Chapter 5.90 to Title 5 – Business Regulations
Adopted: January 19, 2016
Page 8 of 9
including but not limited to a Qualified Patient or Primary Caregiver, shall cultivate any
amount of Cannabis in the city, regardless of whether or not the Cannabis is intended
to be used for medical purposes.
5.90.030 Public Nuisance
Any use or condition caused, or permitted to exist, in violation of any provision of this
chapter shall be, and is hereby declared to be, a public nuisance and may be
summarily abated by the city pursuant to Section 731 of the California Code of Civil
Procedure or any other remedy available at law.
5.90.040 Civil Penalties
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. In any civil action that is brought
pursuant to this chapter, a court of competent jurisdiction may award civil penalties
and costs to the prevailing party.
5.90.050 Provisions in Chapter Cumulative
The prohibitions and provisions in this chapter are cumulative to any and all other
prohibitions and regulations in the La Quinta Municipal Code concerning Cannabis,
Medical Cannabis, and cannabis in general, and nothing in this chapter supersedes or
shall be construed to conflict with any other prohibitions and regulations in the La
Quinta Municipal Code, including Section 9.20.050, as may be amended from time to
time.
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Ordinance No. 532
Addition of Chapter 5.90 to Title 5 – Business Regulations
Adopted: January 19, 2016
Page 9 of 9
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. 532, which was
introduced at a regular meeting on the 15th day of December, 2015, and was adopted
at a regular meeting held on the 19th day of January, 2016, 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 January ___, 2016, pursuant to Council
Resolution.
_________________________________
SUSAN MAYSELS, City Clerk
City of La Quinta, California
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City of La Quinta
CITY COUNCIL MEETING: January 19, 2016
STAFF REPORT
AGENDA TITLE: APPROVE OVERNIGHT TRAVEL FOR DEPUTY CITY CLERK TO ATTEND
QUARTERLY LEAGUE OF CALIFORNIA CITIES ADMINISTRATIVE SERVICES POLICY
COMMITTEE MEETING ON JANUARY 21, 2016, IN SACRAMENTO, CALIFORNIA
RECOMMENDATION
Approve overnight travel for the Deputy City Clerk to attend the quarterly League of
California Cities Administrative Services Policy Committee Meeting on January 21 , 2016,
in Sacramento, California.
EXECUTIVE SUMMARY
As part of the City Clerk’s mentoring program, the Deputy City Clerk was
recommended and accepted by the Riverside Division to serve on the League of
California Cities’ (League) Administrative Policy Committee (Committee).
The Committee reviews bills or regulatory proposals on issues for which the
League does not have existing policy. Committee actions or positions are
transmitted to the League’s Board of Directors as recommendations for formal
League positions.
FISCAL IMPACT
Estimated expenses are $593, which includes travel, lodging, and meals. Funds are
available in the City Clerk Department’s 2015/16 travel and training budget.
BACKGROUND/ANALYSIS
The League is an association of California city officials who work together to enhance
their knowledge and skills, exchange information, and combine resources to influence
State and Federal policy decisions that affect cities.
The League’s quarterly committee meetings provide an opportunity for local leaders to
learn from leading expects as well as their peers. The committee process is the League’s
means of effectively engaging in the legislative process, and requires all members to be
actively engaged. Attendees receive updates on new legislation and court rulings
affecting cities and make recommendations to the League Board of Directors for formal
League positions on bills.
ALTERNATIVES
As it is important that the City and the Riverside Division have representation and input
on upcoming legislation, and funds have budgeted, staff does not recommend an
alternative.
Prepared by: Monika Radeva, Executive Assistant
Approved by: Susan Maysels, City Clerk
CONSENT CALENDAR ITEM NO.
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City of La Quinta
CITY COUNCIL MEETING: January 19, 2016
STAFF REPORT
AGENDA TITLE: RECEIVE AND FILE REVENUE AND EXPENDITURE REPORTS DATED
OCTOBER 31, 2015, AND NOVEMBER 30, 2015
RECOMMENDATION
Receive and file revenue and expenditure reports date October 31, 2015, and November
30, 2015.
EXECUTIVE SUMMARY
Revenue and expenditure reports are submitted monthly for City Council review.
The reports summarize -to-date (YTD) revenues and expenditures for
October 2015 (Attachment 1) and November 2015 (Attachment 2).
FISCAL IMPACT None.
BACKGROUND/ANALYSIS
Revenues
Below is a summary of the column headers used on the Revenue Summary Report All
Funds:
Original Total Budget represents the revenue budget the Council adopted in June
2015 for Fiscal Year (FY) 2015/16.
Current Total Budget includes original adopted revenue budget, plus carryovers,
from the prior FY and Council-approved budget amendments. The bulk of the
carryovers are related to Capital Improvement Project (CIP) matters. Each year
total CIP projects are budgeted; however, project length may span over multiple
years. Therefore, unfinished projects from the prior year are carried over (along
with associated revenue reimbursements).
Period Activity represents actual revenues received in the reporting month.
Fiscal Activity presents actual revenues collected YTD. For example, the October
report shows revenues collected in October in the Period Activity column, but
revenues collected from the beginning of the fiscal year through the end of the
reporting month for 2015/16 are presented in the Fiscal Activity column.
Variance Favorable/(Unfavorable) represents the difference between YTD
collections and the budgeted amount.
CONSENT CALENDAR ITEM NO.
63
Percent Used represents the percentage of budgeted revenues collected YTD.
The revenue report includes revenues and transfers into funds from other funds (income
items). Unlike expenditures, revenues are not received uniformly throughout the year,
which results in peaks and valleys depending upon large payments that are received
throughout the year. For example, large property tax payments are usually received in
December and May. Similarly, Redevelopment Property Tax Trust Fund payments are
typically received in January and June.
October Revenues
$1.2 million in General Fund revenue was collected in October bringing the total YTD
collections to 8.3 percent ($3.2 million). Total collections for all funds were $1.9 million,
bringing total collections to 7.85 percent ($7.3 million).
The bulk of General Fund payments consisted of:
$291,623 in transient occupancy taxes
$338,100 in sales tax
$119,176 in property tax
$123,023 in charges for services
The largest non-General Fund payment received in October was $111,824 in Measure A
Sales Tax apportionments from the State.
November Revenues
$1.6 million in General Fund revenue was collected in November bringing the total YTD
collections to 12.39 percent ($4.8 million). Total collections for all funds were $2.2
million, bringing total collections to 10.23 percent ($9.5 million).
The bulk of General Fund payments consisted of:
$450,900 in sales tax
$423,564 in transient occupancy taxes
$141,971 in cable franchise fees
$238,587 in CSA 152 (County Service Area 52) assessments
The largest non-General Fund payments received in November were $384,778 in
SilverRock golf course fees.
Expenditures
Below is a summary of the column headers used on the Expenditure Summary Report All
Funds:
Original Total Budget represents the expenditure budget adopted by Council in
June 2015 for FY 2015/16.
Current Total Budget includes the original adopted expenditure budget plus any
carryovers from the prior FY, and any Council approved budget amendments. The
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bulk of the carryovers are related to CIP matters. Each year total CIP projects are
budgeted; however, project length can span over multiple years. Therefore,
unfinished projects from the prior year are carried over (along with associated
revenue reimbursements).
Period Activity represents actual expenditures made in the reporting month.
Fiscal Activity presents actual expenditures made YTD. For example, the October
report shows expenditures made in the Period Activity column (October), but
expenditures made during the fiscal year from July through the end of the
reporting period are presented in the Fiscal Activity column.
Variance Favorable/ (Unfavorable) represents the difference between YTD
expenditures and the budgeted amount (the amount yet to be expended).
Percent Used represents the percentage of budget spent to date.
The expenditure report includes expenditures and transfers out to other funds. Unlike
revenues, expenditures are fairly consistent month to month. However, large debt service
payments or CIP expenditures can cause swings.
October Expenditures
General Fund expenditures in October total $1.4 million (11.88 percent expended); of this
amount, $575,239 is related to monthly personnel costs (salaries, benefits, etc.). In
addition to personnel costs, the other larger General Fund expenditures in October were:
$103,130 to the La Quinta Arts Foundation
$45,298 to Greater Palm Springs Convention & Visitors Bureau
$28,575 to Conserve Landcare for landscape maintenance costs
$26,300 to Lance, Soll, Lunghard for audit costs
Total expenditures for all funds were $4.7 million. The larger non-General Fund
expenditures were:
$578,651 to American Asphalt South for slurry seal
$225,500 to Superior Pavement Markings for Avenue 52/Jefferson roundabout
$275,911 to Golden Valley Construction for the Library remodel
$145,799 to Painting and Décor for Library remodel
November Expenditures
General Fund expenditures in November total $924,908 (13.96 percent expended); of this
amount, $496,930 is related to monthly personnel costs (salaries, benefits, etc.). In
addition to personnel costs, the other larger General Fund expenditures in November
were:
$24,936 to Altum Group for the Village
$20,160 to PSOMAS for contract inspections
$15,990 to Palm Springs Pump for Campus pump repairs
65
Total expenditures for all funds equaled $1.8 million. The larger non-General Fund
expenditures were:
$304,263 to LandMark for contract golf management at SilverRock
$46,787 to New Construction Solutions for ADA improvements
$34,752 to Granite Construction for Adams St. Signal retention
Summary
All funds are generally on target or under budget with regard to expenditures. Revenue
collections appear low due to timing issues discussed in the revenue section above. The
timing imbalance of revenues receipts vs. expenditures is funded from the City s cash flow
reserve.
Prepared by: Rita Conrad, Finance Director
Approved by: Frank J. Spevacek, City Manager
Attachments: 1. Revenue and Expenditure Reports for October 2015
2. Revenue and Expenditure Reports for November 2015
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ATTACHMENT 1
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ATTACHMENT 2
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City of La Quinta
CITY COUNCIL MEETING: January 19, 2016
STAFF REPORT
AGENDA TITLE: ACCEPT AVENUE 52 AT JEFFERSON STREET ROUNDABOUT SIGNING AND
STRIPING IMPROVEMENTS
RECOMMENDATION
Accept the Avenue 52 at Jefferson Street Roundabout Signing and Striping Improvements
Project as 100 percent complete; authorize the City Clerk to file a Notice of Completion
with the Office of the County Recorder; and authorize staff to release the $14,985
retention, thirty-five days after the Notice of Completion is recorded.
EXECUTIVE SUMMARY
In response to safety and operational concerns, the roundabout at Avenue 52 and
Jefferson Street was updated to a modern roundabout design by removing and
revising striping and signage. The work also entailed application of slurry seal
emulsion to improve pavement longevity.
Staff requests Council acceptance of the improvements, which concludes the
contract and allows final payment.
FISCAL IMPACT
The following is the financial accounting for this project:
Award Contract Amount $ 290,361
Contract Change Order Nos. 1 and 2 $ 9,324
Final Contract Amount $ 299,685
Project Budget $ 405,008
Final Contract Amount ($ 299,685)
Design, Professional, & Personnel Costs ($ 49,675)
Inspection, Plans, & Other Misc. Construction Costs ($ 6,138)
Anticipated Funds Remaining*$ 49,510
* All costs to date have been accounted for and no further costs are anticipated
Adequate funding exists to close out the project.
CONSENT CALENDAR ITEM NO.
75
BACKGROUND/ANALYSIS
In response to public concerns and the review of accident reports, the City assessed the
existing signing and striping at the Jefferson Street and Avenue 52 roundabout; this
assessment identified improvements to bring it to current design standards (Attachment
1). The improvements included reducing the lane approaches from double to single on all
four legs, adding approach tapering to reduce entry speed, installing striping to clearly
delineate one lane of traffic within the roundabout, and updating all signage to current
standards.
On June 16, 2015, the Council awarded a contract to Superior Pavement Markings for the
Avenue 52 at Jefferson Street Roundabout Signing and Striping Improvements (Project
No. 2014-02). On August 6, 2015, a Notice to Proceed was issued with a 20 working day
contract completion time from August 10 to September 4, 2015. The project was deemed
substantially complete on September 3, 2105. Per project specifications, no liquidated
damages or early completion incentives are recommended.
Contract Change Order Nos. 1 and 2 were issued for additional striping removals,
upgraded sign posts, as well as a contract quantity adjustment to account for the
difference between the bid quantities and the actual quantities installed, all of which
were covered by the project’s contingency budget. The project’s construction effort is 100
percent complete and is in compliance with the plans and specifications. Staff therefore
recommends acceptance 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 and alternative.
Prepared by: Ed Wimmer, P.E., Principal Engineer
Approved by: Timothy R. Jonasson, P.E., Public Works Director/City Engineer
Attachment: 1. Striping Exhibit
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ATTACHMENT 1
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City of La Quinta
CITY COUNCIL MEETING: January 19, 2016
STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTION GRANTING CONDITIONAL APPROVAL OF FINAL
TRACT MAP AND SUBDIVISION IMPROVEMENT AGREEMENTS ASSOCIATED WITH THE
ESTATE COLLECTION AT CORAL MOUNTAIN DEVELOPMENT (TRACT MAP NO. 32201)
RECOMMENDATION
Adopt a resolution granting conditional approval of Final Tract Map and Subdivision
Improvement Agreements for the Estate Collection at Coral Mountain Development
associated with Tract Map No. 32201; and authorize the City Manager to execute said
agreements.
EXECUTIVE SUMMARY
SC Homes Fund, LLC. (Developer), the developer of the Estate Collection at Coral
Mountain, has requested conditional approval of a Final Tract Map.
This is a ministerial action that occurs when the conditions of development are
satisfied or secured through agreements. Submitting securities for the off-site and
on-site improvements is the only outstanding item. The Developer has 30 days to
complete this item.
The Developer has agreed to complete the conditions of development within the
next 30 days, thus, staff supports the recommended action.
FISCAL IMPACT
None. Securities of sufficient value will be submitted to secure the incomplete
improvements prior to recordation of the Final Tract Map.
BACKGROUND/ANALYSIS
Estate Collection at Coral Mountain is a residential development located at the northwest
corner of Avenue 60 and Madison Street (Attachment 1). The Final Tract Map subdivides
the property into 24 single-family lots. The site was previously rough graded. On-site
street improvements, the perimeter wall, and the retention basin were partially
completed by the previous developer.
The Developer seeks conditional approval of the Final Tract Map (Attachment 2) and
Subdivision Improvement Agreements (Attachment 3). Thereafter, the Developer has 30
days to submit securities for the off-site and on-site improvements. If the Developer fails
to complete this item within 30 days, the map will be rescheduled for Council
consideration only after all items are complete.
CONSENT CALENDAR ITEM NO.
79
ALTERNATIVES
The Council could deny conditional approval and require the Developer to complete all
items; however, this would unnecessarily burden the Developer and delay the project,
thus, not recommended.
Prepared by: Bryan McKinney, P.E., Principal Engineer
Approved by: Timothy R. Jonasson, P.E., Public Works Director/City Engineer
Attachments: 1. Vicinity Map
2. Tract Map 32201
3. Subdivision Improvement Agreements
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RESOLUTION NO. 2016 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, GRANTING CONDITIONAL
APPROVAL OF FINAL TRACT MAP AND SUBDIVISION
IMPROVEMENT AGREEMENTS ASSOCIATED WITH TRACT
MAP NO. 32201 AND AUTHORIZING A TIME EXTENSION
FOR SATISFACTORY COMPLETION OF THE CONDITIONAL
REQUIREMENTS TO VALIDATE THE APPROVAL
WHEREAS, the City Council conducts only two regular meetings per month and
the time interval between these meetings occasionally creates an undue hardship for
business enterprises and individuals seeking approval of subdivision maps; and
WHEREAS, the City Council, as a matter of policy, allows a subdivider to have
City staff present a map for consideration of approval when the requisite items
necessary for a final map approval are nearly, but not completely, finished; thus,
yielding to the subdivider additional production time for preparation of those items;
and
WHEREAS, the subdivider has demonstrated to City staff and the City Council
that it has made sufficient progress with items required for final map approval, and it
is reasonable to expect the subdivider to satisfactorily complete the items, including
City staff review time, within thirty (30) days without adversely impacting other
ongoing work commitments of City staff; and
WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council
broad authority to authorize time extensions regarding final map approval, or
disapproval, upon receiving it for consideration; and
WHEREAS, the City Council relies on City staff to review all required items for
conformance with relevant requirements, and it is therefore appropriate for the City
Council to approve the final map subject to review and confirmation of the required
items by City staff within a reasonable period of time.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta,
California, as follows:
SECTION 1. The Final Tract Map 32201 is conditionally approved provided the
subdivider submits all required item(s) on or before February 18, 2016.
SECTION 2. The City Council’s approval of the final map shall not be considered valid
until the City Engineer has signed the map indicating that it conforms to the tentative
tract map, the Subdivision Map Act, and all ordinances of the City.
SECTION 3. The City Engineer shall withhold his signature from the map until the
subdivider has completed the following requirement and any other requirements not
expressly described here to the City Engineer’s satisfaction:
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Resolution No. 2016-
Tract Map No. 32201
Adopted: January 19, 2016
Page 2
A. Submit securities for the off-site and on-site improvements
SECTION 4. The City Clerk shall withhold affixing the City Seal to the map title page,
along with her attesting signature, until the City Engineer has signed the map.
SECTION 5. The time extension for satisfying the requirements of the conditional
approval for this final map shall expire when City offices close for regular business on
February 18, 2016. If the subdivider has not satisfied the requirements in Section 3,
herein, by the expiration deadline, the final map shall be considered disapproved.
Disapproval does not deny any rights the subdivider may have under the Map Act to
resubmit the final map for approval, or disapproval.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City
Council held on this 19th day of January 2016, 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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V I C I N I T Y M A P
NOT TO SCALE
ATTACHMENT 1
TRACT map no. 32201
Estate collection at coral mountain
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CITY OF LA QUINTA
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT MAP NO. 32201
OFF-SITE IMPROVEMENTS
THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this
____________________________________ day of ___________________________, 20 ___________,
by and between SC Homes Fund, LLC, a Delaware limited liability company, hereinafter referred to as
"Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter
referred to as "City."
RECITALS:
A. Subdivider has prepared and submitted to City for final approval and recordation a final map or Tract
map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is
known as Tract No. 32201 (the "Tract") pursuant to the provisions of Section 66410, et seq. of the
California Government Code (the "Subdivision Map Act"). The Subdivision Map Act and City
ordinances and regulations relating to the filing, approval and recordation of subdivision maps are
sometimes collectively referred to in this Agreement as the “Subdivision Laws.”
B. A tentative map of the Tract has been approved subject to the Subdivision Laws and to the
requirements and conditions contained in City Council Resolution No. 2004-080 (the “Resolution of
Approval”). The Resolution of Approval is on file in the office of the City Clerk and is incorporated into
this Agreement by reference.
C. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and
private improvements (the "Improvements").
D. The Improvements have not been installed and accepted at this time.
E. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the
Improvements as provided in Section 66462 of the Subdivision Map Act. In consideration of approval
of a final map for the Tract by the City Council, Subdivder desires to enter into this Agreement,
whereby Subdivider promises to install and complete, at Subdivider’s own expense, all the public
improvement work required by City in connection with the proposed Tract. Subdivider has secured
this Agreement by improvement security required by the Subdivision Laws and approved by the City.
NOW, THEREFORE, it is agreed by and between the parties hereto as follows:
1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall
furnish complete original improvement plans for the construction, installation and completion of the
Improvements meeting the requirements of the City Engineer. The Improvement Plans for the Tract
shall be maintained on file in the office of the City Engineer and shall be incorporated into this
Agreement by reference. All references in this Agreement to the Improvement Plans shall include
reference to any specifications for the Improvements as approved by the City Engineer.
2. Improvements. Subdivider shall construct the Improvements required to be constructed on the
Improvement Plans or agreed to be constructed under the Resolution of Approval and this Agreement
as more specifically described in Exhibit "A." attached hereto and expressly made a part hereof by
this reference, and shall bear the full cost thereof. The methods, standards, specifications, sequence,
and scheduling of construction shall be as approved by the City Engineer.
3. Improvement Security. Subdivder shall at all times guarantee Subdivider’s performance of this
Agreement by furnishing to City, and maintaining, good and sufficient security as required by the
Subdivision Laws on forms and in the amounts approved by City for the purposes as follows:
A. One class of security to be provided by Subdivider, hereinafter referred to as "performance
security," shall assure the faithful performance of this Agreement including construction of the
Improvements, payment of Subdivider’s fair share of Improvements which have been or will be
constructed by others (“Participatory Improvements”), and payment of plan check and permit
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fees. The performance security shall also include good and sufficient security in the amount of
one hundred percent (100%) of the estimated cost of setting subdivision monuments as stated
hereafter in this Agreement (“Monumentation Security”). A second class of security to be
provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of
the cost of labor, equipment and materials supplied to construct the Improvements. A third class
of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve
as a guarantee and warranty of the Improvements for a period of one year following the
completion and acceptance of the Improvements. Subdivider shall furnish performance and
payment security prior to and as a condition precedent to City Council approval of the Map.
Subdivider shall provide warranty security after Improvements are complete and prior to
acceptance of the Improvements by the City Council. Warranty security shall not be required for
Monumentation or Participatory Improvements. However, the City may utilize Monumentation
Security for performance of or payment for the work in accordance with the Subdivision Map Act.
As part of the obligation secured by each of the performance security, payment security and
warranty security, and in addition to the face amount of each such security, each such security
shall include and assure the payment of costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby
secured.
B. Improvement security shall conform with Section 66499 of the California Government Code and
may be one or more of the following:
1) A cash deposit with City or a responsible escrow agent or trust company, at City's option.
2) Surety bonds, of the form specified in subsection 66499.2 of the California Government
Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570
(latest version).
3) Certificates of deposit, in City's name, from one or more financial institutions subject to
regulation by the state or federal government and having a financial quality rating of "A" or
better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange
(of the Los Angeles County Treasurer's office).
4) Irrevocable letters of credit, in a form acceptable to and approved by the City Attorney, issued
by one or more financial institutions meeting the requirements of Paragraph (3), pledging that
the funds necessary to carry out the completion of the Improvements are on deposit,
guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment
by any creditor of the depositor until released by City. Letters of credit shall guarantee that all
or any portion of the funds available pursuant to the letters of credit will be paid upon the
written demand of City and that such written demand need not present documentation of any
type as a condition of payment, including proof of loss. The duration of any such letter of
credit shall be for a period of not less than one year from the execution of the agreement with
which it is provided and shall state, on its face, that the letter of credit will be automatically
renewed until such time that City authorizes its expiration or until sixty (60) days after City
receives notice from the financial institution of intent to allow expiration of the letter of credit.
5) A lien upon the subdivided property, if City finds that it would not be in the public interest to
require the installation of the Improvements sooner than two (2) years after recordation of the
final map or Tract map for which the Improvements are required. The lien shall provide a
collateral value of three (3) times the estimated cost of the Improvements and shall include
the power of sale of the real property, all buildings and improvements thereon, or that may be
erected upon or made thereto, together with all hereditaments and appurtenances thereunto
belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and
profits thereof. The collateral value of the property shall be established at Subdivider's
expense through an appraisal approved by City.
6) An instrument of credit from an agency of the state, federal or local government, when any
agency of the state, federal, or local government provides at least twenty percent (20%) of
the financing for the Improvements.
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7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind
approved for securing deposits of public moneys with City or in favor of City, as specified in
Section 16430 of the California Government Code, deposited, at City's option, with City or a
responsible escrow agent or trust company.
C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the
performance security shall equal one hundred percent (100%) of the estimated cost of
constructing the Improvements, including payment of plan check and permit fees, as estimated by
the City Engineer or a duly authorized representative of the City Engineer. The amount of
Payment security shall equal the amount of the amount of performance security, except as
otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security
shall equal Ten Percent (10%) of the amount of performance security except as otherwise set
forth in Exhibit A. The securities required by this Agreement shall be kept on file with the City
Clerk. The terms of the security documents specified in this Agreement are incorporated into this
Agreement by this reference. If any security is replaced by another approved security, the
replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been
made a part of and incorporated into this Agreement. Upon filing of a replacement security with
the City Clerk, the former security may be released. The City Engineer shall approve replacement
of security.
D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to
the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract
map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid
separately for each different form and/or source (surety or financial institution) of security initially
submitted and for substitution of securities but shall not be required for submittal of warranty
security if the warranty security is of the same form and from the same source as the
performance security it replaces. Administrative fees for security shall be as follows:
1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and
4) of SECTION 3.B., which require the establishment of evidence of the reliability of the
surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars
($150.00).
2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will
prepare lien agreements and subordination agreements, administer valuation of the real
property and administer the agreements over the life of the lien, all of which require legal
assistance and financial advice, Subdivider shall pay to City an administration fee of One Half
of One Percent (0.5%) of the estimated cost of the improvements secured but not less than
Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00).
3) For other forms of security listed in Section 3 B, above, there will be no administrative fee.
E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory
Improvements shall remain in place until the Participatory Improvements are constructed and
actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost
of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of
Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty
security shall not be required for Participatory Improvements.
Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in
replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit
said cash within 30 days of the date of the written demand from City, City may present a written
demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City
the lesser of: 1) the amount demanded, or 2) the amount of the security.
F. Security shall not expire, be reduced or become wholly or partially invalid for any reason,
including non-payment of premiums, modifications of this Agreement and/or expiration of the time
for performance stated in this Agreement.
G. Security shall be released in the following manner:
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1) Performance security shall be released upon the final completion and acceptance or
approval, by the City Council of the Improvements subject to the provisions of Section 10 of
this Agreement.
2) The City Engineer may authorize partial reduction of performance security as work
progresses, upon application by Subdivider. However, no such reduction shall be for an
amount less than Ten Percent (10%) of the total performance security provided for the faithful
performance of the act or work. In no event shall security be reduced below that required to
guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%).
The City Engineer shall not allow more than two partial reductions of security furnished for
any improvement agreement.
3) Participatory Improvement security shall be released upon payment by Subdivider of
Subdivider's share of the cost or estimated cost of the Participatory Improvements.
4) If City receives no notice of recorded claims of lien, labor and materials security shall be
released in full 90 days after final acceptance and/or approval by the City Council, of the
Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision
Map Act shall apply.
5) No security given for the guarantee or warranty of work shall be released until the expiration
of the warranty period and until any claims filed during the warranty period have been settled.
As provided in paragraph 13 of this Agreement, the warranty period shall not commence until
final acceptance of all the work and improvements by the City pursuant to Paragraph 10.
Warranty security not utilized during the warranty period shall be released one year after final
acceptance or approval by the City Council of all Improvements. However, if at the end of the
one-year warranty period, there are one or more outstanding requests by City for
performance of work or provision of materials under the terms of the warranty, warranty
security shall be retained until the outstanding requests are satisfied or until Subdivider has
made other arrangements satisfactory to the City Engineer.
6) City may retain from any security released an amount sufficient to cover costs and
reasonable expenses and fees, including reasonable attorneys’ fees.
4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits
required for that phase of work and pay all required fees. Work performed under a permit or permits
shall comply with all provisions of the required permits.
5. Off-site Improvements. When the construction of one or more of the Improvements requires or
necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its
best efforts purchase such real property at a reasonable price. In the event that Subdivider is
unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider
may request in writing that City attempt to acquire such real property. City may, but is not required to,
agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and
Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said
separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%)
of the appraised fair market value of the real property. Any unexpended portion of said advance shall
be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be
paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall
the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate
Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the
Conditions of Approval.
6. Completion of Improvements; Inspection.
6.1 Construction of Improvements. Subdivider shall begin construction of the Improvements within
ninety (90) days and shall complete construction within twelve (12) months after the approval of this
Agreement. Portions of the Improvements may be completed at a later date, as determined by the
City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of
the Improvements within the specified time periods shall constitute cause for City, in its sole
discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise
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improvement security requirements as necessary to ensure completion of the improvements, and/or
to require modifications in the standards or sequencing of the Improvements in response to changes
in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise
affect the validity of this agreement or Subdivider's obligations hereunder.
6.2 Inspection. Subdivider shall at all times maintain proper facilities and safe access for inspection
of the public improvements by City and to the shops wherein any work is in preparation. Upon
completion of the work, the Subdivider may request a final inspection by the City Engineer or the City
Engineer’s authorized representative. If the City Engineer or the designated representative
determines that the work has been completed in accordance with this Agreement, then the City
Engineer shall certify the completion of the public improvements to the City Council. No
improvements shall be finally accepted unless all aspects of the work have been inspected and
determined to have been completed in accordance with the Improvement Plans and City standards
and accepted by the City as described in Paragraph 10 of this Agreement. Subdivider shall bear all
costs of plan check, inspection and certification.
7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to
strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected
by such events will be extended by the period of such events.
8. Time Extension. Subdivider may make application in writing to the City Council for an extension of
time for completion of the Improvements. The City Council, in its sole and absolute discretion, may
approve or deny the request or conditionally approve the extension with additions or revisions to the
terms and conditions of this Agreement.
As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance
to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the
securities shall be sufficient to ensure the performance of and payment for Improvements that remain
incomplete at the time of the extension, and to provide warranty security on completed
Improvements.
9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey
monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act
and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that
the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor
setting the monuments, and intersection monument tie-outs for monuments set in public streets.
10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the
Improvements by City, Subdivider shall submit a request for final approval by City. The request shall
be accompanied by any required certifications from Subdivider's engineers or surveyors, approval
letters from other agencies having jurisdiction over and approval authority for improvements required
by this Agreement or the Conditions of Approval, and any required construction quality documentation
not previously submitted.
Upon receipt of said request, the City Engineer or a duly-authorized representative will review the
required documentation and will inspect the Improvements. If the Improvements are determined to
be in accordance with applicable City standards and specifications, and as provided herein,
obligations required by the Conditions set forth in the Resolution of Approval and this Agreement
have been satisfied, and Subdivider has provided revised plans as required in Paragraph 12,
hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council.
11. Injury to Improvements. Until such time as the Improvements are accepted by City in accordance
with Paragraph 10, Subdivider shall be responsible for and bear the risk of loss to any of the
improvements constructed or installed. Until such time as all Improvements required by this
Agreement are fully completed and accepted by City, Subdivider will be responsible for the care,
maintenance of, and any damage to such improvements. City shall not, nor shall any officer or
employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause,
happening or occurring to the work or improvements specified in this Agreement prior to the
completion and acceptance of the work or improvements. All such risks shall be the responsibility of
and are hereby assumed by Subdivider.
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12. Revisions to Plans. When the Improvements have been inspected and approved by the City
Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the
plans depict the actual Improvements constructed. When necessary revisions have been made, each
separate sheet of the plans shall be clearly marked with the words "As-Built," "As-Constructed," or
"Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the
improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to
the City Engineer.
13. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one
(1) year, beginning on the date of final acceptance of the Improvements by the City Council, against
any defective work or labor done, or defective materials furnished, and shall repair or replace such
defective work or materials. If within the warranty period any work or improvement or part of any
work or improvement done,furnished, installed, constructed or caused to be done, furnished, installed
or constructed by Subdivider fails to fulfill any of the requirements of this Agreement or the
improvement plans and specifications referred to herein, Subdivider shall without delay and without
any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or
parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this
requirement, Subdivider hereby authorizes City, at City’s sole option, to perform the work twenty (20)
days after mailing written notice of default to Subdivider and to Subidivider’s Surety, and agrees to
pay the cost of such work by City. Should City determine that an urgency requires repairs or
replacements to be made before Subdivider can be notified, City may, in its sole discretion, make the
necessary repairs or replacement or perform the necessary work and Subdivider shall pay to City the
cost of such repairs
14. Release of Security. City shall retain and release securities in accordance with the provisions of
Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require
Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may
affect the amount of payment security released.
15. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not
been performed, or commenced and diligently pursued, within sixty (60) days after written notice of
default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of
such performance by City including costs of suit and reasonable attorney's fees incurred by City in
enforcing such obligation. In cases of emergency or compelling public interest, as determined by the
City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall
be deemed waived and all other provisions of this Article shall remain in effect.
16. Injury to Public Improvements, Public Property or Public Utility Facilities. Subdivider shall replace or
have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities
facilities and surveying or subdivision monuments which are destroyed or damaged as a result of any
work performed under this Agreement. Subdivider shall bear the entire cost of replacement or repairs
of any and all public or public utility property damaged or destroyed by reason of any work done
under this Agreement, whether such property is owned by the United States or any agency thereof, or
the State of California, or any agency or political subdivision thereof, or by City or any public or
private utility corporation or by any combination of such owners. Any repair or replacement shall be to
the satisfaction, and subject to the approval, of the City Engineer.
17. Indemnification.
a. Neither City nor any and all of its officials, employees and agents (“Indemnified Parties”) shall be
liable for any injury to persons or property occasioned by reason of the acts or omissions of
Subdivider, its agents or employees in the performance of this Agreement. Subdivider further agrees
to protect and hold harmless Indemnified Parties form any and all claims, demands, causes of action,
liability or loss of any sort, including, but not limited to, attorney fees and litigation expenses, because
of, or arising out of, acts or omissions of Subdivider, its agents or employees in the performance of
this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising
out of, in whole or in part, the design of construction of the Improvements. This indemnification and
agreement to hold harmless shall extend to injuries to persons and damages or taking of property
resulting from the design or construction of said subdivision, and the public improvements as
provided herein, and in addition, to adjacent property owners as a consequence of the diversion of
waters from the design or construction of public drainage systems, streets and other public
improvements.
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b. Acceptance by City of the Improvements shall not constitute an assumption by City of any
responsibility for any damage or taking covered by this paragraph. City shall not be responsible for
the design or construction of the subdivision or the improvements pursuant to the approved
Improvement Plans or map, regardless of any negligent action or inaction taken by City in approving
the plans or map, unless the particular improvement design was specifically required by City over
written objection by Subdivider submitted to the City Engineer before approval of the particular
improvement design, which objection indicated that the particular improvement design was
dangerous or defective and suggested an alternative safe and feasible design. Except as may be
provided above, City shall not be liable for any negligence, nonfeasance, misfeasance or
malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in
approving, reviewing or inspecting any work or construction. Nothing contained in this paragraph is
intended to or shall be deemed to limit or waive any protections or immunities afforded by law to City
or any and all of its officials, employees and agents (“Indemnified Parties”), by virtue of city’s approval
of the plan or design of the Improvements, including without limitation the protections and immunities
afforded by Government Code Section 830.6. After acceptance of the improvements, Subdivider shall
remain obligated to eliminate any defect in design or dangerous condition caused by the design or
construction defect; however, Subdivider shall not be responsible for routine maintenance. Provisions
of this paragraph shall remain in full force and effect for ten (10) years following the acceptance by
City of the Improvements. It is the intent of this paragraph that Subdivider shall be responsible for all
liability for design and construction of the Improvements installed or work done pursuant to this
Agreement and that city shall not be liable for any negligence, nonfeasance, misfeasance or
malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in
approving, reviewing or inspecting any work or construction. The Improvement Security shall not be
required to cover the provisions of this paragraph.
18. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any
provision of the Conditions of Approval. In the event that any requirement or condition of this
Agreement is inconsistent with or fails to include one or more provisions of the Conditions of
Approval, which document(s) is (are) incorporated herein by reference, the provisions in the
Conditions of Approval shall remain in effect and shall control.
19. Severability. In the event that a court of competent jurisdiction determines that any provision or
provisions of this Agreement are unenforceable, all provisions not so held shall remain in full force
and effect.
20. Subdivider No Agent of City. Neither Subdivider nor any of Subdivider’s agents, employees, or
contractors are or shall be considered to be agents of City in connection with the performance of
Subdivider’s obligations under this Agreement.
21. General Provisions.
A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent
by registered or certified mail, return receipt requested, to the parties at their respective
addresses indicated hereon. Notices personally delivered shall be effective upon delivery.
Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of
delivery or refusal indicated on the return receipt. Either party may change its address for notices
hereunder by notice to the other given in the manner provided in this subparagraph.
B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the
heirs, executors, administrators, assigns, and successors of the parties hereto.
C. Neither party to this Agreement relies upon any warranty or representation not contained in this
Agreement.
D. This Agreement shall be governed by and interpreted with respect to the laws of the State of
California.
E. In the event of any dispute between the parties with respect to this Agreement, the prevailing
party shall be entitled to prompt payment of its reasonable attorneys' fees from the non-prevailing
party.
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F. Any failure or delay by either party in asserting any of its rights and remedies as to any default
shall not operate as a waiver of any default or of any such rights or remedies provided for
hereunder.
G. Time is of the essence in the performance of each and every provision of this Agreement.
H. The Recitals to this Agreement are hereby incorporated into and expressly made a part of the
terms of this Agreement.
I. This Agreement constitutes the entire agreement of the parties with respect to the subject matter.
All modifications, amendments, or waivers of the terms of this Agreement must be in writing and
signed by the appropriate representatives of the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first
written above.
CITY: City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
760/777-7075
________________________________ ___________________
Frank J. Spevacek, City Manager Date
ATTEST:
____________________________________________________
Susan Maysels, City Clerk
SC Homes Fund, LLC, a Delaware limited liability company
10621 Civic Center Drive
Rancho Cucamonga, CA 91730
By: Diversified Pacific Development Group, LLC, a California limited liability company
Its: Authorized Agent
By: ______________________________________ ________________________________
Matthew A. Jordan Date
Title: Managing Member
By: _______________________________________ _______________________________
Date
Title: _______________________________________
Reviewed and Approved:
__________________________________ ____________________________
Timothy R. Jonasson, P.E., City Engineer Date
Approved as to Form:
_____________________________________ ____________________________
William H. Ihrke, City Attorney Date
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Exhibit A
SECURITY – TRACT MAP NO. 32201
OFF-SITE IMPROVEMENTS
Improvements designated as "Participatory" have been or will be constructed by others. Security for
Participatory Improvements shall remain in place indefinitely until called upon or released by City.
Monumentation security shall guarantee performance of or payment for the work and shall be utilized or
released as specified in Chapter 4, Article 9 of the Subdivision Map Act.
As elements of the work are completed, Subdivider may request a maximum of two partial releases of
performance security. Partial releases shall be for not less than ten percent (10%) of the total
performance security for the Tract and shall not reduce total performance security below the amount
necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases
of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer.
Requests for partial releases, setting forth in detail the amount of work completed and the value thereof,
shall be made in writing to the City Engineer.
Labor & materials security shall remain in place until 90 days after all required Tract improvements are
complete and accepted by the City Council.
Improvement Description Performance Labor & Materials
Street $ 78,414 $ 78,414
Sidewalk $ 15,135 $ 15,135
Landscaping $ 56,720 $ 56,720
Totals $ 150,269 $ 150,269
Standard 10% Contingency $ 15,027 $ 15,027
Total Construction Cost $ 165,296 $ 165,296
Professional Fees, Design 10% $ 16,530 $ 16,530
Professional Fees, Const 10% $ 16,530 $ 16,530
Bond Amount $ 198,356 $ 198,356
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CITY OF LA QUINTA
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT MAP NO. 32201
ON-SITE IMPROVEMENTS
THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this
____________________________________ day of ___________________________, 20 ___________,
by and between SC Homes Fund, LLC, a Delaware limited liability company, hereinafter referred to as
"Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter
referred to as "City."
RECITALS:
A. Subdivider has prepared and submitted to City for final approval and recordation a final map or Tract
map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is
known as Tract No. 32201 (the "Tract") pursuant to the provisions of Section 66410, et seq. of the
California Government Code (the "Subdivision Map Act"). The Subdivision Map Act and City
ordinances and regulations relating to the filing, approval and recordation of subdivision maps are
sometimes collectively referred to in this Agreement as the “Subdivision Laws.”
B. A tentative map of the Tract has been approved subject to the Subdivision Laws and to the
requirements and conditions contained in City Council Resolution No. 2004-080 (the “Resolution of
Approval”). The Resolution of Approval is on file in the office of the City Clerk and is incorporated into
this Agreement by reference.
C. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and
private improvements (the "Improvements").
D. The Improvements have not been installed and accepted at this time.
E. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the
Improvements as provided in Section 66462 of the Subdivision Map Act. In consideration of approval
of a final map for the Tract by the City Council, Subdivder desires to enter into this Agreement,
whereby Subdivider promises to install and complete, at Subdivider’s own expense, all the public
improvement work required by City in connection with the proposed Tract. Subdivider has secured
this Agreement by improvement security required by the Subdivision Laws and approved by the City.
NOW, THEREFORE, it is agreed by and between the parties hereto as follows:
1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall
furnish complete original improvement plans for the construction, installation and completion of the
Improvements meeting the requirements of the City Engineer. The Improvement Plans for the Tract
shall be maintained on file in the office of the City Engineer and shall be incorporated into this
Agreement by reference. All references in this Agreement to the Improvement Plans shall include
reference to any specifications for the Improvements as approved by the City Engineer.
2. Improvements. Subdivider shall construct the Improvements required to be constructed on the
Improvement Plans or agreed to be constructed under the Resolution of Approval and this Agreement
as more specifically described in Exhibit "A." attached hereto and expressly made a part hereof by
this reference, and shall bear the full cost thereof. The methods, standards, specifications, sequence,
and scheduling of construction shall be as approved by the City Engineer.
3. Improvement Security. Subdivder shall at all times guarantee Subdivider’s performance of this
Agreement by furnishing to City, and maintaining, good and sufficient security as required by the
Subdivision Laws on forms and in the amounts approved by City for the purposes as follows:
A. One class of security to be provided by Subdivider, hereinafter referred to as "performance
security," shall assure the faithful performance of this Agreement including construction of the
Improvements, payment of Subdivider’s fair share of Improvements which have been or will be
constructed by others (“Participatory Improvements”), and payment of plan check and permit
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fees. The performance security shall also include good and sufficient security in the amount of
one hundred percent (100%) of the estimated cost of setting subdivision monuments as stated
hereafter in this Agreement (“Monumentation Security”). A second class of security to be
provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of
the cost of labor, equipment and materials supplied to construct the Improvements. A third class
of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve
as a guarantee and warranty of the Improvements for a period of one year following the
completion and acceptance of the Improvements. Subdivider shall furnish performance and
payment security prior to and as a condition precedent to City Council approval of the Map.
Subdivider shall provide warranty security after Improvements are complete and prior to
acceptance of the Improvements by the City Council. Warranty security shall not be required for
Monumentation or Participatory Improvements. However, the City may utilize Monumentation
Security for performance of or payment for the work in accordance with the Subdivision Map Act.
As part of the obligation secured by each of the performance security, payment security and
warranty security, and in addition to the face amount of each such security, each such security
shall include and assure the payment of costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby
secured.
B. Improvement security shall conform with Section 66499 of the California Government Code and
may be one or more of the following:
1) A cash deposit with City or a responsible escrow agent or trust company, at City's option.
2) Surety bonds, of the form specified in subsection 66499.2 of the California Government
Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570
(latest version).
3) Certificates of deposit, in City's name, from one or more financial institutions subject to
regulation by the state or federal government and having a financial quality rating of "A" or
better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange
(of the Los Angeles County Treasurer's office).
4) Irrevocable letters of credit, in a form acceptable to and approved by the City Attorney, issued
by one or more financial institutions meeting the requirements of Paragraph (3), pledging that
the funds necessary to carry out the completion of the Improvements are on deposit,
guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment
by any creditor of the depositor until released by City. Letters of credit shall guarantee that all
or any portion of the funds available pursuant to the letters of credit will be paid upon the
written demand of City and that such written demand need not present documentation of any
type as a condition of payment, including proof of loss. The duration of any such letter of
credit shall be for a period of not less than one year from the execution of the agreement with
which it is provided and shall state, on its face, that the letter of credit will be automatically
renewed until such time that City authorizes its expiration or until sixty (60) days after City
receives notice from the financial institution of intent to allow expiration of the letter of credit.
5) A lien upon the subdivided property, if City finds that it would not be in the public interest to
require the installation of the Improvements sooner than two (2) years after recordation of the
final map or Tract map for which the Improvements are required. The lien shall provide a
collateral value of three (3) times the estimated cost of the Improvements and shall include
the power of sale of the real property, all buildings and improvements thereon, or that may be
erected upon or made thereto, together with all hereditaments and appurtenances thereunto
belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and
profits thereof. The collateral value of the property shall be established at Subdivider's
expense through an appraisal approved by City.
6) An instrument of credit from an agency of the state, federal or local government, when any
agency of the state, federal, or local government provides at least twenty percent (20%) of
the financing for the Improvements.
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7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind
approved for securing deposits of public moneys with City or in favor of City, as specified in
Section 16430 of the California Government Code, deposited, at City's option, with City or a
responsible escrow agent or trust company.
C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the
performance security shall equal one hundred percent (100%) of the estimated cost of
constructing the Improvements, including payment of plan check and permit fees, as estimated by
the City Engineer or a duly authorized representative of the City Engineer. The amount of
Payment security shall equal the amount of the amount of performance security, except as
otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security
shall equal Ten Percent (10%) of the amount of performance security except as otherwise set
forth in Exhibit A. The securities required by this Agreement shall be kept on file with the City
Clerk. The terms of the security documents specified in this Agreement are incorporated into this
Agreement by this reference. If any security is replaced by another approved security, the
replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been
made a part of and incorporated into this Agreement. Upon filing of a replacement security with
the City Clerk, the former security may be released. The City Engineer shall approve replacement
of security.
D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to
the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract
map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid
separately for each different form and/or source (surety or financial institution) of security initially
submitted and for substitution of securities but shall not be required for submittal of warranty
security if the warranty security is of the same form and from the same source as the
performance security it replaces. Administrative fees for security shall be as follows:
1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and
4) of SECTION 3.B., which require the establishment of evidence of the reliability of the
surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars
($150.00).
2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will
prepare lien agreements and subordination agreements, administer valuation of the real
property and administer the agreements over the life of the lien, all of which require legal
assistance and financial advice, Subdivider shall pay to City an administration fee of One Half
of One Percent (0.5%) of the estimated cost of the improvements secured but not less than
Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00).
3) For other forms of security listed in Section 3 B, above, there will be no administrative fee.
E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory
Improvements shall remain in place until the Participatory Improvements are constructed and
actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost
of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of
Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty
security shall not be required for Participatory Improvements.
Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in
replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit
said cash within 30 days of the date of the written demand from City, City may present a written
demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City
the lesser of: 1) the amount demanded, or 2) the amount of the security.
F. Security shall not expire, be reduced or become wholly or partially invalid for any reason,
including non-payment of premiums, modifications of this Agreement and/or expiration of the time
for performance stated in this Agreement.
G. Security shall be released in the following manner:
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1) Performance security shall be released upon the final completion and acceptance or
approval, by the City Council of the Improvements subject to the provisions of Section 10 of
this Agreement.
2) The City Engineer may authorize partial reduction of performance security as work
progresses, upon application by Subdivider. However, no such reduction shall be for an
amount less than Ten Percent (10%) of the total performance security provided for the faithful
performance of the act or work. In no event shall security be reduced below that required to
guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%).
The City Engineer shall not allow more than two partial reductions of security furnished for
any improvement agreement.
3) Participatory Improvement security shall be released upon payment by Subdivider of
Subdivider's share of the cost or estimated cost of the Participatory Improvements.
4) If City receives no notice of recorded claims of lien, labor and materials security shall be
released in full 90 days after final acceptance and/or approval by the City Council, of the
Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision
Map Act shall apply.
5) No security given for the guarantee or warranty of work shall be released until the expiration
of the warranty period and until any claims filed during the warranty period have been settled.
As provided in paragraph 13 of this Agreement, the warranty period shall not commence until
final acceptance of all the work and improvements by the City pursuant to Paragraph 10.
Warranty security not utilized during the warranty period shall be released one year after final
acceptance or approval by the City Council of all Improvements. However, if at the end of the
one-year warranty period, there are one or more outstanding requests by City for
performance of work or provision of materials under the terms of the warranty, warranty
security shall be retained until the outstanding requests are satisfied or until Subdivider has
made other arrangements satisfactory to the City Engineer.
6) City may retain from any security released an amount sufficient to cover costs and
reasonable expenses and fees, including reasonable attorneys’ fees.
4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits
required for that phase of work and pay all required fees. Work performed under a permit or permits
shall comply with all provisions of the required permits.
5. Off-site Improvements. When the construction of one or more of the Improvements requires or
necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its
best efforts purchase such real property at a reasonable price. In the event that Subdivider is
unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider
may request in writing that City attempt to acquire such real property. City may, but is not required to,
agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and
Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said
separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%)
of the appraised fair market value of the real property. Any unexpended portion of said advance shall
be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be
paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall
the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate
Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the
Conditions of Approval.
6. Completion of Improvements; Inspection.
6.1 Construction of Improvements. Subdivider shall begin construction of the Improvements within
ninety (90) days and shall complete construction within twelve (12) months after the approval of this
Agreement. Portions of the Improvements may be completed at a later date, as determined by the
City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of
the Improvements within the specified time periods shall constitute cause for City, in its sole
discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise
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improvement security requirements as necessary to ensure completion of the improvements, and/or
to require modifications in the standards or sequencing of the Improvements in response to changes
in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise
affect the validity of this agreement or Subdivider's obligations hereunder.
6.2 Inspection. Subdivider shall at all times maintain proper facilities and safe access for inspection
of the public improvements by City and to the shops wherein any work is in preparation. Upon
completion of the work, the Subdivider may request a final inspection by the City Engineer or the City
Engineer’s authorized representative. If the City Engineer or the designated representative
determines that the work has been completed in accordance with this Agreement, then the City
Engineer shall certify the completion of the public improvements to the City Council. No
improvements shall be finally accepted unless all aspects of the work have been inspected and
determined to have been completed in accordance with the Improvement Plans and City standards
and accepted by the City as described in Paragraph 10 of this Agreement. Subdivider shall bear all
costs of plan check, inspection and certification.
7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to
strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected
by such events will be extended by the period of such events.
8. Time Extension. Subdivider may make application in writing to the City Council for an extension of
time for completion of the Improvements. The City Council, in its sole and absolute discretion, may
approve or deny the request or conditionally approve the extension with additions or revisions to the
terms and conditions of this Agreement.
As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance
to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the
securities shall be sufficient to ensure the performance of and payment for Improvements that remain
incomplete at the time of the extension, and to provide warranty security on completed
Improvements.
9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey
monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act
and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that
the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor
setting the monuments, and intersection monument tie-outs for monuments set in public streets.
10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the
Improvements by City, Subdivider shall submit a request for final approval by City. The request shall
be accompanied by any required certifications from Subdivider's engineers or surveyors, approval
letters from other agencies having jurisdiction over and approval authority for improvements required
by this Agreement or the Conditions of Approval, and any required construction quality documentation
not previously submitted.
Upon receipt of said request, the City Engineer or a duly-authorized representative will review the
required documentation and will inspect the Improvements. If the Improvements are determined to
be in accordance with applicable City standards and specifications, and as provided herein,
obligations required by the Conditions set forth in the Resolution of Approval and this Agreement
have been satisfied, and Subdivider has provided revised plans as required in Paragraph 12,
hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council.
11. Injury to Improvements. Until such time as the Improvements are accepted by City in accordance
with Paragraph 10, Subdivider shall be responsible for and bear the risk of loss to any of the
improvements constructed or installed. Until such time as all Improvements required by this
Agreement are fully completed and accepted by City, Subdivider will be responsible for the care,
maintenance of, and any damage to such improvements. City shall not, nor shall any officer or
employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause,
happening or occurring to the work or improvements specified in this Agreement prior to the
completion and acceptance of the work or improvements. All such risks shall be the responsibility of
and are hereby assumed by Subdivider.
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12. Revisions to Plans. When the Improvements have been inspected and approved by the City
Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the
plans depict the actual Improvements constructed. When necessary revisions have been made, each
separate sheet of the plans shall be clearly marked with the words "As-Built," "As-Constructed," or
"Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the
improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to
the City Engineer.
13. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one
(1) year, beginning on the date of final acceptance of the Improvements by the City Council, against
any defective work or labor done, or defective materials furnished, and shall repair or replace such
defective work or materials. If within the warranty period any work or improvement or part of any
work or improvement done,furnished, installed, constructed or caused to be done, furnished, installed
or constructed by Subdivider fails to fulfill any of the requirements of this Agreement or the
improvement plans and specifications referred to herein, Subdivider shall without delay and without
any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or
parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this
requirement, Subdivider hereby authorizes City, at City’s sole option, to perform the work twenty (20)
days after mailing written notice of default to Subdivider and to Subidivider’s Surety, and agrees to
pay the cost of such work by City. Should City determine that an urgency requires repairs or
replacements to be made before Subdivider can be notified, City may, in its sole discretion, make the
necessary repairs or replacement or perform the necessary work and Subdivider shall pay to City the
cost of such repairs
14. Release of Security. City shall retain and release securities in accordance with the provisions of
Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require
Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may
affect the amount of payment security released.
15. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not
been performed, or commenced and diligently pursued, within sixty (60) days after written notice of
default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of
such performance by City including costs of suit and reasonable attorney's fees incurred by City in
enforcing such obligation. In cases of emergency or compelling public interest, as determined by the
City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall
be deemed waived and all other provisions of this Article shall remain in effect.
16. Injury to Public Improvements, Public Property or Public Utility Facilities. Subdivider shall replace or
have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities
facilities and surveying or subdivision monuments which are destroyed or damaged as a result of any
work performed under this Agreement. Subdivider shall bear the entire cost of replacement or repairs
of any and all public or public utility property damaged or destroyed by reason of any work done
under this Agreement, whether such property is owned by the United States or any agency thereof, or
the State of California, or any agency or political subdivision thereof, or by City or any public or
private utility corporation or by any combination of such owners. Any repair or replacement shall be to
the satisfaction, and subject to the approval, of the City Engineer.
17. Indemnification.
a. Neither City nor any and all of its officials, employees and agents (“Indemnified Parties”) shall be
liable for any injury to persons or property occasioned by reason of the acts or omissions of
Subdivider, its agents or employees in the performance of this Agreement. Subdivider further agrees
to protect and hold harmless Indemnified Parties form any and all claims, demands, causes of action,
liability or loss of any sort, including, but not limited to, attorney fees and litigation expenses, because
of, or arising out of, acts or omissions of Subdivider, its agents or employees in the performance of
this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising
out of, in whole or in part, the design of construction of the Improvements. This indemnification and
agreement to hold harmless shall extend to injuries to persons and damages or taking of property
resulting from the design or construction of said subdivision, and the public improvements as
provided herein, and in addition, to adjacent property owners as a consequence of the diversion of
waters from the design or construction of public drainage systems, streets and other public
improvements.
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b. Acceptance by City of the Improvements shall not constitute an assumption by City of any
responsibility for any damage or taking covered by this paragraph. City shall not be responsible for
the design or construction of the subdivision or the improvements pursuant to the approved
Improvement Plans or map, regardless of any negligent action or inaction taken by City in approving
the plans or map, unless the particular improvement design was specifically required by City over
written objection by Subdivider submitted to the City Engineer before approval of the particular
improvement design, which objection indicated that the particular improvement design was
dangerous or defective and suggested an alternative safe and feasible design. Except as may be
provided above, City shall not be liable for any negligence, nonfeasance, misfeasance or
malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in
approving, reviewing or inspecting any work or construction. Nothing contained in this paragraph is
intended to or shall be deemed to limit or waive any protections or immunities afforded by law to City
or any and all of its officials, employees and agents (“Indemnified Parties”), by virtue of city’s approval
of the plan or design of the Improvements, including without limitation the protections and immunities
afforded by Government Code Section 830.6. After acceptance of the improvements, Subdivider shall
remain obligated to eliminate any defect in design or dangerous condition caused by the design or
construction defect; however, Subdivider shall not be responsible for routine maintenance. Provisions
of this paragraph shall remain in full force and effect for ten (10) years following the acceptance by
City of the Improvements. It is the intent of this paragraph that Subdivider shall be responsible for all
liability for design and construction of the Improvements installed or work done pursuant to this
Agreement and that city shall not be liable for any negligence, nonfeasance, misfeasance or
malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in
approving, reviewing or inspecting any work or construction. The Improvement Security shall not be
required to cover the provisions of this paragraph.
18. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any
provision of the Conditions of Approval. In the event that any requirement or condition of this
Agreement is inconsistent with or fails to include one or more provisions of the Conditions of
Approval, which document(s) is (are) incorporated herein by reference, the provisions in the
Conditions of Approval shall remain in effect and shall control.
19. Severability. In the event that a court of competent jurisdiction determines that any provision or
provisions of this Agreement are unenforceable, all provisions not so held shall remain in full force
and effect.
20. Subdivider No Agent of City. Neither Subdivider nor any of Subdivider’s agents, employees, or
contractors are or shall be considered to be agents of City in connection with the performance of
Subdivider’s obligations under this Agreement.
21. General Provisions.
A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent
by registered or certified mail, return receipt requested, to the parties at their respective
addresses indicated hereon. Notices personally delivered shall be effective upon delivery.
Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of
delivery or refusal indicated on the return receipt. Either party may change its address for notices
hereunder by notice to the other given in the manner provided in this subparagraph.
B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the
heirs, executors, administrators, assigns, and successors of the parties hereto.
C. Neither party to this Agreement relies upon any warranty or representation not contained in this
Agreement.
D. This Agreement shall be governed by and interpreted with respect to the laws of the State of
California.
E. In the event of any dispute between the parties with respect to this Agreement, the prevailing
party shall be entitled to prompt payment of its reasonable attorneys' fees from the non-prevailing
party.
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F. Any failure or delay by either party in asserting any of its rights and remedies as to any default
shall not operate as a waiver of any default or of any such rights or remedies provided for
hereunder.
G. Time is of the essence in the performance of each and every provision of this Agreement.
H. The Recitals to this Agreement are hereby incorporated into and expressly made a part of the
terms of this Agreement.
I. This Agreement constitutes the entire agreement of the parties with respect to the subject matter.
All modifications, amendments, or waivers of the terms of this Agreement must be in writing and
signed by the appropriate representatives of the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first
written above.
CITY: City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
760/777-7075
________________________________ ___________________
Frank J. Spevacek, City Manager Date
ATTEST:
____________________________________________________
Susan Maysels, City Clerk
SC Homes Fund, LLC, a Delaware limited liability company
10621 Civic Center Drive
Rancho Cucamonga, CA 91730
By: Diversified Pacific Development Group, LLC, a California limited liability company
Its: Authorized Agent
By: ______________________________________ ________________________________
Matthew A. Jordan Date
Title: Managing Member
By: _______________________________________ _______________________________
Date
Title: _______________________________________
Reviewed and Approved:
__________________________________ ____________________________
Timothy R. Jonasson, P.E., City Engineer Date
Approved as to Form:
_____________________________________ ____________________________
William H. Ihrke, City Attorney Date
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Exhibit A
SECURITY – TRACT MAP NO. 32201
ON-SITE IMPROVEMENTS
Improvements designated as "Participatory" have been or will be constructed by others. Security for
Participatory Improvements shall remain in place indefinitely until called upon or released by City.
Monumentation security shall guarantee performance of or payment for the work and shall be utilized or
released as specified in Chapter 4, Article 9 of the Subdivision Map Act.
As elements of the work are completed, Subdivider may request a maximum of two partial releases of
performance security. Partial releases shall be for not less than ten percent (10%) of the total
performance security for the Tract and shall not reduce total performance security below the amount
necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases
of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer.
Requests for partial releases, setting forth in detail the amount of work completed and the value thereof,
shall be made in writing to the City Engineer.
Labor & materials security shall remain in place until 90 days after all required Tract improvements are
complete and accepted by the City Council.
Improvement Description Performance Labor & Materials
Rough Grading $ 56,340 -
Street $ 149,379 -
Storm Drain $ 48,354 -
Water $ 10,900 -
Sewer $ 18,000 -
Dry Utilities $ 142,500 -
Landscaping $ 66,212 -
Monumentation $ 10,000
Totals $ 501,685 -
Standard 10% Contingency $ 50,168 -
Total Construction Cost $ 551,853 -
Professional Fees, Design 10% $ 55,185 -
Professional Fees, Const 10% $ 55,185 -
Bond Amount $ 662,223 -
106
City of La Quinta
CITY COUNCIL MEETING: January 19, 2016
STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTION GRANTING CONDITIONAL APPROVAL OF FINAL
TRACT MAP AND SUBDIVISION IMPROVEMENT AGREEMENTS ASSOCIATED WITH THE
WATERMARK DEVELOPMENT (TRACT MAP NO. 36762)
RECOMMENDATION
Adopt a resolution granting conditional approval of Final Tract Map and Subdivision
Improvement Agreements for the Watermark Development associated with Tract Map
No. 36762; and authorize the City Manager to execute said agreements.
EXECUTIVE SUMMARY
Beazer Homes Holdings Corp. (Developer), the developer of the Watermark
residential project located at the northwest corner of Jefferson Street and Avenue
52, has requested conditional approval of a Final Tract Map.
This is a ministerial action that occurs when the conditions of development are
satisfied or secured through agreements. Obtaining signatures, executing the
Subdivision Improvement Agreements, and submitting securities are the only
outstanding items. The Developer has 30 days to complete/secure these items.
The Developer has agreed to complete the conditions of development within the
next 30 days, thus, staff supports the recommended action.
FISCAL IMPACT
None. Securities of sufficient value will be submitted to secure the incomplete
improvements prior to recordation of the Final Tract Map.
BACKGROUND/ANALYSIS
Watermark is a residential development located at the northwest corner of Jefferson
Street and Avenue 52 (Attachment 1). The Final Tract Map subdivides the property into
82 single-family lots. The Developer has demolished the existing building and started
grading the site.
The Developer seeks conditional approval of the Final Tract Map (Attachment 2) and
Subdivision Improvement Agreements (Attachment 3). Thereafter, the Developer has 30
days to obtain all necessary signatures on the map, execute the Subdivision
Improvement Agreements, and submit securities for the off-site and on-site
improvements. If the Developer fails to complete the items within 30 days, the map will
be rescheduled for Council consideration only after all items are complete.
CONSENT CALENDAR ITEM NO.
107
ALTERNATIVES
The Council could deny conditional approval and require the Developer to complete all
items; however, this would unnecessarily delay development, thus, not recommended.
Prepared by: Bryan McKinney, P.E., Principal Engineer
Approved by: Timothy R. Jonasson, P.E., Public Works Director/City Engineer
Attachments: 1. Vicinity Map
2. Tract Map 36762
3. Subdivision Improvement Agreements
108
RESOLUTION NO. 2016 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, GRANTING CONDITIONAL
APPROVAL OF FINAL TRACT MAP AND SUBDIVISION
IMPROVEMENT AGREEMENTS ASSOCIATED WITH TRACT
MAP NO. 36762 AND AUTHORIZING A TIME EXTENSION
FOR SATISFACTORY COMPLETION OF THE CONDITIONAL
REQUIREMENTS TO VALIDATE THE APPROVAL
WHEREAS, the City Council conducts only two regular meetings per month and
the time interval between these meetings occasionally creates an undue hardship for
business enterprises and individuals seeking approval of subdivision maps; and
WHEREAS, the City Council, as a matter of policy, allows a subdivider to have
City staff present a map for consideration of approval when the requisite items
necessary for a final map approval are nearly, but not completely, finished; thus,
yielding to the subdivider additional production time for preparation of those items;
and
WHEREAS, the subdivider has demonstrated to City staff and the City Council
that it has made sufficient progress with items required for final map approval, and it
is reasonable to expect the subdivider to satisfactorily complete the items, including
City staff review time, within thirty (30) days without adversely impacting other
ongoing work commitments of City staff; and
WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council
broad authority to authorize time extensions regarding final map approval, or
disapproval, upon receiving it for consideration; and
WHEREAS, the City Council relies on City staff to review all required items for
conformance with relevant requirements, and it is therefore appropriate for the City
Council to approve the final map subject to review and confirmation of the required
items by City staff within a reasonable period of time.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta,
California, as follows:
SECTION 1. The Final Tract Map 36762 is conditionally approved provided the
subdivider submits all required item(s) on or before February 18, 2016.
SECTION 2. The City Council’s approval of the final map shall not be considered valid
until the City Engineer has signed the map indicating that it conforms to the tentative
tract map, the Subdivision Map Act, and all ordinances of the City.
SECTION 3. The City Engineer shall withhold his signature from the map until the
subdivider has completed the following requirement and any other requirements not
expressly described here to the City Engineer’s satisfaction:
109
Resolution No. 2016-
Tract Map No. 36762
Adopted: January 19, 2016
Page 2
A. Finalize the final tract map and obtain all necessary signatures
B. Provide executed Subdivision Improvement Agreements
C. Submit securities for the off-site and on-site improvements
SECTION 4. The City Clerk shall withhold affixing the City Seal to the map title page,
along with her attesting signature, until the City Engineer has signed the map.
SECTION 5. The time extension for satisfying the requirements of the conditional
approval for this final map shall expire when City offices close for regular business on
February 18, 2016. If the subdivider has not satisfied the requirements in Section 3,
herein, by the expiration deadline, the final map shall be considered disapproved.
Disapproval does not deny any rights the subdivider may have under the Map Act to
resubmit the final map for approval, or disapproval.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City
Council held on this 19th day of January 2016, 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
110
V I C I N I T Y M A P
NOT TO SCALE
ATTACHMENT 1
Tm 36762 watermark
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CITY OF LA QUINTA
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT MAP NO. 36762
OFF-SITE IMPROVEMENTS
THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this
____________________________________ day of ___________________________, 20 ___________,
by and between Beazer Homes Holdings Corp, a Delaware corporation, hereinafter referred to as
"Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter
referred to as "City."
RECITALS:
A. Subdivider has prepared and submitted to City for final approval and recordation a final map or Tract
map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is
known as Tract No. 36762 (the "Tract") pursuant to the provisions of Section 66410, et seq. of the
California Government Code (the "Subdivision Map Act"). The Subdivision Map Act and City
ordinances and regulations relating to the filing, approval and recordation of subdivision maps are
sometimes collectively referred to in this Agreement as the “Subdivision Laws.”
B. A tentative map of the Tract has been approved subject to the Subdivision Laws and to the
requirements and conditions contained in City Council Resolution No. 2015-021 (the “Resolution of
Approval”). The Resolution of Approval is on file in the office of the City Clerk and is incorporated into
this Agreement by reference.
C. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and
private improvements (the "Improvements").
D. The Improvements have not been installed and accepted at this time.
E. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the
Improvements as provided in Section 66462 of the Subdivision Map Act. In consideration of approval
of a final map for the Tract by the City Council, Subdivder desires to enter into this Agreement,
whereby Subdivider promises to install and complete, at Subdivider’s own expense, all the public
improvement work required by City in connection with the proposed Tract. Subdivider has secured
this Agreement by improvement security required by the Subdivision Laws and approved by the City.
NOW, THEREFORE, it is agreed by and between the parties hereto as follows:
1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall
furnish complete original improvement plans for the construction, installation and completion of the
Improvements meeting the requirements of the City Engineer. The Improvement Plans for the Tract
shall be maintained on file in the office of the City Engineer and shall be incorporated into this
Agreement by reference. All references in this Agreement to the Improvement Plans shall include
reference to any specifications for the Improvements as approved by the City Engineer.
2. Improvements. Subdivider shall construct the Improvements required to be constructed on the
Improvement Plans or agreed to be constructed under the Resolution of Approval and this Agreement
as more specifically described in Exhibit "A." attached hereto and expressly made a part hereof by
this reference, and shall bear the full cost thereof. The methods, standards, specifications, sequence,
and scheduling of construction shall be as approved by the City Engineer.
3. Improvement Security. Subdivder shall at all times guarantee Subdivider’s performance of this
Agreement by furnishing to City, and maintaining, good and sufficient security as required by the
Subdivision Laws on forms and in the amounts approved by City for the purposes as follows:
A. One class of security to be provided by Subdivider, hereinafter referred to as "performance
security," shall assure the faithful performance of this Agreement including construction of the
Improvements, payment of Subdivider’s fair share of Improvements which have been or will be
constructed by others (“Participatory Improvements”), and payment of plan check and permit
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fees. The performance security shall also include good and sufficient security in the amount of
one hundred percent (100%) of the estimated cost of setting subdivision monuments as stated
hereafter in this Agreement (“Monumentation Security”). A second class of security to be
provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of
the cost of labor, equipment and materials supplied to construct the Improvements. A third class
of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve
as a guarantee and warranty of the Improvements for a period of one year following the
completion and acceptance of the Improvements. Subdivider shall furnish performance and
payment security prior to and as a condition precedent to City Council approval of the Map.
Subdivider shall provide warranty security after Improvements are complete and prior to
acceptance of the Improvements by the City Council. Warranty security shall not be required for
Monumentation or Participatory Improvements. However, the City may utilize Monumentation
Security for performance of or payment for the work in accordance with the Subdivision Map Act.
As part of the obligation secured by each of the performance security, payment security and
warranty security, and in addition to the face amount of each such security, each such security
shall include and assure the payment of costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby
secured.
B. Improvement security shall conform with Section 66499 of the California Government Code and
may be one or more of the following:
1) A cash deposit with City or a responsible escrow agent or trust company, at City's option.
2) Surety bonds, of the form specified in subsection 66499.2 of the California Government
Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570
(latest version).
3) Certificates of deposit, in City's name, from one or more financial institutions subject to
regulation by the state or federal government and having a financial quality rating of "A" or
better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange
(of the Los Angeles County Treasurer's office).
4) Irrevocable letters of credit, in a form acceptable to and approved by the City Attorney, issued
by one or more financial institutions meeting the requirements of Paragraph (3), pledging that
the funds necessary to carry out the completion of the Improvements are on deposit,
guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment
by any creditor of the depositor until released by City. Letters of credit shall guarantee that all
or any portion of the funds available pursuant to the letters of credit will be paid upon the
written demand of City and that such written demand need not present documentation of any
type as a condition of payment, including proof of loss. The duration of any such letter of
credit shall be for a period of not less than one year from the execution of the agreement with
which it is provided and shall state, on its face, that the letter of credit will be automatically
renewed until such time that City authorizes its expiration or until sixty (60) days after City
receives notice from the financial institution of intent to allow expiration of the letter of credit.
5) A lien upon the subdivided property, if City finds that it would not be in the public interest to
require the installation of the Improvements sooner than two (2) years after recordation of the
final map or Tract map for which the Improvements are required. The lien shall provide a
collateral value of three (3) times the estimated cost of the Improvements and shall include
the power of sale of the real property, all buildings and improvements thereon, or that may be
erected upon or made thereto, together with all hereditaments and appurtenances thereunto
belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and
profits thereof. The collateral value of the property shall be established at Subdivider's
expense through an appraisal approved by City.
6) An instrument of credit from an agency of the state, federal or local government, when any
agency of the state, federal, or local government provides at least twenty percent (20%) of
the financing for the Improvements.
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7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind
approved for securing deposits of public moneys with City or in favor of City, as specified in
Section 16430 of the California Government Code, deposited, at City's option, with City or a
responsible escrow agent or trust company.
C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the
performance security shall equal one hundred percent (100%) of the estimated cost of
constructing the Improvements, including payment of plan check and permit fees, as estimated by
the City Engineer or a duly authorized representative of the City Engineer. The amount of
Payment security shall equal the amount of the amount of performance security, except as
otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security
shall equal Ten Percent (10%) of the amount of performance security except as otherwise set
forth in Exhibit A. The securities required by this Agreement shall be kept on file with the City
Clerk. The terms of the security documents specified in this Agreement are incorporated into this
Agreement by this reference. If any security is replaced by another approved security, the
replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been
made a part of and incorporated into this Agreement. Upon filing of a replacement security with
the City Clerk, the former security may be released. The City Engineer shall approve replacement
of security.
D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to
the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract
map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid
separately for each different form and/or source (surety or financial institution) of security initially
submitted and for substitution of securities but shall not be required for submittal of warranty
security if the warranty security is of the same form and from the same source as the
performance security it replaces. Administrative fees for security shall be as follows:
1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and
4) of SECTION 3.B., which require the establishment of evidence of the reliability of the
surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars
($150.00).
2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will
prepare lien agreements and subordination agreements, administer valuation of the real
property and administer the agreements over the life of the lien, all of which require legal
assistance and financial advice, Subdivider shall pay to City an administration fee of One Half
of One Percent (0.5%) of the estimated cost of the improvements secured but not less than
Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00).
3) For other forms of security listed in Section 3 B, above, there will be no administrative fee.
E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory
Improvements shall remain in place until the Participatory Improvements are constructed and
actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost
of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of
Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty
security shall not be required for Participatory Improvements.
Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in
replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit
said cash within 30 days of the date of the written demand from City, City may present a written
demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City
the lesser of: 1) the amount demanded, or 2) the amount of the security.
F. Security shall not expire, be reduced or become wholly or partially invalid for any reason,
including non-payment of premiums, modifications of this Agreement and/or expiration of the time
for performance stated in this Agreement.
G. Security shall be released in the following manner:
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1) Performance security shall be released upon the final completion and acceptance or
approval, by the City Council of the Improvements subject to the provisions of Section 10 of
this Agreement.
2) The City Engineer may authorize partial reduction of performance security as work
progresses, upon application by Subdivider. However, no such reduction shall be for an
amount less than Ten Percent (10%) of the total performance security provided for the faithful
performance of the act or work. In no event shall security be reduced below that required to
guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%).
The City Engineer shall not allow more than two partial reductions of security furnished for
any improvement agreement.
3) Participatory Improvement security shall be released upon payment by Subdivider of
Subdivider's share of the cost or estimated cost of the Participatory Improvements.
4) If City receives no notice of recorded claims of lien, labor and materials security shall be
released in full 90 days after final acceptance and/or approval by the City Council, of the
Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision
Map Act shall apply.
5) No security given for the guarantee or warranty of work shall be released until the expiration
of the warranty period and until any claims filed during the warranty period have been settled.
As provided in paragraph 13 of this Agreement, the warranty period shall not commence until
final acceptance of all the work and improvements by the City pursuant to Paragraph 10.
Warranty security not utilized during the warranty period shall be released one year after final
acceptance or approval by the City Council of all Improvements. However, if at the end of the
one-year warranty period, there are one or more outstanding requests by City for
performance of work or provision of materials under the terms of the warranty, warranty
security shall be retained until the outstanding requests are satisfied or until Subdivider has
made other arrangements satisfactory to the City Engineer.
6) City may retain from any security released an amount sufficient to cover costs and
reasonable expenses and fees, including reasonable attorneys’ fees.
4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits
required for that phase of work and pay all required fees. Work performed under a permit or permits
shall comply with all provisions of the required permits.
5. Off-site Improvements. When the construction of one or more of the Improvements requires or
necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its
best efforts purchase such real property at a reasonable price. In the event that Subdivider is
unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider
may request in writing that City attempt to acquire such real property. City may, but is not required to,
agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and
Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said
separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%)
of the appraised fair market value of the real property. Any unexpended portion of said advance shall
be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be
paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall
the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate
Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the
Conditions of Approval.
6. Completion of Improvements; Inspection.
6.1 Construction of Improvements. Subdivider shall begin construction of the Improvements within
ninety (90) days and shall complete construction within twelve (12) months after the approval of this
Agreement. Portions of the Improvements may be completed at a later date, as determined by the
City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of
the Improvements within the specified time periods shall constitute cause for City, in its sole
discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise
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improvement security requirements as necessary to ensure completion of the improvements, and/or
to require modifications in the standards or sequencing of the Improvements in response to changes
in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise
affect the validity of this agreement or Subdivider's obligations hereunder.
6.2 Inspection. Subdivider shall at all times maintain proper facilities and safe access for inspection
of the public improvements by City and to the shops wherein any work is in preparation. Upon
completion of the work, the Subdivider may request a final inspection by the City Engineer or the City
Engineer’s authorized representative. If the City Engineer or the designated representative
determines that the work has been completed in accordance with this Agreement, then the City
Engineer shall certify the completion of the public improvements to the City Council. No
improvements shall be finally accepted unless all aspects of the work have been inspected and
determined to have been completed in accordance with the Improvement Plans and City standards
and accepted by the City as described in Paragraph 10 of this Agreement. Subdivider shall bear all
costs of plan check, inspection and certification.
7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to
strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected
by such events will be extended by the period of such events.
8. Time Extension. Subdivider may make application in writing to the City Council for an extension of
time for completion of the Improvements. The City Council, in its sole and absolute discretion, may
approve or deny the request or conditionally approve the extension with additions or revisions to the
terms and conditions of this Agreement.
As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance
to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the
securities shall be sufficient to ensure the performance of and payment for Improvements that remain
incomplete at the time of the extension, and to provide warranty security on completed
Improvements.
9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey
monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act
and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that
the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor
setting the monuments, and intersection monument tie-outs for monuments set in public streets.
10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the
Improvements by City, Subdivider shall submit a request for final approval by City. The request shall
be accompanied by any required certifications from Subdivider's engineers or surveyors, approval
letters from other agencies having jurisdiction over and approval authority for improvements required
by this Agreement or the Conditions of Approval, and any required construction quality documentation
not previously submitted.
Upon receipt of said request, the City Engineer or a duly-authorized representative will review the
required documentation and will inspect the Improvements. If the Improvements are determined to
be in accordance with applicable City standards and specifications, and as provided herein,
obligations required by the Conditions set forth in the Resolution of Approval and this Agreement
have been satisfied, and Subdivider has provided revised plans as required in Paragraph 12,
hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council.
11. Injury to Improvements. Until such time as the Improvements are accepted by City in accordance
with Paragraph 10, Subdivider shall be responsible for and bear the risk of loss to any of the
improvements constructed or installed. Until such time as all Improvements required by this
Agreement are fully completed and accepted by City, Subdivider will be responsible for the care,
maintenance of, and any damage to such improvements. City shall not, nor shall any officer or
employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause,
happening or occurring to the work or improvements specified in this Agreement prior to the
completion and acceptance of the work or improvements. All such risks shall be the responsibility of
and are hereby assumed by Subdivider.
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12. Revisions to Plans. When the Improvements have been inspected and approved by the City
Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the
plans depict the actual Improvements constructed. When necessary revisions have been made, each
separate sheet of the plans shall be clearly marked with the words "As-Built," "As-Constructed," or
"Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the
improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to
the City Engineer.
13. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one
(1) year, beginning on the date of final acceptance of the Improvements by the City Council, against
any defective work or labor done, or defective materials furnished, and shall repair or replace such
defective work or materials. If within the warranty period any work or improvement or part of any
work or improvement done,furnished, installed, constructed or caused to be done, furnished, installed
or constructed by Subdivider fails to fulfill any of the requirements of this Agreement or the
improvement plans and specifications referred to herein, Subdivider shall without delay and without
any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or
parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this
requirement, Subdivider hereby authorizes City, at City’s sole option, to perform the work twenty (20)
days after mailing written notice of default to Subdivider and to Subidivider’s Surety, and agrees to
pay the cost of such work by City. Should City determine that an urgency requires repairs or
replacements to be made before Subdivider can be notified, City may, in its sole discretion, make the
necessary repairs or replacement or perform the necessary work and Subdivider shall pay to City the
cost of such repairs
14. Release of Security. City shall retain and release securities in accordance with the provisions of
Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require
Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may
affect the amount of payment security released.
15. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not
been performed, or commenced and diligently pursued, within sixty (60) days after written notice of
default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of
such performance by City including costs of suit and reasonable attorney's fees incurred by City in
enforcing such obligation. In cases of emergency or compelling public interest, as determined by the
City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall
be deemed waived and all other provisions of this Article shall remain in effect.
16. Injury to Public Improvements, Public Property or Public Utility Facilities. Subdivider shall replace or
have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities
facilities and surveying or subdivision monuments which are destroyed or damaged as a result of any
work performed under this Agreement. Subdivider shall bear the entire cost of replacement or repairs
of any and all public or public utility property damaged or destroyed by reason of any work done
under this Agreement, whether such property is owned by the United States or any agency thereof, or
the State of California, or any agency or political subdivision thereof, or by City or any public or
private utility corporation or by any combination of such owners. Any repair or replacement shall be to
the satisfaction, and subject to the approval, of the City Engineer.
17. Indemnification.
a. Neither City nor any and all of its officials, employees and agents (“Indemnified Parties”) shall be
liable for any injury to persons or property occasioned by reason of the acts or omissions of
Subdivider, its agents or employees in the performance of this Agreement. Subdivider further agrees
to protect and hold harmless Indemnified Parties form any and all claims, demands, causes of action,
liability or loss of any sort, including, but not limited to, attorney fees and litigation expenses, because
of, or arising out of, acts or omissions of Subdivider, its agents or employees in the performance of
this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising
out of, in whole or in part, the design of construction of the Improvements. This indemnification and
agreement to hold harmless shall extend to injuries to persons and damages or taking of property
resulting from the design or construction of said subdivision, and the public improvements as
provided herein, and in addition, to adjacent property owners as a consequence of the diversion of
waters from the design or construction of public drainage systems, streets and other public
improvements.
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b. Acceptance by City of the Improvements shall not constitute an assumption by City of any
responsibility for any damage or taking covered by this paragraph. City shall not be responsible for
the design or construction of the subdivision or the improvements pursuant to the approved
Improvement Plans or map, regardless of any negligent action or inaction taken by City in approving
the plans or map, unless the particular improvement design was specifically required by City over
written objection by Subdivider submitted to the City Engineer before approval of the particular
improvement design, which objection indicated that the particular improvement design was
dangerous or defective and suggested an alternative safe and feasible design. Except as may be
provided above, City shall not be liable for any negligence, nonfeasance, misfeasance or
malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in
approving, reviewing or inspecting any work or construction. Nothing contained in this paragraph is
intended to or shall be deemed to limit or waive any protections or immunities afforded by law to City
or any and all of its officials, employees and agents (“Indemnified Parties”), by virtue of city’s approval
of the plan or design of the Improvements, including without limitation the protections and immunities
afforded by Government Code Section 830.6. After acceptance of the improvements, Subdivider shall
remain obligated to eliminate any defect in design or dangerous condition caused by the design or
construction defect; however, Subdivider shall not be responsible for routine maintenance. Provisions
of this paragraph shall remain in full force and effect for ten (10) years following the acceptance by
City of the Improvements. It is the intent of this paragraph that Subdivider shall be responsible for all
liability for design and construction of the Improvements installed or work done pursuant to this
Agreement and that city shall not be liable for any negligence, nonfeasance, misfeasance or
malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in
approving, reviewing or inspecting any work or construction. The Improvement Security shall not be
required to cover the provisions of this paragraph.
18. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any
provision of the Conditions of Approval. In the event that any requirement or condition of this
Agreement is inconsistent with or fails to include one or more provisions of the Conditions of
Approval, which document(s) is (are) incorporated herein by reference, the provisions in the
Conditions of Approval shall remain in effect and shall control.
19. Severability. In the event that a court of competent jurisdiction determines that any provision or
provisions of this Agreement are unenforceable, all provisions not so held shall remain in full force
and effect.
20. Subdivider No Agent of City. Neither Subdivider nor any of Subdivider’s agents, employees, or
contractors are or shall be considered to be agents of City in connection with the performance of
Subdivider’s obligations under this Agreement.
21. General Provisions.
A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent
by registered or certified mail, return receipt requested, to the parties at their respective
addresses indicated hereon. Notices personally delivered shall be effective upon delivery.
Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of
delivery or refusal indicated on the return receipt. Either party may change its address for notices
hereunder by notice to the other given in the manner provided in this subparagraph.
B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the
heirs, executors, administrators, assigns, and successors of the parties hereto.
C. Neither party to this Agreement relies upon any warranty or representation not contained in this
Agreement.
D. This Agreement shall be governed by and interpreted with respect to the laws of the State of
California.
E. In the event of any dispute between the parties with respect to this Agreement, the prevailing
party shall be entitled to prompt payment of its reasonable attorneys' fees from the non-prevailing
party.
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F. Any failure or delay by either party in asserting any of its rights and remedies as to any default
shall not operate as a waiver of any default or of any such rights or remedies provided for
hereunder.
G. Time is of the essence in the performance of each and every provision of this Agreement.
H. The Recitals to this Agreement are hereby incorporated into and expressly made a part of the
terms of this Agreement.
I. This Agreement constitutes the entire agreement of the parties with respect to the subject matter.
All modifications, amendments, or waivers of the terms of this Agreement must be in writing and
signed by the appropriate representatives of the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first
written above.
CITY: City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
760/777-7075
________________________________ ___________________
Frank J. Spevacek, City Manager Date
ATTEST:
____________________________________________________
Susan Maysels, City Clerk
Beazer Homes Holdings Corp, a Delaware corporation
1800 E. Imperial Hwy., Suite 140
Brea, CA 92821
By: ______________________________________ ________________________________
Linda S. Edwards Date
Title: Vice President
By: _______________________________________ _______________________________
Date
Title: _______________________________________
Reviewed and Approved:
__________________________________ ____________________________
Timothy R. Jonasson, P.E., City Engineer Date
Approved as to Form:
_____________________________________ ____________________________
William H. Ihrke, City Attorney Date
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Exhibit A
SECURITY – TRACT MAP NO. 36762
OFF-SITE IMPROVEMENTS
Improvements designated as "Participatory" have been or will be constructed by others. Security for
Participatory Improvements shall remain in place indefinitely until called upon or released by City.
Monumentation security shall guarantee performance of or payment for the work and shall be utilized or
released as specified in Chapter 4, Article 9 of the Subdivision Map Act.
As elements of the work are completed, Subdivider may request a maximum of two partial releases of
performance security. Partial releases shall be for not less than ten percent (10%) of the total
performance security for the Tract and shall not reduce total performance security below the amount
necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases
of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer.
Requests for partial releases, setting forth in detail the amount of work completed and the value thereof,
shall be made in writing to the City Engineer.
Labor & materials security shall remain in place until 90 days after all required Tract improvements are
complete and accepted by the City Council.
Improvement Description Performance Labor & Materials
Street / Signing & Striping $ 3,840 $ 3,840
Sidewalk $ 2,000 $ 2,000
Driveways $ 10,710 $ 10,710
Landscaping $ 254,150 $ 254,150
Totals $ 270,700 $ 270,700
Standard 10% Contingency $ 27,070 $ 27,070
Total Construction Cost $ 297,770 $ 297,770
Professional Fees, Design 10% $ 29,777 $ 29,777
Professional Fees, Const 10% $ 29,777 $ 29,777
Bond Amount $ 357,324 $ 357,324
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CITY OF LA QUINTA
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT MAP NO. 36762
ON-SITE IMPROVEMENTS
THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this
____________________________________ day of ___________________________, 20 ___________,
by and between Beazer Homes Holdings Corp, a Delaware corporation, hereinafter referred to as
"Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter
referred to as "City."
RECITALS:
A. Subdivider has prepared and submitted to City for final approval and recordation a final map or Tract
map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is
known as Tract No. 36762 (the "Tract") pursuant to the provisions of Section 66410, et seq. of the
California Government Code (the "Subdivision Map Act"). The Subdivision Map Act and City
ordinances and regulations relating to the filing, approval and recordation of subdivision maps are
sometimes collectively referred to in this Agreement as the “Subdivision Laws.”
B. A tentative map of the Tract has been approved subject to the Subdivision Laws and to the
requirements and conditions contained in City Council Resolution No. 2015-021 (the “Resolution of
Approval”). The Resolution of Approval is on file in the office of the City Clerk and is incorporated into
this Agreement by reference.
C. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and
private improvements (the "Improvements").
D. The Improvements have not been installed and accepted at this time.
E. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the
Improvements as provided in Section 66462 of the Subdivision Map Act. In consideration of approval
of a final map for the Tract by the City Council, Subdivder desires to enter into this Agreement,
whereby Subdivider promises to install and complete, at Subdivider’s own expense, all the public
improvement work required by City in connection with the proposed Tract. Subdivider has secured
this Agreement by improvement security required by the Subdivision Laws and approved by the City.
NOW, THEREFORE, it is agreed by and between the parties hereto as follows:
1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall
furnish complete original improvement plans for the construction, installation and completion of the
Improvements meeting the requirements of the City Engineer. The Improvement Plans for the Tract
shall be maintained on file in the office of the City Engineer and shall be incorporated into this
Agreement by reference. All references in this Agreement to the Improvement Plans shall include
reference to any specifications for the Improvements as approved by the City Engineer.
2. Improvements. Subdivider shall construct the Improvements required to be constructed on the
Improvement Plans or agreed to be constructed under the Resolution of Approval and this Agreement
as more specifically described in Exhibit "A." attached hereto and expressly made a part hereof by
this reference, and shall bear the full cost thereof. The methods, standards, specifications, sequence,
and scheduling of construction shall be as approved by the City Engineer.
3. Improvement Security. Subdivder shall at all times guarantee Subdivider’s performance of this
Agreement by furnishing to City, and maintaining, good and sufficient security as required by the
Subdivision Laws on forms and in the amounts approved by City for the purposes as follows:
A. One class of security to be provided by Subdivider, hereinafter referred to as "performance
security," shall assure the faithful performance of this Agreement including construction of the
Improvements, payment of Subdivider’s fair share of Improvements which have been or will be
constructed by others (“Participatory Improvements”), and payment of plan check and permit
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fees. The performance security shall also include good and sufficient security in the amount of
one hundred percent (100%) of the estimated cost of setting subdivision monuments as stated
hereafter in this Agreement (“Monumentation Security”). A second class of security to be
provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of
the cost of labor, equipment and materials supplied to construct the Improvements. A third class
of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve
as a guarantee and warranty of the Improvements for a period of one year following the
completion and acceptance of the Improvements. Subdivider shall furnish performance and
payment security prior to and as a condition precedent to City Council approval of the Map.
Subdivider shall provide warranty security after Improvements are complete and prior to
acceptance of the Improvements by the City Council. Warranty security shall not be required for
Monumentation or Participatory Improvements. However, the City may utilize Monumentation
Security for performance of or payment for the work in accordance with the Subdivision Map Act.
As part of the obligation secured by each of the performance security, payment security and
warranty security, and in addition to the face amount of each such security, each such security
shall include and assure the payment of costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby
secured.
B. Improvement security shall conform with Section 66499 of the California Government Code and
may be one or more of the following:
1) A cash deposit with City or a responsible escrow agent or trust company, at City's option.
2) Surety bonds, of the form specified in subsection 66499.2 of the California Government
Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570
(latest version).
3) Certificates of deposit, in City's name, from one or more financial institutions subject to
regulation by the state or federal government and having a financial quality rating of "A" or
better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange
(of the Los Angeles County Treasurer's office).
4) Irrevocable letters of credit, in a form acceptable to and approved by the City Attorney, issued
by one or more financial institutions meeting the requirements of Paragraph (3), pledging that
the funds necessary to carry out the completion of the Improvements are on deposit,
guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment
by any creditor of the depositor until released by City. Letters of credit shall guarantee that all
or any portion of the funds available pursuant to the letters of credit will be paid upon the
written demand of City and that such written demand need not present documentation of any
type as a condition of payment, including proof of loss. The duration of any such letter of
credit shall be for a period of not less than one year from the execution of the agreement with
which it is provided and shall state, on its face, that the letter of credit will be automatically
renewed until such time that City authorizes its expiration or until sixty (60) days after City
receives notice from the financial institution of intent to allow expiration of the letter of credit.
5) A lien upon the subdivided property, if City finds that it would not be in the public interest to
require the installation of the Improvements sooner than two (2) years after recordation of the
final map or Tract map for which the Improvements are required. The lien shall provide a
collateral value of three (3) times the estimated cost of the Improvements and shall include
the power of sale of the real property, all buildings and improvements thereon, or that may be
erected upon or made thereto, together with all hereditaments and appurtenances thereunto
belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and
profits thereof. The collateral value of the property shall be established at Subdivider's
expense through an appraisal approved by City.
6) An instrument of credit from an agency of the state, federal or local government, when any
agency of the state, federal, or local government provides at least twenty percent (20%) of
the financing for the Improvements.
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7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind
approved for securing deposits of public moneys with City or in favor of City, as specified in
Section 16430 of the California Government Code, deposited, at City's option, with City or a
responsible escrow agent or trust company.
C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the
performance security shall equal one hundred percent (100%) of the estimated cost of
constructing the Improvements, including payment of plan check and permit fees, as estimated by
the City Engineer or a duly authorized representative of the City Engineer. The amount of
Payment security shall equal the amount of the amount of performance security, except as
otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security
shall equal Ten Percent (10%) of the amount of performance security except as otherwise set
forth in Exhibit A. The securities required by this Agreement shall be kept on file with the City
Clerk. The terms of the security documents specified in this Agreement are incorporated into this
Agreement by this reference. If any security is replaced by another approved security, the
replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been
made a part of and incorporated into this Agreement. Upon filing of a replacement security with
the City Clerk, the former security may be released. The City Engineer shall approve replacement
of security.
D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to
the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract
map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid
separately for each different form and/or source (surety or financial institution) of security initially
submitted and for substitution of securities but shall not be required for submittal of warranty
security if the warranty security is of the same form and from the same source as the
performance security it replaces. Administrative fees for security shall be as follows:
1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and
4) of SECTION 3.B., which require the establishment of evidence of the reliability of the
surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars
($150.00).
2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will
prepare lien agreements and subordination agreements, administer valuation of the real
property and administer the agreements over the life of the lien, all of which require legal
assistance and financial advice, Subdivider shall pay to City an administration fee of One Half
of One Percent (0.5%) of the estimated cost of the improvements secured but not less than
Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00).
3) For other forms of security listed in Section 3 B, above, there will be no administrative fee.
E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory
Improvements shall remain in place until the Participatory Improvements are constructed and
actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost
of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of
Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty
security shall not be required for Participatory Improvements.
Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in
replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit
said cash within 30 days of the date of the written demand from City, City may present a written
demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City
the lesser of: 1) the amount demanded, or 2) the amount of the security.
F. Security shall not expire, be reduced or become wholly or partially invalid for any reason,
including non-payment of premiums, modifications of this Agreement and/or expiration of the time
for performance stated in this Agreement.
G. Security shall be released in the following manner:
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1) Performance security shall be released upon the final completion and acceptance or
approval, by the City Council of the Improvements subject to the provisions of Section 10 of
this Agreement.
2) The City Engineer may authorize partial reduction of performance security as work
progresses, upon application by Subdivider. However, no such reduction shall be for an
amount less than Ten Percent (10%) of the total performance security provided for the faithful
performance of the act or work. In no event shall security be reduced below that required to
guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%).
The City Engineer shall not allow more than two partial reductions of security furnished for
any improvement agreement.
3) Participatory Improvement security shall be released upon payment by Subdivider of
Subdivider's share of the cost or estimated cost of the Participatory Improvements.
4) If City receives no notice of recorded claims of lien, labor and materials security shall be
released in full 90 days after final acceptance and/or approval by the City Council, of the
Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision
Map Act shall apply.
5) No security given for the guarantee or warranty of work shall be released until the expiration
of the warranty period and until any claims filed during the warranty period have been settled.
As provided in paragraph 13 of this Agreement, the warranty period shall not commence until
final acceptance of all the work and improvements by the City pursuant to Paragraph 10.
Warranty security not utilized during the warranty period shall be released one year after final
acceptance or approval by the City Council of all Improvements. However, if at the end of the
one-year warranty period, there are one or more outstanding requests by City for
performance of work or provision of materials under the terms of the warranty, warranty
security shall be retained until the outstanding requests are satisfied or until Subdivider has
made other arrangements satisfactory to the City Engineer.
6) City may retain from any security released an amount sufficient to cover costs and
reasonable expenses and fees, including reasonable attorneys’ fees.
4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits
required for that phase of work and pay all required fees. Work performed under a permit or permits
shall comply with all provisions of the required permits.
5. Off-site Improvements. When the construction of one or more of the Improvements requires or
necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its
best efforts purchase such real property at a reasonable price. In the event that Subdivider is
unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider
may request in writing that City attempt to acquire such real property. City may, but is not required to,
agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and
Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said
separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%)
of the appraised fair market value of the real property. Any unexpended portion of said advance shall
be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be
paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall
the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate
Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the
Conditions of Approval.
6. Completion of Improvements; Inspection.
6.1 Construction of Improvements. Subdivider shall begin construction of the Improvements within
ninety (90) days and shall complete construction within twelve (12) months after the approval of this
Agreement. Portions of the Improvements may be completed at a later date, as determined by the
City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of
the Improvements within the specified time periods shall constitute cause for City, in its sole
discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise
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improvement security requirements as necessary to ensure completion of the improvements, and/or
to require modifications in the standards or sequencing of the Improvements in response to changes
in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise
affect the validity of this agreement or Subdivider's obligations hereunder.
6.2 Inspection. Subdivider shall at all times maintain proper facilities and safe access for inspection
of the public improvements by City and to the shops wherein any work is in preparation. Upon
completion of the work, the Subdivider may request a final inspection by the City Engineer or the City
Engineer’s authorized representative. If the City Engineer or the designated representative
determines that the work has been completed in accordance with this Agreement, then the City
Engineer shall certify the completion of the public improvements to the City Council. No
improvements shall be finally accepted unless all aspects of the work have been inspected and
determined to have been completed in accordance with the Improvement Plans and City standards
and accepted by the City as described in Paragraph 10 of this Agreement. Subdivider shall bear all
costs of plan check, inspection and certification.
7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to
strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected
by such events will be extended by the period of such events.
8. Time Extension. Subdivider may make application in writing to the City Council for an extension of
time for completion of the Improvements. The City Council, in its sole and absolute discretion, may
approve or deny the request or conditionally approve the extension with additions or revisions to the
terms and conditions of this Agreement.
As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance
to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the
securities shall be sufficient to ensure the performance of and payment for Improvements that remain
incomplete at the time of the extension, and to provide warranty security on completed
Improvements.
9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey
monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act
and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that
the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor
setting the monuments, and intersection monument tie-outs for monuments set in public streets.
10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the
Improvements by City, Subdivider shall submit a request for final approval by City. The request shall
be accompanied by any required certifications from Subdivider's engineers or surveyors, approval
letters from other agencies having jurisdiction over and approval authority for improvements required
by this Agreement or the Conditions of Approval, and any required construction quality documentation
not previously submitted.
Upon receipt of said request, the City Engineer or a duly-authorized representative will review the
required documentation and will inspect the Improvements. If the Improvements are determined to
be in accordance with applicable City standards and specifications, and as provided herein,
obligations required by the Conditions set forth in the Resolution of Approval and this Agreement
have been satisfied, and Subdivider has provided revised plans as required in Paragraph 12,
hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council.
11. Injury to Improvements. Until such time as the Improvements are accepted by City in accordance
with Paragraph 10, Subdivider shall be responsible for and bear the risk of loss to any of the
improvements constructed or installed. Until such time as all Improvements required by this
Agreement are fully completed and accepted by City, Subdivider will be responsible for the care,
maintenance of, and any damage to such improvements. City shall not, nor shall any officer or
employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause,
happening or occurring to the work or improvements specified in this Agreement prior to the
completion and acceptance of the work or improvements. All such risks shall be the responsibility of
and are hereby assumed by Subdivider.
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12. Revisions to Plans. When the Improvements have been inspected and approved by the City
Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the
plans depict the actual Improvements constructed. When necessary revisions have been made, each
separate sheet of the plans shall be clearly marked with the words "As-Built," "As-Constructed," or
"Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the
improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to
the City Engineer.
13. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one
(1) year, beginning on the date of final acceptance of the Improvements by the City Council, against
any defective work or labor done, or defective materials furnished, and shall repair or replace such
defective work or materials. If within the warranty period any work or improvement or part of any
work or improvement done,furnished, installed, constructed or caused to be done, furnished, installed
or constructed by Subdivider fails to fulfill any of the requirements of this Agreement or the
improvement plans and specifications referred to herein, Subdivider shall without delay and without
any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or
parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this
requirement, Subdivider hereby authorizes City, at City’s sole option, to perform the work twenty (20)
days after mailing written notice of default to Subdivider and to Subidivider’s Surety, and agrees to
pay the cost of such work by City. Should City determine that an urgency requires repairs or
replacements to be made before Subdivider can be notified, City may, in its sole discretion, make the
necessary repairs or replacement or perform the necessary work and Subdivider shall pay to City the
cost of such repairs
14. Release of Security. City shall retain and release securities in accordance with the provisions of
Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require
Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may
affect the amount of payment security released.
15. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not
been performed, or commenced and diligently pursued, within sixty (60) days after written notice of
default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of
such performance by City including costs of suit and reasonable attorney's fees incurred by City in
enforcing such obligation. In cases of emergency or compelling public interest, as determined by the
City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall
be deemed waived and all other provisions of this Article shall remain in effect.
16. Injury to Public Improvements, Public Property or Public Utility Facilities. Subdivider shall replace or
have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities
facilities and surveying or subdivision monuments which are destroyed or damaged as a result of any
work performed under this Agreement. Subdivider shall bear the entire cost of replacement or repairs
of any and all public or public utility property damaged or destroyed by reason of any work done
under this Agreement, whether such property is owned by the United States or any agency thereof, or
the State of California, or any agency or political subdivision thereof, or by City or any public or
private utility corporation or by any combination of such owners. Any repair or replacement shall be to
the satisfaction, and subject to the approval, of the City Engineer.
17. Indemnification.
a. Neither City nor any and all of its officials, employees and agents (“Indemnified Parties”) shall be
liable for any injury to persons or property occasioned by reason of the acts or omissions of
Subdivider, its agents or employees in the performance of this Agreement. Subdivider further agrees
to protect and hold harmless Indemnified Parties form any and all claims, demands, causes of action,
liability or loss of any sort, including, but not limited to, attorney fees and litigation expenses, because
of, or arising out of, acts or omissions of Subdivider, its agents or employees in the performance of
this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising
out of, in whole or in part, the design of construction of the Improvements. This indemnification and
agreement to hold harmless shall extend to injuries to persons and damages or taking of property
resulting from the design or construction of said subdivision, and the public improvements as
provided herein, and in addition, to adjacent property owners as a consequence of the diversion of
waters from the design or construction of public drainage systems, streets and other public
improvements.
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b. Acceptance by City of the Improvements shall not constitute an assumption by City of any
responsibility for any damage or taking covered by this paragraph. City shall not be responsible for
the design or construction of the subdivision or the improvements pursuant to the approved
Improvement Plans or map, regardless of any negligent action or inaction taken by City in approving
the plans or map, unless the particular improvement design was specifically required by City over
written objection by Subdivider submitted to the City Engineer before approval of the particular
improvement design, which objection indicated that the particular improvement design was
dangerous or defective and suggested an alternative safe and feasible design. Except as may be
provided above, City shall not be liable for any negligence, nonfeasance, misfeasance or
malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in
approving, reviewing or inspecting any work or construction. Nothing contained in this paragraph is
intended to or shall be deemed to limit or waive any protections or immunities afforded by law to City
or any and all of its officials, employees and agents (“Indemnified Parties”), by virtue of city’s approval
of the plan or design of the Improvements, including without limitation the protections and immunities
afforded by Government Code Section 830.6. After acceptance of the improvements, Subdivider shall
remain obligated to eliminate any defect in design or dangerous condition caused by the design or
construction defect; however, Subdivider shall not be responsible for routine maintenance. Provisions
of this paragraph shall remain in full force and effect for ten (10) years following the acceptance by
City of the Improvements. It is the intent of this paragraph that Subdivider shall be responsible for all
liability for design and construction of the Improvements installed or work done pursuant to this
Agreement and that city shall not be liable for any negligence, nonfeasance, misfeasance or
malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in
approving, reviewing or inspecting any work or construction. The Improvement Security shall not be
required to cover the provisions of this paragraph.
18. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any
provision of the Conditions of Approval. In the event that any requirement or condition of this
Agreement is inconsistent with or fails to include one or more provisions of the Conditions of
Approval, which document(s) is (are) incorporated herein by reference, the provisions in the
Conditions of Approval shall remain in effect and shall control.
19. Severability. In the event that a court of competent jurisdiction determines that any provision or
provisions of this Agreement are unenforceable, all provisions not so held shall remain in full force
and effect.
20. Subdivider No Agent of City. Neither Subdivider nor any of Subdivider’s agents, employees, or
contractors are or shall be considered to be agents of City in connection with the performance of
Subdivider’s obligations under this Agreement.
21. General Provisions.
A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent
by registered or certified mail, return receipt requested, to the parties at their respective
addresses indicated hereon. Notices personally delivered shall be effective upon delivery.
Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of
delivery or refusal indicated on the return receipt. Either party may change its address for notices
hereunder by notice to the other given in the manner provided in this subparagraph.
B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the
heirs, executors, administrators, assigns, and successors of the parties hereto.
C. Neither party to this Agreement relies upon any warranty or representation not contained in this
Agreement.
D. This Agreement shall be governed by and interpreted with respect to the laws of the State of
California.
E. In the event of any dispute between the parties with respect to this Agreement, the prevailing
party shall be entitled to prompt payment of its reasonable attorneys' fees from the non-prevailing
party.
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F. Any failure or delay by either party in asserting any of its rights and remedies as to any default
shall not operate as a waiver of any default or of any such rights or remedies provided for
hereunder.
G. Time is of the essence in the performance of each and every provision of this Agreement.
H. The Recitals to this Agreement are hereby incorporated into and expressly made a part of the
terms of this Agreement.
I. This Agreement constitutes the entire agreement of the parties with respect to the subject matter.
All modifications, amendments, or waivers of the terms of this Agreement must be in writing and
signed by the appropriate representatives of the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first
written above.
CITY: City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
760/777-7075
________________________________ ___________________
Frank J. Spevacek, City Manager Date
ATTEST:
____________________________________________________
Susan Maysels, City Clerk
Beazer Homes Holdings Corp, a Delaware corporation
1800 E. Imperial Hwy., Suite 140
Brea, CA 92821
By: ______________________________________ ________________________________
Linda S. Edwards Date
Title: Vice President
By: _______________________________________ _______________________________
Date
Title: _______________________________________
Reviewed and Approved:
__________________________________ ____________________________
Timothy R. Jonasson, P.E., City Engineer Date
Approved as to Form:
_____________________________________ ____________________________
William H. Ihrke, City Attorney Date
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Exhibit A
SECURITY – TRACT MAP NO. 36762
ON-SITE IMPROVEMENTS
Improvements designated as "Participatory" have been or will be constructed by others. Security for
Participatory Improvements shall remain in place indefinitely until called upon or released by City.
Monumentation security shall guarantee performance of or payment for the work and shall be utilized or
released as specified in Chapter 4, Article 9 of the Subdivision Map Act.
As elements of the work are completed, Subdivider may request a maximum of two partial releases of
performance security. Partial releases shall be for not less than ten percent (10%) of the total
performance security for the Tract and shall not reduce total performance security below the amount
necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases
of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer.
Requests for partial releases, setting forth in detail the amount of work completed and the value thereof,
shall be made in writing to the City Engineer.
Labor & materials security shall remain in place until 90 days after all required Tract improvements are
complete and accepted by the City Council.
Improvement Description Performance Labor & Materials
Street $ 725,178 --
Storm Drain $ 179,695 --
Water $ 394,620 --
Sewer $ 304,485 --
Dry Utilities $ 913,030 --
Walls / Fence / Gates $ 40,660 --
Monumentation $ 20,000 --
Landscaping $ 587,190 --
Totals $ 3,164,858 --
Standard 10% Contingency $ 316,486 --
Total Construction Cost $ 3,481,344 --
Professional Fees, Design 10% $ 348,134 --
Professional Fees, Const 10% $ 348,134 --
Bond Amount $ 4,177,612 --
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City of La Quinta
CITY COUNCIL MEETING: JANUARY 19, 2016
STAFF REPORT
AGENDA TITLE: APPROVE PROFESSIONAL SERVICES AGREEMENT WITH VACATION RENTAL
COMPLIANCE, LLC. FOR SHORT TERM VACATION RENTAL CONSULTING SERVICES
RECOMMENDATION
Approve a Professional Services Agreement with Vacation Rental Compliance, LLC. to
assist with the City’s Short Term Vacation Rental Program.
EXECUTIVE SUMMARY
• Vacation Rental Compliance LLC. (VRC) has assisted City staff since 2012 to create,
develop, and sustain the City’s Short Term Vacation Rental Program (STVRP).
• The program has grown dramatically and is an emerging revenue source.
• VRC would work with staff to develop a national model of the STVRP by focusing on
enhanced monitoring, process refinement, public outreach, and value added
services the City may offer to vacation rental owners.
FISCAL IMPACT
The total cost of this three-year contract is $104,400; annual costs are as follows:
• Year 1 $18,000 (partial year)
• Year 2 $43,200
• Year 3 $43,200
This cost would be funded through the Community Development Professional Services
account and paid from STVRP receipts. In 2014/15 STVRP generated $1.26 million in
transient occupancy tax (TOT) revenue.
BACKGROUND/ANALYSIS
In 2012, the City initiated the STVRP to insure that the City received TOT revenue from
vacation homes and condominiums. During the season and festivals, the City monitors
and enforces occupancy, noise and other standards to ensure quiet enjoyment of
residential neighborhoods; STVRP revenue funds these services.
When the City incorporated in 1982, the City Council approved an ordinance that
established TOT rates and assessed TOT on hotels, motels, vacation rentals, fractional
rentals, and private homes and condominiums that were rented for 30 days or less.
When the STVRP was adopted, there were 25 registered properties; in 2015 there are
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1,100 properties. STVRP income was $1.26 million in 2014/15, with the potential to
increase STVRP revenue to $4 million annually over the next three years.
VRC assisted City staff with establishing STVRP and since STVRP was approved, identifies
non-compliant properties, and advises on policies, procedures, and logistics. In order to
improve the program and manage the increased demand, staff recommends retaining
VRC to :
• Expand efforts to monitor advertised properties (advertised through various
websites such as VRBO and Air BnB);
• Refine processes;
• Establish online registration and TOT reporting systems;
• Increase compliance through public outreach initiatives; and
• Identify value added services the City may offer to vacation rental owners.
VRC offers the expertise to establish the City’s STVRP as a model program by improving
upon best practices gained through their experience in working with cities across the
Coachella Valley and in the San Diego county.
ALTERNATIVES
Council may elect not to approve the agreement; however, since the City does not have
sufficient in-house resources to accommodate this program’s significant growth, staff
does not recommend this alternative.
Prepared by: Angelica Zarco, Permit Operations Supervisor
Approved by: Edie Hylton, Deputy City Manager
Attachments: 1. Professional Services Agreement
2. Vacation Rental Compliance Proposal No. 1 - Amended
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PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is made and
entered into by and between the CITY OF LA QUINTA, (“City”), a California municipal
corporation, and VACATION RENTAL COMPLIANCE, LLC. (“Consultant”). The parties
hereto agree as follows:
1.0 SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide those services related to The Short Term
Vacation Rental Program, as specified in the “Scope of Services” attached hereto as
Exhibit “A” and incorporated herein by this reference (the “Services”). Consultant
represents and warrants that Consultant is a provider of first-class services and
Consultant is experienced in performing the Services contemplated herein and, in light
of such status and experience, Consultant covenants that it shall follow the highest
professional standards in performing the Services required hereunder. For purposes of
this Agreement, the phrase “highest professional standards” shall mean those
standards of practice recognized by one or more first-class firms performing similar
services under similar circumstances.
1.2 Compliance with Law. All services rendered hereunder shall be provided in
accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of
the City and any Federal, State, or local governmental agency of competent
jurisdiction.
1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified
herein, Consultant shall obtain at its sole cost and expense such licenses, permits, and
approvals as may be required by law for the performance of the Services required by
this Agreement, including a City of La Quinta business license. Consultant and its
employees, agents, and subcontractors shall, at their sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits, and
approvals that are legally required for the performance of the Services required by this
Agreement. Consultant shall have the sole obligation to pay for any fees,
assessments, and taxes, plus applicable penalties and interest, which may be imposed
by law and arise from or are necessary for the performance of the Services required by
this Agreement, and shall indemnify, defend (with counsel selected by City), and hold
City, its elected officials, officers, employees, and agents, free and harmless against
any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed
against City hereunder. Consultant shall be responsible for all subcontractors’
compliance with this Section.
1.4 Familiarity with Work. By executing this Agreement, Consultant warrants
that (a) it has thoroughly investigated and considered the Services to be performed,
(b) it has investigated the site where the Services are to be performed, if any, and fully
acquainted itself with the conditions there existing, (c) it has carefully considered how
ATTACHMENT 1
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the Services should be performed, and (d) it fully understands the facilities, difficulties,
and restrictions attending performance of the Services under this Agreement. Should
Consultant discover any latent or unknown conditions materially differing from those
inherent in the Services or as represented by City, Consultant shall immediately inform
City of such fact and shall not proceed except at Consultant's risk until written
instructions are received from the Contract Officer (as defined in Section 4.2 hereof).
1.5 Standard of Care. Consultant acknowledges and understands that the
Services contracted for under this Agreement require specialized skills and abilities
and that, consistent with this understanding, Consultant’s work will be held to a
heightened standard of quality. Consistent with Section 1.4 hereinabove, Consultant
represents to City that it holds the necessary skills and abilities to satisfy the
heightened standard of quality as set forth in this Agreement. Consultant shall adopt
reasonable methods during the life of this Agreement to furnish continuous protection
to the Services performed by Consultant, and the equipment, materials, papers, and
other components thereof to prevent losses or damages, and shall be responsible for
all such damages, to persons or property, until acceptance of the Services by City,
except such losses or damages as may be caused by City's own negligence. The
performance of Services by Consultant shall not relieve Consultant from any obligation
to correct any incomplete, inaccurate, or defective work at no further cost to City,
when such inaccuracies are due to the negligence of Consultant.
1.6 Additional Services. In accordance with the terms and conditions of this
Agreement, Consultant shall perform services in addition to those specified in the
Scope of Services (“Additional Services”) only when directed to do so by the Contract
Officer, provided that Consultant shall not be required to perform any Additional
Services without compensation. Consultant shall not perform any Additional Services
until receiving prior written authorization from the Contract Officer, incorporating
therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this
Agreement, which said adjustments are subject to the written approval of Consultant.
It is expressly understood by Consultant that the provisions of this Section shall not
apply to the Services specifically set forth in the Scope of Services or reasonably
contemplated therein. It is specifically understood and agreed that oral requests
and/or approvals of Additional Services shall be barred and are unenforceable. Failure
of Consultant to secure the Contract Officer’s written authorization for Additional
Services shall constitute a waiver of any and all right to adjustment of the Contract
Sum or time to perform this Agreement, whether by way of compensation, restitution,
quantum meruit, or the like, for Additional Services provided without the appropriate
authorization from the Contract Officer. Compensation for properly authorized
Additional Services shall be made in accordance with Section 2.3 of this Agreement.
1.7 Special Requirements. Additional terms and conditions of this Agreement,
if any, which are made a part hereof are set forth in Exhibit “D” (the “Special
Requirements”), which is incorporated herein by this reference and expressly made a
part hereof. In the event of a conflict between the provisions of the Special
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Requirements and any other provisions of this Agreement, the provisions of the
Special Requirements shall govern.
2.0 COMPENSATION
2.1 Contract Sum. For the Services rendered pursuant to this Agreement,
Consultant shall be compensated in accordance with Exhibit “B” (the “Schedule of
Compensation”) in a total amount not to exceed One Hundred Four Thousand, Four
Hundred Dollars ($104,400.00) (the “Contract Sum”), except as provided in
Section 1.6. The method of compensation set forth in the Schedule of Compensation
may include a lump sum payment upon completion, payment in accordance with the
percentage of completion of the Services, payment for time and materials based upon
Consultant's rate schedule, but not exceeding the Contract Sum, or such other
methods as may be specified in the Schedule of Compensation. The Contract Sum
shall include the attendance of Consultant at all project meetings reasonably deemed
necessary by City; Consultant shall not be entitled to any additional compensation for
attending said meetings. Compensation may include reimbursement for actual and
necessary expenditures for reproduction costs, transportation expense, telephone
expense, and similar costs and expenses when and if specified in the Schedule of
Compensation. Regardless of the method of compensation set forth in the Schedule
of Compensation, Consultant’s overall compensation shall not exceed the Contract
Sum, except as provided in Section 1.6 of this Agreement.
2.2 Method of Billing. Any month in which Consultant wishes to receive
payment, Consultant shall submit to City no later than the tenth (10th) working day of
such month, in the form approved by City's Finance Director, an invoice for Services
rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the
Services provided, including time and materials, and (2) specify each staff member
who has provided Services and the number of hours assigned to each such staff
member. Such invoice shall contain a certification by a principal member of
Consultant specifying that the payment requested is for Services performed in
accordance with the terms of this Agreement. Subject to retention pursuant to
Section 8.3, City will pay Consultant for all items stated thereon which are approved by
City pursuant to this Agreement no later than thirty (30) days after invoices are
received by the City’s Finance Department.
2.3 Compensation for Additional Services. Additional Services approved in
advance by the Contract Officer pursuant to Section 1.6 of this Agreement shall be
paid for in an amount agreed to in writing by both City and Consultant in advance of
the Additional Services being rendered by Consultant. Any compensation for
Additional Services amounting to five percent (5%) or less of the Contract Sum may be
approved by the Contract Officer. Any greater amount of compensation for Additional
Services must be approved by the La Quinta City Council. Under no circumstances
shall Consultant receive compensation for any Additional Services unless prior written
approval for the Additional Services is obtained from the Contract Officer pursuant to
Section 1.6 of this Agreement.
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3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement. If the Services not completed in accordance with the Schedule of
Performance, as set forth in Section 3.2 and Exhibit C, it is understood that the City will
suffer damage.
3.2 Schedule of Performance. All Services rendered pursuant to this Agreement
shall be performed diligently and within the time period established in Exhibit C (the
“Schedule of Performance”). Extensions to the time period specified in the Schedule of
Performance may be approved in writing by the Contract Officer.
3.3 Force Majeure. The time period specified in the Schedule of Performance
for performance of the Services rendered pursuant to this Agreement shall be
extended because of any delays due to unforeseeable causes beyond the control and
without the fault or negligence of Consultant, including, but not restricted to, acts of
God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine
restrictions, riots, strikes, freight embargoes, acts of any governmental agency other
than City, and unusually severe weather, if Consultant shall within ten (10) days of the
commencement of such delay notify the Contract Officer in writing of the causes of
the delay. The Contract Officer shall ascertain the facts and the extent of delay, and
extend the time for performing the Services for the period of the forced delay when
and if in his or her judgment such delay is justified, and the Contract Officer's
determination shall be final and conclusive upon the parties to this Agreement.
Extensions to time period in the Schedule of Performance which are determined by
the Contract Officer to be justified pursuant to this Section shall not entitle the
Consultant to additional compensation in excess of the Contract Sum.
3.4 Term. Unless earlier terminated in accordance with Sections 8.8 or 8.9 of
this Agreement, the term of this agreement shall commence on February 1, 2016 and
terminate on June 30, 2018 (“Initial Term”). This Agreement may be extended for one
(1) additional year (s) upon mutual agreement by both parties (“Extended Term”).
4.0 COORDINATION OF WORK
4.1 Representative of Consultant. The following principals of Consultant
(“Principals”) are hereby designated as being the principals and representatives of
Consultant authorized to act in its behalf with respect to the Services specified herein
and make all decisions in connection therewith:
a. Cindy Gosselin
E-mail: vacationrentalcompliance@yahoo.com
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It is expressly understood that the experience, knowledge, capability, and
reputation of the foregoing Principals were a substantial inducement for City to enter
into this Agreement. Therefore, the foregoing Principals shall be responsible during
the term of this Agreement for directing all activities of Consultant and devoting
sufficient time to personally supervise the Services hereunder. For purposes of this
Agreement, the foregoing Principals may not be changed by Consultant and no other
personnel may be assigned to perform the Services required hereunder without the
express written approval of City.
4.2 Contract Officer. The “Contract Officer” shall be Tim Jonasson, Public Works
Director/City Engineer, or such other person as may be designated in writing by the
City Manager of City. It shall be Consultant's responsibility to assure that the Contract
Officer is kept informed of the progress of the performance of the Services, and
Consultant shall refer any decisions, that must be made by City to the Contract Officer.
Unless otherwise specified herein, any approval of City required hereunder shall mean
the approval of the Contract Officer. The Contract Officer shall have authority to sign
all documents on behalf of City required hereunder to carry out the terms of this
Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability, and reputation of Consultant, its principals, and its employees
were a substantial inducement for City to enter into this Agreement. Except as set
forth in this Agreement, Consultant shall not contract with any other entity to perform
in whole or in part the Services required hereunder without the express written
approval of City. In addition, neither this Agreement nor any interest herein may be
transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by
operation of law, without the prior written approval of City. Transfers restricted
hereunder shall include the transfer to any person or group of persons acting in
concert of more than twenty five percent (25%) of the present ownership and/or
control of Consultant, taking all transfers into account on a cumulative basis. Any
attempted or purported assignment or contracting by Consultant without City’s
express written approval shall be null, void, and of no effect. No approved transfer
shall release Consultant of any liability hereunder without the express consent of City.
4.4 Independent Contractor. Neither City nor any of its employees shall have
any control over the manner, mode, or means by which Consultant, its agents, or its
employees, perform the Services required herein, except as otherwise set forth herein.
City shall have no voice in the selection, discharge, supervision, or control of
Consultant’s employees, servants, representatives, or agents, or in fixing their number
or hours of service. Consultant shall perform all Services required herein as an
independent contractor of City and shall remain at all times as to City a wholly
independent contractor with only such obligations as are consistent with that role.
Consultant shall not at any time or in any manner represent that it or any of its agents
or employees are agents or employees of City. City shall not in any way or for any
purpose become or be deemed to be a partner of Consultant in its business or
otherwise or a joint venturer or a member of any joint enterprise with Consultant.
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Consultant shall have no power to incur any debt, obligation, or liability on behalf of
City. Consultant shall not at any time or in any manner represent that it or any of its
agents or employees are agents or employees of City. Except for the Contract Sum
paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or
other compensation to Consultant for performing the Services hereunder for City. City
shall not be liable for compensation or indemnification to Consultant for injury or
sickness arising out of performing the Services hereunder. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary,
Consultant and any of its employees, agents, and subcontractors providing services
under this Agreement shall not qualify for or become entitled to any compensation,
benefit, or any incident of employment by City, including but not limited to eligibility to
enroll in the California Public Employees Retirement System (“PERS”) as an employee
of City and entitlement to any contribution to be paid by City for employer
contributions and/or employee contributions for PERS benefits. Consultant agrees to
pay all required taxes on amounts paid to Consultant under this Agreement, and to
indemnify and hold City harmless from any and all taxes, assessments, penalties, and
interest asserted against City by reason of the independent contractor relationship
created by this Agreement. Consultant shall fully comply with the workers’
compensation laws regarding Consultant and Consultant’s employees. Consultant
further agrees to indemnify and hold City harmless from any failure of Consultant to
comply with applicable workers’ compensation laws. City shall have the right to offset
against the amount of any payment due to Consultant under this Agreement any
amount due to City from Consultant as a result of Consultant’s failure to promptly pay
to City any reimbursement or indemnification arising under this Section.
4.5 Identity of Persons Performing Work. Consultant represents that it employs
or will employ at its own expense all personnel required for the satisfactory
performance of any and all of the Services set forth herein. Consultant represents that
the Services required herein will be performed by Consultant or under its direct
supervision, and that all personnel engaged in such work shall be fully qualified and
shall be authorized and permitted under applicable State and local law to perform
such tasks and services.
4.6 City Cooperation. City shall provide Consultant with any plans, publications,
reports, statistics, records, or other data or information pertinent to the Services to be
performed hereunder which are reasonably available to Consultant only from or
through action by City.
5.0 INSURANCE
5.1 Insurance. Prior to the beginning of any Services under this Agreement and
throughout the duration of the term of this Agreement, Consultant shall procure and
maintain, at its sole cost and expense, and submit concurrently with its execution of
this Agreement, policies of insurance as set forth in Exhibit E (the “Insurance
Requirements”) which is incorporated herein by this reference and expressly made a
part hereof.
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6.0 INDEMNIFICATION.
6.1 Indemnification. To the fullest extent permitted by law, Consultant shall
indemnify, protect, defend (with counsel selected by City), and hold harmless City and
any and all of its officers, employees, agents, and volunteers as set forth in Exhibit F
(“Indemnification”) which is incorporated herein by this reference and expressly made
a part hereof.
7.0 RECORDS AND REPORTS.
7.1 Reports. Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning Consultant's performance of the Services required by
this Agreement as the Contract Officer shall require. Consultant hereby acknowledges
that City is greatly concerned about the cost of the Services to be performed pursuant
to this Agreement. For this reason, Consultant agrees that if Consultant becomes
aware of any facts, circumstances, techniques, or events that may or will materially
increase or decrease the cost of the Services contemplated herein or, if Consultant is
providing design services, the cost of the project being designed, Consultant shall
promptly notify the Contract Officer of said fact, circumstance, technique, or event
and the estimated increased or decreased cost related thereto and, if Consultant is
providing design services, the estimated increased or decreased cost estimate for the
project being designed.
7.2 Records. Consultant shall keep, and require any subcontractors to keep,
such ledgers, books of accounts, invoices, vouchers, canceled checks, reports
(including but not limited to payroll reports), studies, or other documents relating to
the disbursements charged to City and the Services performed hereunder (the “Books
and Records”), as shall be necessary to perform the Services required by this
Agreement and enable the Contract Officer to evaluate the performance of such
Services. Any and all such Books and Records shall be maintained in accordance with
generally accepted accounting principles and shall be complete and detailed. The
Contract Officer shall have full and free access to such Books and Records at all times
during normal business hours of City, including the right to inspect, copy, audit, and
make records and transcripts from such Books and Records. Such Books and Records
shall be maintained for a period of three (3) years following completion of the Services
hereunder, and City shall have access to such Books and Records in the event any
audit is required. In the event of dissolution of Consultant’s business, custody of the
Books and Records may be given to City, and access shall be provided by Consultant’s
successor in interest. Under California Government Code Section 8546.7, if the
amount of public funds expended under this Agreement exceeds Ten Thousand
Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of
the State Auditor, at the request of City or as part of any audit of City, for a period of
three (3) years after final payment under this Agreement.
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7.3 Ownership of Documents. All drawings, specifications, maps, designs,
photographs, studies, surveys, data, notes, computer files, reports, records,
documents, and other materials plans, drawings, estimates, test data, survey results,
models, renderings, and other documents or works of authorship fixed in any tangible
medium of expression, including but not limited to, physical drawings, digital
renderings, or data stored digitally, magnetically, or in any other medium prepared or
caused to be prepared by Consultant, its employees, subcontractors, and agents in the
performance of this Agreement (the “Documents and Materials”) shall be the property
of City and shall be delivered to City upon request of the Contract Officer or upon the
expiration or termination of this Agreement, and Consultant shall have no claim for
further employment or additional compensation as a result of the exercise by City of
its full rights of ownership use, reuse, or assignment of the Documents and Materials
hereunder. Any use, reuse or assignment of such completed Documents and
Materials for other projects and/or use of uncompleted documents without specific
written authorization by Consultant will be at City’s sole risk and without liability to
Consultant, and Consultant’s guarantee and warranties shall not extend to such use,
revise, or assignment. Consultant may retain copies of such Documents and Materials
for its own use. Consultant shall have an unrestricted right to use the concepts
embodied therein. All subcontractors shall provide for assignment to City of any
Documents and Materials prepared by them, and in the event Consultant fails to
secure such assignment, Consultant shall indemnify City for all damages resulting
therefrom.
In the event City or any person, firm, or corporation authorized by City reuses said
Documents and Materials without written verification or adaptation by Consultant for
the specific purpose intended and causes to be made or makes any changes or
alterations in said Documents and Materials, City hereby releases, discharges, and
exonerates Consultant from liability resulting from said change. The provisions of this
clause shall survive the termination or expiration of this Agreement and shall
thereafter remain in full force and effect.
7.4 Release of Documents. The Documents and Materials shall not be released
publicly without the prior written approval of the Contract Officer or as required by
law. Consultant shall not disclose to any other entity or person any information
regarding the activities of City, except as required by law or as authorized by City.
8.0 ENFORCEMENT OF AGREEMENT.
8.1 California Law. This Agreement shall be interpreted, construed, and
governed both as to validity and to performance of the parties in accordance with the
laws of the State of California. Legal actions concerning any dispute, claim, or matter
arising out of or in relation to this Agreement shall be instituted in the Superior Court
of the County of Riverside, State of California, or any other appropriate court in such
county, and Consultant covenants and agrees to submit to the personal jurisdiction of
such court in the event of such action.
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8.2 Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party in writing of its contentions by submitting a
claim therefore. The injured party shall continue performing its obligations hereunder
so long as the injuring party commences to cure such default within ten (10) days of
service of such notice and completes the cure of such default within forty-five (45)
days after service of the notice, or such longer period as may be permitted by the
Contract Officer; provided that if the default is an immediate danger to the health,
safety, or general welfare, City may take such immediate action as City deems
warranted. Compliance with the provisions of this Section shall be a condition
precedent to termination of this Agreement for cause and to any legal action, and
such compliance shall not be a waiver of any party's right to take legal action in the
event that the dispute is not cured, provided that nothing herein shall limit City's right
to terminate this Agreement without cause pursuant to Section 8.8. During the period
of time that Consultant is in default, City shall hold all invoices and shall, when the
default is cured, proceed with payment on the invoices. In the alternative, City may, in
its sole discretion, elect to pay some or all of the outstanding invoices during any
period of default.
8.3 Retention of Funds. City may withhold from any monies payable to
Consultant sufficient funds to compensate City for any losses, costs, liabilities, or
damages it reasonably believes were suffered by City due to the default of Consultant
in the performance of the Services required by this Agreement.
8.4 Waiver. No delay or omission in the exercise of any right or remedy of a
non-defaulting party on any default shall impair such right or remedy or be construed
as a waiver. City's consent or approval of any act by Consultant requiring City's
consent or approval shall not be deemed to waive or render unnecessary City's
consent to or approval of any subsequent act of Consultant. Any waiver by either
party of any default must be in writing and shall not be a waiver of any other default
concerning the same or any other provision of this Agreement.
8.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and
remedies of the parties are cumulative and the exercise by either party of one or more
of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other
default by the other party.
8.6 Legal Action. In addition to any other rights or remedies, either party may
take legal action, at law or at equity, to cure, correct, or remedy any default, to
recover damages for any default, to compel specific performance of this Agreement,
to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with
the purposes of this Agreement.
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8.7 Termination Prior To Expiration Of Term. This Section shall govern any
termination of this Agreement, except as specifically provided in the following
Section 8.9 for termination for cause. City reserves the right to terminate this
Agreement at any time, with or without cause, upon thirty (30) days' written notice to
Consultant. Upon receipt of any notice of termination, Consultant shall immediately
cease all Services hereunder except such as may be specifically approved by the
Contract Officer. Consultant shall be entitled to compensation for all Services
rendered prior to receipt of the notice of termination and for any Services authorized
by the Contract Officer thereafter in accordance with the Schedule of Compensation or
such as may be approved by the Contract Officer, except as provided in Section 8.3.
8.8 Termination for Default of Consultant. If termination is due to the failure of
Consultant to fulfill its obligations under this Agreement, City may, after compliance
with the provisions of Section 8.2, take over the Services and prosecute the same to
completion by contract or otherwise, and Consultant shall be liable to the extent that
the total cost for completion of the Services required hereunder exceeds the
compensation herein stipulated (provided that City shall use reasonable efforts to
mitigate such damages), and City may withhold any payments to Consultant for the
purpose of setoff or partial payment of the amounts owed City as previously stated in
Section 8.3.
8.9 Attorneys' Fees. If either party to this Agreement is required to initiate or
defend or made a party to any action or proceeding in any way connected with this
Agreement, the prevailing party in such action or proceeding, in addition to any other
relief which may be granted, whether legal or equitable, shall be entitled to
reasonable attorneys’ fees; provided, however, that the attorneys’ fees awarded
pursuant to this Section shall not exceed the hourly rate paid by City for legal services
multiplied by the reasonable number of hours spent by the prevailing party in the
conduct of the litigation. Attorneys’ fees shall include attorneys’ fees on any appeal,
and in addition a party entitled to attorneys’ fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and discovery, and
all other necessary costs the court allows which are incurred in such litigation. All
such fees shall be deemed to have accrued on commencement of such action and
shall be enforceable whether or not such action is prosecuted to judgment. The court
may set such fees in the same action or in a separate action brought for that purpose.
9.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
9.1 Non-liability of City Officers and Employees. No officer, official, employee,
agent, representative, or volunteer of City shall be personally liable to Consultant, or
any successor in interest, in the event or any default or breach by City or for any
amount which may become due to Consultant or to its successor, or for breach of any
obligation of the terms of this Agreement.
9.2 Conflict of Interest. Consultant covenants that neither it, nor any officer or
principal of it, has or shall acquire any interest, directly or indirectly, which would
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conflict in any manner with the interests of City or which would in any way hinder
Consultant’s performance of the Services under this Agreement. Consultant further
covenants that in the performance of this Agreement, no person having any such
interest shall be employed by it as an officer, employee, agent, or subcontractor
without the express written consent of the Contract Officer. Consultant agrees to at
all times avoid conflicts of interest or the appearance of any conflicts of interest with
the interests of City in the performance of this Agreement.
No officer or employee of City shall have any financial interest, direct or
indirect, in this Agreement nor shall any such officer or employee participate in any
decision relating to this Agreement which effects his financial interest or the financial
interest of any corporation, partnership or association in which he is, directly or
indirectly, interested, in violation of any State statute or regulation. Consultant
warrants that it has not paid or given and will not pay or give any third party any
money or other consideration for obtaining this Agreement.
9.3 Covenant against Discrimination. Consultant covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through them,
that there shall be no discrimination against or segregation of, any person or group of
persons on account of any impermissible classification including, but not limited to,
race, color, creed, religion, sex, marital status, sexual orientation, national origin, or
ancestry in the performance of this Agreement. Consultant shall take affirmative
action to insure that applicants are employed and that employees are treated during
employment without regard to their race, color, creed, religion, sex, marital status,
sexual orientation, national origin, or ancestry.
10.0 MISCELLANEOUS PROVISIONS
10.1 Notice. Any notice, demand, request, consent, approval, or communication
either party desires or is required to give the other party or any other person shall be
in writing and either served personally or sent by prepaid, first-class mail to the
address set forth below. Either party may change its address by notifying the other
party of the change of address in writing. Notice shall be deemed communicated
forty-eight (48) hours from the time of mailing if mailed as provided in this Section.
To City: To Consultant:
CITY OF LA QUINTA Vacation Rental Compliance, LLC.
Attention: Frank Spevacek, Attention: Cindy Gosselin
City Manager President
78-495 Calle Tampico 78-877 Dinah Shore Drive, Ste. 103
La Quinta, California 92253 Rancho Mirage, California 92270
10.2 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
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against either party by reason of the authorship of this Agreement or any other rule of
construction which might otherwise apply.
10.3 Section Headings and Subheadings. The section headings and subheadings
contained in this Agreement are included for convenience only and shall not limit or
otherwise affect the terms of this Agreement.
10.4 Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed to be an original, and such counterparts shall constitute one
and the same instrument
10.5 Integrated Agreement. This Agreement including the exhibits hereto is the
entire, complete, and exclusive expression of the understanding of the parties. It is
understood that there are no oral agreements between the parties hereto affecting
this Agreement and this Agreement supersedes and cancels any and all previous
negotiations, arrangements, agreements, and understandings, if any, between the
parties, and none shall be used to interpret this Agreement.
10.6 Amendment. No amendment to or modification of this Agreement shall be
valid unless made in writing and approved by Consultant and by the City Council of
City. The parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
10.7 Severability. In the event that any one or more of the articles, phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be
declared invalid or unenforceable, such invalidity or unenforceability shall not affect
any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of
this Agreement which are hereby declared as severable and shall be interpreted to
carry out the intent of the parties hereunder unless the invalid provision is so material
that its invalidity deprives either party of the basic benefit of their bargain or renders
this Agreement meaningless.
10.8 Unfair Business Practices Claims. In entering into this Agreement,
Consultant offers and agrees to assign to City all rights, title, and interest in and to all
causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or
under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of
Division 7 of the Business and Professions Code), arising from purchases of goods,
services, or materials related to this Agreement. This assignment shall be made and
become effective at the time City renders final payment to Consultant without further
acknowledgment of the parties.
10.9 No Third Party Beneficiaries. With the exception of the specific provisions
set forth in this Agreement, there are no intended third-party beneficiaries under this
Agreement and no such other third parties shall have any rights or obligations
hereunder.
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10.10 Authority. The persons executing this Agreement on behalf of each of the
parties hereto represent and warrant that (i) such party is duly organized and existing,
(ii) they are duly authorized to execute and deliver this Agreement on behalf of said
party, (iii) by so executing this Agreement, such party is formally bound to the
provisions of this Agreement, and (iv) that entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This
Agreement shall be binding upon the heirs, executors, administrators, successors, and
assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
CITY OF LA QUINTA,
a California municipal corporation
By: __________________________________
FRANK J. SPEVACEK, City Manager
Dated:
CONSULTANT:
VACATION RENTAL COMPLIANCE, LLC.
By: _________________________________
Name: CINDY GOSSELIN
Title: President
Dated:
ATTEST:
SUSAN MAYSELS, City Clerk
La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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Exhibit A
Scope of Services
1. Services to be Provided:
• Continue to identify and contact new owners and management
companies for compliance.
• Work with Code Compliance to issue notice/citation(s) to new owners
and management companies who are non-compliant.
• Populate the City Master list and email distribution list. Provide weekly
phone list to Code Compliance and the hotline phone service.
• Follow up on concerns from residents regarding possible illegal vacation
rentals and rentals that are not operating within the guidelines of the
City Ordinance.
• Identify homes advertised on Air BnB.
• Identify existing Management Companies and Owner Operators who fail
to file TOT returns. Contact Owners for compliance. Forward non-
compliant Owner Operator information to Code Compliance to issue
notice/citation(s).
• Identify existing Management Companies and Owner Operators who fail
to renew their Business License and/or Vacation Rental Permit. Contact
Owners for compliance. Forward non-compliant Owner Operator
information to Code Compliance to issue notice/citation(s).
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Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in
Section 2.3 of this Agreement, the maximum total compensation to be paid to
Consultant under this Agreement is One Hundred Four Thousand, Four Hundred
Dollars ($104,400.00) (“Contract Sum”) to be allocated as follows:
Year 1 (2015/2016) $18,000
Year 2 (2016/2017) $43,200
Year 3 (2017/2018) $43,200
The Contract Sum shall be paid to Consultant in installment payments made on a
monthly basis and in an amount identified in Consultant’s schedule of compensation
attached hereto for the work tasks performed and properly invoiced by Consultant in
conformance with Section 2.2 of this Agreement.
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Exhibit C
Schedule of Performance
None
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Exhibit D
Special Requirements
None
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Exhibit E
Insurance Requirements
E.1 Insurance. Prior to the beginning of and throughout the duration of this
Agreement, the following policies shall be maintained and kept in full force and effect
providing insurance with minimum limits as indicated below and issued by insurers
with A.M. Best ratings of no less than A-:VI:
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Errors and Omissions Liability
$1,000,000 (per claim and aggregate)
Workers’ Compensation
(per statutory requirements)
Consultant shall procure and maintain, at its cost, and submit concurrently
with its execution of this Agreement, Commercial General Liability insurance against
all claims for injuries against persons or damages to property resulting from
Consultant's acts or omissions rising out of or related to Consultant's performance
under this Agreement. The insurance policy shall contain a severability of interest
clause providing that the coverage shall be primary for losses arising out of
Consultant's performance hereunder and neither City nor its insurers shall be required
to contribute to any such loss. A certificate evidencing the foregoing and naming City
and its officers and employees as additional insured (on the Commercial General
Liability policy only) shall be delivered to and approved by City prior to
commencement of the services hereunder.
Consultant shall carry automobile liability insurance of $1,000,000 per
accident against all claims for injuries against persons or damages to property arising
out of the use of any automobile by Consultant, its officers, any person directly or
indirectly employed by Consultant, any subcontractor or agent, or anyone for whose
acts any of them may be liable, arising directly or indirectly out of or related to
Consultant's performance under this Agreement. If Consultant or Consultant’s
employees will use personal autos in any way on this project, Consultant shall provide
evidence of personal auto liability coverage for each such person. The term
“automobile” includes, but is not limited to, a land motor vehicle, trailer or semi-trailer
designed for travel on public roads. The automobile insurance policy shall contain a
severability of interest clause providing that coverage shall be primary for losses
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arising out of Consultant's performance hereunder and neither City nor its insurers
shall be required to contribute to such loss.
Professional Liability or Errors and Omissions Insurance as appropriate shall
be written on a policy form coverage specifically designed to protect against acts,
errors or omissions of the consultant and “Covered Professional Services” as
designated in the policy must specifically include work performed under this
agreement. The policy limit shall be no less than $1,000,000 per claim and in the
aggregate. The policy must “pay on behalf of” the insured and must include a
provision establishing the insurer’s duty to defend. The policy retroactive date shall be
on or before the effective date of this agreement.
Consultant shall carry Workers' Compensation Insurance in accordance
with State Worker's Compensation laws with employer’s liability limits no less than
$1,000,000 per accident or disease.
Consultant shall provide written notice to City within ten (10) working days
if: (1) any of the required insurance policies is terminated; (2) the limits of any of the
required polices are reduced; or (3) the deductible or self-insured retention is
increased. In the event any of said policies of insurance are cancelled, Consultant
shall, prior to the cancellation date, submit new evidence of insurance in conformance
with this Exhibit to the Contract Officer. The procuring of such insurance or the
delivery of policies or certificates evidencing the same shall not be construed as a
limitation of Consultant’s obligation to indemnify City, its officers, employees,
contractors, subcontractors, or agents.
E.2 Remedies. In addition to any other remedies City may have if Consultant
fails to provide or maintain any insurance policies or policy endorsements to the
extent and within the time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this Agreement.
b. Order Consultant to stop work under this Agreement and/or withhold
any payment(s) which become due to Consultant hereunder until Consultant
demonstrates compliance with the requirements hereof.
c. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to any
other remedies City may have. The above remedies are not the exclusive remedies for
Consultant's failure to maintain or secure appropriate policies or endorsements.
Nothing herein contained shall be construed as limiting in any way the extent to
which Consultant may be held responsible for payments of damages to persons or
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property resulting from Consultant's or its subcontractors' performance of work under
this Agreement.
E.3 General Conditions Pertaining to Provisions of Insurance Coverage by
Consultant. Consultant and City agree to the following with respect to insurance
provided by Consultant:
1. Consultant agrees to have its insurer endorse the third party general
liability coverage required herein to include as additional insureds City, its officials,
employees, and agents, using standard ISO endorsement No. CG 2010 with an edition
prior to 1992. Consultant also agrees to require all contractors, and subcontractors to
do likewise.
2. No liability insurance coverage provided to comply with this
Agreement shall prohibit Consultant, or Consultant’s employees, or agents, from
waiving the right of subrogation prior to a loss. Consultant agrees to waive
subrogation rights against City regardless of the applicability of any insurance
proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Consultant and
available or applicable to this Agreement are intended to apply to the full extent of
the policies. Nothing contained in this Agreement or any other agreement relating to
City or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with
these requirements if they include any limiting endorsement of any kind that has not
been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would
serve to eliminate so-called “third party action over” claims, including any exclusion
for bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval,
modification and additional requirements by the City, as the need arises. Consultant
shall not make any reductions in scope of coverage (e.g. elimination of contractual
liability or reduction of discovery period) that may affect City’s protection without
City’s prior written consent.
7. Proof of compliance with these insurance requirements, consisting of
certificates of insurance evidencing all of the coverages required and an additional
insured endorsement to Consultant’s general liability policy, shall be delivered to City
at or prior to the execution of this Agreement. In the event such proof of any
insurance is not delivered as required, or in the event such insurance is canceled at
any time and no replacement coverage is provided, City has the right, but not the
duty, to obtain any insurance it deems necessary to protect its interests under this or
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any other agreement and to pay the premium. Any premium so paid by City shall be
charged to and promptly paid by Consultant or deducted from sums due Consultant,
at City option.
8. It is acknowledged by the parties of this agreement that all insurance
coverage required to be provided by Consultant or any subcontractor, is intended to
apply first and on a primary, non-contributing basis in relation to any other insurance
or self-insurance available to City.
9. Consultant agrees to ensure that subcontractors, and any other party
involved with the project that is brought onto or involved in the project by Consultant,
provide the same minimum insurance coverage required of Consultant. Consultant
agrees to monitor and review all such coverage and assumes all responsibility for
ensuring that such coverage is provided in conformity with the requirements of this
section. Consultant agrees that upon request, all agreements with subcontractors
and others engaged in the project will be submitted to City for review.
10. Consultant agrees not to self-insure or to use any self-insured
retentions or deductibles on any portion of the insurance required herein (with the
exception of professional liability coverage, if required) and further agrees that it will
not allow any contractor, subcontractor, Architect, Engineer or other entity or person
in any way involved in the performance of work on the project contemplated by this
agreement to self-insure its obligations to City. If Consultant’s existing coverage
includes a deductible or self-insured retention, the deductible or self-insured retention
must be declared to the City. At that time the City shall review options with the
Consultant, which may include reduction or elimination of the deductible or self-
insured retention, substitution of other coverage, or other solutions.
11. The City reserves the right at any time during the term of this
Agreement to change the amounts and types of insurance required by giving the
Consultant ninety (90) days advance written notice of such change. If such change
results in substantial additional cost to the Consultant, the City will negotiate
additional compensation proportional to the increased benefit to City.
12. For purposes of applying insurance coverage only, this Agreement will
be deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
13. Consultant acknowledges and agrees that any actual or alleged
failure on the part of City to inform Consultant of non-compliance with any insurance
requirement in no way imposes any additional obligations on City nor does it waive
any rights hereunder in this or any other regard.
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14. Consultant will renew the required coverage annually as long as City,
or its employees or agents face an exposure from operations of any type pursuant to
this agreement. This obligation applies whether or not the agreement is canceled or
terminated for any reason. Termination of this obligation is not effective until City
executes a written statement to that effect.
15. Consultant shall provide proof that policies of insurance required
herein expiring during the term of this Agreement have been renewed or replaced
with other policies providing at least the same coverage. Proof that such coverage
has been ordered shall be submitted prior to expiration. A coverage binder or letter
from Consultant’s insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these specifications
applicable to the renewing or new coverage must be provided to City within five (5)
days of the expiration of coverages.
16. The provisions of any workers’ compensation or similar act will not
limit the obligations of Consultant under this agreement. Consultant expressly agrees
not to use any statutory immunity defenses under such laws with respect to City, its
employees, officials, and agents.
17. Requirements of specific coverage features or limits contained in this
section are not intended as limitations on coverage, limits or other requirements nor
as a waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a given
issue, and is not intended by any party or insured to be limiting or all-inclusive.
18. These insurance requirements are intended to be separate and
distinct from any other provision in this Agreement and are intended by the parties
here to be interpreted as such.
19. The requirements in this Exhibit supersede all other sections and
provisions of this Agreement to the extent that any other section or provision conflicts
with or impairs the provisions of this Exhibit.
20. Consultant agrees to be responsible for ensuring that no contract used
by any party involved in any way with the project reserves the right to charge City or
Consultant for the cost of additional insurance coverage required by this agreement.
Any such provisions are to be deleted with reference to City. It is not the intent of City
to reimburse any third party for the cost of complying with these requirements. There
shall be no recourse against City for payment of premiums or other amounts with
respect thereto.
21. Consultant agrees to provide immediate notice to City of any claim or
loss against Consultant arising out of the work performed under this agreement. City
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assumes no obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve City.
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Exhibit F
Indemnification
F.1 General Indemnification Provision.
a. Indemnification for Professional Liability. When the law establishes a
professional standard of care for Consultant’s Services, to the fullest extent permitted
by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and
hold harmless City and any and all of its officials, employees, and agents
(“Indemnified Parties”) from and against any and all claims, losses, liabilities of every
kind, nature, and description, damages, injury (including, without limitation, injury to
or death of an employee of Consultant or of any subcontractor), costs and expenses of
any kind, whether actual, alleged or threatened, including, without limitation,
incidental and consequential damages, court costs, attorneys’ fees, litigation
expenses, and fees of expert consultants or expert witnesses incurred in connection
therewith and costs of investigation, to the extent same are cause in whole or in part
by any negligent or wrongful act, error or omission of Consultant, its officers, agents,
employees or subcontractors (or any entity or individual that Consultant shall bear the
legal liability thereof) in the performance of professional services under this
agreement. With respect to the design of public improvements, the Consultant shall
not be liable for any injuries or property damage resulting from the reuse of the design
at a location other than that specified in Exhibit A without the written consent of the
Consultant.
b. Indemnification for Other Than Professional Liability. Other than in
the performance of professional services and to the full extent permitted by law,
Consultant shall indemnify, defend (with counsel selected by City), and hold harmless
the Indemnified Parties from and against any liability (including liability for claims,
suits, actions, arbitration proceedings, administrative proceedings, regulatory
proceedings, losses, expenses or costs of any kind, whether actual, alleged or
threatened, including, without limitation, incidental and consequential damages,
court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or
expert witnesses) incurred in connection therewith and costs of investigation, where
the same arise out of, are a consequence of, or are in any way attributable to, in whole
or in part, the performance of this Agreement by Consultant or by any individual or
entity for which Consultant is legally liable, including but not limited to officers,
agents, employees, or subcontractors of Consultant.
F.2 Standard Indemnification Provisions. Consultant agrees to obtain executed
indemnity agreements with provisions identical to those set forth herein this section
from each and every subcontractor or any other person or entity involved by, for, with
or on behalf of Consultant in the performance of this Agreement. In the event
Consultant fails to obtain such indemnity obligations from others as required herein,
Consultant agrees to be fully responsible according to the terms of this Exhibit. Failure
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of City to monitor compliance with these requirements imposes no additional
obligations on City and will in no way act as a waiver of any rights hereunder. This
obligation to indemnify and defend City as set forth herein is binding on the
successors, assigns or heirs of Consultant and shall survive the termination of this
agreement or this section.
a. Indemnity Provisions for Contracts Related to Construction. Without
affecting the rights of City under any provision of this agreement, Consultant shall not
be required to indemnify and hold harmless City for liability attributable to the active
negligence of City, provided such active negligence is determined by agreement
between the parties or by the findings of a court of competent jurisdiction. In
instances where City is shown to have been actively negligent and where City’s active
negligence accounts for only a percentage of the liability involved, the obligation of
Consultant will be for that entire portion or percentage of liability not attributable to
the active negligence of City.
b.
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City of La Quinta
CITY COUNCIL MEETING: January 19, 2016
STAFF REPORT
AGENDA TITLE: APPROVE REIMBURSEMENT AGREEMENT WITH ND LA QUINTA PARTNERS,
LLC FOR STREET IMPROVEMENTS ON MADISON STREET ASSOCIATED WITH THE HIDEAWAY
DEVELOPMENT (TRACT MAP NO. 29894)
RECOMMENDATION
Approve a reimbursement agreement for off-site street improvements on Madison Street,
between Avenues 52 and 54, associated with the Hideaway development and authorize
the City Manager to execute said agreement.
EXECUTIVE SUMMARY
ND La Quinta Partners, LLC. (Developer), developer of Hideaway residential
development, was conditioned to construct street improvements on the west half
of Madison Street, between Avenues 52 and 54.
Portions of these street improvements on Madison Street are eligible for
Development Impact Fee (DIF) fund reimbursement.
Staff has verified the expenditures and their eligibility for reimbursement.
FISCAL IMPACT
The Developer would be reimbursed $418,399.50 from future Transportation DIF funds.
The City is under no obligation, however, to reimburse the Developer at a date certain.
BACKGROUND/ANALYSIS
The Hideaway residential development is located west of Madison Street, south of Avenue
52, east of Jefferson Street, and north of Avenue 54 (Attachment 1). The Developer is
conditioned to construct the west half of the street improvements on Madison Street,
between Avenues 52 and 54. The outside lane, sidewalk, and parkway landscaping are
project mitigation measures. However, the inside travel lane is eligible for DIF fund
reimbursement; the attached reimbursement agreement (Attachment 2) details the
rational and amount to be reimbursed.
Staff has verified the Developer’s expenditures and their eligibility. The Developer
submitted the executed reimbursement agreement in September 2015.
ALTERNATIVES
The Council may choose not to approve the reimbursement agreement. However, since
the City required the Developer to construct improvements and the Developer is entitled
to future reimbursement, staff does not recommend any alternative action.
CONSENT CALENDAR ITEM NO.
169
Prepared by: Bryan McKinney, P.E., Principal Engineer
Approved by: Timothy R. Jonasson, P.E., Public Works Director/City Engineer
Attachments: 1. Vicinity Map
2. Reimbursement Agreement
170
V I C I N I T Y M A P
NOT TO SCALE
ATTACHMENT 1
TM 29894 – hideaway
AVE 54
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City of La Quinta
CITY COUNCIL MEETING: January 19, 2016
STAFF REPORT
AGENDA TITLE: ACCEPT MONROE STREET PAVEMENT REHABILITATION IMPROVEMENTS
RECOMMENDATION
Accept the Monroe Street Pavement Rehabilitation Improvements project as 100 percent
complete; authorize the City Clerk to file a Notice of Completion with the Office of the
County Recorder; and authorize staff to release retention in the amount of $11,177,
thirty-five days after the Notice of Completion is recorded.
EXECUTIVE SUMMARY
This project included the removal and replacement of the asphalt, concrete, and
curb ramps as well as shoulder grading on Monroe Street from Avenue 54 to just
south of Mountain View Lane/Avenue 55 (Attachment 1).
Staff requests Council acceptance of the improvements to complete the contract
and allow final payment.
FISCAL IMPACT
The following is the financial accounting for this project:
Awarded Contract Amount $ 210,000
Contract Change Order Nos. 1 and 2 $ 13,542
Final Contract Amount $ 223,542
Project Budget $ 350,000
Final Contract Amount ($ 223,542)
Design, Professional, & Personnel Costs ($ 22,182)
Inspection, Plans, & Other Misc. Construction Costs ($ 4,783)
Anticipated Funds Remaining*$ 99,493
* All costs to date have been accounted for and no further costs are anticipated
Adequate funding exists to close this project out.
CONSENT CALENDAR ITEM NO.
185
BACKGROUND/ANALYSIS
This project included overlaying the southbound lane of Monroe Street from Avenue 54 to
Mountain View Lane/Avenue 55. On August 4, 2015, Council awarded a contract to
Matich Corporation for the Monroe Street Pavement Rehabilitation Improvements (Project
No. 2014-16).
On September 29, 2015, a Notice to Proceed was issued with a 20 working day contract
completion time from October 12, 2015 to November 6, 2015. The project was deemed
substantially complete on November 6, 2015. Per the project specifications, no liquidated
damages or early completion incentives are recommended.
Contract Change Order Nos. 1 and 2 were issued for minor striping modifications and a
contract quantity adjustment between the bid and the actual quantities installed, all of
which were covered by the project’s contingency budget. Construction is 100 percent
complete; therefore, staff recommends acceptance of the project.
ALTERNATIVES
Since the project has been constructed and reviewed for conformance to the plans and
specifications, staff does not recommend an alternative.
Prepared by: Ed Wimmer, P.E., Principal Engineer
Approved by: Timothy R. Jonasson, P.E., Public Works Director/City Engineer
Attachment: 1. Vicinity Map
186
ATTACHMENT 1
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MASTER PLAN
silverrock resort
La quinta, california
January 12, 2016
0 100 200 400 800
1 ac
5 ac
PA 3
luxury branded
residential Development
PA 2
luxury hotel parking
PA 10a
potential future
golf course
reserve/public use
parcels
practice
range/
overflow
parking
PA 11
public park
PA 6
lifestyle branded
residential development
portion of PA 10a
golf clubhouse
PA 5
Lifestyle hotel
PA 4
conference and shared
service facility
potential
future golf
course
reserve/public
use parcels
PA 8
resort residential
village
PA 9
promenade mixed-use
village-area ii
PA 7
promenade mixed-use
village-area i
PA 2
luxury hotel/spa
PA 2
luxury hotel
ahmanson
ranch house
1
resort
path
resort
path
lake
lake
golf
maintenance
PA 10b
p otential future
golf course reserve/
public use parcels
PA 1
Golf Course
pa land use ac units
1 golf course (existing)173.0
2 luxury hotel 17.0 140
3 luxury branded residential development 14.0 35
4 conference and shared service facility 12.0
5 lifestyle hotel 10.0 200
6 lifestyle branded residential development 10.0 60
7 promenade mixed use village area i 10.5 150
8 resort residential village 32.0 160
9 promenade mixed use village area ii 15.0 80
10a golf clubhouse and potential new golf
holes 1-9
48.0 25
10b potential new golf holes 10-18 83.0
11 public park 35.0
12 trails, canal & streets 65.5
total 525.0 850
land use summary
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ATTACHMENT 2
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City of La Quinta
CITY COUNCIL MEETING: January 19, 2016
STAFF REPORT
AGENDA TITLE: APPROVE REIMBURSEMENT AGREEMENT WITH EAST OF MADISON, LLC.
FOR STREET AND RAISED MEDIAN IMPROVEMENTS ON MADISON STREET AND STREET
IMPROVEMENTS ON AVENUE 54 ASSOCIATED WITH MADISON CLUB DEVELOPMENT (TRACT
MAP NO. 33076-1)
RECOMMENDATION
Approve a reimbursement agreement for off-site street and raised median improvements
on Madison Street, between Avenues 52 and 54, and street improvements on Avenue 54
associated with the Madison Club development; and authorize the City Manager to
execute said agreement.
EXECUTIVE SUMMARY
East of Madison, LLC. (Developer), developer of the Madison Club residential
development, was conditioned to construct the east half of the street
improvements and the raised median on Madison Street, between Avenues 52 and
54, and the north half of the street improvements on Avenue 54 along the
project’s frontage.
Portions of these street improvements on Madison Street and Avenue 54 are
eligible for Development Impact Fee (DIF) fund reimbursement.
Staff has verified the expenditures and their eligibility for reimbursement.
FISCAL IMPACT
The Developer would be reimbursed $976,265.50 for the Madison Street improvements
and $524,010 for the Avenue 54 improvements from future Transportation DIF funds.
The City is under no obligation, however, to reimburse the Developer at a date certain.
BACKGROUND/ANALYSIS
The Madison Club residential development is located west of Monroe Street, south of
Avenue 52, east of Madison Street, and north of Avenue 54 (Attachment 1). The
Developer was conditioned to construct the east half of the street improvements and the
raised median on Madison Street, between Avenues 52 and 54, and the north half of the
street improvements on Avenue 54 along the project’s frontage. The outside travel lane,
sidewalk, and parkway landscaping on Madison Street and Avenue 54 are project
mitigation measures. However, the inside travel lane and the raised median on Madison
Street and the inside travel lane and the half painted median on Avenue 54 are eligible
for DIF fund reimbursement; the attached reimbursement agreement (Attachment 2)
details the rationale and amount to be reimbursed.
CONSENT CALENDAR ITEM NO.
191
Staff has verified the Developer’s expenditures and their eligibility. The Developer
submitted the executed reimbursement agreement in September 2015.
ALTERNATIVES
The Council may elect not to approve the reimbursement agreement. However, since the
City required the Developer to construct improvements and the Developer is entitled to
future reimbursement, staff does not recommend any alternative actions.
Prepared by: Bryan McKinney, P.E., Principal Engineer
Approved by: Timothy R. Jonasson, P.E., Public Works Director/City Engineer
Attachments: 1. Vicinity Map
2. Reimbursement Agreement
192
V I C I N I T Y M A P
NOT TO SCALE
TM 33076-1 THE MADISON CLUB
ATTACHMENT 1
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City of La Quinta
CITY COUNCIL MEETING: January 19, 2016
STAFF REPORT
AGENDA TITLE: APPROVE PLANS, SPECIFICATIONS, AND ENGINEER’S ESTIMATE AND
ADVERTISE THE LA QUINTA PARK RESTROOM PROJECT FOR BID
RECOMMENDATION
Approve the plans, specifications, and engineer’s estimate, and authorize staff to bid
the La Quinta Park Restroom Project.
EXECUTIVE SUMMARY
This project will provide additional restroom capacity during the soccer and
softball seasons at La Quinta Park by installing a prefabricated restroom facility
next to the existing restrooms (Attachment 1).
FISCAL IMPACT
None at this time. The project is included in the 2015/16 Capital Improvement
Program. The following is the budget:
Project Budget Total
Professional: $ 15,000
Design: $ 30,000
Inspection/Testing/Survey: $ 16,000
Construction: $194,000
City Administration:$ 8,300
Contingency: $ 9,924
Total Budget: $273,224
The engineer’s construction estimate is $194,000, which includes the restroom, utility
connections, and concrete and decomposed granite paths to access the restroom.
BACKGROUND/ANALYSIS
Residents have reported that the existing restrooms at La Quinta Park are not
sufficient to meet the needs of the park users during peak periods. To meet this need,
staff recommends installing a prefabricated modular building similar to the restroom
installed at Colonel Paige Middle School in 2010. The new restroom will match the
CONSENT CALENDAR ITEM NO.
207
design aesthetics of the La Quinta Park. The new men’s and women’s restroom will
each accommodate a minimum of two occupants.
Contingent upon Council’s authorization to advertise the project on January 19, 2016,
the following is anticipated project schedule:
City Council Bid Authorization January 19, 2016
Bid Period January 20 to February 17, 2016
Council Considers Project Award March 1, 2016
Execute Contract, Mobilize and March 2 to March 23, 2016
Order Prefabricated Restroom
Construction (90 Working Days) March to July, 2016
Accept Improvements August 2016
ALTERNATIVES
The Council could elect not to install a prefabricated or any other type of restroom at
La Quinta Park and instead rely on the existing facilities to meet the needs of the park.
With the growing demand for additional restrooms and the cost effectiveness of a
prefabricated product, no alternative is recommended.
Prepared by: Ed Wimmer, P.E., Principal Engineer
Approved by: Timothy R. Jonasson, P.E., Public Works Director/City Engineer
Attachment: 1. Vicinity Map
208
ATTACHMENT 1
LA QUINTA PARK RESTROOM
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City of La Quinta
CITY COUNCIL MEETING: January 19, 2015
STAFF REPORT
AGENDA TITLE: UPDATE ON SILVERROCK RESORT DEVELOPMENT AND APPROVAL OF THE
GOLF COURSE REALIGNMENT AT SILVERROCK RESORT
RECOMMENDATION
Approve the Gold Course Realignment plan for the Palmer Course at SilverRock Resort.
EXECUTIVE SUMMARY
• On October 20, 2016, Council approved modifications to the Purchase Sale and
Development Agreement (Agreement) with SilverRock Development Company,
LLC. (Developer).
• The Developer’s development program locates a 140-room luxury hotel and spa on
the Arnold Palmer Signature Golf Course (Course); in order to accommodate the
hotel/spa, existing golf holes must be reconfigured.
• Per the Schedule of Performance contained in the Agreement, the City Council
must approve the Golf Course Realignment plan by January 19, 2016.
• The Developer, Arnold Palmer Design Company (APCD), and staff have collaborated
and designed modifications to accommodate hotel/spa without compromising the
Course quality.
• The Golf Course Realignment plan encompasses the back nine golf holes and
meets all requirements (Attachment 1).
FISCAL IMPACT
The back nine holes must be closed in order to reconfigure the golf holes; these holes
would be closed from May through November. Landmark Golf, the City’s course operator,
estimates a loss of $300,000 in revenues. Per the Agreement, all design and construction
costs are borne by the Developer.
BACKGROUND/ANALYSIS
In 2002, the City’s former Redevelopment Agency purchased the 525-acre site at the
southwest corner of Avenue 52 and Jefferson Street to construct a world-class resort with
first class amenities primarily to generate sales and transit occupancy tax (TOT) revenues.
The first phase entailed developing the Course.
BUSINESS ITEM NO.
211
In November 2014, the City entered into a purchase, sale and development agreement
with the Developer to construct a luxury hotel and spa, a conference center, a lifestyle
hotel, luxury and lifestyle branded residential, resort and mixed use villages, and a
permanent golf clubhouse. The Developer’s original plan called for locating the luxury
hotel on the 17th hole. In 2015 the Developer’s team was reformulated and the new
team revised the site plan. The new site plan now locates the luxury hotel and spa on the
11th and partially on the18th holes (Attachment 2), and on the land used for the current
cart barn and staging area (adjacent to the temporary clubhouse). In order to
accommodate the new development configuration, APCD prepared a new routing plan
(Attachment 1) for the back nine holes that entails:
• a new par three 11th hole,
• converting the existing 13th and 15th holes into par fives, and
• constructing a drivable par four finishing hole.
APCD believes these changes maintain the course strategy while allowing play at
approximately the same overall length and par of 72.
At the October 20, 2016 Council meeting, the Developer expressed interest in modifying
the Course over the summer of 2016 so that the hotel and spa site grading would not
affect the spring 2017 golf operations. The Schedule of Performance provides the
Developer an outside completion date of November 2017 for Course modifications. Per
the Agreement the Developer is required to construct the modifications during the
offseason in order to minimize impact. If the Developer initiates the Course modifications
this summer, the Agreement must be modified. Per the Agreement, the Developer is
required to accomplish phase 1 land closing (all planning areas less the lifestyle hotel and
lifestyle residential) prior to commencing golf course realignment work. This may not be
possible. The Developer understands these constraints and has initiated dialogue with
staff to explore what requirements and safeguards are required to allow a summer 2016
start of the Course realignment.
Approving the Golf Course Realignment enables the Developer to accurately define the
luxury hotel and spa planning area so that design and engineering can move forward on
the entire site. This is critical in order for the Developer to meet the following approvals
outlined in the Schedule of Performance: 1) master site design approval in March 2016,
and 2) a site development plan approval for the luxury hotel, luxury branded residential
development, and conference and shared services facility in May 2016.
ALTERNATIVES:
The Council may request changes to the golf layout plan and require a resubmittal for
approval.
Prepared by: Tim Jonasson, Public Works Director/City Engineer
Approved by: Frank Spevacek, City Manager
Attachment: 1. Golf Course Realignment Plan
2. SilverRock Resort Master Plan
212
LUXURY HOTEL & RESIDENTIAL AND GOLF COURSE REALIGNMENT PLAN
SILVERROCK RESORT
LA QUINTA, CALIFORNIA January 12, 2016
SCALE: 1”=170’
2
LUXURY BRANDED
RESIDENTIAL LOTS
LUXURY HOTEL
LOBBY
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4
5
6
7
9
1
8
LUXURY HOTEL SPA
EXISTING
AHMANSON HOUSE
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16
15 17
18
14
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10LUXURY HOTEL
GUEST ROOMS
New Path New Green
New Fairway
New Path
NEW PAR 3
New Path
New Green
New Tees
Area Converted to Sand Landscape
New Green
Existing ClubhouseAccess Drive
Avenue 52
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ExistingPractice Range
Existing Canal
New Tees
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New Path
New Path
New Path
New Fairway
Event Lawn
New Tee
ATTACHMENT 1
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MASTER PLAN
silverrock resort
La quinta, california
January 12, 2016
0 100 200 400 800
1 ac
5 ac
PA 3
luxury branded
residential Development
PA 2
luxury hotel parking
PA 10a
potential future
golf course
reserve/public use
parcels
practice
range/
overflow
parking
PA 11
public park
PA 6
lifestyle branded
residential development
portion of PA 10a
golf clubhouse
PA 5
Lifestyle hotel
PA 4
conference and shared
service facility
potential
future golf
course
reserve/public
use parcels
PA 8
resort residential
village
PA 9
promenade mixed-use
village-area ii
PA 7
promenade mixed-use
village-area i
PA 2
luxury hotel/spa
PA 2
luxury hotel
ahmanson
ranch house
1
resort
path
resort
path
lake
lake
golf
maintenance
PA 10b
p otential future
golf course reserve/
public use parcels
PA 1
Golf Course
pa land use ac units
1 golf course (existing)173.0
2 luxury hotel 17.0 140
3 luxury branded residential development 14.0 35
4 conference and shared service facility 12.0
5 lifestyle hotel 10.0 200
6 lifestyle branded residential development 10.0 60
7 promenade mixed use village area i 10.5 150
8 resort residential village 32.0 160
9 promenade mixed use village area ii 15.0 80
10a golf clubhouse and potential new golf
holes 1-9
48.0 25
10b potential new golf holes 10-18 83.0
11 public park 35.0
12 trails, canal & streets 65.5
total 525.0 850
land use summary
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ATTACHMENT 1
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City of La Quinta
CITY COUNCIL MEETING: January 19, 2016
STAFF REPORT
AGENDA TITLE: CITY REORGANIZATION PLAN
RECOMMENDATION
Staff recommends that the Council approve an organizational plan that:
Establishes a Design and Development Department, Facilities Department and
Community Resources Department;
Reclassifies 10 positions;
Establishes 8 new positions – Accountant, Community Resources Manager,
Management Assistant (CIP/Traffic), Customer Services Center Manager,
Community Resources Coordinator (Wellness Center), Building Superintendent,
Parks Foreman, and Parks Worker; and
Includes a revised Authorized Positions/Salary Ratings schedule (Attachment 1).
EXECUTIVE SUMMARY
The Executive Team, with staff input, developed a organizational plan to address
the City’s changing needs (Attachment 2).
The plan focuses on the “Big Rock” issues (Public Safety, Economic Development,
Infrastructure and Revenue), improves the organization’s bench strength, and
expands employee growth and promotional opportunities.
The plan establishes a Design and Development Department, Facilities Department
and Community Resources Department.
Four existing positions would be eliminated, eight new positions established, and
ten positions reclassified. Non-public safety full time positions would increase by
7%, from 73 to 78 (Attachment 3).
In 2010, the City had 99 employees; in 2013 that number was reduced to 69 to
reset the organization and balance the operating budget.
FISCAL IMPACT
There is no fiscal impact. Since the December 2015 City Council Study Session, an
Accountant position has been added to provide higher-level skills and support. The all-in
(salaries and benefits) cost is $762,200, which is offset by a savings of $772,600,
comprised of $633,300 from eliminated positions and $139,300 from eliminating
temporary labor contracts and reducing professional services costs.
BUSINESS ITEM NO. 2
217
BACKGROUND/ANALYSIS
Since 2013, significant changes and improvements have been made to the City’s
organization. Current executive level changes due to turnover and retirement created
opportunity to examine the organization and expand efforts toward “The Vision,” which
includes:
Maintain superior public safety, fire protection, and emergency services
Expand the economic development efforts and increase revenue
Improve infrastructure and facilities through asset management
Encourage employee growth at all levels
Improve the development review process and make it more responsive to the
community’s needs
The Executive Team, with employees’ input, developed a plan to better focus the
organization to achieve the Vision and facilitate succession planning. The following
values guided this work:
Customer Service
Teamwork
Perseverance and Problem Solving
Integrity and Professional Conduct
Innovation and Creativity
Strategic Changes
The plan creates a Community Resources Department, Facilities Department, and Design
and Development Department. These new departments enable the City to increase
efforts on partnerships and community outreach (Safety and Code Compliance), expand
customer service, and place greater attention on facilities and parks. To execute the
plan, the following changes are requested:
City Manager’s Office
Maintain the Business Unit to support Economic Development, Legislative Affairs,
Real Estate, and provide executive level support to the City Council and
organization.
Community Resources Department (People and Partnerships)
Create a Community Resource Director position (reclassification) overseeing Public
Safety Services, Code Compliance, Marketing, Wellness and Recreation,
Technology, Human Resources, Library and Museum, Art in Public Places, and
Community Grants.
Create a Public Safety Manager position (reclassification) overseeing Police, Fire,
and Emergency Services contracts, managing Code Compliance staff and
enhancing their community outreach and education efforts.
Create a Community Resources Manager (internal recruitment/new position) to
oversee Marketing, Library and Museum contract, Wellness Center operations and
programs, recreation programs, technology, and large scale special events.
218
Create a Community Programs and Wellness Supervisor (reclassification),
responsible for expanded operations of the Wellness Center and citywide
recreation programs, facility rentals, and community grants.
Create an Administrative Technician (reclassification) to provide support for the
Community Services Commission and Community Resources Department.
Create a Human Resources Coordinator (reclassification) to provide support for the
Human Resources efforts to expand staff development and training.
Design and Development Department
Place Development Engineering, Planning, Building, Customer Service Center, and
the Capital Improvement Program (CIP) into one department.
Create a Design and Development Director position and assign the current Public
Works Director to this position.
Create a Customer Service Center Manager (new position) to expand the efforts of
the Customer Service Center, TRAKiT/eTRAKiT implementation, analytics, software
upgrades, and improve integration with other City departments.
Fill a Permit Technician Supervisor position (internal recruitment), which will focus
on the development and training of the permit technicians to include cross
training and ongoing development of improved customer service delivery.
Create a Vacation Rental/Business License Assistant (reclassification) to handle
the growth in short-term vacation rentals permits, licenses and associated tax
collection.
Create a Management Assistant position (CIP/Traffic) (new position) to provide
project tracking and administrative support for the CIP/Traffic programs.
Facilities Department
Will include City facilities, streets, medians and perimeter landscapes, parks, and
SilverRock Resort.
Create a Facility Director position (reclassification) to provide greater emphasis on
managing City assets, and preventative maintenance of City buildings, parks, and
streets.
Create a Building Superintendent position (new position), responsible for
preventative maintenance and lifecycle management of buildings and internal
systems. Will oversee numerous contracts.
Create a Parks Superintendent position (reclassification) responsible for the parks
maintenance contract, playground maintenance and replacement, field rentals
with sports associations, and coordination with the schools for shared field use.
Create a Parks Foreman position (internal recruitment/new position) responsible
for regular park inspections, playground inspections, coordination of equipment
installations, and assists with the park maintenance contract.
Create a Parks Worker position (new position) responsible for the daily
maintenance and small projects in City parks.
City Clerk Department
Expand the Clerk’s responsibilities by assigning Housing and Risk Management
contract processing functions to the City Clerk. The current Deputy City Clerk will
split time between administrative support for the City Council/City Manager’s Office
and Deputy Clerk duties.
219
Create two Deputy City Clerk positions (reclassifications) to handle Clerk functions
including contracts, municipal code issues, records management, records
requests, conflict of interest, election support, and the new functions of Risk
Management and Housing.
Finance
Create an Accountant position (new position) to coordinate accounting efforts
including CIP project management, budget preparation, fiscal tracking, and audits.
During the December 2015 Study Session an Account Technician position was
proposed but this has now been changed to the higher-level Accountant position.
The addition of an Accountant will provide higher level technical skills needed
within the department. Additionally, the position adds another rung on the career
ladder in the Finance department.
ALTERNATIVES
The Council could elect to modify the organization plan.
Prepared by: Edie Hylton, Deputy City Manager
Approved by: Frank J. Spevacek, City Manager
Attachments: 1. Revised Authorized Positions/Salary Ratings
2. Proposed Organization charts
3. Revised Classification Specifications
220
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$16,110.67 $16,666.67
AN
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S
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223
224
CITY MANAGER
Functions
•Implementation of City Council policies and
direction
•Economic Development
•Legislative
•Provides executive level staff support to the
Council and organization
•Initiates and implements City wide programs
to enhance service delivery
•Responsible for all City operations
January 12, 2016 1
COMMUNITY RESOURCES
DIRECTOR CITY CLERK FACILITIES
DIRECTOR
DIRECTOR OF DESIGN
AND DEVELOPMENT/
CITY ENGINEER
FINANCE DIRECTOR
CITY MANAGER
City Economist
(Contract)
Lobbyist
(Contract
Business Analyst
Management
Assistant
A
T
T
A
C
H
M
E
N
T
2
ATTACHMENT 2
225
Administrative Technician
COMMUNITY RESOURCES
PEOPLE AND PARTNERSHIPS
HR Coordinator
Functions
•Community Services
Commission
•Marketing
•Public Information
•Wellness Center
•Library/Museum
Contracts
•Special Events
•Recreation Programs
•APP
•Community Grants
•Park Rentals
Functions
•Grants/Fees
•Franchises
•Information
Technology
•Environmental
Programs
Functions
•Human Resources
•Risk - employees
•Training
•Mentorship
•Recruitment
•Benefits Admin
•Class & Comp
•Negotiations
•HR Contract
Functions
•Police
•Fire
•Emergency Services
•Code Support
Functions
•Outreach &
Education
•Compliance
•Animal Services
•Neighborhood
vitalization
January 12, 2016 2
Code Comp./Animal Cont.
Officer
Code Comp./Animal Cont.
Officer
Code Comp./Animal Cont.
Officer
Code Comp./Animal Cont.
Officer
Office Assistant
Community Resources
Manager
Human Resources
Manager
Part Time Staff
Community Services
Coordinator
Community Services
Coordinator
Emergency Services
Coordinator
(Contract)
Asst. Police Chief
(Contract)
Fire Chief
(Contract)
Code Comp./Animal
Supervisor
Community Programs
& Wellness Supervisor Management
Assistant
Community Services
Supervisor
Org Development
(Contract)
Marketing
(Contract)
IT Coordinator
(Contract)
Public Safety Manager
Director
226
Director
Deputy City Clerk
CITY CLERK
Functions
•Risk Management –
contracts
•Website
•Claims
•JPIA
•Housing/Docs
•Clerk Functions
Functions
•Agenda Packet
•Elections
•Records Manager
•Editor/Writer
•Clerk Functions
Functions
•CM/CC Support
•Conflict of Interest
•Record Requests
•Contracts
•Clerk Functions
January 14, 2016 3
Deputy City Clerk Deputy City Clerk
JPIA/Insurance/Claims
(Contract)
Housing Administration
(Contract)
Housing Rentals
(Contract)
Document Scanning
(Contract)
Electronic Archive
(Contract)
Muni Code Publisher
(Contract)
Multi County Recording
(Contract)
227
Streets & L&L Manager
FACILITIES
MANAGEMENT OF CITY ASSETS
Parks Foreman
Parks Worker
Functions
•16 Buildings
•Elevator Contract
•Backup Power
•Generator Maint.
•Janitorial Contract
•Fire Systems
•Security Contract
•Life Cycle Program
•HVAC Contract
Functions
•16 Parks
•18 Mi Trails
•Parks Contract
•Sports Associations
•Cert. Playground
•Life Cycle Program
•APP maint.
•Pool
•Tennis
•Skate Park
Functions
•128 Mi streets
•39 Mi bike lanes
•L&L Contract
•Citywide graffiti
•Citywide electric
•Drainage systems
•Retention basins
•Street Sweeping
•Motorpool
•Life Cycle Program
January 14, 2016 4
Streets, L&L Worker II
Streets, L&L Worker
Streets, L&L Worker
Streets, L&L Worker
Parks Superintendent
Streets, L&L Foreman
Streets, L&L Worker II
Streets, L&L Worker II
Streets, L&L Worker
Streets, L&L Worker
Streets, L&L Foreman Building Coordinator
Building Worker
Building Superintendent Administrative
Technician
Functions
•SRR Operations
•SRR PM 10
•GO Request
Janitorial
(Contract)
Fire/Security
(Contract)
Parks
(Contract)
L&L
(Contract)
Street Sweeping
(Contract)
Director SRR
(Contract)
228
Director/City Engineer
CIP Principal Engineer
DESIGN AND DEVELOPMENT
January 12, 2016
5
Traffic Signal Tech
Supervisor
Project Mgt.
Contract
Construction
Manager
Mgmt. Asst.
CIP/Traffic
Traffic Engineer
Contract
Associate Engineer
City Surveyor
Contract
Development Services
Principal Engineer
Permit Tech
Supervisor
Permit Technician
Customer Services
Manager
Management
Specialist Executive Assistant Management
Analyst
Traffic Signal
Tech
Principal Planner
Principal Planner
Planning Manager
Permit Technician
Vacation Rental/License
Asst.
Permit Technician
Office Assistant/
Receptionist
Plan Check
Contract
Inspect/Plan Review
Supervisor
Inspector
Building Official
Inspector
Inspection Contract
Plan Review Contract
Principal Planner
Contract
Construction
Inspector
Engineering
Contract
Functions
•STVR data
•Revenue projection
•Complaint resolution
•Operations analysis
•Public Outreach
•Budget
•Payroll
•Notices
Functions
•Customer Service
Center
•Trakit Implment
•Analytics
•Software Upgrades
•Business License
•Integration with
other agencies
Functions
•Development
Entitlement
•Plan Check
/Permitting
•Development
Streamline
•GIS
Functions
•CIP Project Development
Design/Construction
•Private Development/CIP/STVR
Inspection
•PM10/SW PPP Inspection
•Traffic Operations/Planning
Office Assistant
229
Director
Financial Services Analyst
FINANCE
Functions
•General Ledger
Maintenance
•CIP & Grant
Accounting
•Payroll
•Accounts Payable
•Annual Audit and
CAFR
•Budget Preparation
Functions
•Agenda Preparation
IAB
•Purchasing
•Surplus Property
•Admin support
Functions
•Treasurer’s report
•Cash
Management/Bank
•Fiscal Agent activity
•General Ledger
support
January 12, 2016 6
Finance Assistant
Account Technician
Accountant
Accounting Manager
Account Technician
230
City of La Quinta
CLASS SPECIFICATION
Administrative Assistant
Rev. Januaryuly 20165 1
CLASS SERIES BAND/GRADE/SUBGRADE FLSA STATUS
Administrative A11 NE
CLASS SUMMARY:
This class is the first level in a two-level series. Incumbents perform basic, recurring routine functions
such as reception, mail handling, filing, data entry, facility/room/event scheduling, typing, and
general customer service.
DISTINGUISHING CHARACTERISTICS:
Employees in this classification follow well-defined policies and procedures that can be learned
readily through on-the-job training. After employees become familiar with procedures, they may
work with some independence. This job class requires the use of tact, courtesy and discretion in
communications and customer service.
ESSENTIAL DUTIES:
This class specification represents only the core areas of responsibilities; specific position
assignments will vary depending on the needs of the department.
Provides administrative support to assigned management staff.
Prepares, proofreads, duplicates and files a wide variety of documents and correspondence, including
confidential information.
Performs reception activities such as answering and transferring incoming phone calls, taking
messages, greeting visitors and giving directions to the public; may operate a central PABX telephone
system.
Assists with sorting and distributing incoming mail.
Assists in office supply ordering, inventory and reconciling deliveries to receipts.
Assists in a variety of functions such as mailing and publication of newsletters, maintaining mailing
lists and establishing/maintaining a filing and retrieval system.
Performs other duties of a similar nature and level as assigned.
POSITION SPECIFIC RESPONSIBILITIES MIGHT INCLUDE:
Positions assigned to Administrative Assistant/Receptionist (Customer Service)) may also be
responsible for:
Providing main receptionist function for City, including answering and directing all incoming
calls, and greeting all incoming/outgoing visitors;
Reviewing all area media for city-related news, clipping and scanning articles, and maintaining
historic scrap books;
Routing of all City incoming mail; reviewing and distributing department’s mail
ATTACHMENT 3
231
City of La Quinta
CLASS SPECIFICATION
Administrative Assistant
Rev. Januaryuly 20165 2
Scanning, reviewing for quality control, and attaching Development Services related documents
in the permitting software and LaserFiche;
Preparing and posting department related items on the City’s website, including permit
applications, weekly garage sale list, special events, etc.; and
Tracking and maintaining Customer Service related statistical data and reports as applicable to
department metrics.
Positions assigned to Executive Office Assistant (City Manager’s Office) may also be responsible for:
Processing contracts and invoices for multiple departments;
Processing Information Technology support requests;
Preparing and routing contracts through the City processes;
Developing administrative systems and processes to support internal operations of
department;
Maintaining inventory of assets and develop replacement schedules; and
Tracking contract expenses to budgets through regular repo
Positions assigned to Office Assistant/Animal Control/Code Compliance may also be responsible fo
Providing main receptionist function for Code Compliance/Animal Control counter, including
answering and directing all incoming calls, messages, and assisting all visitors;
Taking complaints, initiating cases in computer database, assigning to officers for inspection,
and dispatching officers to “in progress” issues;
Providing general clerical support to Code Compliance/Animal Control Division, such as
maintaining records, coordinating inspections with the officers, and familiarization with the
Municipal Code;
Administering weed abatement program, including sending out notices, obtaining contractor
bids, receiving authorization to process abatement, billing owners, and processing payments;
Processing citations and all related administrative tasks; and
Maintaining the lost and found logs and issuing animal traps to residents.
Positions assigned to Executive Office Assistant (City Manager’s Office) may also be responsible for:
Processing contracts and invoices for multiple departments;
Processing Information Technology support requests;
Preparing and routing contracts through the City processes;
Developing administrative systems and processes to support internal operations of department;
Maintaining inventory of assets and develop replacement schedules; and
Tracking contract expenses to budgets through regular reports.
Positions assigned to Office Assistant (Design and DevelopmentCustomer Service/Development
Services) may also be responsible for:
Providing back-up receptionist function for City, including answering and directing all incoming
calls, messages, greeting all incoming/outgoing visitors;
Assisting the Customer Center with the preparation, processing, and routing of all Development
Services related files and plans;
Processing all Records Requests requiring Building, Planning, and other relevant Development
232
City of La Quinta
CLASS SPECIFICATION
Administrative Assistant
Rev. Januaryuly 20165 3
Services information;
Tracking and maintaining Customer Services related statistical data and reports as applicable
to department metrics;
Managing all Building and Planning files, including filing, archiving, and destruction of such;
Scanning, reviewing for quality control, and attaching Development Services related
documents in the permitting software and LaserFiche;
Preparing and posting department related items on the City’s website, including permit
applications, weekly garage sale list, special events, etc.
TRAINING AND EXPERIENCE:
High School Diploma or GED and some office or customer service experience.
Or an equivalent combination of education and experience sufficient to successfully perform the
essential duties of the job such as those listed above.
LICENSING/CERTIFICATIONS:
Valid Class C California Driver’s License.
KNOWLEDGE OF:
Modern office procedures and administrative support methods;
Modern office equipment;
Proper English usage, grammar and punctuation; and
Reception techniques and communication skills.
SKILL IN:
Customer service principles;
Accurately proofreading, filing and word-processing;
Operating a computer and relevant software applications;
Operating modern office equipment; and
Communication, interpersonal skills as applied to interaction with coworkers, supervisor, the
general public, etc. sufficient to exchange or convey information and to receive work direction.
ADA AND OTHER REQUIREMENTS:
Positions in this class typically require: walking, standing, fingering, talking, hearing, seeing and
repetitive motions.
Sedentary Work: Exerting up to 10 pounds of force occasionally and/or a negligible amount of force
frequently or constantly to lift, carry, push, pull or otherwise move objects, including the human body.
Sedentary work involves sitting most of the time. Jobs are sedentary if walking and standing are
233
City of La Quinta
CLASS SPECIFICATION
Administrative Assistant
Rev. Januaryuly 20165 4
required only occasionally and all other sedentary criteria are met.
NOTE:
The above job description is intended to represent only the key areas of responsibilities; specific
position assignments will vary depending on the business needs of the department.
CLASS HISTORY INFORMATION:
Draft prepared by Fox Lawson & Associates, a Division of Gallagher Benefit Services (DT)(1/2014)
Revised by City of La Quinta (17/20165)
234
The City of La Quinta
CLASS SPECIFICATION
Administrative Technician
Rev. Januaryuly 20165 1
CLASS SERIES BAND/GRADE/SUBGRADE FLSA STATUS
Administrative B21 – B22 NE
CLASS SUMMARY:
This class is the second level in a two-level Administrative series. Incumbents are devoted to
advanced, specialized administrative support for internal and/or external customers.
DISTINGUISHING CHARACTERISTICS:
Incumbents require a broad knowledge of the organization and/or provide specific support for
functions that require administration or coordination with all employees of the City, not just those in
a specific department.
ESSENTIAL DUTIES:
This class specification represents only the core areas of responsibilities; specific position
assignments will vary depending on the needs of the department.
Provides administrative support, such as maintaining department and employee schedules,
coordinating meetings and agendas, making travel arrangements, editing and preparing newsletters,
brochures and basic reports, researching basic information and providing related support.
Assists with coordinating department and/or management activities, such as tracking work and
change orders and project schedules, relaying communications, researching information and
providing related support.
Compiles, formats and proofs complex documents, reports and other written materials such as
meeting agendas, meeting minutes, meeting summaries and legal or other specific correspondence.
Performs financial related activities such as advanced bookkeeping or cashiering functions, contract
administration and budget and expenditure tracking.
May serve as lead to staff to include assigning and monitoring work and providing direction.
Performs other duties of a similar nature and level as assigned.
POSITION SPECIFIC RESPONSIBILITIES MIGHT INCLUDE:
Positions assigned to Administrative Technician (City Clerk’s Office) may also be responsible for:
Serving as Secretary to the Oversight Board, including preparing agendas and taking minutes;
Performing webmaster duties for department and assisting other departments as needed;
Performing Laserfiche document archive administrator duties;
Compiling election manual, processing candidates’ filings, and assisting the Elections Officer to
fulfill election duties;
Notarizing city documents; and
Preparing Council resolutions and ordinances for signature; and
Providing customer service to internal employees, members of the public, and outside agencies.
Positions assigned to Administrative Technician (FacilitiesCommunity Development) may also be
235
The City of La Quinta
CLASS SPECIFICATION
Administrative Technician
Rev. Januaryuly 20165 2
responsible for:
Providing administrative support to the Facilities DepartmentCommunity Development
Department, including the department’s commissions and boards, such as scheduling,
assembling, copying, filing, etc.distributing, and posting agenda related items, administering
meetings, and taking minutes;
Providing back-up assistance for the processing of all Records Requests requiring Building,
Planning, and other relevant Development Services requiring Facilities information;
Managing all Facilities Department Building and Planning files, including filing, archiving, and
destruction of such, as well as processing on-going archiving and scanning projects;
Managing all department related records and ensuring all permanent records are posted in the
permitting software and LaserFiche;
Assisting with the processing and monitoring of department related agreements;
Performing accounting support functions, such as supply ordering, monitoring budget and
contract expenditures, reviewing and processing invoices, and resolving discrepanciess;
Processing of legal notices within stipulated time requirements.
Providing responsible, complex and confidential secretarial and administrative support to the
Mayor, City Council and City Manager, and other assigned management staff;
Assisting in the coordination of appointments and activities with other governmental agencies
elected officials, City Manager and other management staff;
Screens inquiries from the public, provides related information, forwards complaints and requests
for information to the appropriate City official; and
Employing discretion and independent judgment, as actions can have significant effect upon City
operations.
`
Positions assigned to Administrative Technician (Community Resources DepartmentExecutive Assista
(City Manager/Council) may also be responsible for:
Processing contracts and invoices for multiple departments;
Processing Information Technology support requests;
Preparing and routing contracts through the City processes;
Developing administrative systems and processes to support internal operations of department;
Maintaining inventory of assets and develop replacement schedules; and
Tracking contract expenses to budgets through regular reports.
Providing responsible, complex and confidential secretarial and administrative support to the
Mayor, City Council and City Manager, and other assigned management staff;
Assisting in the coordination of appointments and activities with other governmental agencies
236
The City of La Quinta
CLASS SPECIFICATION
Administrative Technician
Rev. Januaryuly 20165 3
elected officials, City Manager and other management staff;
Screens inquiries from the public, provides related information, forwards complaints and requests
for information to the appropriate City official; and
Employing discretion and independent judgment, as actions can have significant effect upon City
operations.
`
Positions assigned to Executive Assistant (Community Services/Human Resources) may also be
responsible for:
Preparing agendas and taking minutes for the Community Services Commission;
Providing administrative support to the Community Services Department such as City Council
staff reports, assisting with contract development and tracking and community outreach efforts;
Providng administrative support to Human Resources, preparing a wide variety of complex and
confidential documents (many related directly to the meet and confer process with represented
employees); maintaining City-wide personnel record-keeping system, preparing a variety of
materials and documents related to personnel, employee benefits, and risk management;
Assisting with all aspects of human resources operations, including recruiting, new employee
orientations, terminations, benefit enrollments and changes, employee recognition, claims
management, etc.; and
Employing discretion and independent judgment, as actions can have significant effect upon
City operations.
Positions assigned to Executive Assistant (Design and Community Development) may also be
responsible for:
Providing administrative support to the Planning Commission, Architecture & Landscape Review
Committee, and Historic Preservation Commission, including the preparation of agendas and
taking of meeting minutes;
Providing administrative support to the Design and Community Development Department, such
as City Council staff reports, assisting with contract management and management of
department budget;
Employing discretion and independent judgment, as actions can have significant effect upon
Department and City operations; and
Performing supervisory duties for subordinates including assigning, reviewing and planning work
and writing performance evaluations.
Positions assigned to Content Editor/Writer may also be responsible for:
Creating and editing a wide variety of complex and confidential reports, including staff reports,
legislative letters, grants, and award applications;
Working closely with management to develop content and execute the organization’s overall
communications strategy;
Preparing and disseminating press releases/media advisories/event notices;
Responsible for maintaining the City’s “voice” throughout all external communications;
237
The City of La Quinta
CLASS SPECIFICATION
Administrative Technician
Rev. Januaryuly 20165 4
Delivering editorial copy with an audience-appropriate tone across a broad spectrum of
communications channels; and
Demonstrating excellent attention to detail, organizational skills, problem-solving skills and
political and/or issue sensitivity.
TRAINING AND EXPERIENCE:
High School Diploma or GED and three (3) years office or customer service experience. As assigned, a
minimum of three to five years’ experience with increasingly advanced writing projects, including
report writing, speeches, newsletters and other publications, with heavy emphasis on editing.
Or an equivalent combination of education and experience sufficient to successfully perform the
essential duties of the job such as those listed above.
As assigned, must be able to attend occasional evening meetings.
LICENSING/CERTIFICATIONS:
Valid Class C California Driver’s License.
KNOWLEDGE OF:
Modern office procedures and administrative support methods;
Modern office equipment;
Proper English usage, grammar and punctuation;
Customer service principles;
Basic budgetary principles;
Meeting coordination, agenda development, minute taking and preparation;
Lead work principles, as assigned; and
City policies, rules and regulations, operations, procedures and precedents of assignment.
SKILL IN:
Tact, diplomacy and customer service;
Use of independent judgment in a variety of situations;
Reading and interpreting reference books, manuals, policies and procedures;
Accurately proofreading, filing and word-processing;
Mathematical computations used in business;
Taking minutes and summarizing meetings;
Tracking budgets and project timelines/deadlines;
Operating a computer and relevant software applications;
Operating modern office equipment;
Prioritizing and assigning work;
Communication, interpersonal skills as applied to interaction with coworkers, supervisor, the
238
The City of La Quinta
CLASS SPECIFICATION
Administrative Technician
Rev. Januaryuly 20165 5
general public, etc. sufficient to exchange or convey information and to receive work direction;
and
Some positions may require skill working with legal or industry specific terminology and/or
providing supervision, direction, coaching and evaluation of subordinates.
ADA AND OTHER REQUIREMENTS:
Positions in this class typically require: standing, walking, fingering, talking, hearing, seeing and
repetitive motions.
Sedentary Work: Exerting up to 10 pounds of force occasionally and/or a negligible amount of force
frequently or constantly to lift, carry, push, pull or otherwise move objects, including the human body.
Sedentary work involves sitting most of the time. Jobs are sedentary if walking and standing are
required only occasionally and all other sedentary criteria are met.
NOTE:
The above job description is intended to represent only the key areas of responsibilities; specific
position assignments will vary depending on the business needs of the department.
CLASS HISTORY INFORMATION:
Draft prepared by Fox Lawson & Associates, a Division of Gallagher Benefit Services (DT) (1/2014)
Revised by City of La Quinta (1/2016)
239
The City of La Quinta
CLASS SPECIFICATION
Maintenance & Operations Worker
Rev. Januaryuly 20164 1
CLASS SERIES BAND/GRADE/SUBGRADE FLSA STATUS
Maintenance and Operations A11 – A12 Non-Exempt
CLASS SUMMARY:
This class is the first level in a fourthree-level Maintenance and Operations series. Incumbents
perform routine and non-routine facilities, grounds, parks, maintenance and/or operational
activities in an assigned area of maintenance responsibility.
DISTINGUISHING CHARACTERISTICS:
This class performs physical labor at the journey level in support of landscaping, repair,
construction and maintenance of city facilities, right-of-way, property, grounds, parks and/or
streets. As assigned, incumbents may serve as lead workers coordinating the work of lower
level staff and troubleshooting problems.
ESSENTIAL DUTIES:
This class specification represents only the core areas of responsibilities; specific position
assignments will vary depending on the needs of the department.
Inspects facilities, property and equipment for needed maintenance and repairs; responds to
requests/complaints from the public; provides customer service.
Maintains, repairs and operates equipment, vehicles and tools; keeps tools and equipment in clean
and safe working condition.
As assigned, performs parks, street, sidewalk, curb, gutter and right-of-way maintenance: mixes,
pours, lays and finishes concrete; paves and repairs potholes using hot asphalt and cold mix.
As assigned, performs a wide variety of semi-skilled general maintenance work such as carpentry,
painting, tiling, masonry, plumbing, mechanical and electrical.
As assigned, performs irrigation repair and/or maintenance: waters assigned areas; schedules
irrigation to avoid interfering with public use of facilities; repairs irrigation systems.
As assigned, performs general landscape care and maintenance: mows grass areas; cleans and
edges sidewalks; blows and rakes leaves; removes trash; cleans and maintains parking lots and
drainage systems.
As assigned, orders parts and equipment; researches vendors and prices; makes purchasing
recommendations.
Inputs/scans data into computerized systems; records information on logs and records.
Reads and follows blueprints, maps, technical and operational manuals and instructions.
240
The City of La Quinta
CLASS SPECIFICATION
Maintenance & Operations Worker
Rev. Januaryuly 20164 2
Maintains and places banners and traffic control barricades for road work, weather closures, special
events and holidays.
Performs other duties of a similar nature and level as assigned.
POSITION SPECIFIC RESPONSIBILITIES:
Positions assigned to Streets Maintenance may also be responsible for:
Removing hazardous materials;
Removing mud on streets from mud slides, water leaks or drainage;
Filling and placing sandbags during heavy rains and responding to emergency ruptures in water
mains;
Operating street sweeping equipment;
Painting street signs, buildings, walls, curbs and pavement;
Completing tasks related to the Graffiti Abatement Program; and
Installing, repairing, removing and replacing of street signs and legends.
Positions assigned to Grounds/Landscape Maintenance may also be responsible for:
Locating and repairing broken electrical lines and installing controllers for irrigation systems;
Locating and repairing irrigation system leaks; and
Spraying pesticides.; and
Coordinating, reviewing work, inspecting and evaluating landscape and electrical lighting
services provided.
Positions assigned to Facilities Maintenance may also be responsible for:
Performing a wide variety of semi-skilled and skilled facility maintenance work such as
carpentry, painting, tiling, masonry, plumbing, mechanical and electrical;
Assisting with facility emergency readiness;
General maintenance of HVAC systems;
Assisting City staff and City Council needs; and
Maintaining facility safety and efficiency.
Positions assigned to Parks Maintenance may also be responsible for:
Performing a wide variety of semi-skilled and skilled parks maintenance work associated with
playground equipment and irrigation systems in the City’s parks;
241
The City of La Quinta
CLASS SPECIFICATION
Maintenance & Operations Worker
Rev. Januaryuly 20164 3
TRAINING AND EXPERIENCE:
High School Diploma or GED and, as assigned, up to two (2) years of related work experience.
Or an equivalent combination of education and experience sufficient to successfully perform the
essential duties of the job such as those listed above.
LICENSING/CERTIFICATIONS:
Valid Class C California Driver’s License
Valid Class B California Driver’s License (as assigned)
Playground Safety Certification (as assigned)
KNOWLEDGE OF:
Assigned maintenance equipment;
Assigned tools;
Standard practices, methods and materials of assigned maintenance and repair work;
Uses and properties of a variety of maintenance and repair supplies;
Occupational hazards and applicable safety principles and practices;
Basic math including addition, subtraction, multiplication and division;
Modern maintenance procedures; and
Modern office equipment.
SKILL IN:
Operating maintenance, power and hand tools, equipment and machinery;
Exerting physical effort in moderate to heavy work;
Applying common sense understanding to perform manual labor and semi-skilled tasks;
Using independent judgment in highly routine situations;
Comprehending and correctly using informational documents including customer complaint
forms, receipts, invoices, City maps and blueprints;
Comprehending a variety of reference books and manuals; and
Communication, interpersonal skills as applied to interaction with coworkers, supervisor, the
general public, etc. sufficient to exchange or convey information and to receive work direction.
242
The City of La Quinta
CLASS SPECIFICATION
Maintenance & Operations Worker
Rev. Januaryuly 20164 4
ADA AND OTHER REQUIREMENTS:
Positions in this class typically require: climbing, balancing, stooping, kneeling, crouching, crawling,
reaching, standing, walking, pushing, pulling, lifting, fingering, grasping, feeling, talking, hearing,
seeing and repetitive motions.
Very Heavy Work: Exerting in excess of 100 pounds of force occasionally, and/or in excess of 50
pounds of force frequently, and/or in excess of 20 pounds of force constantly to move objects.
Incumbents may be subjected to moving mechanical parts, electrical currents, vibrations, fumes,
odors, dusts, gases, poor ventilation, chemicals, oils, blood and other bodily fluids, extreme
temperatures, inadequate lighting, work space restrictions, intense noises, travel and environmental
conditions such as disruptive people, imminent danger, and a threatening environment.
NOTE: The above job description is intended to represent only the key areas of responsibilities;
specific position assignments will vary depending on the business needs of the department.
CLASS HISTORY INFORMATION:
Draft prepared by Fox Lawson & Associates, a Division of Gallagher Benefit Services (DT)
Date: (1/2014)
Revised by City of La Quinta (17/20164)
243
The City of La Quinta
CLASS SPECIFICATION
Maintenance and Operations Technician
Rev. Januaryuly 20164 1
CLASS SERIES BAND/GRADE/SUBGRADE FLSA STATUS
Maintenance and Operations B21-B23 Non-Exempt
CLASS SUMMARY:
This class is the second level in a fourthree-level Maintenance and Operations series.
Incumbents perform semi-skilled and skilled activities in assigned area of responsibility such as
maintaining facilities, traffic support systems, traffic signals or providing specialized technical
services.
DISTINGUISHING CHARACTERISTICS:
This class performs semi-skilled and skilled maintenance and repair work which may include
providing guidance and technical knowledge to Maintenance and Operations Workers ensuring
proper procedures and quality service. As assigned, may supervise other Maintenance and
Operations staff, which includes conducting performance evaluations, coordinating training and
implementing hiring, discipline and termination procedures.
ESSENTIAL DUTIES:
This class specification represents only the core areas of responsibilities; specific position
assignments will vary depending on the needs of the department.
Inspects, maintains, troubleshoots and repairs assigned facilities, structures, equipment or traffic
support systems; performs emergency maintenance.
Develops schedules for routine maintenance; maintains records and prepares reports for
maintenance activities.
Responds to citizen/customer inquires, requests and complaints.
Creates and maintains safe work zones.
As assigned, supervises staff to include: Prioritizing and assigning work; conducting performance
evaluations; ensuring staff are trained; ensuring that employees follow policies and procedures;
maintaining a healthy and safe working environment; and making hiring, termination and
disciplinary recommendations.
Orders parts and equipment; researches vendors and prices; purchases parts and supplies/makes
purchasing recommendations.
Inputs/scans data into computerized systems; records information on logs and records; generates
reports.
Reads and follows blueprints, maps, technical and operational manuals and instructions.
Performs other duties of a similar nature and level as assigned.
244
The City of La Quinta
CLASS SPECIFICATION
Maintenance and Operations Technician
Rev. Januaryuly 20164 2
POSITION SPECIFIC RESPONSIBILITIES:
Positions assigned to Traffic Signal Technician may also be responsible for:
Inspecting, troubleshooting, modifying, installing and repairing traffic signals, traffic signal timing,
battery backup, lighting systems, conduits, poles, signal heads, controllers, switches, video
cameras, vehicle detectors and wired and wireless communication facilities;
Maintaining In-Pavement flashing light systems for crosswalks, flashing beacons and driver speed
feedback signs; and
Consistently responding to calls for traffic signal emergency repairs including knockdowns within
one hour 24 hours a day, 7 days a week except when backup services are in operation.
Positions assigned to Facilities Maintenance Coordinator may also be responsible for:
Performing a wide variety of semi-skilled and skilled facility maintenance work such as carpentry,
painting, tiling, masonry, plumbing, mechanical and electrical;
Recommending source for repairs (in-house or contracted out);
Overseeing vendor contracts for facilities-related services (i.e. janitorial);
Maintaining select facilities in a state of “readiness” for emergency operations;
Implementing and overseeing preventive maintenance program; and
Maintaining facility safety and efficiency.
TRAINING AND EXPERIENCE:
High School Diploma or GED and four (4) years experience related to area of assignment.
Or an equivalent combination of education and experience sufficient to successfully perform the
essential duties of the job such as those listed above.
LICENSING/CERTIFICATIONS:
Valid Class C California Driver’s License
Valid Class B California Driver’s License (with air brake enhancement) for Traffic Signal Technician
position.
As assigned, IMSA Traffic signal maintenance Level I certification and Work Zone safety or
equivilant may be preferred.
245
The City of La Quinta
CLASS SPECIFICATION
Maintenance and Operations Technician
Rev. Januaryuly 20164 3
KNOWLEDGE OF:
Principles of mathematics as applied to engineering and/or building construction;
Basic principles and practices of engineering and/or construction design;
Supervisory principles;
Recent developments, current literature and sources of information regarding assigned
maintenance area;
Applicable local, state and federal laws, rules and regulations.
Occupational hazards and applicable safety principles and practices;
Basic math including addition, subtraction, multiplication and division;
Modern office procedures; and
Modern office equipment.
Positions assigned to Traffic Signal Maintenance may also require knowledge of:
Principles of electrical circuitry and electronics;
Traffic signal and lighting inspection and testing methods; and
Maintenance of NEMA Econolite, Econolite and Iteris video detection systems.
Positions assigned to Facilities Maintenance may also require knowledge of:
Best practices and procedures of electrical and plumbing work; and
Operation and maintenance of a variety of construction tools and equipment.
SKILL IN:
Operating applicable tools, equipment and testing devices;
As assigned, supervising and evaluating employees;
As assigned, prioritizing and assigning work;
Exerting physical effort in moderate to heavy work;
Applying technical knowledge to perform and/or troubleshoot skilled and semi-skilled tasks;
Using independent judgment in routine and emergency situations;
Maintaining accurate records and logs and producing technical reports;
Comprehending and correctly using informational documents including customer complaint
forms, receipts, invoices, City maps and blueprints;
Operating computer equipment and applicable software;
Applying local, state and federal laws, rules and regulations; and
Communication, interpersonal skills as applied to interaction with coworkers, supervisor, the
general public, etc. sufficient to exchange or convey information and to receive work direction.
246
The City of La Quinta
CLASS SPECIFICATION
Maintenance and Operations Technician
Rev. Januaryuly 20164 4
ADA AND OTHER REQUIREMENTS:
Positions in this class typically require: climbing, balancing, stooping, kneeling, crouching, crawling,
reaching, standing, walking, pushing, pulling, lifting, fingering, grasping, feeling, talking, hearing,
seeing and repetitive motions.
Very Heavy Work: Exerting in excess of 100 pounds of force occasionally, and/or in excess of 50
pounds of force frequently, and/or in excess of 20 pounds of force constantly to move objects.
Incumbents may be subjected to moving mechanical parts, electrical currents, vibrations, fumes,
odors, dusts, gases, poor ventilation, chemicals, oils, blood and other bodily fluids, extreme
temperatures, inadequate lighting, work space restrictions, intense noises, travel and environmental
conditions such as disruptive people, imminent danger, and a threatening environment.
NOTE:
The above job description is intended to represent only the key areas of responsibilities; specific
position assignments will vary depending on the business needs of the department.
CLASS HISTORY INFORMATION:
Draft prepared by Fox Lawson & Associates, a Division of Gallagher Benefit Services (DT)
Date: (1/2014)
Revised by City of La Quinta (17/20164)
247
The City of La Quinta
CLASS SPECIFICATION
Maintenance and Operations Coordinator
Rev. Januaryuly 20164 1
CLASS SERIES BAND/GRADE/SUBGRADE FLSA STATUS
Maintenance and Operations B24 Non-Exempt
CLASS SUMMARY:
This class is the third in a fourthree-level Maintenance and Operations series. Incumbents
provide supervision for maintenance and trades staff in an assigned area related to traffic
control, landscaping, construction, streets, sidewalks, gutters and/or parks.
DISTINGUISHING CHARACTERISTICS:
This class performs first-line supervision and planning/oversight of day-to-day work activities
and operations of a semi-skilled or skilled crew, including participating in the development of
unit goals, objectives and procedures; and troubleshooting and repair of more complex issues.
ESSENTIAL DUTIES:
This class specification represents only the core areas of responsibilities; specific position
assignments will vary depending on the needs of the department.
Supervises staff to include: prioritizing and assigning work; conducting performance evaluations;
ensuring staff are trained; ensuring that employees follow policies and procedures; maintaining a
healthy and safe working environment; and making hiring, termination and disciplinary
recommendations.
Operates, inspects, maintains, troubleshoots and repairs complex equipment, testing equipment,
vehicles, facilities and instrumentation.
Oversees the maintenance of tools and equipment and their safe/correct usage.
Responds to and investigates more difficult citizen/customer complaints.
Maintains records on time, materials and work performed; compiles data and prepares reports.
Creates and maintains safe work zones; schedules and performs safety meetings.
Oversees or carries out emergency repairs.
Reads and follows blueprints, maps, technical and operational manuals and instructions.
Assists in the preparation of specifications for supplies and equipment.
Monitors performance of contracted maintenance activities.
Performs other duties of a similar nature and level as assigned.
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The City of La Quinta
CLASS SPECIFICATION
Maintenance and Operations Coordinator
Rev. Januaryuly 20164 2
POSITION SPECIFIC RESPONSIBILITIES MIGHT INCLUDE:
Positions assigned to Maintenance Foreman functions may also be responsible for:
Keeping necessary records of time, materials, parts and work performed;
Assisting supervisor in preparing specifications for supplies and equipment;
Operating light and heavy equipment; training personnel in the operation of equipment;
Scheduling and performing bi-weekly safety meetings with maintenance crew; and
Providing instruction and guidance to staff; and promote staff development and motivation; and
analyze problems that arise in the areas under supervision and recommend solutions
Assisting with vehicle maintenance and repairs; and
Installing, repairing, removing, and replacing street signs and legends.
Positions assigned to Parks Foreman functions may also be responsible for:
Coordinating, reviewing work, inspecting and evaluating landscape and electrical lighting
services provided in the City’s parks;
Coordinating playground equipment maintenance, as needed.
Keeping necessary records of time, materials, parts and work performed;
Assisting Superintendent in preparing specifications for supplies and equipment;
Operating light and heavy equipment; training personnel in the operation of equipment;
Scheduling and performing bi-weekly safety meetings with parks staff; and
Providing instruction and guidance to staff, promoting staff development and motivation,
analyzing problems that arise in the areas under supervision and recommending solutions.
Positions assigned to Traffic Signal Maintenance Supervisor functions may also be responsible for:
Troubleshooting and emergency maintenance of traffic signal and lighting systems associated
with traffic signal systems, including wiring, conduits, poles, signal heads, controllers, switches,
video cameras, and vehicle detectors;
Overseeing and participating in inspecting, locating, and repairing malfunctions and failures in
traffic signal electrical and electronic equipment, circuits, and systems;
Installing, adjusting, testing, and repairing electric and electronic traffic signal controls and
devices and adjusting electronic controllers, pedestrian times, and electronic diagrams;
Overseeing and participating in performing solid state testing and calibration of traffic signal
controllers, program clocks, and computers; performing continuity and circuit checks using
specialized testing and calibration equipment;repairing switches, time clocks, battery back-up
systems and related equipment; and
Providing supervision and training to other traffic signal staff or consultants in traffic signal
maintenance principles and practices, answering questions and assisting in problem solving.
249
The City of La Quinta
CLASS SPECIFICATION
Maintenance and Operations Coordinator
Rev. Januaryuly 20164 3
TRAINING AND EXPERIENCE:
High School Diploma and four (4) years of experience in assigned area of responsibility. Based on
assignment, additional training and/or licensure/certifications may be required.
Or an equivalent combination of education and experience sufficient to successfully perform the
essential duties of the job such as those listed above.
LICENSING/CERTIFICATIONS:
Valid Class C California Driver’s License.
As assigned, valid Class B California Driver’s License, with air brake endorsement.
As assigned, Playground Safety Certification or other trade licenses and certifications may be
required.
As assigned, IMSA Level III Field Technician or equivalent, IMSA Street Lighting Level I or
equivalent, and IMSA Work Zone Safety or equivalent.
KNOWLEDGE OF:
Knowledge of a variety of applicable tools;
Knowledge of the use and/or application of applicable materials and supplies;
Basic principles of engineering, traffic control and/or construction design;
Supervisory principles;
Recent developments, current literature and sources of information regarding assigned
maintenance area;
Applicable local, state and federal laws rules and regulations;
Occupational hazards and applicable safety principles and practices;
Basic math including addition, subtraction, multiplication and division;
Principles of customer service;
Modern office procedures; and
Modern office equipment.
250
The City of La Quinta
CLASS SPECIFICATION
Maintenance and Operations Coordinator
Rev. Januaryuly 20164 4
SKILL IN:
Operating applicable tools, equipment and testing devices;
Supervising and evaluating employees;
Prioritizing and assigning work;
Exerting physical effort in moderate to heavy work;
Applying technical knowledge to perform and/or troubleshoot skilled and semi-skilled tasks;
Using independent judgment in routine and emergency situations;
Maintaining accurate records and logs and producing technical reports;
Tact and diplomacy;
Comprehending and correctly using informational documents including customer complaint
forms, receipts, invoices, City maps and blueprints;
Operating a computer and applicable software applications;
Operating modern office equipment;
Applying local, state and federal laws, rules and regulations; and
Communication, interpersonal skills as applied to interaction with coworkers, supervisor, the
general public, etc. sufficient to exchange or convey information and to receive work direction.
ADA AND OTHER REQUIREMENTS:
Positions in this class typically require: climbing, balancing, stooping, kneeling, crouching, crawling,
reaching, standing, walking, pushing, pulling, lifting, fingering, grasping, feeling, talking, hearing,
seeing and repetitive motions.
Very Heavy Work: Exerting in excess of 100 pounds of force occasionally, and/or in excess of 50
pounds of force frequently, and/or in excess of 20 pounds of force constantly to move objects.
Incumbents may be subjected to moving mechanical parts, electrical currents, vibrations, fumes,
odors, dusts, gases, poor ventilation, chemicals, oils, blood and other bodily fluids, extreme
temperatures, inadequate lighting, work space restrictions, intense noises, travel and environmental
conditions such as disruptive people, imminent danger, and a threatening environment.
NOTE:
The above job description is intended to represent only the key areas of responsibilities; specific
position assignments will vary depending on the business needs of the department.
CLASS HISTORY INFORMATION:
Draft prepared by Fox Lawson & Associates, a Division of Gallagher Benefit Services (DT)
Date: (1/2014)
Revised by City of La Quinta (17/20164)
251
City of La Quinta
CLASS SPECIFICATION
Maintenance and Operations Superintendent
Rev. January2016 1
CLASS SERIES BAND/GRADE/SUBGRADE FLSA STATUS
Maintenance and Operations B32 Non-Exempt
CLASS SUMMARY:
This class is the fourth in a four-level Maintenance and Operations series. Incumbents are
responsible for managing maintenance, construction and trades staff in an assigned area
related to facilities or parks.
DISTINGUISHING CHARACTERISTICS:
This class performs planning/oversight of day-to-day work activities and operations of a semi-
skilled or skilled crew, including participating in the development of unit goals, policies,
processes, budgets, objectives and procedures; and troubleshooting and repair of more complex
issues.
ESSENTIAL DUTIES:
This class specification represents only the core areas of responsibilities; specific position
assignments will vary depending on the needs of the department.
Supervises staff to include: prioritizing and assigning work; conducting performance evaluations;
ensuring staff are trained; ensuring that employees follow policies and procedures; maintaining a
healthy and safe working environment; and making hiring, termination and disciplinary
recommendations.
Oversees the day-to-day activities of assigned area, which may include: developing and
administering operational policies and procedures; planning and coordinating projects, processes,
procedures, and standards; monitoring compliance with Federal, State and local laws, regulations,
codes, and standards; coordinating services between multiple service areas; and creating work and
maintenance schedules.
Oversees leases, contracts, and capital projects, following proper purchasing procedures.
Assists with preparation and administration of a budget; prepares cost estimates for budget
recommendations; submits justifications for budget items; monitors and controls expenditures.
Responds to and investigates the most difficult citizen/customer complaints.
Monitors inventory of supplies, materials and equipment; develops applicable specifications; ensures
replacement or replenishment of tools, equipment and supplies.
Prepares a variety of reports and or records associated with work orders, inventory orders,
maintenance, purchasing, information, projects and management.
Performs other duties of a similar nature and level as assigned.
252
City of La Quinta
CLASS SPECIFICATION
Maintenance and Operations Superintendent
Rev. January2016 2
POSITION SPECIFIC RESPONSIBILITIES MIGHT INCLUDE:
Positions assigned to Building Superintendent functions may also be responsible for:
Overseeing all facilities operations including electrical, HVAC, plumbing, vendor contracts, in all
City-owned facilities, including the Library, Wellness Center, Museum, fire stations, City Hall and
parks facilities;
Managing back-up generators, battery systems, and emergency preparedness issues, as
identified;
Managing building alarm systems and access control; and
Overseeing maintenance and repairs to HVAC systems for all facilities.
Positions assigned to Parks Superintendent functions may also be responsible for:
Overseeing all parks operations including park landscaping and lighting, vendor contracts, sports
field usage, playground equipment maintenance/repair and irrigation system
maintenance/repair in the City’s parks and trails;
Managing sports association contract and pool operations/cleaning contracts; and
Managing lighting systems in all City parks.
TRAINING AND EXPERIENCE:
High School Diploma and four (4) years of experience in project management, facility
construction/maintenance, and parks administration, depending on assigned area of responsibility.
Based on assignment, additional training and/or licensure/certifications may be required, such as
Licensed General Contractor (desired), licensed HVAC experience (desired), Playground Safety
Certification.
Or an equivalent combination of education and experience sufficient to successfully perform the
essential duties of the job such as those listed above.
LICENSING/CERTIFICATIONS:
Valid Class C California Driver’s License.
As assigned, Playground Safety Certification, HVAC certification, Aquatic Facility Operator
certification or other trade licenses and certifications may be required.
253
City of La Quinta
CLASS SPECIFICATION
Maintenance and Operations Superintendent
Rev. January2016 3
KNOWLEDGE OF:
Managerial principles
Budget principles;
Supervisory principles;
Tools and equipment related to applicable area;
Project management principles and practices;
Recent developments, current literature and sources of information regarding assigned
maintenance area;
Applicable local, State and Federal laws, codes, rules and regulations;
Inventory procurement principles;
Occupational hazards and applicable safety principles and practices;
Basic math including addition, subtraction, multiplication and division;
Principles of customer service;
Reporting/Recording principles; and
Computers and related software applications.
SKILL IN:
Operating applicable tools, equipment and testing devices;
Managing and evaluating employees;
Prioritizing and assigning work;
Monitoring a budget;
Developing, implementing, and applying policies and procdedures;
Applying technical knowledge to perform and/or troubleshoot skilled and semi-skilled tasks;
Using independent judgment in routine and emergency situations;
Monitoring and maintaining inventory to facilitate efficient and effective operations;
Reviewing, preparing and maintaining a variety of records, logs, and technical reports;
Applying local, State and Federal laws, rules and regulations;
Public presentations;
Preparing written reports, letters, memos and emails; and
Communication, interpersonal skills as applied to interaction with coworkers, supervisor, the
general public, etc. sufficient to exchange or convey information and to receive work direction.
ADA AND OTHER REQUIREMENTS:
Positions in this class typically require: reaching, standing, walking, fingering, grasping, talking,
hearing, seeing and repetitive motions.
Light Work: Exerting up to 20 pounds of force occasionally, and/or up to 10 pounds of force
frequently, and/or negligible amount of force constantly to move objects. If the use of arm and/or
leg controls requires exertion of forces greater than that for Sedentary Work and the worker sits
most of the time, the job is rated for Light Work.
254
City of La Quinta
CLASS SPECIFICATION
Maintenance and Operations Superintendent
Rev. January2016 4
NOTE:
The above job description is intended to represent only the key areas of responsibilities; specific
position assignments will vary depending on the business needs of the department.
CLASS HISTORY INFORMATION:
Draft prepared by Fox Lawson & Associates, a Division of Gallagher Benefit Services (QP)
Date: (6/2013)
Revised by City of La Quinta (1/2016)
255
The City of La Quinta
CLASS SPECIFICATION
Management Assistant
Rev. Januaryuly 20165 1
CLASS SERIES BAND/GRADE/SUBGRADE FLSA STATUS
Management Administration B21 - B22 Non-Exempt
CLASS SUMMARY:
This class is the first level in a four-level Management Administration Series. As assigned,
incumbents are responsible for providing specialized services and customer service in support of
City programs and finance. Incumbents, as assigned, may be responsible for processing
receipts and cashiering; assisting in budget preparation; collection and disbursement of
payments, developing and supporting program operations; performing research; maintaining
databases; providing technical assistance and training; and processing claims.
DISTINGUISHING CHARACTERISTICS:
Positions assigned to this classification perform tasks that are generally routine and repetitive in
monitoring and processing information or coordinating and implementing programs. Work
requires considerable attention to detail and is reviewed by a supervisor for conformance to
established requirements.
ESSENTIAL DUTIES:
This class specification represents only the core areas of responsibilities; specific position
assignments will vary depending on the needs of the department.
Assists with coordinating department activities such as tracking work and change orders, relaying
communications, researching information and providing related support.
Assembles, matches, sorts tabulates, checks numerical data, creates and checks records and logs.
Prepares reports, correspondence and forms.
Maintains records, references, reports, statistics; reviews forms and documents for compliance with
operational policies and procedures.
Assists in the acquisition of supplies and equipment.
Provides customer service to other employees and citizens.
Responds to citizen/customer questions and calls.
Performs filing and retrieval of information.
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The City of La Quinta
CLASS SPECIFICATION
Management Assistant
Rev. Januaryuly 20165 2
As assigned, serves as a lead to staff to include assigning and monitoring work and providing
direction.
Performs other duties of a similar nature and level as assigned.
POSITION SPECIFIC RESPONSIBILITIES MIGHT INCLUDE:
Positions assigned to Senior Account ClerkManagement Assistant (Design and Development)
functions may also be responsible for:
Processing TOT payments, Short-Term Vacation Rental aapplications and various associated
reports;
Cross training staff on business license and TOT applications and payments;
Recording reported monthly TOT tax collections and work with contractor on vacation rental
collection data;
Serving as cashier and customer service support in the Customer Center; and
Processing and reviewing applications for business licenses.
Positions assigned to Management Assistant (CIP/Traffic) functions may also be responsible for:
Providing general administrative and bookkeeping support to the Capital Improvement Program
and Traffic staff;
Tracking and processing invoices and payments for the CIP program; and
Performing duties necessary for the Traffic Operations such as GIS mapping, creating full-size
drawings and traffic control plans and preparing and tracking work orders and preparing and
tracking work orders.
Positions assigned to Account Technician (Finance) functions may also be responsible for:
Reviewing requests for payments for accuracy and processing accounts payable, preparing
checks for payments and reporting on A/P and wire disbursements;
Reconciling bank statements;
Preparing warrants for payment and recording all disbursements;
Preparing various schedules and reports as requested to support accounting manager;
Reconciling daily deposits for all departments;
Processing and reconciling Cash receipts, preparing requests for refunds, handling collection of
NSF checks; and
Assisting with preparation of payroll and related documents (such as timesheets, retirement
information, etc.).
Positions assigned to Community Resources Services Coordinator (Wellness Center) functions may
also be responsible for:
Recruiting instructors;
Developing programs and classes at the Wellness Center and various locations throughout the
city;
Developing partnerships with a variety of community service providers;
Recruiting and training volunteerspart-time staff and volunteers;
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The City of La Quinta
CLASS SPECIFICATION
Management Assistant
Rev. Januaryuly 20165 3
Coordinating daily operations in assigned area;
Developing and coordinating city-wide events;
Overseeing facility rentals; and
Conducting outreach and marketing activities, including social media postings and creating
event flyers.Coordinating daily operations in assigned area.
Positions assigned to Management Assistant (Community Resources) Community Services
Coordinator (Facility Rentals, Sports, Community Programs, Events, Marketing) functions may also
be responsible for:
Developing sports and community-related programs;
Overseeing facility rentals;
Coordinating and development city-wide eventsof fitness and nutritional programs
Oversight and coordination of daily operation of the fitness center area;
Assisting with marketing and Promotion promotion of events and programs; and
Providing administrative support as requested.
Positions assigned to Management Administration Assistant (City Manager’s Office) functions may
also be responsible for:
Monitoring legislative items, providing recommendations, and writing letters on the City’s
position;
Creating spreadsheets, monitoring budgets, and creating contract tracking databases; and
Engaging in economic and business development efforts including outreach, lead generation,
and preparation of materials connected to economic development related
agreements.Coordinating and developing city-wide trainings in identified areas of need.
Positions assigned to Finance Assistant functions may also be responsible for:
Providing responsible, complex secretarial and administrative support to the Finance Director ,
Investment Advisory Board and Finance Department;
As needed, serving as backup for reviewing requests for payments for accuracy and processing
accounts payable;
Preparing and maintaining various service contracts, coordinating annual sale of surplus items;
Implementing and managing the purchasing module and function; and
Overseeing timekeeping management for all City staff.
TRAINING AND EXPERIENCE:
High School Diploma or GED and two (2) years experience related to area of assignment.
Or an equivalent combination of education and experience sufficient to successfully perform the
essential duties of the job such as those listed above.
258
The City of La Quinta
CLASS SPECIFICATION
Management Assistant
Rev. Januaryuly 20165 4
LICENSING/CERTIFICATIONS:
Some positions may require valid California Class C Driver’s License.
KNOWLEDGE OF:
Modern office procedures;
Modern office equipment;
Program coordination;
Proper English usage, grammar and punctuation;
Principles of customer service;
Basic budgetary principles;
City policies, rules and regulations, operations, procedures and precedents of assignment; and
Supervisory principles, as assigned.
Finance/Accounting, Design & Development & CIP/Traffic positions also require knowledge of:
Principles of basic accounting/bookkeeping;
Computer accounting applications;
Basic governmental accounting and budgeting; and
Methods of receiving and accounting for funds.
Community ResourcesServices positions also require knowledge of:
Principles of marketing, community service, recreational programming and cultural activities;
Needs, interests and requirements of the community; and
Available local agencies, organizations and providers of public service resources.
SKILL IN:
Tact, diplomacy and customer service;
Comprehending and correctly using a variety of informational documents including logs, ledgers
and financial records;
Preparing documents and records with a high degree of accuracy;
Data entry;
Basic business math (addition, subtraction, division, multiplication, percentages);
Operating a computer and relevant software applications;
Operating modern office equipment;
Some assignments may require prioritizing and assigning work; and
Communication, interpersonal skills as applied to interaction with coworkers, supervisor, the
general public, etc. sufficient to exchange or convey information and to receive work direction.
259
The City of La Quinta
CLASS SPECIFICATION
Management Assistant
Rev. Januaryuly 20165 5
ADA AND OTHER REQUIREMENTS:
Positions in this class typically require: standing, walking, fingering, talking, hearing, seeing and
repetitive motions. Some assignments may require occasional pushing, pulling, lifting,
Sedentary Work: Exerting up to 10 pounds of force occasionally and/or a negligible amount of force
frequently or constantly to lift, carry, push, pull or otherwise move objects, including the human body.
Sedentary work involves sitting most of the time. Jobs are sedentary if walking and standing are
required only occasionally and all other sedentary criteria are met.
NOTE:
The above job description is intended to represent only the key areas of responsibilities; specific
position assignments will vary depending on the business needs of the department.
CLASS HISTORY INFORMATION:
Draft prepared by Fox Lawson & Associates, a Division of Gallagher Benefit Services (DT)
Date: (3/2014)
Revised by City of La Quinta (17/20164); (7/2015)
260
City of La Quinta
CLASS SPECIFICATION
Management Specialist
Rev. January uly 20164 1
CLASS SERIES BAND/GRADE/SUBGRADE FLSA STATUS
Management Administration B24-B32 Non-Exempt
CLASS SUMMARY:
This class is the second level in a four-level Management Administration Series focused on
responsibilities associated with coordinating City processes and/or programs as a subject matter
expert, or supervising non-exempt staff engaged in similar work. Incumbents, as assigned, are
responsible for research, analysis, report writing and presentation; contract development and
management; records reconciliation; program coordination; grant and contract management; and
coordination across departments.
DISTINGUISHING CHARACTERISTICS:
Positions assigned to this classification perform programmatic and/or administrative coordination of
a city service or program as a subject matter expert. As assigned, incumbents may supervise staff.
ESSENTIAL DUTIES:
This class specification represents only the core areas of responsibilities; specific position
assignments will vary depending on the needs of the department.
Works with internal and external customers and stakeholders to resolve questions, service requests
and/or problems and complaints; coordinates with contractors and outside service providers when
required to resolve problems.
Conducts research and keeps abreast of changes in assigned field in order to assist in, or develop,
plans, programs, goals and objectives.
Prepares written reports, plans, public information collateral and/or program documents such as
grant funding applications, agreements, etc.
As assigned, supervises staff to include: prioritizing and assigning work; conducting performance
evaluations; ensuring staff are trained; ensuring that employees follow policies and procedures;
maintaining a healthy and safe working environment; and making hiring, termination and
disciplinary recommendations.
Maintains cooperative working relationships with peers, other jurisdictions and state or federal
agencies as assigned.
Creates, updates, distributes and maintains records, reports, logs and other documentation.
Performs other duties of a similar nature and level as assigned.
POSITION SPECIFIC RESPONSIBILITIES MIGHT INCLUDE:
Positions assigned to Accountant functions may also be responsible for:
Performing complex and difficult accounting and financial support work within programmatic
and procedural guidelines;
Preparing journal entries and reconciling various general ledger and subsidiary accounts;
Calculating and preparing reimbursement billings and tracking receivables;
Assisting in preparation of annual audit schedules for external auditors;
261
City of La Quinta
CLASS SPECIFICATION
Management Specialist
Rev. January uly 20164 2
Assisting the Finance Director during the annual auditing process;
Assisting with the preparation of the annual and mid-year budgets;
Assisting with grant and CIP accounting; and
Monitoring daily cash flow, performing cashiering and weekly rounds analysis, and reconciling
monthly bank statements.
Positions assigned to Community Services Supervisor (Senior Center & Programs) functions may
also be responsible for:
Developing and executing recreation/senior programs with the community and at the Center;
Initiating and executing contracts for instructors and services;
Managing full and part-time staff at the Center;
Managing the daily operations of the facility; and
Working with nonprofit providers on health and social services for seniors.
Positions assigned to Marketing & Events Supervisor (Community Resources) functions may also be
responsible for:
Providing contract management and oversight with marketing and event vendors;
Managing marketing and promotion efforts for the city;
Event development and execution;
Coordinating with local nonprofits and community groups to provide activities; and
Strategic Planning for marketing and event planning – (City and Community Resources Marketing
Strategies).
Positions assigned to Housing Coordinator Management Specialist (Design and Development) functio
may also be responsible for:
Assisting in the coordination of the Short Term Vacation Rental Program and business licenses;
Providing responsible, complex clerical and administrative support to the department;
Preparing a variety of reports and analytics needed by the Design and Development Director;
Addressing the interests of a variety of customers and stakeholders; and
Making presentations before City Council, commissions or stakeholder groups.
Positions assigned to Deputy City Clerk functions may also be responsible for:
Preparing and distributing council agenda materials, including ;Ttranscribing meeting minutes;
Maintaining indices and Codes and notarizing documents;
Records management including overseeing/coordinating city-wide scanning project and record
destruction,, legal recording and processing all record requests, liability claims, subpoenas and
summons; and
City-wide contract processing and official document recording;
Serving as Risk Manager for business-related matters, including claims and insurance review;
Managing FPPC and election filings;
Providing administrative services to Council and City Manager
Serving as support staff to the Oversight Board, City Manager, Council, and Advisory Committee;
Serving as Housing Coordinator;
262
City of La Quinta
CLASS SPECIFICATION
Management Specialist
Rev. January uly 20164 3
Serving as Laserfische Administrator;
Providing Serving as city-wide editing and research serviceseditor/writer; and
Serving as Deputy Elections Official , Deputy Records Manager; and performing duties of City
Clerk in the absence of the City Clerk.
TRAINING AND EXPERIENCE:
Associate’s Degree and, as assigned, two (2) years experience related to area of assignment.
Or an equivalent combination of education and experience sufficient to successfully perform the
essential duties of the job such as those listed above.
LICENSING/CERTIFICATIONS:
Some positions may require a valid Class C California Driver’s License. As assigned, must obtain
Notary Public certification within six (6) months of employment.
KNOWLEDGE IN:
Documentation and record-keeping principles;
Supervisory principles;
Contract administration and performance monitoring;
Program development, administration and evaluation;
Research methods, program analysis and report preparation;
Organizational structure of the city and city services as they relate to area of assignment;
Applicable local, state and federal laws, rules and regulations;
Modern office equipment; and
Communication, interpersonal skills as applied to interaction with subordinates, coworkers,
supervisor, the general public, etc. sufficient to exchange or convey information, evaluate
performance and provide and/or receive work direction.
Positions assigned to Accountant also require knowledge of:
Principles of basic accounting/bookkeeping;
Computer accounting applications;
Basic governmental accounting and budgeting; and
Methods of receiving and accounting for funds.
Positions assigned to Community ResourcesServices also require knowledge of:
Safety precautions and procedures for public recreation and event planningand senior activities;
Principles and techniques of recreational, cultural and social programs and event planningsenior
activities; and
Public information and marketing strategies.
Positions assigned to Design and DevelopmentHousing also require knowledge of:
Housing needs and socio-economic issues related to low and moderate income families; and
Basic principles of marketing and promotions
263
City of La Quinta
CLASS SPECIFICATION
Management Specialist
Rev. January uly 20164 4
Short-term Vacation Rentals;
CDBG grant processing and administration; and
Effective public speaking and presentation techniques.
Positions assigned to City Clerk also require knowledge of:
Housing needs and socio-economic issues related to low and moderate income families;
Contract review and processing principles; and
Municipal Records Management.; and
Must obtain Notary Public certification within six (6) months of employment.
SKILL IN:
Analyzing problems and identifying solutions;
Mathematical computations common to basic statistics;
Understanding and acting upon written and verbal descriptions of problems;
Negotiation and conflict resolution;
Preparing written reports of moderate to high complexity and keeping accurate records;
Operating a computer and relevant software applications;
Operating modern office equipment;
Supervising and evaluating employees;
Prioritizing and assigning work;
Applying local, state and federal laws, rules and regulations;
Customer Service; and
Communication, interpersonal skills as applied to interaction with coworkers, supervisor, the
general public, etc. sufficient to exchange or convey information and to receive work direction.
ADA AND OTHER REQUIREMENTS:
Positions in this class typically require: standing, walking, fingering, talking, hearing, seeing and
repetitive motions. Some positions may require occasional pushing, pulling, lifting and grasping.
Sedentary Work: Exerting up to 10 pounds of force occasionally and/or a negligible amount of force
frequently or constantly to lift, carry, push, pull or otherwise move objects, including the human body.
Sedentary work involves sitting most of the time. Jobs are sedentary if walking and standing are
required only occasionally and all other sedentary criteria are met.
Light Work: Exerting up to 20 pounds of force occasionally, and/or up to 10 pounds of force
frequently, and/or negligible amount of force constantly to move objects. If the use of arm and/or
leg controls requires exertion of forces greater than that for Sedentary Work and the worker sits
most of the time, the job is rated for Light Work.
264
City of La Quinta
CLASS SPECIFICATION
Management Specialist
Rev. January uly 20164 5
NOTE:
The above job description is intended to represent only the key areas of responsibilities; specific
position assignments will vary depending on the business needs of the department.
CLASS HISTORY INFORMATION:
Draft prepared by Fox Lawson & Associates, a Division of Gallagher Benefit Services (DT) (3/2014)
Revised by City of La Quinta (17/20164)
265
City of La Quinta
CLASS SPECIFICATION
Management Coordinator
Rev. Januaryuly 20164 1
CLASS SERIES BAND/GRADE/SUBGRADE FLSA STATUS
Management Administration C41 Non-Exempt
CLASS SUMMARY:
This class is the third level in a four-level Management Administration Series focused on journey-level
responsibilities associated with the coordination of City processes and/or programs. Incumbents, as
assigned, are responsible for research, analysis, solutions development, report writing and
presentation; contract development and management; development of models; configuration and
maintenance of information systems; processing payroll, records reconciliation, budget preparation
support, journal entries, purchasing, and data management; program coordination; grant and
contract management; coordination across departments; conducting studies including statistical
analyses and projections.
DISTINGUISHING CHARACTERISTICS:
Positions assigned to this classification perform journey-level programmatic, technical and/or
administrative coordination of a city service or program.
ESSENTIAL DUTIES:
This class specification represents only the core areas of responsibilities; specific position
assignments will vary depending on the needs of the department.
Works with internal and external customers and stakeholders to resolve questions, service requests
and/or problems and complaints; coordinates with contractors and outside service providers when
required to resolve problems.
Conducts research and keeps abreast of changes in assigned field in order to assist in, or develop,
plans, programs, goals and objectives; and evaluate new technology and/or business processes.
Prepares comprehensive written reports, plans, public information collateral and/or technical
documents.
Prepares and monitors budgets and related documents (such as grant funding applications,
agreements, etc.); prepares project schedules and contracts; monitors contractor performance and
overall day-to-day program operations or system performance.
Maintains cooperative working relationships with peers, other jurisdictions and state or federal
agencies as assigned.
Creates, updates, distributes and maintains records, reports, logs and other documentation.
Exercises discretion in accessing confidential information such as information related to personnel
matters and City Council confidential information.
Performs other duties of a similar nature and level as assigned.
POSITION SPECIFIC RESPONSIBILITIES MIGHT INCLUDE:
Positions assigned to Human Resources Coordinator may also be responsible for:
Providing highly confidential administrative support to Human Resources, preparing a wide
266
City of La Quinta
CLASS SPECIFICATION
Management Coordinator
Rev. Januaryuly 20164 2
variety of complex and confidential documents (many related directly to the meet and confer
process with represented employees); maintaining City-wide personnel record-keeping system
and records retention and destruction, preparing a variety of materials and documents related to
disciplinary actions, medical and disability leaves, employee benefits, and employee training and
development;
Coordinating all aspects of human resources operations, including recruiting, new employee
orientations, terminations, benefit enrollments and changes, employee recognition, workers’
compensation claims, performance evaluation processing, etc.; and
Employing discretion and independent judgment, as actions can have significant effect upon City
operations.`
Positions assigned to Information Services Analyst functions may also be responsible for:
Coordinating installation or installing computer, peripheral and network equipment and software;
Maintaining/troubleshooting computer, peripheral and network equipment and software;
Maintaining the City’s website; and
Providing technical support to users.
Positions assigned to Financial Services Analyst functions may also be responsible for:
Posting, balancing and reconciling the general ledger including preparing/verifying journal
entries;
Auditing and reconciling daily cash receipts to bank transactions, investment portfolios and
accounts receivables and payables;
Preparing cash flow analyses, revenue, expense and fund balance forecasts; and
Tracking/preparing/updating financial information (such as payroll, investments, warrants).
Positions assigned to Information Services Analyst functions may also be responsible for:
Coordinating installation or installing computer, peripheral and network equipment and software;
Maintaining/troubleshooting computer, peripheral and network equipment and software;
Maintaining the City’s website; and
Providing technical support to users.
Positions assigned to Assistant Planner functions may also be responsible for:
Preparing materials and reports for City Council and Commissions;
Reviewing planning documents, petitions, permits, packets and records;
Providing assistance at the public counter;
Providing technical support for the City’s Geographical Information System; and
Performing fieldwork on project sites.
TRAINING AND EXPERIENCE:
Bachelor’s Degree and, as assigned, two (2) years experience related to area of assignment.
Or an equivalent combination of education and experience sufficient to successfully perform the
essential duties of the job such as those listed above.
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City of La Quinta
CLASS SPECIFICATION
Management Coordinator
Rev. Januaryuly 20164 3
LICENSING/CERTIFICATIONS:
Some positions may require a valid Class C California Driver’s License.
KNOWLEDGE IN:
Budgetary principles;
Documentation and record-keeping principles;
Contract administration and performance monitoring;
Program development, administration and evaluation;
Research methods, program analysis and report preparation;
Organizational structure of the city and city services as they relate to area of assignment;
Applicable local, state and federal laws, rules and regulations;
Modern office equipment; and
Communication, interpersonal skills as applied to interaction with subordinates, coworkers,
supervisor, the general public, etc. sufficient to exchange or convey information, evaluate
performance and provide and/or receive work direction.
Positions assigned to Information Services also require knowledge of:
Principles and operations of networking and relevant technology, software and equipment;
Methods and techniques of file directory restoration; and
Website operations.
Positions assigned to Human Resources also require knowledge of:
Principles of human resources management, benefits management, recruiting and retention,
classification and compensation systems, and training and development; and
Basic labor and employee relations methods.
Positions assigned to Finance/Accounting also require knowledge of:
Principles of accounting, general fund and cash management, investment management, payroll,
financial reporting and account classification;
Basic governmental accounting methods; and
Computerized accounting applications.
Positions assigned to Planning also require knowledge of:
Principles of urban planning and development; and
Demographic, environmental, social, economic and land use concepts.
Positions assigned to Finance/Accounting also require knowledge of:
Principles of accounting, general fund and cash management, investment management, payroll,
financial reporting and account classification;
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City of La Quinta
CLASS SPECIFICATION
Management Coordinator
Rev. Januaryuly 20164 4
Basic governmental accounting methods; and
Computerized accounting applications.
Positions assigned to Planning also require knowledge of:
Principles of urban planning and development; and
Demographic, environmental, social, economic and land use concepts.
SKILL IN:
Analyzing problems and identifying and implementing solutions independently;
Mathematical computations common to basic statistics, public budgeting and accounting;
Understanding and acting upon written and verbal descriptions of problems;
Negotiation and conflict resolution;
Preparing written reports of moderate to high complexity and keeping accurate records;
Operating a computer and relevant software applications;
Operating modern office equipment;
Applying local, state and federal laws, rules and regulations;
Customer Service; and
Communication, interpersonal skills as applied to interaction with coworkers, supervisor, the
general public, etc. sufficient to exchange or convey information and to receive work direction.
ADA AND OTHER REQUIREMENTS:
Positions in this class typically require: standing, walking, fingering, talking, hearing, seeing and
repetitive motions. Some positions may require occasional pushing, pulling, lifting and grasping.
Sedentary Work: Exerting up to 10 pounds of force occasionally and/or a negligible amount of force
frequently or constantly to lift, carry, push, pull or otherwise move objects, including the human body.
Sedentary work involves sitting most of the time. Jobs are sedentary if walking and standing are
required only occasionally and all other sedentary criteria are met.
Light Work: Exerting up to 20 pounds of force occasionally, and/or up to 10 pounds of force
frequently, and/or negligible amount of force constantly to move objects. If the use of arm and/or
leg controls requires exertion of forces greater than that for Sedentary Work and the worker sits
most of the time, the job is rated for Light Work.
NOTE:
The above job description is intended to represent only the key areas of responsibilities; specific
position assignments will vary depending on the business needs of the department.
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City of La Quinta
CLASS SPECIFICATION
Management Coordinator
Rev. Januaryuly 20164 5
CLASS HISTORY INFORMATION:
Draft prepared by Fox Lawson & Associates, a Division of Gallagher Benefit Services (DT)
Date: (3/2014)
Revised by City of La Quinta (17/20164)
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The City of La Quinta
CLASS SPECIFICATION
Management Analyst
Rev. Januaryuly 20165 1
CLASS SERIES BAND/GRADE/SUBGRADE FLSA STATUS
Management Administration C42 – C44 Exempt
CLASS SUMMARY:
This class is the fourth level in a four-level Management Administration Series focused on
advanced journey level responsibilities. Incumbents are involved with the highest-level analysis
work associated, as assigned, with designated City management functions or programs.
DISTINGUISHING CHARACTERISTICS:
Positions assigned to this classification are responsible for more complex work products and
more complex project management and/or program administration/oversight. As assigned,
incumbents may supervise staff including conducting performance evaluations, coordinating
training; and implementing hiring, discipline and termination procedures.
ESSENTIAL DUTIES:
This class specification represents only the core areas of responsibilities; specific position
assignments will vary depending on the needs of the department.
Leads meetings with internal and external customers and stakeholders regarding projects or to
address complaints and concerns escalated to a higher staff level.
Prepares and administers contracts and consultant or franchise agreements, approves billing,
ensures service levels and contractual/franchise expectations are met.
Conducts comprehensive research, keeps abreast of changes in assigned field, performs complex,
detailed analyses.
Prepares and presents complex plans, programs, and technical reports including staff reports for the
City Council or Commissions; coordinates/reviews/approves staff input into plans, programs and
reports.
Prepares and monitors budgets and related documents, prepares and manages project schedules,
oversees day-to-day program or staff activities.
As assigned, supervises staff to includes: prioritizing and assigning work; conducting performance
evaluations; ensuring staff are trained; ensuring that employees follow policies and procedures;
maintaining a healthy and safe working environment; and making hiring, termination and
disciplinary recommendations.
Assists in the development of standards, ordinances, regulations, policies and procedures; interprets
same.
Performs other duties of a similar nature and level as assigned.
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The City of La Quinta
CLASS SPECIFICATION
Management Analyst
Rev. Januaryuly 20165 2
POSITION SPECIFIC RESPONSIBILITIES MIGHT INCLUDE:
Positions assigned to Associate Engineer functions may also be responsible for:
Performing plan check as requested;
Preparing annual Storm Water report;
Preparing conditions of approval in land action services, as requested;
Coordinating plan check services with City Surveyor, contract plan check engineers and City
Traffic Engineer;
Reviewing applications, maps, designs, drawings, improvement plans, specifications, cost
estimates, and supporting documents;
Coordinating engineering activities with other City departments;
Processing encroachment permits and other permits for developments;
Processing agreements including Subdivision Improvement Agreements with related bonds/
securities and Reimbursement Agreements; and
Assisting at the front counter.
Positions assigned to Associate Planner functions may also be responsible for:
Assisting with preparation of the General Plan and other specific plan documents;
Researching, reviewing and analyzing environmental, social and economic data related to
planning, land use and community development; and
Meeting with the development community to review proposed projects.
Positions assigned to Business Analyst (City Manager’s Office) functions may also be responsible
for:
Negotiating and preparing contracts;
Managing service contracts;
Developing organizational metrics and implementing them across departments;
Leading customer service initiatives;
Analyzing contractor or franchisee performance, financial performance, market data and trends,
real estate pro formas and project cash flows;
Liaison for the City’s business community, assisting in economic development efforts and
business attraction;
Preparing financial models, operational studies, revenue and expenditure projections;
Leading city-wide initiatives such as technology project teams, strategic planning and
performance metrics; and
Providing assistance/serving as a technical resource for City departments.
272
The City of La Quinta
CLASS SPECIFICATION
Management Analyst
Rev. Januaryuly 20165 3
Positions assigned to Community Programs/Wellness Supervisor functions may also be responsible
for:
Developing and executing recreation/senior programs with the community and at the Wellness
Center;
Initiating and executing contracts for instructors and services;
Managing full and part-time staff at the Wellness Center;
Managing the daily operations of the facility; and
Working with nonprofit providers on health and social services for seniors.
Positions assigned to Management Analyst (Design and DevelopmentPublic Works) functions may
also be responsible for:
Coordinating department annual budget analysis, development and reporting via financial
software;
Coordinating Public Works Internship Program and National Public Works Week celebration;
Creating department communication, promotion, and outreach: preparing presentations/
articles/press releases, assisting homeowners and businesses, developing and updating
department Webpages, and providing GORequest system administration;
Updating Developer Engineer’s Handbook, Public Works Strategic Plan, Self-Assessment Update;
etc., as assigned; and
Assisting with overall department support on agreements, requests for proposals, public process
for Capital Improvement Projects, staff report processing, department meetings/special events,
staff reward program, and counter support.
Positions assigned to Principal Planner functions may also be responsible for:
Analyzing complex planning, zoning, and development issues and developing recommendations;
Preparing and presenting a variety of oral reports and recommendations for projects at public and
commission hearings;
Meeting with developers, customer and other department representatives regarding proposed or
contemplated projects; and
Researching, reviewing, and analyzing complex environmental, social, and economic data related
to planning, community development and land use activities.
TRAINING AND EXPERIENCE:
Bachelor’s Degree and, as assigned, four (4) years experience related to area of assignment.
Or an equivalent combination of education and experience sufficient to successfully perform the
essential duties of the job such as those listed above.
273
The City of La Quinta
CLASS SPECIFICATION
Management Analyst
Rev. Januaryuly 20165 4
LICENSING/CERTIFICATIONS:
Some positions may require a valid Class C California Driver’s License.
Engineer In Training (EIT) certificate required within one year of hire for engineering assignments.
KNOWLEDGE IN:
Supervisory principles;
Budgetary principles;
Applicable local, state and federal laws, rules and regulations;
Project management methods including leading cross-functional teams;
Contract administration and performance monitoring;
Program development, administration and evaluation principles;
Research methods, statistical analysis, program analysis and report preparation;
Organizational structure of the city and city services as they relate to area of assignment;
KNOWLEDGE IN:
Operating modern office equipment; and
Communication, interpersonal skills as applied to interaction with subordinates, coworkers,
supervisor, the general public, etc. sufficient to exchange or convey information, evaluate
performance and provide and/or receive work direction.
Positions assigned to Community Resources also require knowledge of:
Safety precautions and procedures for public recreation and senior activities;
Principles and techniques of recreational, cultural and social programs and senior activities; and
Public information and marketing strategies.
Positions assigned to Engineering also require knowledge of:
Principles of civil engineering;
Topographic and construction surveying;
Methods and materials used in engineering construction; and
Computer Aided Design (CAD) programs.
Positions assigned to Management/Business Analysts also require knowledge of:
Principles of change management;
Principles of business process analysis and financial analysis; and
Advanced financial modeling and forecasting techniques.
Positions assigned to Planning also require knowledge of:
Principles of land use planning and development; and
Demographic, environmental, social, economic and land use concepts.
274
The City of La Quinta
CLASS SPECIFICATION
Management Analyst
Rev. Januaryuly 20165 5
SKILL IN:
Advanced research and critical thinking;
Analysis and problem-solving;
Influencing the organization across multiple levels;
Mathematical computations;
Negotiation and conflict resolution;
Supervising and evaluating employees;
Prioritizing and assigning work;
Preparing written reports of high complexity and keeping accurate records;
Operating a computer and applicable software applications;
Applying local, state and federal laws, rules and regulations;
Customer service; and
Communication, interpersonal skills as applied to interaction with coworkers, supervisor, the
general public, etc. sufficient to exchange or convey information and to receive work direction.
ADA AND OTHER REQUIREMENTS:
Positions in this class typically require: standing, walking, fingering, talking, hearing, seeing and
repetitive motions.
Some assignments may be characterized as Sedentary Work: Exerting up to 10 pounds of force
occasionally and/or a negligible amount of force frequently or constantly to lift, carry, push, pull or
otherwise move objects, including the human body. Sedentary work involves sitting most of the
time. Jobs are sedentary if walking and standing are required only occasionally and all other
sedentary criteria are met.
NOTE:
The above job description is intended to represent only the key areas of responsibilities; specific
position assignments will vary depending on the business needs of the department.
CLASS HISTORY INFORMATION:
Draft prepared by Fox Lawson & Associates, a Division of Gallagher Benefit Services (DT)
Date: (3/2014)
Revised by City of La Quinta (7/2014); (7/2015)1/2016)
275
City of La Quinta
CLASS SPECIFICATION
Manager
Rev. Jan.April 20165 1
CLASS SERIES BAND/GRADE/SUBGRADE FLSA STATUS
Management D61 – D62 Exempt
CLASS SUMMARY:
This is the first level in a three-level Management Classification Series. Managers oversee
divisions and make interpretive decisions on behalf of the organization regarding the means for
executing the goals established by the relevant leader, regulatory body or governing body,
subject to constraints imposed by available technology and resources. Such interpretive
decisions provide context for the work to be accomplished by subordinates supervised within
the unit and/or designated programs managed. Incumbents are responsible for the
management of functions and budget associated with an assigned unit/designated program
and may be responsible for the supervision of professional, technical and administrative support
staff assigned to the unit. Based upon assignment, managers may administer units/designated
programs with administrative functions requiring differing levels of risk to the organization while
providing for the across-the-board first level management necessary to execute the process
and projects of the organization.
DISTINGUISHING CHARACTERISTICS:
Positions assigned to this classification are responsible for assisting in the management and
direction of a department by supervising/overseeing the work of a City division. As assigned,
incumbents supervise staff including conducting performance evaluations; coordinating
training; and implementing hiring, discipline and termination procedures.
ESSENTIAL DUTIES:
This class specification represents only the core areas of responsibilities; specific position
assignments will vary depending on the needs of the department.
Oversees the development and implementation of programs, policies and procedures for the division.
Supervises staff, as assigned, to include: prioritizing and assigning work; conducting performance
evaluations; ensuring staff are trained; ensuring that employees follow policies and procedures;
maintaining a healthy and safe working environment; and making hiring, termination and
disciplinary recommendations.
Administers and monitors the division’s budget, including allocating resources and approving
expenditures.
Assists the Director in developing and implementing department policies and procedures.
Attends required meetings with the department director, city manager, other city departments; other
regulatory entities; public boards and commissions; reviews and prepares reports, agenda items and
other official correspondence for city council and/or assigned boards/commissions; creates and
makes presentations to community organizations and city boards and commissions.
276
City of La Quinta
CLASS SPECIFICATION
Manager
Rev. Jan.April 20165 2
Performs other duties of a similar nature and level as assigned.
POSITION SPECIFIC RESPONSIBILITIES:
Positions assigned to Accounting Manager functions may also be responsible for:
Purchasing, payroll, and associated report preparation and records, or oversight of same;
Coordinating and taking the lead in the annual audit and preparation of the annual CAFR;
Maintaining the general ledger; preparing financial statements and financial reports, or oversight
of same; managing and reconciling various subsidiary accounts;
Administering and overseeing CIP and grant accounting the franchise fee programs;
Overseeing and managing computerized accounting systems;
Assisting with the formulation and development of the annual budget; and
Assisting the Finance Director as needed with complex financial analysis.
Positions assigned to the Assistant to City Manager functions may also be responsible for:
Fostering intergovernmental, council, and community relations; Overseeing significant
(large/city-wide) special projects;
Coordinating and managing the City’s Business Unit, including police, fire, emergency services,
waste, franchise agreements and information technology functions;
Coordinating communications activities to foster understanding of City-wide vision, strategic
priorites, program goals, and services among the public and City Employees; and
Working closely with the Community Development Department, facilitating opportunities and
partnerships with the community and businesses.
Positions assigned to Building Official functions may also be responsible for:
Review of building and construction plans for proper design and conformance with codes and
ordinances;
Approval and certification of final inspections;
Investigating complaints and potential violations of building codes/hazards and issuing non-
compliance notices; and
Non-structural plan checking and coordination of same.
Positions assigned to City Clerk may also be responsible for:
Performing all statutory duties of the City Clerk as set forth in the California Government Code
and La Quinta Municipal Code;
Attending all meetings of the City Council/Successor Agency/Oversight Board to the
Redevelopment Agency/Financing Authority/Housing Authority and recording minutes thereof;
Directing the preparation of/preparing agendas, resolutions, ordinances and written materials for
the City Council/Successor Agency/Financing Authority/Housing Authority/Oversight Board;
Overseeing the liability claims process and insurance review for City contracts;
Managing the city’s housing programs and contracts;
Directing citywide editing and research services;
Providing administrative support to the City Council and City Manager;
277
City of La Quinta
CLASS SPECIFICATION
Manager
Rev. Jan.April 20165 3
Maintaining all official records of the city and the city’s records management system;
Conducting recruitment for boards/commissions;
Conducting municipal elections and serving as Elections Official Deputy Registrar of Voters;
Maintaining the municipal code; and
Acting as Notary Public.
Positions assigned to Golf/Parks/Facilities Manager functions may also be responsible for:
Managing the operations and maintenance of the Citys’ golf development, parks, and facilities;
Serving as liaison between city and its golf course management firm including; coordinating and
reviewing work, inspecting facilities, and evaluating service provided;
Investigating, responding to, and resolving complaints from the public;
Coordinating park, recreational, and facility activities with fellow staff as well as community
groups, sports associations, other municipalities and untilities;
Participation in plan review of new development, capital improvement programming and value
engineering studies; for the golf development, parks and recreation sites, and facilities and
buildings, and
Crew safety training and safe work practices as well as public safety at City parks and facilities.
Positions assigned to Community Resources Manager functions may also be responsible for:
Contract management of the City’s marketing strategies (print and electronic);
Contract management for the Library and Museum operations;
Preparing and managing the recreation, wellness and large-scale community wide events;
Operation and management of the La Quinta Wellness Center and programs;
Strategic planning and development of economic development efforts of the Business Unit and
partnership between relationships with city businesses and community;
Oversight of the La Quinta Arts Foundation and La Quinta Chamber of Commerce agreements;
and
Overseeing Citywide Information Technology functions, contracts and expenditures.
Positions assigned to Customer Service Center Manager functions may also be responsible for:
Strategic development and implementation of the TRAKit and E-TRAKit software;
Coordinating efforts with other departments and divisions on integration of all Customer Service
Center functions and services;
Coordinating with Development, Building & Planning on TRAKit and E-TRAKit integration into plan
check, plan review and inspections efforts;
Overseeing the customization and integration of Short Term Vacation Rentals to manage
business licenses, permits and TOT collection; and
Providing data regarding the Business and Building development.
Positions assigned to Human Resources/Risk Manager functions may also be responsible for:
Developing, maintaining and/or implementing affirmative action plan,
classification/compensation and employee benefit programs, employee training and
development programs, performance management, recruitment and selection processes, and
risk management/safety programs and associated insurance;
278
City of La Quinta
CLASS SPECIFICATION
Manager
Rev. Jan.April 20165 4
Assisting with the conduct of internal investigations or employee grievances and recommending
course of action; and
Representing the city in collective bargaining, including development and costing of proposals.
Positions assigned to Maintenance Manager functions may also be responsible for:
Interpretation and implementation of plans, manuals and specifications;
Periodic inspections of facilities (i.e. streets and rights-of-way);
Participation in plan review of new development, capital improvement programming and value
engineering studies;
Crew safety training and safe work practices;
Oversees and manages the operations and maintenance of the City’s public streets, sidewalks,
landscape, lighting, storm drain facilities, graffiti abatement, and fleet equipment and vehicles;
and
Responsible for all facilities within the Landscape and Lighting District.
Positions assigned to Planning Manager functions may also be responsible for:
Overseeing the historic preservation, archaeological and paleontological provisions of the
municipal code;
Assisting with the preparation of development standards;
Overseeing and assisting with the Planning Division’s participation in the development review
process including reviewing subdivision plans for compliance with the General Plan and zoning
ordinances; and
Investigating and/or assisting with the resolution of planning problems, zoning changes, text
amendments, and language for specific plans and the General Plan.
Positions assigned to Public Safety Manager functions may also be responsible for:
Overseeing the Police, Fire and Emergency Operations functions with Riverside County;
Overseeing the Code Compliance and Animal Control programs to include strategic community
outreach and education;
Administering the City’s neighborhood vitalization efforts through code compliance and public
safety partners;
Managing the City’s grants portfolio including securing grants, procurement, and reconciliation
with financial policies and Finance Department; and
Overseeing the City’s franchise service providers for customer issues, revenue calculations, and
liaison on emergency related matters.
Positions assigned to Principal Engineer (Development Services) functions may also be responsible
for:
Serving as the City’s NPDES Coordinator, ensuring compliance and reporting with NPDES permits;.
Serving as the City’s Floodplain Manager to ensure compliance with state and federal flood plain
requirements;
Providing engineering support for all development entitlements from preliminary project review
to writing conditions of approval; and
Plan check all improvement plans, hydrology studies, WQMPs and land actions.
279
City of La Quinta
CLASS SPECIFICATION
Manager
Rev. Jan.April 20165 5
Positions assigned to Principal Engineer (Engineering Services) functions may also be responsible
for:
Preparation of the 5-Year Capital Improvement Plan;
Oversight of Capital Project design, bidding, and budget;
Serve as the Legally Responsible Person for projects covered under the Statewide General
Construction Storm Water Permit;
Oversight of private development inspection;
Oversight of the City Traffic Engineer including disposition of resident requests, city-wide speed
surveys;, and
Oversight of the maintenance and operations of the City’s traffic signal system.
TRAINING AND EXPERIENCE:
Bachelor’s degree and five (5) years’ experience related to area of assignment.
Or an equivalent combination of education and experience sufficient to successfully perform the
essential duties of the job such as those listed above.
LICENSING/CERTIFICATIONS:
As assigned, valid California Driver’s License may be required.
As assigned, California Professional Engineer (PE) License or ability to acquire it within one year of
employment.
As assigned, certification as a Building Inspector from the International Conference of Building
Officials (ICBO) or equivalent.
As assigned, Certified Public Accounting (CPA) license desired, but not required.
Other professional certifications related to assignment deemed desirable at time of recruitment.
KNOWLEDGE OF:
Managerial principles;
Supervisory principles;
Business administration principles;
Budgetary principles;
Applicable local, state and federal laws, rules and regulations;
Modern office equipment;
Organizational structure of the city and city services as they relate to area of assignment;
Safe working practices, procedures and regulations;
Customer service principles; and
Contract preparation, administration and service evaluation.
280
City of La Quinta
CLASS SPECIFICATION
Manager
Rev. Jan.April 20165 6
Positions assigned to Accounting/Finance functions also require knowledge of:
Generally accepted accounting principles and sound financial record-keeping methods;
Computer accounting applications and systems; and
Governmental accounting principles.
Positions assigned to Assistant to the City Manager also require knowledge of:
Principles, methods, practices and techniques of modern public administration, municipal
management, intergovernmental relations and board relations; and
Project management and research methodology.
Positions assigned to City Clerk also require knowledge of:
The Brown Act, Political Reform Act and California Elections Codes; and
Principles and practices related to municipal records management.
Positions assigned to Golf, Parks & Facilities Management also require knowledge of:
Principles, methods, practices and techniques of golf course management, maintenance and
operations;
Golf course tournament procedures; and
Golf course marketing techniques and promotional activities.
Positions assigned to Human Resources/Risk Management also require knowledge of:
Modern human resources principles, methods, practices and techniques including labor relations,
employee relations, risk management, injury prevention, workers’ compensation, absence
management, recruitment, selection, staff development and training, classification,
compensation, benefits administration, health and safety; and
Project management and research methodology.
Positions assigned to Maintenance functions also require knowledge of:
Maintenance operations, project management and cost control methods;
Pavement management systems and applicability to pavement maintenance; and
Landscaping practices, including scheduling, parks maintenance, turf management and pest
control.
Positions assigned to Planning also require knowledge of:
Principles, methods, practices and techniques of urban planning and development including
demographic, environmental, social and economic land use concepts; and
Statistical and research methodology.
Positions assigned to Engineering also require knowledge of:
Advanced principles and practices of civil and structural engineering;
Administration as applied to the design and construction of public works facilities and technical
inspection services;
All types of building construction materials and methods, and of stages of construction when
possible violations and defects may be most easily observed and corrected;
City building and zoning codes and related laws and ordinances; and
The California Subdivision Map Act.
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City of La Quinta
CLASS SPECIFICATION
Manager
Rev. Jan.April 20165 7
SKILL IN:
Supervising and evaluating employees;
Prioritizing and assigning work;
Assisting in the direction and management of operations;
Negotiating and conflict resolution;
Exercising independent judgment within organizational and legal frameworks;
Problem-solving, analysis and decision-making;
Applying local, state and federal laws, rules and regulations;
Public speaking;
Mathematical computations required for public budgeting, accounting and forecasting;
Operating a computer and relevant software applications;
Operating modern office equipment;
Communication, interpersonal skills as applied to interaction with subordinates, coworkers,
supervisor, the general public, etc. sufficient to exchange or convey information, evaluate
performance and provide and/or receive work direction.
ADA AND OTHER REQUIREMENTS:
Positions in this class typically require: sitting, standing, walking, fingering, grasping, talking, hearing,
seeing and repetitive motions. Positions involved in leadership of a field assignment may also require
occasional pushing, pulling, lifting, crouching, stooping or crawling.
Sedentary Work: Exerting up to 10 pounds of force occasionally and/or a negligible amount of force
frequently or constantly to lift, carry, push, pull or otherwise move objects, including the human body.
Sedentary work involves sitting most of the time. Jobs are sedentary if walking and standing are
required only occasionally and all other sedentary criteria are met.
NOTE:
The above job description is intended to represent only the key areas of responsibilities; specific
position assignments will vary depending on the business needs of the department.
CLASS HISTORY INFORMATION:
Draft prepared by Fox Lawson & Associates, a Division of Gallagher Benefit Services (DT)
Date: (1/2014)
Revised by City of La Quinta (17/20164)
282
City of La Quinta
CLASS SPECIFICATION
Director
Rev. Jan. 2016 1
CLASS SERIES BAND/GRADE/SUBGRADE FLSA STATUS
Management E81 – E82 Exempt
CLASS SUMMARY:
This is the second level in a three-level Management Series. Directors apply advanced management
principles with critical impact on citizens and the organization. Incumbents exercise strategic and
visionary thinking; have long-term organization-wide application and impact; develop and implement
programs critical to the city; and exercise control and supervision of multiple assigned functions
and/or divisions and significant resources. Responsibility crosses multiple functional units within the
organization comprising a designated department. Positions will usually have responsibility for
program outcomes.
DISTINGUISHING CHARACTERISTICS:
Department Directors exercise overall responsibility for policy development, program planning,
fiscal management, administration and operation of a department; are responsible for providing
professional and technical assistance to senior management staff, the City Manager, various
committees, commissions and the City Council; and coordinate activities with other
departments. Incumbents supervise staff including conducting performance evaluations,
coordinating training; and implementing hiring, discipline and termination procedures.
ESSENTIAL DUTIES:
This class specification represents only the core areas of responsibilities; specific position
assignments will vary depending on the needs of the department.
Directs the activities of the department to include overseeing the development and administration of
policies, procedures, programs, goals and objectives and presents them to the City Manager and City
Council as necessary.
Supervises staff to include: prioritizing and assigning work; conducting performance evaluations;
ensuring staff are trained; ensuring that employees follow policies and procedures; maintaining a
healthy and safe working environment; and making hiring, termination and disciplinary decisions.
Administers and monitors the department budget including allocating resources and approving
expenditures.
Attends City Council meetings; develops comprehensive reports and recommendations for the City
Manager and executive staff; prepares and/or reviews agenda items; attends other required
meetings with city manager, city staff, other regulatory entities, etc.
Represents the city to citizens, public and private agencies; responds to/resolves difficult or complex
inquiries and complaints.
Develops, reviews and/or recommends approval of policies, procedures, plans, ordinances, reports,
budget estimates, etc.
283
City of La Quinta
CLASS SPECIFICATION
Director
Rev. Jan. 2016 2
Performs other duties of a similar nature and level as assigned.
POSITION SPECIFIC RESPONSIBILITIES:
Positions assigned to Design and Development may also be responsible for:
Overseeing contracted and in-house engineering plan review, design, surveying and inspection;
Overseeing Capital Improvement Plan, construction, operations and maintenance activities;
Recommending approval of plans and engineering reports;
Preparing the Annual Engineer’s Report for the Landscape and Lighting District;
Planning and operations for Transportation Division;
Overseeing flood plain administration and stormwater quality compliance;
Overseeing the Pavement Management Program;
Preparing, revising and administering the Building Code, Zoning Ordinance, Official Zoning Map,
General Plan and other Specific Plans;
Recommending development standards and approval of proposed development projects and
subdivision plans;
Administering the City’s Customer Center, including business licenses and the short-term
vacation rental program; and
Creating, revising and monitoring development-related processes, applications, forms and fees.
Positions assigned to Facilities may also be responsible for:
Preparing and recommending strategic plans for department services and facilities;
Contract management for the operation and maintenance of City facilities/programs,
Library/Museum Services, Golf Operations, Street Maintenance, Parks Maintenance, and the
Lighting & Landscape District;
Overseeing the operations and management of the Citys’ golf development, public works
division, parks division, and buildings division;
Serving as liaison between City and its golf course management firm including coordinating and
reviewing work, inspecting facilities, evaluating service provided, and reporting to City Council;
Coordinating park, recreational, and facility activities with fellow staff as well as community
groups, sports associations, other municipalities and utilities;
Participation in plan review of new development, capital improvement programming and value
engineering studies; for the golf development, public works, parks and recreation sites, and
buildings; and
Managing and maintaining the City’s motorpool.
Positions assigned to Community Resources may also be responsible for:
Contract management for Information Technology, Police, Fire Safety and Emergency Services
contracts, Library and Museum contract, waste and franchise agreements;
Preparing and recommending strategic efforts for the citywide recreation and wellness programs
and facilities;
Fostering intergovernmental, council and community relations; oversight of significant (large
scale) community projects;
284
City of La Quinta
CLASS SPECIFICATION
Director
Rev. Jan. 2016 3
Overseeing Human Resources efforts including class and compensation and employee
development and relations;
Directing City-wide marketing strategies (print and electronic) and contracts; and
Overseeing the Code Compliance and Animal Control programs.
Positions assigned to Finance/Treasurer may also be responsible for:
Developing/monitoring the budget, collecting and disbursing revenues, accounting, financial
reporting and auditing;
Ensuring proper financial procedures and controls are implemented and used;
Coordinating the purchase, storage, and issuance of supplies, materials and equipment;
Administering property and inventory records, investment programs and cash flow; and
Serving as Chief Fiscal Officer of the City and as Treasurer pursuant to the Government Code of
the State of California and the La Quinta Municipal Code.
TRAINING AND EXPERIENCE:
Bachelor’s degree and five (5) years’ experience related to area of assignment including three (3)
years of leadership experience.
Or an equivalent combination of education and experience sufficient to successfully perform the
essential duties of the job such as those listed above.
LICENSING/CERTIFICATIONS:
As assigned, valid California Driver’s License may be required.
As assigned, CaliforniaProfessional Engineer (PE) License or ability to acquire it within one year of
employment, or other professional certifications related to assignment deemed desirable at time
of recruitment.
SKILL IN:
Supervising and evaluating employees;
Prioritizing and assigning work;
Negotiating and conflict resolution;
Exercising independent judgment within organizational and legal frameworks;
Problem-solving, analysis and decision-making;
Preparing complex reference materials, manuals, reports, rules, laws, regulations and other
items;
Applying local, state and federal laws, rules and regulations;
Public speaking;
Mathematical computations required for public budgeting, accounting and forecasting;
Operating modern office equipment;
Operating a computer and relevant software applications; and
Communication, interpersonal skills as applied to interaction with subordinates, coworkers,
supervisor, the general public, etc. sufficient to exchange or convey information, evaluate
285
City of La Quinta
CLASS SPECIFICATION
Director
Rev. Jan. 2016 4
performance and provide and/or receive work direction.
ADA AND OTHER REQUIREMENTS:
Positions in this class typically require: sitting, standing, walking, fingering, grasping, talking, hearing,
seeing and repetitive motions.
Sedentary Work: Exerting up to 10 pounds of force occasionally and/or a negligible amount of force
frequently or constantly to lift, carry, push, pull or otherwise move objects, including the human body.
Sedentary work involves sitting most of the time. Jobs are sedentary if walking and standing are
required only occasionally and all other sedentary criteria are met.
NOTE:
The above job description is intended to represent only the key areas of responsibilities; specific
position assignments will vary depending on the business needs of the department.
CLASS HISTORY INFORMATION:
Draft prepared by Fox Lawson & Associates, a Division of Gallagher Benefit Services (DT)
Date: (1/2014)
Revised by City of La Quinta (12/20165)
286
City of La Quinta
CITY COUNCIL MEETING: January 19, 2016
STAFF REPORT
AGENDA TITLE: ADVISORY COMMITTEE REPORT AND RECOMMENDATIONS
RECOMMENDATION
Receive the report and direct staff to schedule a Study Session for February 16, 2016.
EXECUTIVE SUMMARY
• In April 2015, Council provided framework for an Advisory Committee (Committee)
to evaluate the City’s current and long term financial position, and formulate
recommendations. A fourteen-member committee was appointed in June 2015.
• The Committee met during the last seven months; established three
subcommittees to separately review expenditures, sales tax revenue, and other
revenue; and compiled a report of findings and recommendations.
FISCAL IMPACT – None.
BACKGROUND/ANALYSIS
On April 7, 2015, Council provided broad framework to staff for an Advisory Committee to
be formed to evaluate the City’s long-term fiscal health and to closely examine the City’s
revenue sources and expenditures. Fourteen La Quinta residents and business owners
applied; on June 16, 2015, Council appointed all fourteen members to the newly formed
Advisory Committee.
The Committee has held 10 meetings since July. Three subcommittees were formed that
focused on expenditures, sales tax revenue, and other revenue. Each subcommittee and
the Committee collectively, have met with City staff (at all levels) to gain insight of the
City’s mission, budget, expenditures, revenues, economic development initiatives,
management practices, and accountability measures.
Based on the Committee’s inquiries and analysis, a detailed report was compiled,
evaluating the City’s current and long-term finances. The Committee also prepared a
series of scenarios and financial projections upon which the Committee formulated their
recommendations.
Given the report’s detail, staff will schedule a Study Session for February 16, 2016, so that
the Council and community may have time to review the report and discuss the
Committee’s findings and recommendations.
Prepared by: Ted Shove, Business Analyst
Approved by: Frank J. Spevacek, City Manager
Attachment: 1. Advisory Committee Report
2. Exhibit 5 – Ten Year CIP Projections
STUDY SESSION ITEM NO.
287
288
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89,614,020Exhibit 5 (3 of 3)ATTACHMENT 2 361
ATTACHMENT 2 362
City of La Quinta
CITY COUNCIL MEETING: JANUARY 19, 2016
STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTION TO APPROVE AN AGREEMENT WITH RIVERSIDE
COUNTY FOR ANIMAL SHELTER, FIELD AND LICENSING SERVICES; SUSPENDS RESOLUTION
NO. 99-150; AND ADOPTS RIVERSIDE COUNTY’S SCHEDULE OF FEES FOR ANIMAL
IMPOUNDS AND LICENSING FOR THE TERM OF THE AGREEMENT
RECOMMENDATION
Adopt a resolution approving an agreement with Riverside County Department of Animal
Services for animal shelter, field and licensing services, suspends Resolution No. 99-150,
and adopts Riverside County Department of Animal Services’ Schedule of Fees for Animal
Licensing and Impounds for the term of the agreement.
EXECUTIVE SUMMARY
In January 2013, Code Compliance/Animal Control staff was reduced from nine to
five officers, which shifted code compliance efforts from actively surveying
violations (proactive) to primarily responding to complaints (reactive).
The City entered into an agreement with Riverside County Department of Animal
Services (RCDAS) in July 2013 to provide after-hours and on-call animal field
services.
In July 2015, Council directed staff to explore expanding this contract to include all
animal control with the exception of administration.
In September 2015, the Code Compliance Division conducted an extensive
community outreach to prioritize code compliance needs. Results suggested Code
Compliance take a more proactive stance.
By contracting with RCDAS for full time animal field services, City staff can direct
efforts towards proactive code compliance.
FISCAL IMPACT
The RCDAS full-time animal field services will cost an estimated $127,026 per year
(estimated because if demand increase the cost will increase). This compares to the all-in
(salary and benefits) cost to hire another code/animal officer of $100,000. This cost could
be offset by $26,424 in increased animal license fee income, if the City adopted the
County’s animal license fee schedule. The total contract cost (including sheltering,
licensing and full time and stand-by field services) is $221,433. The City currently
annually pays RCDAS $94,407 for shelter, license and after hours services.
PUBLIC HEARING ITEM NO. 1
363
BACKGROUND/ANALYSIS
In 2013, the City reduced expenses to offset reduced revenue. One expense reduction
measure entailed reducing code compliance and animal control staff; the remaining staff
focused on animal control efforts and code compliance activities shifted from proactively
surveying the community for code violations to instead responding to complaints. The
City also outsourced animal field services (after City business hours, weekends and
holidays). In July 2013, the City contracted with RCDAS for on-call and after-hours animal
field services, and in April 2015 for animal license services.
Given the success of the RCDAS services, in July 2015 staff recommended that the City
evaluate outsourcing animal field services entirely. The goal was to find a cost effective
means to increase code compliance efforts. The City conducted an extensive community
outreach effort to prioritize code compliance needs. Residents identified an acute need to
shift code compliance from a reactive to a proactive stance. Given that a majority of the
code/animal staff time was dedicated to animal field services, two options were
presented for City Council consideration – hire an additional code/animal officer or
contract with RCDAS for full-time animal field services. The Council selected the latter.
The attached Agreement (Attachment 1) provides for RCDAS to provide full-time animal
field services. It incorporates all animal services with the exception of administration.
The term is for one year, with two one-year extensions, and includes the following:
Guaranteed staff resource for 2,080 hours per year for service calls during normal
working hours;
Continued RCDAS services for on-call and after-hours animal field services;
All Worker’s Compensation, commercial general and vehicle liability coverages;
and
RCDAS-provided vehicle (maintenance and fuel costs included in Agreement cost).
Impound Fees
These discussions also surfaced the need to modify dog impound fees. While the City
uses County facilities to impound animals City staff find roaming the community, the City
is charging fees based upon a 1999 fee schedule; these fees have not been evaluated or
increased since November 1999. The County has implemented a new fee schedule.
Below is a comparison of the City’s 1999 fees and the current County fees.
First Second Third Fourth First Second Third Fourth
City 10.00$ 50.00$ 100.00$ 150.00 $ 45.00$ 100.00$ 200.00 $ 250.00$
Impound - Unaltered
*Unaltered Dog Impounds: RCDAS charges $75 Mandatory Spay Neuter Depost + daily
boarding fees per impound
County
(Jan 2016)150.00 $ 150.00 $ 100.00 $ 50.00 $ 150.00 $ 150.00 $ 100.00 $ 50.00 $
Agency Impound - Altered
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In order to contract for RCDAS services, the City must suspend its 1999 fee schedule and
instead use the County’s fee schedule. The attached Resolution facilitates this.
License Fees
In April 2015, the Council approved an agreement to outsource animal licensing to RCDAS
with resulting cost efficiencies in staff resources. During approval, Council suggested that
staff evaluate existing animal licensing fees. Presently, RCDAS charges a $5.85 per
license processing fee. This charge is deducted from gross revenue received from La
Quinta residents. If the City adopted the County license fee schedule, revenue above
RCDAS cost ($5.85 per license) would offset fund some of the RCDAS animal field service
cost. Staff projects that the County fee schedule would generate $26,424 in annual
revenue that would be used to fund some of the animal field services contract cost.
The chart below illustrates the City’s current licensing fees and the County fees for 2016.
Public Hearing
This items is schedule as a public hearing because if the Council elected to adopt the
County impound and license fee schedule, a noticed public hearing must be held to
receive public input on these fee changes.
Animal Control Administration
The City would retain the administrative aspects of animal services including all animal
bite and vicious declaration hearings.
ALTERNATIVES
The Council could elect to not contract with the County and instead hire an additional
code/animal officer. Staff anticipates that the City would still need to adopt the County’s
impound fee schedule. The Council could also elect to not adopt the County license fee
schedule.
Prepared by: Anthony Moreno, Animal Control/Code Compliance Supervisor
Approved by: Edie Hylton, Deputy City Manager
Attachments: 1. Agreement with County of Riverside
2. County of Riverside Ordinance 630 outlining County’s Schedule
of Fees for Animal Impounds and Licensing
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RESOLUTION NO. 2016 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, APPROVING AGREEMENT WITH
RIVERSIDE COUNTY FOR ANIMAL SHELTER, FIELD AND
LICENSING SERVICES; SUSPEND RESOLUTION 99-150;
AND ADOPT SCHEDULE OF FEES FOR ANIMAL IMPOUNDS
AND LICENSING FOR THE TERM OF THE AGREEMENT
WHEREAS, the City seeks to shift from a reactive to a proactive approach to
Code Compliance; which can be achieved by contracting animal services to the County
to enable code staff to focus their attention on issues impacting our community; and
WHEREAS, Riverside County Department of Animal Services possesses the
capability to provide animal field services full time in addition to other services the City
currently contracts for, including sheltering, licensing, and on-call animal field
services; and
WHEREAS, Riverside County shifted its business practices in January 2012,
resulting in a single, unified animal impound fee schedule countywide; and
WHEREAS, the unified impound schedule supercedes all community fee
schedules previously set by a City Resolution countywide; and
WHEREAS, Chapter 10.08 and Chapter 10.20 of the La Quinta Municipal Code
and Charter provides for the establishment of dog license fees and animal impound
fees, by resolution of the City Council (No. 99-150); and
WHEREAS, this action is exempt under California Environmental Quality Act
(CEQA), Article 18, Statutory Exemptions, Section 15273 (a) “Rates, Tolls, Fares, and
Charges.”; and
WHEREAS, this hearing to set fees was duly noticed pursuant to Government
Code Section 66016, Local agency fees; new fees and increases.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta,
California, as follows:
SECTION 1. Does hereby resolve to approve Agreement with Riverside County for
animal shelter, field, and licensing services.
SECTION 2. Suspend City of La Quinta Resolution 99-150 for the term of the
agreement with Riverside County Department of Animal Services for sheltering,
licensing and animal field services.
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Resolution No. 2016-
Approve Agreement with Riverside County for Animal Services; Suspend Resolution 99-150; and Adopt Schedule of fees for animal
impounds & licensing
Adopted: January 19, 2016
Page 2 of 2
SECTION 3. Adopt current Riverside County Board of Supervisors approved fee
schedule for animal impounds and licensing for the term of the agreement with
Riverside County Department of Animal Services for sheltering, licensing and animal
field services.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City
Council held on this 19th day of January, 2016, 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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1. COUNTY OBLIGATIONS:
COUNTY shall provide all services as outlined and specified in Exhibit A, Scope of
Animal Field Services and Exhibit B, Scope of Animal Shelter Services attached hereto
and by this reference incorporated herein.
2. PERIOD OF PERFORMANCE:
The Animal Field Services as referenced in Exhibit A of this Agreement shall be effective
February 15, 2016 through June 30, 2016, with options to renew annually in one (1) year
increments through June 30, 2018, unless terminated as specified in Section 7,
TERMINATION. The Animal Shelter Services as referenced in Exhibit B of this Agreement
shall be effective on July 1, 2015 through June 30, 2016, with options to renew annually in
one (1) year increments through June 30, 2018, unless terminated as specified in Section 7,
TERMINATION.
3. COMPENSATION:
In consideration of services provided by COUNTY pursuant to Exhibit A, and Exhibit
B, COUNTY shall be entitled to receive payment as specified in Exhibit C, Payment
Provisions attached hereto and incorporated herein by this reference.
4. AVAILABILITY OF FUNDING:
It is mutually agreed and understood that the obligation of the CITY is limited by and
contingent upon the availability of CITY funds for the reimbursement of COUNTY’s fees.
In the event that such funds are not forthcoming for any reason, CITY shall immediately
notify COUNTY in writing. COUNTY shall be entitled to reimbursement of costs for work
performed, in accordance with EXHIBIT C.
5. HOLD HARMLESS/INDEMNIFICATION:
5.1 CITY shall indemnify and hold harmless the County of Riverside, its Agencies,
Districts, Special Districts and Departments, their respective directors, officers, Board
of Supervisors, elected and appointed officials, employees, agents and representatives
from any liability, claim, damage or action whatsoever, based or asserted upon any
actions of CITY, its officers, employees, subcontractors, agents or representatives
arising out of or in any way relating to this Agreement, including but not limited to
property damage, bodily injury, or death or any other element of any kind or nature
whatsoever and resulting from any reason whatsoever arising from the actions by
CITY, its officers, agents, employees, subcontractors, agents or representatives of this
Agreement. CITY shall defend, at its sole expense, all costs and fees including but
not limited to attorney fees, cost of investigation, defense and settlements or awards
of all Agencies, Districts, Special Districts and Departments of the County of
Riverside, their respective directors, officers, Board of Supervisors, elected and
appointed officials, employees, agents and representatives in any such action or claim
or action based upon such alleged acts or omissions.
5.2 With respect to any action or claim subject to indemnification herein by CITY, CITY
shall, at its sole cost, have the right to use counsel of its own choice and shall have the
right to adjust, settle, or compromise any such action or claim without the prior
consent of COUNTY; provided, however, that any such adjustment, settlement
or compromise in no manner whatsoever limits or circumscribes CITY’s
ATTACHMENT 1
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indemnification to COUNTY as set forth herein. CITY’s obligation to defend,
indemnify and hold harmless COUNTY shall be subject to COUNTY having given
CITY written notice within a reasonable period of time of the claim or of the
commencement of the related action, as the case may be, and information and
reasonable assistance, at CITY’s expense, for the defense or settlement thereof.
CITY’s obligation hereunder shall be satisfied when CITY has provided to
COUNTY the appropriate form of dismissal relieving COUNTY from any liability for
the action or claim involved.
5.3 The specified insurance limits required in this Agreement shall in no way limit or
circumscribe CITY’s obligations to indemnify and hold harmless COUNTY herein
from third party claims.
5.4 COUNTY shall indemnify and hold harmless the CITY, its Agencies, Districts,
Special Districts and Departments, their respective directors, officers, governing
bodies, elected and appointed officials, employees, agents and representatives from
any liability whatsoever, based or asserted upon any negligent or willful misconduct
of COUNTY its officers, employees, subcontractors, agents or representatives arising
out of or in any way relating to this Agreement, including but not limited to property
damage, bodily injury, or death or any other element of any kind or nature whatsoever
arising from the performance by COUNTY, its officers, agents, employees,
subcontractors, agents or representatives of this Agreement. COUNTY shall defend
at its sole expense, all costs and fees including but not limited to attorney fees, cost of
investigation, defense and settlements or awards of all Agencies, Districts, Special
Districts and Departments of the CITY, their respective directors, officers, governing
body, elected and appointed officials, employees, agents and representatives in any
claim or action based upon such negligent or omissions.
5.5 With respect to any action or claim subject to indemnification herein by COUNTY,
COUNTY shall, at its sole cost, have the right to adjust, settle, or compromise any
such action or claim without the prior consent of CITY provided, however, that any
such adjustment, settlement or compromise in no manner whatsoever limits or
circumscribes COUNTY’s indemnification to CITY as set forth herein. COUNTY’s
obligation to defend, indemnify and hold harmless CITY shall be subject to CITY
having given COUNTY written notice within a reasonable period of time of the claim
or of the commencement of the related action, as the case may be, and information
and reasonable assistance, at COUNTY’s expense, for the defense or settlement
thereof. COUNTY’s obligation hereunder shall be satisfied when COUNTY has
provided to CITY the appropriate form of dismissal relieving CITY from any liability
for the action or claim involved.
5.6 The specified insurance limits required in this Agreement shall in no way limit or
circumscribe COUNTY’s obligations to indemnify and hold harmless the CITY
herein from third party claims.
6. INSURANCE: COUNTY agrees to maintain the following insurance coverage’s
during the term of this Agreement:
6.1 Workers’ Compensation:
COUNTY shall maintain Workers’ Compensation Insurance (Coverage A) as
prescribed by the laws of the State of California. Policy shall include Employers’
Liability (Coverage B) including Occupational Disease with limits not less than
$1,000,000 per person per accident.
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6.2 Commercial General Liability:
COUNTY shall maintain Commercial General Liability insurance coverage for claims
which may arise from or out of COUNTY’s performance under this Agreement.
This coverage shall have a limit of liability not less than $1,000,000 per
occurrence combined single limit.
6.3 Vehicle Liability:
COUNTY agrees to maintain automobile liability insurance for vehicles provided by
the COUNTY for use under this Agreement. This coverage shall have a limit of
liability of not less than $1,000,000 combined single limit.
6.4 General Insurance Provisions - All lines:
6.4.1 Any insurance carrier providing insurance coverage hereunder shall be
admitted to the State of California and have an A M BEST rating of not less
than A: VIII (A:8).
6.4.2 The insurance requirements contained in this Agreement may be met with
a program(s) of self-insurance.
7. TERMINATION:
CITY and COUNTY reserve the right to terminate this Agreement at any time, with or
without cause, upon one hundred eighty (180) days advance written notice stating the
extent and effective date of termination. Upon receipt of any notice of termination
from CITY, COUNTY shall immediately cease all services hereunder except such as
may be specifically approved in writing by CITY and COUNTY. COUNTY shall be
entitled to compensation for all services rendered prior to termination and for any services
authorized in writing by CITY thereafter. Upon receipt of any notice of termination from
CITY, COUNTY shall continue to provide services until effective date of termination as long
as they are continuing to be paid in “good faith”.
8. FORCE MAJEURE;
8.1 In the event the COUNTY is unable to comply with any provision of this Agreement
due to causes beyond their control such as acts of God, acts of war, civil disorders, or
other similar acts, COUNTY will not be held liable to CITY for such failure to comply.
8.2 In the event CITY is unable to comply with any provision of this Agreement due to
causes beyond their control such as acts of God, acts of war, civil disorders, or other
similar acts, CITY will not be held liable to COUNTY for such failure to comply.
9. ALTERATION;
No alteration or variation of the terms of this Agreement shall be valid unless made in
writing and signed by the parties hereto, as authorized by their respective governing bodies,
and no oral understanding or agreement not incorporated herein, shall be binding on any of
the parties hereto.
10. SEVERABILITY:
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid,
void or unenforceable, the remaining provisions will nevertheless continue in full force
without being impaired or invalidated in any way.
11. RECORDS:
COUNTY shall maintain and keep records of all expenditures and obligations incurred
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pursuant to this contract and all income and fees received thereby according to
generally recognized accounting principles. Such records and/or animal control operations
of COUNTY shall be open to inspection and audit by CITY or its authorized representative
as is deemed necessary by the CITY Manager or the authorized representative of the
CITY Manager upon reasonable notice to COUNTY.
12. NO THIRD PARTY BENEFICIARY:
This contract between CITY and COUNTY is intended for the mutual benefit of the two
signing parties only. No rights are created under this contract in favor of any third party
or any party who is not a direct signatory to this contract.
13. NONDISCRIMINATION:
During the performance of this contract, COUNTY agrees that it shall not discriminate
on the grounds of race, religious creed, color, national origin, ancestry, age, physical
disability, mental disability, medical condition including the medical condition of
Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto,
marital status, sex or sexual orientation in the selection and retention of employees and
subcontractors and the procurement of materials and equipment, except as provided in
Section 12940 of the Government Code of the State of California. Further, COUNTY
agrees to conform to the requirements of the Americans with Disabilities Act in the
performance of this contract.
14. VENUE:
Any action at law or in equity brought by either of the parties hereto for the purpose of
enforcing a right or rights provided for by this contract shall be tried in a court of
competent jurisdiction in the County of Riverside, State of California, and the parties
hereby waive all provisions of law providing for a change of venue in such proceedings
to any other county. In the event either party hereto shall bring suit to enforce any term
of this contract to recover any damages for and on account of the breach of any term
or condition of this contract, it is mutually agreed that the prevailing party in such action
shall recover all costs thereof including reasonable attorneys’ fees to be set by the court
in such action.
15. ASSIGNMENT:
It is mutually understood and agreed that this contract shall be binding upon COUNTY
and its successors. Neither this contract nor any part thereof nor any moneys due or to
become due hereunder may be assigned by COUNTY without the prior written consent
and approval of CITY. CITY and COUNTY hereby agree to the full performance of
the covenants contained herein.
16. AMENDMENTS:
Any amendments, including any supplements, to this contract shall be in writing and
shall have the approval of the Board of Supervisors of COUNTY and the CITY
Council. This is the entire contract for Animal Field and Shelter Services and supersedes
any prior written or oral contract inconsistent herewith. Any amendment will be presented
to the City Manager prior to CITY Council approval.
17. NOTICES:
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All correspondence and notices required or contemplated by this Agreement shall be
delivered to the respective parties at the addresses set forth below and are deemed
submitted one day after their deposit in the United States mail, postage prepaid:
COUNTY: CITY:
Department of Animal Services City of La Quinta
6851 Van Buren Boulevard 78495 Calle Tampico
Jurupa Valley, CA 92509 La Quinta, CA 92253
Attention: Director Attention: City Manager
or to such other address (es) as the parties may hereafter designate in writing.
// // // // //
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CITY OF LA QUINTA
EXHIBIT A
SCOPE OF ANIMAL FIELD SERVICE
The County of Riverside, hereinafter referred to as COUNTY, agrees to provide the following
animal field services for the City of La Quinta, hereinafter referred to as CITY:
1. Definition of Field Services: The Animal Field Services to be provided by COUNTY for
CITY within the corporate limits of CITY shall include but not be limited to the following
activities:
1.1 Field Service Assistance: Respond to all calls for field service assistance pursuant to
the priority of calls as described in this Exhibit.
1.2 Impoundment: Impound all animals found at large and collect such impound fees as
as referenced in Riverside COUNTY Code Title 6 or appropriate CITY ordinance
(Title 10).
1.3 Proper Care and Treatment: Provide care and treatment to any stray or abandoned
animal in accordance with State law and local ordinances.
1.4 Animal Bites: Investigate reported bites by animals. COUNTY shall respond in
person to all reported bites by dogs or by suspected rabid or wild Animals. As part of
this response, COUNTY shall contact and interview the bite victim (or the victim's
parent(s) or guardian(s) in the case of a minor) as part of the bite investigation
procedure.
1.5 Quarantine: Quarantine, as prescribed by State law, or by applicable CITY
ordinance (Title 10 for provisions of quarantine and administrative hearings), all
animals suspected to be rabid and/or that have bitten a person or wildlife animal.
1.6 Stray and Barking Animal Complaints: Respond to and process stray and barking
animal complaints as prescribed by applicable CITY ordinance (Title 10).
1.7 Dead Animals: Remove dead Animals from the public right-of-way including
highway 111 that falls within city limits.
1.8 Return of Impounded Animals: Encourage the return of any lost/stray Animal
(impounded by field personnel) to the rightful owner in the field, subject to the
payment of impound fees.
1.9 Licenses for Dogs: County shall issue dog licenses for City residents at City’s
request. All fees collected for dog licenses shall be accounted for by County and
credited to City on a monthly basis, provided, however, that County shall retain the
sum of $5.85 for each dog license issued hereunder. County shall verify dog license
status when responding to requests for service or when responding to complaints
about animal behavior. The Animal Control Officer, as part of said officer's regular
animal control duties as defined by, but not limited to, the terms of this contract, shall
conduct license inspection activities during animal control investigations so as to
ascertain the number of unlicensed dogs, to license such dogs and to foster
compliance with City of La Quinta Municipal Code. County shall also provide an
automated or manual verification system whereby owners can verify the status of their
animal’s license by telephone.
1.10 Kennels and Catteries: COUNTY shall enforce the prohibition of kennels and
catteries as referenced in City Municipal Code Title 10, and Title 9.
1.11 Issuance of Warnings and Citations: Enforce all applicable provisions of
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and CITY ordinances (Title 10), including the issuance of warning notices or
citations using CITY citation book.
1.12 Service to Public: Provide service to the public on matters covered in this contract
consistent with established policies and procedures that promote courteous and
efficient service and good public relations. Other policies and procedures
notwithstanding, COUNTY, in processing any type of complaint or request for
service, will indicate to the caller that a response can be expected as per Section 6
below.
2. Shelter Care and Disposition Services: The COUNTY will house CITY’s animals at the
Coachella Valley Animal Campus, or another County operated shelter at the County’s
discretion.
3. License Processing/Reports:
Compensation for License processing shall be based upon actual licenses processed
and licensing processing rate. License processing costs shall be billed monthly and
total resulting compensation may vary from estimated contract cost. County will track
licensing data and generate statistical reports. Reporting shall include, but not be limited
to, specific data such as the name of the licensee, date of issuance, date expiration/renewal,
description of the dog and the serial number of the license issues; list of non-compliant
veterinarians, general data such as the total number of licenses issued year to date, licenses
due for renewal, and other criteria that may be required by law (Local Rabies Control
Activities Annual Report) or that is otherwise requested by City.
4. Provision of Vehicles and Radio Equipment: COUNTY shall provide animal control
vehicle(s) with the appropriate animal control boxes mounted on the truck chassis and with
an air conditioning unit mounted on the animal control truck boxes for use to provide
contract services. The COUNTY shall equip, fuel, and maintain said vehicles at the
COUNTY’s sole cost and expense.
5. Missing or Stolen Animals: COUNTY shall file a report with the Riverside County
Sheriff’s Department within 24 hours if an impounded Animal is missing or suspected to
have been stolen from an animal control vehicle or while in COUNTY custody. COUNTY
shall indicate on the police report the circumstances of the Animal's disappearance.
6. Priority of Field Services:
6.1 Definitions: Services are those enforcement activities rendered by COUNTY
pursuant to the applicable sections of Riverside COUNTY Code, Title 6, State law
and CITY ordinances (Title 10) and are assembled for expediency into two
categories: Emergency and Non-Emergency. Priority Ranking refers to the order of
priority with which a call will be handled. All calls will go directly to the dispatcher
or assigned clerical staff for relay to the Animal Control Officer. If a call is
“exceptional,” as defined in Section 6.4 of this Exhibit, it will be referred directly to
the Supervisor for evaluation and processing.
Field service activities will be performed daily and generally based upon the
priority ranking and based on limited service hours in accordance with contract
or part-time officer. All calls involving imminent danger scenarios will be
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responded to within 60 minutes if reasonably possible, subject to considerations
involving the time of day, traffic conditions, or other uncontrollable
circumstances.
An Animal Control Officer will respond to animal medical emergencies and other
emergencies involving danger to humans within 30 minutes or less during regular
service hours, Monday through Friday, and within 60 minutes or less on Saturdays
and Sundays and after regular service hours and holidays. CITY acknowledges that
response time may be affected by traffic congestion or other hindering circumstances
uncontrollable by the COUNTY.
COUNTY shall provide a means for responding to calls for service that take place
during limited service periods (as defined below) which are of an emergency nature
pursuant to this Exhibit. Field service personnel shall be assigned to patrol and other
service field tasks as defined by COUNTY and CITY.
The following definitions of “regular service hours,” “limited service” and
“holidays” are intended to identify the general time frames during which specific
levels of service will be provided. “Regular Service Hours” shall be deemed to mean
between the hours of 7:30 am to 5:00 pm, Monday through Friday, holidays
excepted. “Limited service” shall be deemed to mean between the hours of 5:00 pm
to 7:30 am, Monday through Friday, all day Saturday, Sunday and on holidays.
“Holidays” as herein shall be those as established by the COUNTY and the CITY.
The COUNTY shall answer all telephone calls for Field Services during phone
center operational hours. Calls shall be received by the COUNTY answering service
after hours and on holidays, as noted above. Calls answered by the answering service
will be handled on an emergency basis as outlined in this Exhibit. The dispatcher
and/or clerical support staff shall maintain a detailed record of all requests, for
service, both emergency and routine, received during regular service hours and after
regular service hours, including time and date, when the calls were answered and the
disposition of those calls. Records of these calls shall be maintained for at least
thirty (30) days.
The CITY and COUNTY agree that any incident reports to the COUNTY by
residents or through emergency services involving a dangerous, aggressive, wild,
injured or sick animal constitute an emergency and require immediate action by the
COUNTY pursuant to this contract.
Calls for service received after normal business hours that are not of an emergency
nature shall be answered by an answering service and referred to call back on the
next business day during phone center operational hours. These calls will then be
scheduled for response in accordance with this Exhibit.
6.2 Calls considered as Emergencies to be handled Without Delay:
6.2.1 Animals endangering health or safety of the community.
6.2.2 Police Department requests for service.
6.2.3 Sick or injured stray animals.
6.2.4 Animals in distress.
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6.2.5 Humane investigations – life threatening. (Depending on immediate
circumstance)
6.2.5 Snakes
6.2.6 Dead animal removal that impedes traffic
6.3 Calls Considered as Non-Emergency to be handled during Regular
Business Hours:
6.3.1 Pick-up confined, healthy, stray-animals.
6.3.2 Dead animal removal that does not impede traffic
6.3.3 Quarantine investigations.
6.3.4 Leash law enforcement.
6.3.5 Nuisance animal investigations.
6.3.6 Permit investigations.
6.4 Exceptions:
The Animal Control Director or the deputies of the Animal Control Director may,
on a case-by-case basis, authorize variations of priority when circumstances require.
COUNTY shall provide a written report within five (5) business days of making a
determination that a variation in priority was required. Qualifying incidents will be
determined by the responding officer.
7. Trapping: COUNTY shall provide advice and assistance in setting a humane trap for an
animal at large or a wild animal on public or private property, utilizing a CITY trap or the
residents’ private trap. COUNTY shall not be required to move belongings or maintain on-
premises surveillance, unless in the opinion of the Director of Animal Services or the responding
Animal Control Officer there is a direct, clear and present danger to human life. The CITY has
purchased traps and stores them at the CITY yard for the above mentioned purposes to be used
for CITY residents. Traps will be available to CITY residents on a first-come, first-served basis.
COUNTY may provide CITY residents with CITY traps at no cost to residents. COUNTY is not
required to provide vector control services under the provision of this contract.
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CITY OF LA QUINTA
EXHIBIT B
SCOPE OF ANIMAL SHELTER SERVICES
The County of Riverside, hereinafter referred to as COUNTY, agrees to operate and provide the
following Animal Shelter Services for the City of La Quinta, hereinafter referred to as CITY:
1. Shelter Location: The COUNTY will house the CITY’s animals at the Coachella Valley
Animal Campus Shelter located at 72-050 Petland Place, Thousand Palms CA 92276
(“Shelter”), or at another shelter operated by the County of Riverside at County’s
discretion.
The handling of these animals shall comply with the terms of this contract and all
applicable State laws. The COUNTY is responsible for the maintenance and operation of
the shelter, and the care of the animals on a 24-hour per day basis.
2. Contract Performance: COUNTY’s Director of Department of Animal Services, or
appointed designee, shall meet as necessary to discuss contract performance with the
CITY’s City Manager or appointed designee.
3. Shelter Services: COUNTY shall do all of the following:
3.1 Treatment of Animals: Adequate care and treatment of animals while in custody at
the Shelter to ensure that animals impounded are provided with humane and
appropriate levels of care including a clean environment, fresh water, adequate
nutrition and appropriate medical care.
3.2 Spay and Neuter: Ensuring that all dogs and cats adopted from the Shelter are
spayed or neutered, or that adequate provisions are made for such spaying or
neutering if COUNTY transfers any animals, or if adopted animal is unable to
receive spaying or neutering due to a medical condition.
In accordance with California Food and Agricultural Code Sections 30503 and
31751.3, if a veterinarian employed at the Shelter certifies that a dog or cat is too
sick or injured to be spayed or neutered, the COUNTY shall collect a spay/neuter
deposit from said adopter or purchaser and said deposit will be deposited into a
segregated fund, which will be maintained by the COUNTY. Such deposit will
be fully refunded to the adopter or purchaser if proof of sterility is provided within
30 business days from the date of surgery, at which the deposit is forfeited in
accordance with the CA Code 30503 and 31751. Accordingly spay and neuter
deposits may only be used by the COUNTY for programs to spay or neuter dogs and
cats.
3.3 Volunteer Program: Maintenance of a program to provide for the participation of
Volunteers in programs relating to animals.
3.4 Enforcement: Enforce all applicable provisions of County of Riverside Code, Title
6, ANIMALS, and State law as may be applicable to animals housed, kept or
maintained at the Shelter.
3.5 Incoming Animal Identification: Incoming animals must be checked immediately
for collar tag, and scanned for microchip by qualified Shelter staff within one
hour of arrival to the Shelter. Shelter staff shall make all attempts to notify owners
within twenty-four (24) hours of the animal impound by COUNTY.
3.6 Quarantine: COUNTY shall quarantine, as prescribed by law, all animals
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suspected of being rabid, or involved in a bite investigation per applicable State,
County and City codes/ordinances.
3.7 Impoundments and Quarantines: COUNTY shall house, feed and care for
all animals impounded and/or quarantined at the Shelter.
3.8 Incoming Animal Examinations/Assessments: A cursory exam will be performed
within twelve (12) hours, except after regular business hours when the examination
will be performed within twenty-four (24) hours. Incoming animal assessment must
include the following:
3.8.1 A physical examination to determine if a medical condition exists which
requires a veterinarian’s attention
3.8.2 Routine vaccinations and de-worming, as needed
3.8.3 External parasite treatment, as necessary
3.8.4 Document the animal’s incoming weight
3.8.5 Scan for microchip identification
3.8.6 Establish unique identifier for the animal
3.8.7 Document any identifying features or abnormalities. The COUNTY shall
properly document on an animal-by-animal basis that an
examination/assessment is performed.
3.9 Behavioral Assessments: Behavioral Assessments of Shelter animals will be
conducted in accordance with guidelines established by the COUNTY Department of
Animal Services.
3.10 Adoption: Animals identified as being available for adoption shall be placed in
adoptable areas of the Shelter.
3.11 Community Adoption Partners: California Food & Agricultural Code, Sections
31108(b) and 31752(b) state any stray dog/cat “that is impounded pursuant to this
division shall, prior to the euthanasia of that animal be released to a nonprofit, as
defined in Section 501(c) (3) of the Internal Revenue Code, animal rescue or
adoption organization if requested by the organization prior to the scheduled
euthanasia of that animal. The public or private shelter may enter into cooperative
agreements with any animal organization or adoption organization. In addition to
any required spay or neuter deposit, the public or private shelter, at its discretion,
may assess a fee, not to exceed the standard adoption fee, for animals adopted or
released.”
3.12 Foster Care Placement: A foster care placement program may be used to assist the
Shelter by improving animal care, giving certain animals a better chance of adoption,
and lifting the spirits and morale of staff and volunteers.
3.13 Vicious Dogs: Any dog declared or determined to be vicious/dangerous, as set forth
in CITY’s ordinances (Title 10), and in the custody of the Shelter either under
impoundment or quarantine shall be deemed unsuitable for adoption and shall not be
released except as required by law or at the direction of the CITY. COUNTY staff
will be available to assist the CITY with any vicious or potentially dangerous dog
prosecutions, as required.
3.14 Euthanasia: Provide humane euthanasia service as required for impounded
animals held at the Shelter for the lawful number of days, if such animal is not
reclaimed by said animal’s owner and is deemed to be not adoptable by
COUNTY. Animals that are irremediably suffering from a serious illness or severe
injury may not be held for owner redemption or adoption. Only euthanasia methods
approved by the American Veterinary Medical Association shall be used.
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Records will be kept for a period of not less than three (3) years on each
euthanized animal including the following information: breed; sex; color; weight;
other distinguishing characteristics; date, time and location where animal was
found; method of euthanasia and reason for use of method.
3.15 Drug Enforcement Agency (DEA): Additionally, the COUNTY must comply
with all Drug Enforcement Agency (DEA) regulations regarding storage, record-
keeping, inventory, use, and disposal of all controlled substances.
3.16 Feeding Protocols: All animals shall be fed in amounts appropriate to meet their
nutritional needs.
3.17 Staffing and Volunteers: COUNTY shall recruit and supervise all necessary
personnel for the office, kennel, veterinary and other areas of the Shelter. Staffing
shall include any and all full or part-time personnel and shall include the
recruitment, supervision and assignment of volunteers in suitable Shelter-related
activities. Personnel employed at the Shelter in the performance of Shelter-related
activities shall be designated as COUNTY employees and any and all volunteers
engaged in Shelter activities shall participate in activities designated by COUNTY
and shall be under the auspices of COUNTY. Use of volunteers at the Shelter shall
be determined by COUNTY on behalf of CITY.
3.18 Holding Periods: COUNTY shall hold all stray impounded animals, not otherwise
owner identifiable, for holding periods as required by law.
3.19 Missing Animals: COUNTY shall notify police immediately of any animal found
to be missing from the Shelter that had previously been impounded and/or in
protective custody.
3.20 Hours of Operation: COUNTY shall maintain hours of operation at the Shelter to
provide maximum public access for the animals, to the extent possible.
3.21 Disease Control and Sanitation: COUNTY shall maintain the Shelter in a clean
and sanitary condition. COUNTY’s policies and procedures in this area may
include beneficial standards and/or guidelines derived from reputable animal care
organizations including, but not limited to, the following: Humane Society of the
United States, American Humane Association and American Veterinary Medical
Association.
3.22 Provision of Personnel and Supplies: COUNTY will provide personnel, supplies,
materials, medication, pharmaceuticals, and equipment, including forms and reports
to perform all aspects of the Shelter Services program.
3.23 CITY Access: COUNTY shall provide access to the authorized representatives of
CITY to the entire Shelter during normal business hours, and at such other
times upon reasonable notice.
3.24 Livestock and Fowl Care: COUNTY shall provide food, care and shelter to
livestock and fowl, either at the Shelter or at another location when such animals
cannot be cared for at the Shelter. Costs of housing any livestock or fowl, regardless
of Shelter location shall be charged to the owner of the animal, if known. If the
animal’s owner wishes to redeem the animal, the owner shall first pay all applicable
fees and charges at the Shelter; except as otherwise required by law, then and only
then, will the COUNTY authorize release of the animal. COUNTY shall notify
CITY in writing where said expenses reach the amount of $5,000 or greater per
incident.
3.25 Animal Disposal: COUNTY shall prohibit any animal whether dead or alive,
which has been impounded, in custody, or in quarantine at the Shelter to be given
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away, disposed of, traded, sold or in any manner given over to another person,
organization or entity for experimentation, regardless of purpose. COUNTY
shall be responsible for the disposal of animal remains in its custody or
control, subject to applicable laws.
3.26 Level of Service Provided: COUNTY will provide Shelter Services as defined in
this contract. COUNTY’s policies and procedures for Shelter Services shall be
based on standards and/or guidelines derived from reputable animal care
organizations including, but not limited to the following: Humane Society of the
United States, American Humane Association and American Veterinary Medical
Association.
3.27 Animals Surrendered by their Owners: Any animal surrendered by the owner to
an Animal Control Officer and transported to the COUNTY shelter shall incur the
prevailing owner surrender charges. Such fees shall be collected from the owner
and conveyed to the COUNTY, or be charged directly to the CITY at the established
stray animal rate for the shelter.
4. Compensation:
4.1 Compensation for Sheltering: Compensation for shelter services shall be based upon
established rate for shelter service at specified primary shelter location and prior three
fiscal year impounds of dogs and cats. An annual rate shall be established based on
these factors and payable monthly in 1/12th increments. Additional costs for large
animal sheltering are incurred at $20 per animal per day for horses and cattle and
$12 per animal per day for swine, goats and sheep in accordance with ordinance and
will be billed based on actual sheltering on a monthly basis.
4.2 Compensation for Operations and Maintenance: Compensation for Operations and
maintenance shall be based upon rate for shelter service at a specified primary shelter
location and prior year impounds of dogs and cats. An annual rate shall be established
based on these factors and payable monthly in 1/12th increments.
4.3 License Processing: Compensation for License processing shall be based upon actual
licenses processed and licensing processing rate. License processing costs shall be
billed monthly and total resulting compensation may vary from estimated contract
cost.
4.4 Outreach Activities: Daily flat rates educational outreach and shot clinics will be
billed based on actual outreach days scheduled. Compensation accounts for full staff
time to provide service for one day. The maximum time possible will be afforded for
actual outreach activity; however actual outreach activity time will be reduced by
travel and preparation time the day of the event.
5. Definitions:
5.1 “Shelter Services,” as used in this contract shall include, but is not limited to, the
following activities:
5.1.1 Impoundment, admittance, receiving, care, custody and feeding of any and all
stray domestic animals. Livestock, exotics and the impoundment of wildlife
as may be delivered and/or received at the Shelter until an appropriate wildlife
agency can be contacted and the wildlife then transferred into their custody.
5.1.2 Redemption, treatment, sale, adoption, and/or disposal of any and all
animals.
5.1.3 Counseling and advising animal owners.
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5.1.4 Each animal shall be identified individually and photographs of all newly
impounded animals shall be posted on the Shelter website.
5.1.5 Ensuring that all dogs, four months and older, released from the Shelter to a
resident of Riverside County are licensed and, if not licensed, to sell license
to the owner or other person taking custody of such dog. The COUNTY shall ensure
the micro-chipping of released dogs at the owner’s expense, as set forth in applicable
CITY ordinances (Title 10).
5.1.6 Humane euthanasia of all animals as lawful and necessary, including the
creation of a log detailing those animals that are euthanized and the reasons for such
euthanasia on an animal-by-animal basis. This log shall further state whether the
animal was unhealthy and unsuitable for adoption. CITY reports are generated and
posted on the rcdas.org website monthly.
5.1.7 Proper disposal of dead animals.
5.1.8 Care and maintenance of the Shelter facility, including land and buildings.
“Care” includes, but is not limited to providing a safe, temporary refuge for any
animal impounded, and providing needed medical services for injured/sick animals
or transfer of animal to the appropriate agency
5.2 “Adoptable Animal,” shall mean those animals eight weeks of age or older that, at or
subsequent to the time the animals are impounded or otherwise taken into
possession, have manifested no sign of disease, injury, or congenital or hereditary
condition that adversely affects the health or temperament of the animal, or that is
likely to adversely affect the animal’s health in the future. Dogs declared as
“vicious” under State and/or local laws are unadoptable.
5.3 “Treatable,” shall mean an animal with a medical condition such as skin problems
bad flea or skin infestations, a broken limb, abscess, or problems that may be treated
with appropriate resources, holding space, treatment and/or time. “Treatable” shall
also mean an animal with behavioral conditions that may be corrected with time and
proper training, such as chasing animals/objects, food aggression, etc.
5.4 “Untreatable Animal,” shall mean any animal that is irremediably suffering
from a serious illness or physical injury or behavioral condition and shall not be held
for owner redemption or adoption.
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CITY OF LA QUINTA
EXHIBIT C
PAYMENT PROVISIONS
CITY shall pay to COUNTY on a monthly basis in arrears, with a monthly billing and
accounting thereof by COUNTY to CITY, those fees as established by County of Riverside
Ordinance 630; relative to the services to be performed under this Agreement as follows:
1. Animal Field Services:
1.1 1 Full-Time (Annual) Animal Control Officer: $127,026/FY or $10,585.50/month
(The cost to provide one Animal Control Officer to service an area for a total of 40 hours
per week or 2,080 hours per fiscal year, including a factor for direct and indirect overhead
and all operational expenses. This cost does not include overtime.)
1.2 Estimated Overtime Services: 139 x $82 per hour = $11,398 /FY
The cost to provide after-hours services (evenings, weekends and holidays), with a 2 hour
minimum charge per service call. To be billed on a monthly basis based on actual usage.
Estimated total based on past experience.
1.3 Animal Control Target Area Sweeps: $2,460 per target sweep
(Billed on actual usage as requested by City.)
2. Animal Shelter Services:
2.1 Animal Sheltering Services: $69,805/FY
Flat rate based on prior three fiscal year impounds 607 x $115 per cat or dog sheltering
rate at Coachella Valley Animal Campus Shelter.
2.2 Operational and Maintenance (O&M) Costs: $6,337/FY
Flat rate based on prior fiscal year impounds 607 x $10.44 O&M rate.
2.3 Large animal sheltering of horses and cattle at $20 per animal per day of
sheltering. (Additional cost to be billed on actual use.)
2.4 Large animal sheltering of swine, goats and sheep at $12 per animal per day of
sheltering. (Additional cost to be billed on actual use.)
3. Licensing Service:
3.1 Estimated administrative handling fees to sell dog licenses $5.85 x 1,174 =
$6,867/FY (To be billed based on actual usage. Estimated total based on past experience.)
4. Outreach Activities: Daily flat rates for education outreach and shot clinics will be billed
based on actual outreach days scheduled. Compensation accounts for full staff time to
provide service for one day. The maximum time possible will be afforded for actual
outreach activity; however actual outreach activity time will be reduced by travel and
preparation time the day of the event.
4.1 Animal Control Target Area Sweeps: $2,460 per target sweep
4.2 Shot Clinic: $2,783 per shot clinic. Vaccinations and microchips will be no cost to
the first 200 residents. (To be billed based on actual usage as requested by City)
4.3 Outreach event: $2,553 per event flat rate per outreach event (To be billed based on
actual usage as requested by City.)
5. Summary of Compensation for Animal Services: The following chart
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summarizes the fees to be charged by the COUNTY for animal services pursuant to this
Agreement.
Rates are subject to change as adopted by the Board of Supervisors. COUNTY shall notify
CITY when any rates change.
The scheduled compensation payable to COUNTY for services as set forth in this
Agreement is one hundred fifty-two thousand six hundred twenty-eight dollars ($152,628) for
the period commencing July 1, 2015 for Shelter Services, and February 15, 2016 for Field
Services, both through June 30, 2016, with the option to renew annually in one (1) year
increments through June 30, 2018.
*Field services may fluctuate based on actual on call usage.
**Shelter services fixed rate will be adjusted for each year of contract by the following formula:
Prior three fiscal year dog/cat impounds multiplied by the COUNTY’s sheltering rate. This
formula establishes a fixed rate that will be payable in 1/12th monthly increments. The CITY
will be provided with prior year impound rates by March 31st of each year.
***Operation & Maintenance fixed rate will be adjusted for each year of contract by the
following formula: Prior three fiscal year dog/cat impounds multiplied by the COUNTY’s O&M
rate. This formula establishes a fixed rate that will be payable in 1/12th monthly increments. The
CITY will be provided with prior year impound rates by March 31st each year.
****License processing costs may fluctuate based on actual number of licenses processed.
// // // // //
Service FY15/16
Regular Field Service
(Fixed $10,585.50/monthly) $127,026 FY
$58,221/Feb. 15,
2016 to June 30,
2016
Stand-by Field Service *
(Estimated, but to be billed based on actuals)
$11,398
Shelter Service **
(Fixed)
$69,805
Operation & Maintenance***
(Fixed)
$6,337
Licensing Service Fees****
(Estimated, but to be billed based on actuals)
$6,867
Total $152,628
384
1
ORDINANCE NO. 630 1
(AS AMENDED THROUGH 630.16) 2
AN ORDINANCE OF THE COUNTY OF RIVERSIDE AMENDING 3
ORDINANCE NO. 630 REGULATING THE KEEPING AND CONTROL OF DOGS, 4
CATS, AND OTHER ANIMALS AND PROVIDING FOR THE CONTROL AND 5
SUPPRESSION OF RABIES. 6
The Board of Supervisors of the County of Riverside Ordains as follows: 7
8
Findings: 9
Because of the increased urbanization of Riverside County the County has experienced increasing 10
numbers of dogs and other animals being kept in close proximity to humans including children. 11
12
1.The keeping of dogs and other animals in close proximity to adults and children has resulted in13
increased incidents of attacks, biting and menacing behavior by such dogs and other animals.14
15
2.These incidents now present a public health and safety problem to the residents of this16
County. The increased numbers of cases have resulted in painful and/or serious injuries to17
adults and children, death and injuries to other animals, attendant economic losses to County18
residents, and anxiety to those bitten by unlicensed animals whose vaccination status is19
therefore not established.20
21
3.In an attempt to bring this problem under control, it is necessary to (1) increase the total22
number of animals which are licensed and thus properly established to have been vaccinated23
against rabies and (2) encourage the spaying and neutering of animals, which (a) reduces the24
number of strays at large and not safely confined, (b) reduce the aggressiveness and number25
of animals at large, and (c) reduces the financial cost to taxpayers of animal control services.26
27
Section 1 DEFINITIONS: 28
Whenever, in this ordinance or in any resolution or standard adopted by the Board of Supervisors 29
pursuant to this ordinance, the following terms are used, they shall have the meaning ascribed to 30
ATTACHMENT 2
385
them in this section unless it is apparent for the context thereof that some other meaning is 31
intended. 32
33
a. Altered. A male animal that has been neutered or a female animal that has been spayed. 34
Also referred to as a sterile animal. 35
36
b. Animal Rescuer. Any individual possessing a rescue permit from the Department of Animal 37
Services, who routinely obtains a dog or cat from the rightful owner of said animal, or any 38
animal from an animal shelter that has been retained in accordance with this ordinance. 39
40
c. Animal Rescue Operation. Any building, structure, enclosure or premises run by an 41
Animal Rescuer, whether or not a valid nonprofit corporation formed pursuant to the provisions 42
of the California Corporations Code for the prevention of cruelty to animals, which meets all 43
requirements and standards referred to in Section 6 of this ordinance. 44
45
d. Animal Services Director. The Director of the Department of Animal Services of the 46
County of Riverside or his duly authorized representative. 47
48
e. At Large. Any dog which is off the premises of its owner, custodian or caretaker and which is 49
not under physical restraint by a leash of a size and material appropriate to the size and 50
temperament of the dog and which is held by a person capable of restraining such a dog, or is 51
not otherwise physically restrained by some other device or instrumentality, except that such 52
device or instrumentality shall not include voice control, eye control or signal control of the dog 53
by any person, device or instrumentality. 54
55
Any dog which is on the premises of its owner, custodian or caretaker which is not being 56
maintained by physical restraint, fence, kennel, voice command, or in such a way that the 57
animal may not leave the property of the owner; or that persons without permission, may not 58
wander into the confined area of the dog without intentional trespass. 59
60
A dog engaged in hunting actives, including training, is not required to be on a leash when it is 61
being controlled by the hunter/guardian within the areas designated for the use of firearms by 62
386
3
Ordinance 514. The hunting dog must be rabies vaccinated and licensed in the jurisdiction of 63
origin. The hunter/guardian must be in compliance with all local ordinances, and state laws 64
and regulations relating to hunting and the keeping of animals when the hunting dog(s) is in 65
engaging in training or hunting activities. The actively hunting dog is not considered a dog 66
running at large. Hunting dogs must be on a leash when not participating in hunting or training 67
actives. 68
69
f. Cattery. Any building, structure, enclosure or premises whereupon, or within which, ten (10) 70
or more cats, four (4) months of age or older, are kept or maintained. 71
72
g. Class I Kennel. Any building, structure, enclosure, or premises whereupon, or within which, 73
five (5) to ten (10) dogs, four (4) months of age or older, are kept or maintained. A Class I 74
Kennel shall not include a Sentry Dog Kennel or an Animal Rescue Operation that meets the 75
definition and requirements set forth in this ordinance. 76
77
h. Class II Kennel. Any building, structure, enclosure, or premises whereupon, or within which, 78
eleven (11) to twenty-five (25) dogs, four (4) months of age or older, are kept or maintained. 79
80
i. Class III Kennel. Any building, structure, enclosure, or premises whereupon, or within 81
which, twenty-six (26) to forty (40) dogs, four (4) months of age or older, are kept or maintained. 82
83
j. Class IV Kennel. Any building, structure, enclosure, or premises whereupon, or within 84
which, forty-one (41) or more dogs, four (4) months of age or older, are kept or maintained. 85
86
k. Community. Any public entity which is authorized by law to regulate and control dogs or cats 87
or both. 88
89
l. County Animal Control Ordinances. This term shall include Riverside County Ordinance 90
nos. 534, 560, 630, 716, 771, 817, 818, 878 and 921. 91
92
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m. Custodian. Any person who intentionally provides care or sustenance for any animal, 93
including but not limited to a dog or cat, on behalf of another, or represents the interests of the 94
owner. 95
96
n. Department. The Riverside County Department of Animal Services. 97
98
o. Director. The Director of the County of Riverside or his/her duly authorized representative. 99
100
p. Exigent Circumstances. Circumstances in which the officer, in his/her reasonable 101
judgment, determines that a life threatening or serious injury may occur if immediate action is 102
not taken, i.e., animal may die if not immediately transported to a veterinarian, or animal may 103
bite and seriously injure a human or animal if not immediately impounded, or animal may die if 104
officer does not immediately enter property and rescue, etc. 105
106
q. Exotic Animal. Exotic animal is defined as any animal which is not normally domesticated in 107
the United States including, but not limited to any lion, tiger, bear, non-human primate (monkey, 108
chimpanzee, etc.), wolf, coyote, cougar, bobcat, ocelot, wildcat, skunk, boa, python, reptile, 109
amphibian, bird, or venomous snake, irrespective of its actual or asserted state of docility, 110
tameness or domesticity. 111
112
r. Guide Dog. Any dog trained or being reared, trained or used for the purpose of guiding a 113
blind person. 114
115
s. Hybrid Animal. Any animal which is part wild animal and is capable of transmitting rabies, 116
except livestock hybrids, and for which no rabies prophylaxis is recognized or authorized by the 117
State of California. 118
119
t. Impounded. Having been received into custody of any animal control center, animal control 120
officer, animal control vehicle, or peace officer duly authorized by the County of Riverside to 121
receive such animal. 122
123
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u. Incapable of Breeding. Any dog or cat which has been examined by a California licensed 124
Veterinarian and determined to not be capable of reproducing. A certificate of Sterility, signed 125
by the veterinarian must be provided upon demand. 126
127
v. Owner. Any person who intentionally provides care or sustenance for any animal, including 128
but not limited to a dog or cat, for any period exceeding a total of thirty days. 129
130
w. Person. Any individual, firm, business, partnership, joint venture, corporation, limited liability 131
company, profit or non-profit association, club or organization. 132
133
x. Public Entity. Any state, or any political subdivision, municipal corporation; profit or non-134
profit or agency thereof. 135
136
y. Sentry Dog. Any dog trained to work without supervision in a fenced facility and to deter or 137
detain unauthorized persons found within the facility. The term “guard dog” shall a lso mean 138
“sentry dog”. 139
140
z. Sentry Dog Kennel. Any building structure, enclosure, or premises whereupon, or within 141
which, five (5) or more guard or sentry dogs are kept or maintained. 142
143
aa. Service Dog. Any dog being reared, trained or used for the purpose of fulfilling the 144
particular requirements of a physically disabled person, including but not limited to minimal 145
protection work, rescue work, pulling a wheelchair or fetching dropped items. 146
147
bb. Signal Dog. Any dog trained or being reared, trained or used for the purpose of alerting a 148
deaf person or a person whose hearing is impaired, to intruders or sounds. 149
150
cc. Unaltered and Unspayed. A dog or cat, four (4) months of age or older, that has not 151
been spayed or neutered. A condition, that exists, in an animal which permits the producing of 152
offspring. 153
389
154
dd. Unlicensed Dog. Any dog, for which, no valid license is currently in force. 155
156
ee. Vaccination. An inoculation against rabies of any dog or cat, four (4) months of age or 157
older, with any vaccine prescribed for the purpose by the California Department of Health 158
Services. 159
160
ff. Veterinarian. A person holding a current valid license to practice veterinary medicine 161
issued by the State of California pursuant to Chapter 11 of the California Business and 162
Professions Code. 163
164
gg. Vicious Dog/Vicious Cat. Any dog or cat which has bitten a person or animal without 165
provocation or direction or which has a disposition or propensity to attack or bite any person or 166
animal without provocation or direction. 167
168
Section 2- MANDATORY DOG LICENSING AND VACCINATION: 169
170
a. Except as provided in Section 5, Subsection (a) of this Ordinance, it is unlawful for any person 171
to own harbor or keep any dog, four (4) months of age or older, within the unincorporated area 172
of the County, for a period longer than thirty (30) days, unless a currently valid license tag has 173
been issued by the Director or any agency authorized by the County of Riverside for such 174
purpose and said tag is displayed upon the dog’s collar pursuant to section 30951 (b) of the 175
California Food and Agriculture Code. 176
177
b. It is unlawful for any person to own, harbor or keep any dog, four (4) months or age or older, 178
within the unincorporated area of the County of Riverside, for a period longer than thirty (30) 179
days, which has not been vaccinated against rabies. Every person in the unincorporated area 180
of the county who owns, harbors or keeps any dog over four (4) months of age for a period 181
longer than thirty (30) days shall have such dog vaccinated against rabies as provided herein, 182
by a veterinarian of his/her choice and such vaccination shall be renewed in accordance with 183
the applicable laws and regulations of the State of California. 184
185
390
7
c. Each veterinarian after vaccinating any dog shall sign a certificate of vaccination in triplicate in 186
the form required by the Director. The veterinarian shall keep one (1) copy, Shall give one (1) 187
copy to the owner of the vaccinated dog and shall send one (1) copy to Department. 188
189
d. The Director shall issue a license only upon presentation of a certificate of vaccination 190
indicating therein that the date of the expiration of the vaccination immunity is not earlier than 191
the date of the expiration of the license being issued or renewed, and upon payment of the 192
applicable license fee specified in Section 2, Subsection (F) of this Ordinance; provided, 193
however, that where the vaccinated dog is between the ages of four (4) months and twelve (12) 194
months, the period of vaccination immunity required for licensing shall be specified in Title 17, 195
California Administrative Code, Section 2606.4. 196
197
e. Notwithstanding the provisions of Section 2, Subsections (B) and (D) of this Ordinance, in the 198
event a dog has a short-term illness, is pregnant, or suffers from a long-term debilitating illness 199
which in the opinion of a veterinarian contraindicates vaccination for rabies, such dog shall not 200
be required to undergo vaccination during the period of such illness or pregnancy where a 201
request for vaccination deferral has been approved by the Director. Such request shall specify 202
the duration of the requested deferral, the reason for the requested deferral, and shall be 203
signed by a veterinarian. Th e Director shall issue a license for such dog upon approval of the 204
request for vaccination deferral and payment for the applicable license fee specified in Section 205
2, subsection (F) of this Ordinance. The owner or person having custody of such dog shall 206
confine and shall keep such dog confined, for the duration of the deferral. Within fourteen (14) 207
days after the expiration of the deferral, the owner or person having custody of such dog shall 208
present to the Director a certificate of vaccination in accordance with the provisions of Section 209
2, Subsection (D) of this Ordinance. 210
211
f. Subject to the provisions of Section 2 of this Ordinance, licenses shall be issued upon payment 212
of the following fees: 213
214
1. License valid for one (1) year from the date of issuance, for each sterile dog, accompanied 215
by a certificate signed by a veterinarian that said dog is permanently unable to reproduce. 216
$17.00 217
218
391
2. License valid for one (1) year from the date of issuance, for each dog to which provisions of 219
Section 2, Subsections (F) (1) and (7) of this Ordinance are not applicable. $100.00. 220
221
Except for animals owned by recognized dog or cat breeders as defined by Department of 222
Animal Services Policy, the fee shall be $65.00 223
224
3. License valid for two (2) years from the date of issuance, for each sterile dog, accompanied 225
by a certificate signed by a veterinarian that said dog is permanently unable to reproduce. 226
$34.00. 227
228
4. License valid for two (2) years from the date of issuance, for each dog to which provisions 229
of Section 2 Subsections (F) (3) and (8) of this Ordinance are not applicable. $200.00. 230
Except for animals owned by recognized dog or cat breeders as defined by Department of 231
Animal Services Policy, the fee shall be $130.00. 232
233
5. License valid for three (3) years from the date of issuance, for each sterile dog, 234
accompanied by a certificate signed by a veterinarian that said dog is permanently unable 235
to reproduce. $49.00 236
237
6. License valid for three (3) years from the date of issuance, for each dog to which provisions 238
of Section 2, Subsections (F) (5) and (9) of this Ordinance are not applicable. $300.00. 239
Except for animals owned by recognized dog or cat breeders as defined by department of 240
animal services policy, the fee shall be $195.00. 241
242
7. License valid for one (1) year from date of issuance, for each sterile dog, which is owned 243
by a person sixty (60) years of age or older, and is accompanied by a certificate signed by 244
a veterinarian that said dog is permanently unable to reproduce. $12.00 245
246
8. License valid for two (2) years from date of issuance, for each sterile dog, which is owned 247
by a person sixty (60) years of age or older, and is accompanied by a certificate signed by 248
a veterinarian that said dog is permanently unable to reproduce. $24.00 249
250
9. License valid for three (3) years from date of issuance, for each sterile dog, which is owned 251
by a person sixty (60) years of age or older, and is accompanied by a certificate signed by 252
a veterinarian that said dog is permanently unable to reproduce. $36.00 253
392
9
254
10. Dangerous/Vicious Animal Registration as required by Ordinance 771. $250.00 255
256
11. A processing fee of $1.50 shall be added to each license processed on line. 257
258
12. A processing fee of 3% will be added to all credit/debit card purchases that are not made 259
on line. 260
261
g. No fee shall be required for license for any “assistance dog” such as a guide dog, signal dog or 262
service dog as defined in California Food and Agriculture Code, Section 30850 (a), if such dog 263
is in the possession and under the control of, in the case of a guide dog, a blind person, or in 264
the case of a signal dog, a deaf or hearing impaired person, or in the case of a service dog, a 265
physically disabled person, or where such dog is in the possession and under the control of a 266
bona fide organization having as its primary purpose the furnishing and training of guide dogs 267
for the blind, signal dogs for the deaf or hearing-impaired, or service dogs for the physically 268
disabled. However, this provision does not remove the owner’s respon sibility to vaccinate said 269
dogs against rabies and attach a current license tag to the dog’s collar. Whenever a person 270
applies for an assistance dog identification tag, the person shall sign an affidavit as defined in 271
California Food and Agriculture Code, Section 30850 (b). 272
273
h. No fee shall be required for a license for any dog owned by a public entity. 274
275
i. Each license specified in Section 2 of this Ordinance shall be valid for the period specified in 276
Section 2 and shall be renewed within thirty (30) days after such period terminates, except that 277
where the current vaccination for the dog which is the subject of the license shall expire prior to 278
the expiration date of the license being applied for, the Director may upon request of the owner 279
or custodian of such dog, backdate such license so that its expiration date occurs concurrent 280
with or prior to the expiration date of the vaccination; provided, however, that where such 281
backdating is performed, there shall be no reduction or discount of the license fee applicable to 282
the license applied for, and such license shall be renewed within thirty (30) days after the date of 283
its expiration. 284
285
393
j. If an application for a license is made more than thirty (30) days after the date a dog license is 286
required under this Ordinance, the applicant shall pay, in addition to the applicable license fee, 287
a late fee of twenty-five dollars ($25.00). A late fee for an altered dog owned by a senior citizen 288
is established at fifteen dollars ($15.00). 289
290
k. Whenever a dog validly licensed under this Ordinance shall have died more than three (3) 291
months before the expiration date of the license, the owner of such dog may return the license 292
tag to the Director, accompanied by a statement signed be a veterinarian or a declaration 293
signed under penalty of perjury by the owner, indicating that such dog is dead and specifying 294
the date of death. In such event, the license shall be canceled and a pro-rata credit of the 295
license fee by full calendar quarters of the original license period remaining after the death of 296
the dog may be applied during said remaining period to the license fee for another dog 297
acquired by the same owner. 298
299
l. Upon transfer of ownership of any dog validly licensed under this Chapter, the new owner shall 300
notify the director of such transfer within thirty (30) days of such transfer, on a form prescribed 301
by the director, accompanied by a transfer fee of six dollars ($6.00). 302
303
m. Notwithstanding the provisions of Section 2, Subsection (a) of this Ordinance, where a person 304
moves into the unincorporated area of the county from another community who owns a dog 305
which is currently vaccinated against rabies and for which dog a license was issued by such 306
other community, such license shall be deemed valid for a period of one (1) year from the date 307
such person moves into the unincorporated area of the county or on the date of expiration of 308
the license issued by such other community, whichever is earlier. If an application for a license 309
from the Director is made more than thirty (30) days after such license is required, the applicant 310
shall pay, in addition to the applicable license fee, a late fee of twenty-five dollars ($25.00). 311
312
n. If a valid license tag is lost or destroyed, a duplicate thereof may be procured from the director 313
upon submission to the director of a statement signed by the owner of the dog containing the 314
date and circumstances of such loss or destruction and the payment of a fee of six dollars 315
($6.00). 316
317
394
11
o. Upon request of the director, any owner of a dog for which a license is required under the 318
provisions of this chapter shall present to the Director a currently valid certificate of rabies 319
vaccination or license tag. 320
321
p. It shall be unlawful for any person to make use of a stolen, counterfeit or unauthorized license, 322
tag, certificate or any other document or thing for the purpose of evading the provisions of this 323
Ordinance. 324
325
Section 3 CONTROL OF UNSPAYED AND UNALTERED CATS: 326
327
It shall be unlawful for any person who owns, harbors, or keeps any unspayed or unaltered cat four 328
(4) months of age or older within the unincorporated area of Riverside County to allow or permit 329
such unspayed or unaltered cat to be or remain outdoors in such unincorporated areas. 330
331
Section 4 OPTIONAL LICENSING FOR CATS: 332
333
An owner of a cat may be issued a license and tag for such cat upon presentation to the Director of 334
a certificate of vaccination signed by a veterinarian certifying that such a cat has been vaccinated, 335
and upon the payment of a license fee of three dollars ($3.00) Said license shall be valid for the 336
period of immunity indicated in the certificate of vaccination. 337
338
Section 5 MANDATORY LICENSING OF KENNELS AND CATTERIES: 339
340
a. Any person maintaining five (5) or more dogs shall obtain the appropriate Kennel License. 341
No person shall operate or maintain a Class I Kennel, Class II Kennel, Class III Kennel, 342
Class IV Kennel, Sentry Dog Kennel or Cattery without first obtaining an appropriate 343
license from the Department. Such a license shall be valid for a period of either one (1) 344
or two (2) years from the date of issuance. Said license shall be renewed within thirty (30) 345
days after the date of expiration. Where a kennel license has been issued and is in effect, 346
the dogs contained in such kennel shall be exempt from the requirements of individual 347
license tags as provided in Section 2 of this Ordinance. This Class I Kennel, Class II 348
395
Kennel, Class III Kennel, Class IV Kennel, Sentry Dog Kennel, Cattery License fees, and 349
late fees, shall be as set forth below. If an application for a license or renewal of a license 350
is made more than thirty (30) days after such license is required or such previous license 351
has expired a late fee of fifty percent (50%) of the applicable fee shall be added. 352
353
KENNEL LICENSE 354
355
Class 1 (5-10 dogs) 356
1 year license, Unaltered………………………………………………………….$250.00 357
2 year license, Unaltered………………………………………………………….$450.00 358
1 year license, Altered……………………………………………………………..$150.00 359
2 year license, Altered……………………………………………………………..$250.00 360
COMMENTS: 361
1. Altered: All dogs are spayed and/or neutered. 362
2. Unaltered: One or more dogs are not spayed and/or neutered. 363
Late Fee: 50% of the applicable fee(s) 364
365
Class II (11-25 dogs) 366
1 year license, Unaltered………………………………………………………….$350.00 367
2 year license, Unaltered………………………………………………………….$600.00 368
1 year license, Altered……………………………………………………………..$250.00 369
2 year license, Altered……………………………………………………………..$400.00 370
COMMENTS: 371
1. Altered: All dogs are spayed and/or neutered. 372
2. Unaltered: One or more dogs are not spayed and/or neutered. 373
Late Fee: 50% of the applicable fee(s) 374
375
Class III (26-40 dogs) 376
1 year license, Unaltered………………………………………………………….$450.00 377
2 year license, Unaltered…………………………………………………….…....$750.00 378
1 year license, Altered……………………………………………………………..$350.00 379
396
13
2 year license, Altered……………………………………………………………..$550.00 380
COMMENTS: 381
1. Altered: All dogs are spayed and/or neutered. 382
2. Unaltered: One or more dogs are not spayed and/or neutered. 383
Late Fee: 50% of the applicable fee(s) 384
385
Class IV (41+ dogs) 386
1 year license, Unaltered………………………………………………………….$550.00 387
2 year license, Unaltered………………………………………………………….$900.00 388
1 year license, Altered……………………………………………………………..$450.00 389
2 year license, Altered……………………………………………………………..$700.00 390
COMMENTS: 391
1. Altered: All dogs are spayed and/or neutered. 392
2. Unaltered: One or more dogs are not spayed and/or neutered. 393
Late Fee: 50% of the applicable fee(s) 394
395
Sentry Dog Kennel 396
1 year license, Unaltered………………………………………………………….$500.00 397
2 year license, Unaltered………………………………………………………….$800.00 398
1 year license, Altered……………………………………………………………..$400.00 399
2 year license, Altered……………………………………………………………..$600.00 400
COMMENTS: 401
1. Altered: All dogs are spayed and/or neutered. 402
2. Unaltered: One or more dogs are not spayed and/or neutered. 403
Late Fee: 50% of the applicable fee(s) 404
405
Cattery License 406
1 year license, Unaltered………………………………………………………….$250.00 407
2 year license, Unaltered………………………………………………………….$400.00 408
1 year license, Altered……………………………………………………………..$200.00 409
2 year license, Altered……………………………………………………………..$300.00 410
397
COMMENTS: 411
3. Altered: All dogs are spayed and/or neutered. 412
4. Unaltered: One or more dogs are not spayed and/or neutered. 413
Late Fee: 50% of the applicable fee(s) 414
415
b. Application for a kennel or cattery license shall be filed with the Director on a form 416
prescribed by him/her not later than ten (10) days after obtaining written verification from 417
the Riverside County Planning Department that the operation of the kennel or cattery is in 418
compliance with applicable provisions of Riverside County Ordinance No. 348. Said 419
application form, when completed, shall contain such information as may reasonably be 420
required by the Director for the purposes of enforcement of this Ordinance, including but 421
not limited to the current home telephone number of the caretaker of the subject kennel or 422
cattery and another current telephone number for emergency use or messages when such 423
caretaker is absent for the subject kennel or cattery. Where a kennel or cattery is sought 424
to be operated upon leased or rented premises, a letter of consent from the owner of the 425
premises to the effect that the kennel or cattery may be maintained and operated on such 426
premises shall be submitted to the Director at the time the application for the kennel or 427
cattery license is submitted. 428
429
c. After receipt of a kennel or cattery license application, the Director, or his designee, shall 430
make an inspection of the premises of the kennel or cattery for which a license is 431
requested. No kennel or cattery license shall be issued nor shall any such license be 432
renewed, unless and until the kennel or cattery, in the opinion of the Director, satisfies the 433
applicable laws and regulations of the State of California, the applicable ordinances of the 434
County of Riverside and the applicable conditions set forth in the Standards for Kennels 435
and Catteries adopted by resolution of the Board of Supervisors. Notwithstanding any 436
other provision of this Ordinance, the Director or the Riverside County Planning Director 437
may, in their respective discretion, limit the number of dogs or cats over the age of four (4) 438
months which are kept or maintained in any kennel or cattery, and such limitation may be 439
imposed at such time as an application for an initial kennel or cattery license is considered 440
or at such time as an application for renewal of a kennel or cattery license is considered. 441
d. Notwithstanding any other provision of this Ordinance, the Director, or his designee, is 442
hereby authorized to enter upon and inspect the premises of any kennel or cattery located 443
398
15
in the County of Riverside for the purpose of determining whether such kennel or cattery is 444
in compliance with the provisions of this Ordinance and the Standards for Kennels and 445
Catteries referred to in Section 5, Subsection (c) of this Ordinance. As a condition of the 446
issuance of a kennel or cattery license, each owner and operator of a kennel or cattery 447
shall agree to allow such entry and inspection and such agreement shall be made a part of 448
the license application. Such inspections shall be made during reasonable hours at times 449
when the owner or operator of the kennel or cattery is present on the kennel or cattery 450
premises, and with such frequency as the Director shall deem appropriate, and such 451
inspections may, at the discretion of the Director, be made without prior notice to the 452
owner or operator of the subject kennel or cattery. Willful refusal on the part of a kennel or 453
cattery owner or operator to allow such inspection shall be grounds for summary denial of 454
an application for a kennel or cattery license or for summary suspension or revocation of a 455
kennel or cattery license. 456
457
Section 6 ANIMAL RESCUER: 458
a. Any person engaged in the rescue of animals, shall first obtain a rescue permit from the 459
Department and shall meet all requirements and standards for a kennel/cattery license. 460
461
1. For an animal rescuer that is not a valid nonprofit corporation formed pursuant to the 462
provisions of the California Corporations Code commencing with Section 10400 for the 463
prevention of cruelty to animals, the animal rescuer may keep two (2) dogs with a rescue 464
permit and no minimum land requirement so long as all other requirements and 465
standards for a kennel license, referred to in Section 5, Subsection (c) of this Ordinance, 466
are met. 467
468
2. For an animal rescuer that is a valid nonprofit formed pursuant to the provisions of the 469
California Corporations Code commencing with Section 10400 for the prevention of 470
cruelty to animals, the animal rescuer may maintain up to ten (10) dogs with a rescue 471
permit and no minimum land requirement so long as all other requirements and 472
standards for a kennel license are met. Such animal rescuer shall not need to obtain a 473
Class I Kennel permit. 474
475
399
3. For an animal rescuer maintaining eleven (11) or more dogs a class II Kennel License is 476
required, and the minimum land requirement shall be one acre. 477
478
4. For an animal rescuer maintaining ten (10) or more cats a Cattery License is required, 479
and the minimum land requirement shall be one acre. 480
481
b. The fees for a kennel cattery rescue permit for a rescue facility shall be as follows: 482
1. $60.00 for up to six (6) rescue dogs (with a late fee of 50% of one year) for one year or 483
$100.00 for two years. 484
2. $120.00 for seven to ten dogs (with a late fee of 50% of one year) for one year or 485
$200.00 for two years. 486
3. One hundred percent (100%) of the applicable kennel or cattery license fee in those 487
cases where a kennel or cattery license is required. 488
489
c. Animal rescuer may keep a maximum of four (4) personal (not for adoption or sale) dogs 490
and nine (9) personal (not for adoption or sale) cats and must include these animals as 491
“personal pets” on the animal rescue permit application. These animals are included in the 492
overall count that will change the category to class II Kennel permit for 11 dogs or more 493
and a cattery license for 10 or more cats. 494
495
d. Personal dogs (not for sale or adoption) shall be individually licensed in accordance with 496
this ordinance. 497
498
e. A permitted animal rescuer obtaining animals from a shelter facility pursuant to Section 11, 499
subsection (g) of this ordinance, shall not be subject to the payment of impound fees and 500
charges specified in Section 11, subsection (a) but may be subject to the spay/neuter 501
deposit specified in Section 12, subsection (a) of this ordinance. 502
503
f. All rescued dogs and rescued cats older than four (4) months must be spayed/neutered 504
prior to releasing to an adopting party. In any event, the animal must be altered within 30 505
days of receipt by the rescuer. 506
507
400
17
g. Accurate and complete records of all animals shall be maintained by the animal rescuer on 508
forms which will be made available to Department for inspection upon request. 509
510
h. An animal rescuer may recoup, from the adopting party, the cost of any inoculations, the 511
cost incurred by having the animal altered prior to adoption, and any costs related to the 512
treatment of illness or injury. 513
514
i. Administration of the Animal Rescue Program shall be the responsibility of the Animal 515
Services Director who shall have authority to issue and revoke animal rescue permits. 516
517
Section 7 DENIAL, SUSPENSION, REVOCATION AND APPEAL OF KENNEL OR 518
CATTERY LICENSE: 519
520
a. The Director may, in his/her discretion, deny any application for a kennel or cattery license 521
whether such application is for an original license or renewal of a license, and may suspend 522
or revoke any kennel or cattery license if he finds that a kennel or cattery fails to meet any 523
or all of the Standards for Kennels and Catteries referred to in Section 5, Subsection (c) of 524
this ordinance or is in violation of any law of the State of California or any provision of this 525
Ordinance, any provision of any other County ordinance or provision of a Conditional Use 526
Permit. 527
528
b. When such denial, suspension or revocation occurs, the Director shall prepare a written 529
notice of such denial, suspension or revocation which shall contain a brief statement of the 530
reason of reasons for such denial, suspension or revocation. The Director shall serve such 531
notice upon the applicant or licensee by hand delivery or by registered or certified mail, 532
postage prepaid, return receipt requested. Denial, suspension or revocation shall be 533
effective thirty (30) days after service of such notice. Where an application for a kennel or 534
cattery license is denied or where a kennel or cattery license issued pursuant to this 535
Ordinance is revoked, no application for a new license for such kennel or cattery shall be 536
considered for a period of one (1) year from the effective date of such denial or revocation; 537
provided, however that for good cause shown the Board of Supervisors may direct there be 538
a lesser period of time before such application will be considered. 539
401
540
c. Any person whose application has been denied or whose license has not been renewed, or 541
whose license has been suspended or revoked, may appeal such denial, non-renewal, 542
suspension or revocation by filing with the Clerk of the Board of Supervisors within fifteen 543
(15) days after notice of such denial, suspension or revocation, a written notice of appeal 544
briefly setting forth the reasons why the appellant alleges such denial, non-renewal, 545
suspension or revocation is improper. Within five (5) days of the receipt by the said Clerk of 546
such notice of appeal, the Clerk shall set a hearing date for the appeal and shall give written 547
notice of the date, time and place of such hearing to the appellant, and such notice shall be 548
sent by registered or certified mail, postage prepaid, return receipt requested. The date of 549
hearing shall be not less than twenty (20) business days from the date of the mailing of the 550
notice of the date, time and place of the hearing, and the hearing shall be conducted not 551
later than forty-five (45) business days from the date of the mailing of the notice of denial, 552
non-renewal, suspension or revocation; provided, however, that at the request of the 553
appellant, the Clerk of the Board may extend the hearing date for a reasonable period 554
beyond the aforementioned forty-five (45) business day limit. The appeal shall be heard by 555
the Board which may affirm, modify or reverse the denial, non-renewal, suspension or 556
revocation. In conducting the hearing, the Board of Supervisors shall not be limited to 557
technical rules relating to evidence & witnesses, as applicable in courts of law. To be 558
admissible, evidence shall be of the type upon which responsible persons are accustomed 559
to rely in the conduct of serious affairs. 560
561
During the pendency of the appeal, there shall be in effect an automatic stay of the denial, 562
non-renewal, suspension or revocation; provided, however, that during said period of 563
pendency the Director may take such action as he/she deems appropriate including but not 564
limited to the abatement of public nuisances, inspection of the kennel or cattery premises, or 565
the prosecution of any violation of the Ordinance or any other provision of law not related to 566
the failure of the subject kennel or cater to be currently and otherwise validly licensed. 567
568
Section 8 DUTIES AND POWERS OF OFFICERS: 569
570
1. It shall be the duty of all peace officers within the County of Riverside, to cooperate with 571
and assist the Animal Services Director in the enforcement of the provisions of this 572
402
19
Ordinance, and in the enforcement of California State law relating to the regulation, care 573
and/or keeping of animals, and such peace officers and the Animal Services 574
Director/designee shall be empowered to: 575
576
a. Receive, take up and impound any dog or other animal found running at large in 577
violation of this Ordinance, any other ordinance or of any law of the State of California. 578
579
b. Issue a warning notice for, citation for, or investigate any violation of any provision of any 580
County ordinance or California law regarding the care or keeping of animals. 581
582
c. Investigate whether a dog is licensed in compliance with the requirements of this 583
Ordinance. 584
585
d. Seize and impound any animal as authorized by this Ordinance or any other ordinance 586
or state law. When the animal to be taken or seized is located inside a private residence 587
or in its curtilage, a judicial order directing seizure of the animal shall, absent exigent 588
circumstances, be obtained prior to seizure. 589
590
e. Regularly and adequately feed, water and otherwise care for any animals impounded 591
under the provisions of this Ordinance, other ordinance or state law or to provide for 592
such feeding and/or watering and care. 593
594
f. Follow the provisions of the Riverside County Ordinance number 716 in humanely 595
destroying or giving emergency care to sick or injured animals. 596
597
2. Any Peace Officer, Riverside Animal Services Department Officer, and Animal Services 598
Director, charged with the responsibility for enforcement of the provisions of this Ordinance, 599
or any other ordinance, or state law governing animals may arrest a person without warrant 600
whenever he/she has reasonable cause to believe that the person to be arrested has 601
committed an infraction or misdemeanor in his/her presence, or a felony which is in violation 602
of this Ordinance or other ordinance governing animals or California law regulating the care 603
and/or keeping of animals. 604
605
403
3. In any case in which a person arrested, does not demand to be taken before a magistrate: 606
1) regarding any infraction, such officer or employee making the arrest shall prepare a 607
written Notice to Appear and shall release the person on his/her promise to appear, as 608
prescribed by Section 853.5 of the California Penal Code; 2) Regarding a misdemeanor, 609
such officer or employee may prepare a written Notice to Appear and may release the 610
person on his/her written promise to appear, as prescribed by California Penal Code Section 611
853.6. 612
613
Section 9 ENTRY UPON PRIVATE PROPERTY: 614
615
Unless otherwise prohibited by law, all persons whose duty it is to enforce the provisions of this 616
Ordinance are hereby empowered to enter upon private property, where any dog, cat or animal is 617
kept or reasonably believed to be kept, for the purpose of ascertaining whether such animal is 618
being kept in violation of any provision of this Ordinance, other ordinance governing animals, or 619
California State law relating to the regulation, care and/or keeping of animals. 620
621
Notwithstanding any provision in this Ordinance relating to entry upon private property for any 622
purpose under this Ordinance, no such entry may be conducted: (a) without the express or implied 623
consent of the property owner or the person having lawful possession thereof, or (b) unless an 624
inspection warrant has been issued and the entry is conducted in accordance with California Code 625
of Civil Procedure, Sections 1822.50 through 1822.56, inclusive, or (c) except as may otherwise be 626
expressly or impliedly permitted by law. 627
628
Section 10 CAPTURE OF DOGS RUNNING AT LARGE: 629
630
In the interest of public health and safety, it shall be lawful for any person to take up, in a humane 631
manner, any dog running at large in violation of this Ordinance and to promptly deliver such dog to 632
the Animal Services Director. 633
Notwithstanding any provision in this Ordinance, dogs that are actively engaged in hunting and 634
training activities under the control of its hunter/guardian in the areas designated for the use of a 635
firearm by Ordinance 514 are not required to be on a leash and are not to be considered dogs 636
running at large. The hunting dog must be rabies vaccinated and licensed in the jurisdiction of 637
404
21
origin. The hunter/guardian must be in compliance with all local ordinances, and state laws and 638
regulations relating to hunting and the keeping of animals when the hunting dog(s) is in engaging 639
in training or hunting activities. Hunting dogs must be on a leash when not participating in hunting 640
or training actives. 641
642
Section 11 IMPOUNDED DOGS AND CATS AND SERVICE FEES: 643
644
a. An impounded dog or cat may be redeemed upon payment of the following fees: 645
646
(1) The Director shall charge and collect from each person redeeming an unaltered 647
impounded animal a State Mandated unaltered animal fine of $35.00 for the first offense, 648
$50.00 for the second offense, and $100.00 for the third offense, plus the actual costs of 649
transporting the animal to impound, the actual costs of veterinary and related services 650
rendered to the animal while impounded, the actual costs of sale incurred, and the actua l 651
costs of any extraordinary measures required in of for the handling and maintenance of 652
the animal while impounded. 653
654
(2) The Director shall charge and collect from each person redeeming an altered or 655
unaltered impounded animal an impounding fee of $50.00 for the first offense, $100.00 656
for the second offense, and $150.00 for the third offense, plus the actual costs of 657
transporting the animal to impound, the actual costs of veterinary and related services 658
rendered to the animal while impounded, the actual costs of sale incurred, boarding 659
fees, and the actual costs of extraordinary measures required in or for the handling and 660
maintenance of the animal while impounded. 661
662
(3) Notwithstanding any other provision of this Ordinance, where a sterile dog or sterile cat 663
belongs to a person sixty (60) years of age or older is impounded and the owner 664
produces a certificate, signed by a veterinarian that such animal is permanently unable 665
to reproduce, the base impoundment fee for such animal shall be fifty percent (50%) of 666
the applicable impoundment fee specified in this Ordinance plus boarding fees. 667
668
(4) A processing fee of $25.00 shall be added to all Administrative Citations. 669
405
670
(5) A processing fee of $19.00 shall be added to all approved payment plans. This fee is to 671
be charged annually, on the anniversary date, or closest business date after anniversary 672
date. 673
674
(6) A processing fee of $28.00 will be added to all payment plans sent to the Franchise Tax 675
Board in an effort to collect past due amounts. This fee is to be charged annually, on the 676
anniversary date, or closest business date after anniversary date. 677
678
(7) When a check is presented for payment and the constituents balance in their bank is 679
insufficient to cover the amount of the charge; a fee of $25 shall be added to the amount 680
owed by the constituent. 681
682
b. The fee for destruction and disposal of any dog, cat or other small animal in accordance 683
with any provision of this Ordinance shall be $25.00. 684
685
c. The fee for destruction and disposal of any horse, donkey, burro or other large animal in 686
accordance with any provision of this Ordinance shall be $193.00. 687
688
d. Any dog, four (4) months of age or older, which has been impounded shall not be released 689
from impoundment unless it is licensed in accordance with the provisions of this Ordinance. 690
691
e. An officer acting under the provisions of this Ordinance who impounds a dog or cat pursuant 692
to Section 8, subsection (a) or (d) of this Ordinance, shall give written notice of the impound 693
by first class mail, postage prepaid, to the identified address on the animal or last known 694
owner address provided in County records, if the dog or cat is: 1) wearing a Riverside 695
County dog or cat license tag, 2) wearing any other identification tag containing an address, 696
or 3) is micro chipped. If such dog or cat is not redeemed within ten (10) calendar days 697
from the date of the mailing of such notice, the officer having custody of the dog or cat shall 698
dispose of it in accordance with the provisions of Section 11, subsection (h) of this 699
Ordinance, or shall humanely destroy such dog or cat. 700
701
406
23
f. Upon impounding a stray dog pursuant to Section 8, subsections (a) or (d) of this Ordinance 702
or a stray cat, the holding period for such stray dog or cat shall be in accordance with State 703
law, as appearing in California Food and Agricultural Code sections 31752 and 31108 or 704
other such applicable State law, as amended from time to time. 705
706
g. The officer having custody of any impounded dog, cat or other animal may, by humane 707
methods, summarily destroy such dog, cat or other animal if: 708
709
1) the animal is suffering from any incurable, dangerous or contagious disease, providing a 710
veterinarian shall certify, in writing, that such animal is so suffering; or, in the officers 711
best judgment it would be inhumane and cause needless suffering to prolong the life of 712
the animal in order to see a veterinarian or, 713
714
2) It is an unlicensed vicious dog, cat or other animal. 715
716
h. Any officer having in his custody any unredeemed, impounded dog or cat may release such 717
dog or cat to any adult individual upon payment by that individual of the impound fees and 718
charges specified in Subsection (a) of this Section, or to a nonprofit corporation formed 719
under the provisions of California Corporations Code commencing with Section 10400 for 720
the prevention of cruelty to animals or to a nonprofit organization formed under the laws of 721
the State of California for the prevention of cruelty to animals, for such placement as such 722
nonprofit corporation or nonprofit organization may choose. Releases of dogs or cats to 723
such nonprofit corporations or nonprofit organizations pursuant to Subsection (h) of this 724
Section shall not be subject to the payment of impound fees and charges specified in 725
Subsection (a) of this Section. 726
727
i. It shall be unlawful for any person to remove an impounded animal from an animal control 728
Shelter or Animal Control transport vehicle without the permission of the officer in charge 729
thereof. 730
731
j. Animal Control Officers choosing to return an impounded animal to the owner, in the field 732
may collect a field return impound fee of $40.00 733
734
407
k. Animal Control Officer picking up owned animals at the request of the owner shall collect a 735
fee of $164.00 from the owner. This fee is inclusive of the legally mandated five nights of 736
boarding, an ID band, flea and tick treatment, bordetilla vaccination, nobivac canine 737
1DAPPV, injection fees and field turn in fee. (Not approved) 738
739
l. Animal Control Officers investigating and authorizing a home quarantine shall collect a fee 740
of $50.00 from the owner or custodian of the animal. 741
742
m. Animal Control Officers providing assistance with trap service, for feral animals or nuisance 743
wildlife that are not considered a public health risk, shall collect a service fee of $20.00 for 744
the first five (5) days and $2.00 per day for each additional day after the fifth (5) day. 745
746
1) A fee of $73.00 shall be charged for all cat traps which are lost or destroyed. 747
748
2) A fee of $355.00 shall be charged for all dog traps which are lost or destroyed. 749
750
3) A fee of $90 shall be charged for all other traps which are lost or destroyed. 751
752
n. Owners of animals impounded for quarantine at a County facility shall be charged a 753
quarantine fee of $10.00 per day in addition to the regular daily boarding fee. 754
755
o. The hourly rate for the recovery of administrative costs associated with the recoupment of 756
enforcement costs provided in this Ordinance shall be $53.00. 757
758
p. The fee for a micro-chip identification device shall be $21.00 per animal; the fee shall be 759
$12.00 when adopting an animal from a County animal shelter. 760
761
q. The fee for after-hours personnel assistance is $104, per hours. The after-hours charge 762
shall commence after the close of normal business hours and shall be in addition to any 763
other applicable fees set forth in this Ordinance. 764
765
r. The fee(s) for adopting any unredeemed, impounded dog or cat will be based on tiered 766
system that includes vaccinations, micro chipping, deworming, spay or neutering and 767
adoption charges. Senior citizens and disabled people will be charged at 50% of the 768
408
25
applicable charges. To reduce and/or eliminate the euthanasia of adoptable dogs and cats, 769
the Director or his designee shall have the discretion to decrease or entirely wave the 770
adoption fees for last chance adoptions, which are adoptions of urgent animals scheduled 771
for euthanasia. The Director or his designee shall have the discretion to decrease the 772
adoption fees of animals adopted at special events in order to promote the adoption of 773
impounded animals. The director or his designee shall also have the discretion to waive fifty 774
percent (50%) of the applicable tiered fee if the animal is adopted by the foster care provider 775
currently providing care for the animal or for an employee of the County of Riverside. 776
777
The following fees for dogs are based on time in shelter and shall apply as follows: 778
1) Dogs zero (0) to fifteen (15) days……………………………………………$105.00 779
2) Dogs sixteen (16) to thirty (30) days…………………………………………..$55.00 780
3) Dogs more than thirty (30) days………………………………………….…....$20.00 781
782
The following fees for cats are based on age of cat or kitten and shall apply as follows: 783
1) Kittens eight (8) weeks to four (4) months of age……………………………$65.00 784
2) Kittens more than four(4) months to one (1) year of age……………………$45.00 785
3) Cats more than one (1) year of age……………………………………………$25.00 786
787
s. For animals turned in at shelters, the owner turn-in fee shall be $124.00. This fee is 788
inclusive of legally mandated five nights of boarding, an ID band, flea and tick treatment, 789
bordetilla vaccination, nobicac canine 1DAPPV and the injection fees. (Not Approved) 790
791
t. Animals impounded at a County facility shall be charged a boarding fee of $15.00 per day. 792
793
u. The Director shall charge and collect from each person the veterinarian and staff rates for 794
the treatment of animals, as set forth below. The Director shall also charge and collect for 795
any additional costs for veterinary and related services rendered to the animal, and the 796
actual costs of any extraordinary measures required in or for the handling and maintenance 797
of the animal. Veterinarian and staff rates for the treatment of animals and other related 798
fees shall be as follows: 799
800
(1) An hourly rate of $142.70 for Doctors of Veterinary Medicine (DVM); 801
409
(2) An hourly rate of $79.08 for Supervising Registered Veterinary Technicians (SRVT); 802
(3) An hourly rate of $72.51 for Registered Veterinary Technicians (RVT) 803
(4) An hourly rate of $67.85 for Veterinary Technician (VT); 804
(5) An hourly rate of $94.79 for Operations Chiefs; 805
(6) A fee of $8.00 for small pain management; 806
(7) A fee of $15.00 for large animal pain management; 807
(8) A fee of $18.00 for each injection; 808
(9) A fee of $35.00 for sedation; 809
(10) A fee of $8.00 for fluids; 810
(11) A fee of $8.00 for small animal de-worming; 811
(12) A fee of $16.00 for large animal de-worming; 812
(13) A fee of $25.00 for large animal tube de-worming, commonly referred to as tube 813
worming; 814
(14) A fee of $20.00 to clip/clean; 815
(15) A fee of $18.00 for each horse vaccine; 816
(16) A fee of $75.00 for exploratory surgery; 817
(17) A fee of $8.00 for topical flea/tick treatment, also referred to as frontline; 818
(18) A fee of $70.00 for animal emergency clinic fees; 819
(19) A Fee of $20.00 for each night animal is held overnight at emergency clinic 820
(20) A fee of $70.00 for the first view of an X-ray; A fee of $20.00 for the 2nd and any 821
subsequent view of an X-ray; 822
(21) A fee of $15.00 for small animal daily oral medication; and 823
(22) A fee of $25.00 for large animal daily oral medication. 824
825
v. The Director shall charge and collect from any contracted city the County’s standard field 826
and sheltering rates for services provided as set forth below. In addition, the Director shall 827
charge and collect from any contracted city the County’s standard community outreach 828
event and enforcement sweep rates for services provided and other related fees, as set 829
forth below. Provided however that, upon a showing of extreme financial hardship by a city 830
under contract with the County as of September 15, 2011 as to the impact of the standard 831
rates and fees herein upon the cost of the existing services, the Director may negotiate a 832
service contract containing reduced contract rates and fees with such contract subject to the 833
410
27
approval of the Riverside County Board of Supervisors. The standard rates and fees shall 834
be as follows: 835
836
(1) An annual contract rate of $127,026.00 for one (1) full-time Animal Control Officer 837
(ACO) working for a total of 2,080 hours annually during regular shifts between the 838
hours of 7:30 a.m. through 5:00 p.m. less County Holidays; 839
840
(2) An annual contract rate of $63,513.00 for one (1) half-time Animal Control Officer 841
(ACO) working for a total of 1,040 hours annually during regular shifts between the 842
hours of 7:30 a.m. through 5:00 p.m. less County Holidays; 843
844
(3) A contract hourly rate of $82.00 per hour for an Animal Control Officer (ACO) with a 845
two (2) hour minimum charge per service call; 846
847
(4) A contract overtime hourly rate of $82.00 per hour for an Animal Control Officer 848
(ACO) with a two (2) hour minimum charge per service call; 849
850
(5) Where a contract for service provides for six or more officers, an annual contract rate 851
of $127,026.00 for one (1) dedicated full-time Sergeant of Field Services working for 852
a total of 2,080 hours annually during regular shifts between the hours of 7:30 a.m. 853
through 5:00 p.m. less County Holidays; 854
855
(6) An annual contract rate of $89,315.00 for one (1) full-time License Inspector (LI) 856
working for a total of 2,080 hours annually during regular shifts between the hours of 857
7:30 a.m. through 5:00 p.m. less County Holidays; 858
859
(7) A contract fee of $2,460 for an enforcement sweep – six (6) hour day; 860
861
(8) A contract fee of $2,553.00 per community outreach event – full day of service (9 862
hours), provided however that one (1) outreach event may be included at no charge 863
to a contracting city for each increment of one thousand six hundred (1,600) 864
impounded dogs and cats that are projected for any fiscal year (“FY”) covered by the 865
contract; 866
411
867
(9) An annual sheltering contract rate of $76.00 multiplied by total number of impounded 868
dogs and cats for the most recent prior fiscal year (“FY”) for Blythe Shelter; 869
870
(10) An annual sheltering contract rate of $115.00 multiplied by total number of 871
impounded dogs and cats for the most recent prior fiscal year (“FY”) for Coachella 872
Valley Animal Campus Shelter; 873
874
(11) An annual sheltering contract rate of $138.00 multiplied by total number of 875
impounded dogs and cats for the most recent prior fiscal year (“FY”) for Riverside 876
Animal Campus Shelter; 877
878
(12) An annual sheltering contract rate of $81.00 multiplied by total number of impounded 879
dogs and cats for the most recent prior fiscal year (“FY”) for Sa n Jacinto Animal 880
Campus Shelter. 881
882
Section 12 ALTERED AND UNALTERED ANIMALS: 883
a. MANDATORY SPAYING AND NEUTERING 884
885
1. Requirement. No person may own, keep, or harbor an unaltered and unspayed dog 886
or cat in violation of this section. An owner or custodian of an unaltered dog must 887
have the dog spayed or neutered, or provide a certificate of sterility, or obtain an 888
unaltered dog license in accordance with this Ordinance. An owner or custodian of an 889
unaltered cat must have the animal spayed or neutered, or provide a certificate of 890
sterility. 891
2. Appointments are available to spay or neuter an unaltered dog or cat at the Riverside 892
San Jacinto and Blythe Animal Shelters. The demand for these appointments exceeds 893
the number of slots available. In an effort to maximize the number of animals spayed 894
or neutered; Animal Services will charge a $25 appointment fee that will be applied to 895
the cost of spaying or neutering their animals, provided the customer keeps the 896
appointment or contacts Animal Services 24 hours prior the appointment to 897
reschedule. 898
899
412
29
3. Exemptions. This section shall not apply to any of the following: 900
901
A. A dog with a high likelihood of suffering serious bodily harm or death if spayed or 902
neutered, due to age or infirmity. The owner or custodian must obtain written 903
confirmation of this fact from a California licensed Veterinarian. If the dog is able 904
to be safely spayed or neutered at a later date, that date must be stated in the 905
written confirmation; should this date be later than thirty (30) days, the owner or 906
custodian must apply for an unaltered dog license. 907
908
B. In the event that any dog follows under section 12(3)(A) of this ordinance, a 909
mandatory spay and neuter deposit fee of $75 shall be paid before the animal is 910
released from the Shelter. 911
912
C. A cat with a high likelihood of suffering serious bodily harm or death if spayed or 913
neutered, due to age or infirmity. The owner or custodian must obtain written 914
confirmation of this fact from a California licensed Veterinarian. If the cat is able 915
to be safely spayed or neutered at a later date, that date must be stated in the 916
written confirmation. 917
918
D. In the event any cat follows under section 12(3)(C) of this ordinance, a mandatory 919
spay and neuter deposit fee of $40 shall be paid before the animal is released 920
from the shelter. 921
922
E. Animals owned by recognized dog or cat breeders, as defined by Department of 923
Animal Services Policy. 924
925
F. Females over the age of 10 and males over the age of 12 are exempt from the 926
Spay and Neuter requirement due to the biological improbability of reproduction, 927
however, they will be required to purchase an unaltered license 928
929
b. DENIAL OR REVOCATION OF UNALTERED DOG LICENSE AND RE-APPLICATION 930
931
413
1. The Department may deny or revoke an unaltered dog license for one or more of the 932
following reasons: 933
934
A. The owner, custodian, applicant or licensee is not in compliance with all of the 935
requirements of this section; 936
937
B. The Department has received at least three (3) complaints, verified by the 938
Department, that the owner, custodian, applicant or licensee has allowed a dog to 939
be stray or run at large or has otherwise been found to be neglectful of his or her 940
or other animals; 941
942
C. The owner, custodian, applicant, or licensee has been previously cited for 943
violating a state law, county code or other municipal provision relating to the care 944
and control of animals; 945
946
D. The unaltered dog has been adjudicated by a court or an agency of appropriate 947
jurisdiction to be potentially dangerous, dangerous or vicious, or to be nuisance 948
within the meaning of the Riverside County Ordinances or under state law; 949
950
E. Any unaltered dog license held by the applicant has been revoked; 951
952
F. The license application is discovered to contain a material misrepresentation or 953
omission of fact. 954
955
2. R e-application for unaltered dog license: 956
957
A. When an unaltered dog license is denied, the applicant may re-apply for a license 958
upon changed circumstances and a showing that the requirements of this 959
ordinance have been met. The Department shall refund one-half of the license 960
fee when the application is denied. The applicant shall pay the full fee upon re-961
application. 962
963
414
31
B. When an unaltered dog license is revoked, the owner or custodian of the dog may 964
apply for a new license after a thirty (30) day waiting period upon showing that the 965
requirements of this Ordinance have been met. No part of an unaltered dog 966
licensee fee is refundable when a license is revoked and the applicant shall pay 967
the full fee upon re-application. 968
969
c. APPEAL OF DENIAL OR REVOCATION OF UNALTERED DOG LICENSE 970
971
1. Request for hearing 972
973
A. Notice of intent to deny or revoke. The Department shall mail to the owner, 974
custodian, licensee, or applicant a written notice of its intent to deny or revoke the 975
license for an unaltered dog which includes the reason(s) for the denial or 976
revocation. The owner, custodian, licensee or applicant may request a hearing to 977
appeal the denial or revocation. The request must be made in writing within ten 978
(10) days after the notice of the intent to deny or revoke is mailed. Failure to 979
submit a timely written hearing request shall be deemed a waiver of the right to 980
appeal the license denial or revocation. 981
982
B. Hearing officer. The hearing shall be conducted by the Animal Services Director’s 983
designee. 984
985
C. Notice and conduct of hearing. The Department shall mail a written notice of the 986
date, time and place for the hearing not less than ten (10) business days before 987
the hearing date. The hearing date shall be no more than thirty (30) business 988
days after the Department’s receipt of the request for a hearing. The hearing will 989
be informal and the rules of evidence will not be strictly observed. The 990
Department shall mail a written decision to the owner or custodian within ten (10) 991
business days after the hearing. The decision of the hearing officer shall be the 992
final administrative decision. 993
994
3. Change in location of dog. If the dog is moved after the Department has issued a letter of 995
intent to deny or revoke, but has not yet denied or revoked the license, the owner, 996
415
custodian, licensee or applicant must provide the Department with information as to the 997
dog’s whereabouts, within ten (10) days of the change in location of the dog, including the 998
current owner or custodian’s name, address and telephone number. 999
1000
d. TRANSFER, SALE AND BREEDING OF UNALTERED DOG OR CAT 1001
1002
1. Offer for sale or transfer of unaltered dog. An owner or custodian who offers any 1003
unaltered dog for sale, trade, or adoption must include a valid unaltered dog license 1004
number with the offer of sale, trade or adoption, or otherwise state and establish 1005
compliance with this section. An owner or custodian of an unaltered dog must notify 1006
the Department of the name and address of the transferee within ten (10) days after 1007
the transfer. The unaltered license and microchip numbers must appear on a 1008
document transferring the animal to the new owner. 1009
1010
2. Offer for sale or transfer of unaltered cat. An owner or custodian of an unaltered cat 1011
must notify the Department of the name and address of the transferee within ten (10) 1012
days after the transfer. The microchip numbers must appear on a document 1013
transferring the animal to the new owner. 1014
1015
e. PENALTIES 1016
1017
Penalties issued for failure to spay or neuter a dog or cat shall be enforced as set forth 1018
below: 1019
1020
1. An administrative citation, infraction, or other such authorized penalty may be issued to 1021
an owner or custodian of an unaltered dog or cat for a violation of this section only 1022
when the owner or custodian is concurrently cited for another violation under state or 1023
local law pertaining to the obligations of a person owning or possessing a dog or cat. 1024
Examples of such state law or local ordinance violations include, but are not limited to, 1025
the following: failure to possess a current canine rabies vaccination of the subject dog; 1026
dog or cat at large; failure to license a dog; leash law violations; kennel or cattery 1027
permit violations; tethering violations; unhealthy or unsanitary conditions; failure to 1028
provide adequate care for the subject dog or cat in violation of the Penal Code; rabies 1029
416
33
quarantine violations for the subject dog; operating a business without a license and/or 1030
lack of State Tax ID Number; fighting dog activity in violation of Penal Code section 1031
597.5; animals left unattended in motor vehicles; potentially dangerous, dangerous or 1032
vicious animals; and noisy animals. 1033
1034
2. Should the owner or custodian of an unaltered dog or cat be found in violation of a 1035
state or local law, as stated above, in subsection (1), the owner or custodian shall be 1036
required to spay or neuter the unaltered animal in accordance with this section. 1037
1038
f. IMPOUNDMENT OF UNALTERED DOG OR CAT 1039
1040
1. When an unaltered dog or cat is impounded pursuant to state and/or local law, in 1041
addition to satisfying applicable requirement for the release of the animal, including but 1042
not limited to payment of impound fees pursuant to this Ordinance, the owner or 1043
custodian shall also do one of the following: 1044
1045
A. Provide written proof of the dog or cat’s prior sterilization, if conditions cannot or 1046
do not make this assessment obvious to Department personnel; 1047
1048
B. Have the dog or cat spayed or neutered by a Department veterinarian at the 1049
expense of the owner or custodian. Such expense may include additional fees 1050
due to extraordinary care required; 1051
1052
C. Have the dog or cat spayed or neutered by another California licensed 1053
veterinarian. The owner or custodian may arrange for another California licensed 1054
veterinarian to spay or neuter the animal, and shall pay to the Department the 1055
cost to deliver said animal to the chosen veterinarian. The cost to deliver the 1056
animal shall be based on the Department’s hourly rate established by the Auditor -1057
Controller. The veterinarian shall complete and return to the Department within 1058
ten (10) business days, a statement confirming that the dog or cat has been 1059
spayed or neutered or is, in fact, incapable of breeding and shall release the dog 1060
or cat to the owner or custodian only after the spay or neuter procedure is 1061
complete; 1062
417
1063
D. At the discretion of the Director, the dog or cat may be released to the owner or 1064
custodian if he or she signs a statement under penalty of perjury, representing 1065
that the dog or cat will be spayed or neutered and that he or she will submit a 1066
statement within ten (10) business days of the release, signed by the veterinarian, 1067
confirming that the dog or cat has been spayed or neutered or is incapable of 1068
breeding; 1069
1070
E. Or if the owner or custodian demonstrates compliance with this section. 1071
1072
2. COSTS OF IMPOUNDMENT 1073
1074
A. The owner or custodian of the unaltered dog or cat shall be responsible for the 1075
costs of impoundment, which shall include daily boarding cost, vaccination, 1076
medication, and any other diagnostic or therapeutic applications as provided in 1077
this Ordinance. 1078
1079
B. The costs of impoundment shall be a lien on the dog or cat, and the unaltered 1080
animal shall not be returned to its owner or custodian until the costs are paid. If 1081
the owner or custodian of an impounded unaltered animal does not pay the lien 1082
against it in full within fourteen (14) business days, the animal shall be deemed 1083
abandoned to the Department in accordance with this Ordinance. 1084
1085
g. APPLICATION OF FEES AND FINES COLLECTED 1086
1087
All costs and fines collected under this part and the fees collected under, subsection (f) 1088
shall be paid to the Department for the purpose of defraying the cost of the implementation 1089
and enforcement of this program. 1090
1091
Section 13 MANDATORY MICROCHIPPING OF DOGS AND CATS 1092
a. All dogs and cats over the age of four months must be implanted with an identifying 1093
microchip. The owner or custodian is required to provide the microchip number to the 1094
Department, and shall notify the Department of any change of ownership of the dog or cat, 1095
418
35
or any change of address or telephone number. Nothing in this section supersedes, 1096
eliminates, or alters the requirements of Sections 2, 5 or any other licensing requirements of 1097
this ordinance. 1098
b. Exemptions. The mandatory micro chipping requirements shall not apply to any of the 1099
following: 1100
1101
1. A dog or cat with a high likelihood of suffering serious bodily injury, if implanted with the 1102
microchip identification, due to the health conditions of the animal. The owner or 1103
custodian must obtain written confirmation of the fact from a California licensed 1104
Veterinarian. If the dog or cat is able to be safely implanted with an identifying microchip 1105
at a later date that date must be stated in the written confirmation. 1106
1107
2. A dog or cat which would be impaired of its athletic ability or performance if implanted 1108
with the microchip identification. The owner or custodian must obtain written 1109
confirmation of that fact from a California licensed Veterinarian. If the dog or cat is able 1110
to be safely implanted with an identifying microchip at a later date that date must be 1111
stated in the written confirmation. 1112
1113
3. A dog or cat that is kenneled or trained in Riverside County, but is owned by an 1114
individual that does not reside in Riverside County. The owner or custodian must keep 1115
and maintain the animal in accordance with the applicable laws and ordinances of the 1116
jurisdiction in which the owner or custodian of the animal permanently resides, including 1117
but not limited to the applicable licensing and rabies vaccination requirements of that 1118
jurisdiction. 1119
1120
c. Transfer, sale of dogs and cats 1121
1122
1. An owner or custodian who offers any dog, over the age of four months, for sale, trade, 1123
or adoption must provide the microchip identification number and the valid dog license 1124
number with the offer of sale, trade or adoption. The license and microchip numbers 1125
must appear on a document transferring the dog to the new owner. The owner or 1126
custodian shall also advise the Department of the name and address of the new owner 1127
or custodian in accordance with subdivision (a) of this section. An owner or custodi an 1128
419
offers any dog, over the age of four months, for sale, trade, or adoption and fails to 1129
provide the Department with the name and address of the new owner is in violation of 1130
this Ordinance and shall be subject to the penalties set forth herein. 1131
1132
2. An owner or custodian who offers any cat, over the age of four months, for sale, trade, or 1133
adoption must provide the microchip identification number and the valid dog license 1134
number with the offer of sale, trade or adoption. The microchip numbers must appear on 1135
a document transferring the cat to the new owner. The owner or custodian shall also 1136
advise the Department of the name and address of the new owner or custodian in 1137
accordance with subdivision (a) of this section. An owner or custodian offers any cat, 1138
over the age of four months, for sale, trade, or adoption and fails to provide the 1139
Department with the name and address of the new owner is in violation of this Ordinance 1140
and shall be subject to the penalties set forth herein. 1141
1142
3. When a puppy or kitten under the age of four months implanted with microchip 1143
identification is sold or otherwise transferred to another person, the owner or custodian 1144
shall advise the Department of the name and address of the new owner or custodian, 1145
and the microchip number of the puppy or kitten within ten (10) days after the transfer. If 1146
it is discovered that an owner or custodian has failed to provide the Department with the 1147
name and address of the new owner and the microchip number of the puppy or kitten, 1148
the owner or custodian shall be subject to the penalties set forth in this Ordinance. 1149
1150
d. When an impounded dog or cat is without microchip identification, in addition to satisfying 1151
applicable requirements for the release of the animal, including but not limited to payment of 1152
impound fees pursuant to this Ordinance, the owner or custodian shall also do one of the 1153
following: 1154
1155
1. Have the dog or cat implanted with a Department microchip by a Department registered 1156
veterinarian technician or veterinarian or designated personnel at the expense of the 1157
owner or custodian; 1158
1159
2. Have the dog or cat implanted with a Department approved microchip by a California 1160
licensed veterinarian. The owner or custodian may arrange for another California 1161
420
37
licensed veterinarian to perform the implant, and shall pay to the Department the cost to 1162
deliver the dog or cat to the chosen veterinarian. The cost to deliver the dog or cat shall 1163
be based on the Department’s hourly rate established by the Riverside County Auditor -1164
Controller. The veterinarian shall complete and return to the Department within ten (10) 1165
business days, a statement confirming that the microchip has been implanted, provide 1166
the Department with the number and shall release the dog or cat to the owner or 1167
custodian only after the procedure is complete; 1168
1169
3. Or, at the discretion of the Director of Animal Services, the dog or cat may be released to 1170
the owner or custodian if he or she signs a statement under penalty of perjury, 1171
representing that the dog or cat will be implanted with a microchip and that he or she will 1172
submit a statement within ten (10) business days of the release, signed by a California 1173
licensed veterinarian, confirming that the dog or cat has been so implanted and provide 1174
the microchip number to the Department or allow the Department to scan the dog or cat 1175
for the microchip to verify. 1176
1177
e. Fees for microchip identification device. The fee for an identifying microchip device shall be 1178
included in the cost of adoption when adopting a dog or cat from a Riverside County animal 1179
shelter. The fee for an identifying microchip device shall be the amount set forth in Section 1180
11, subdivision (p) per animal for all other animals. If an animal has already been implanted 1181
with an identifying microchip device by some other facility, there will be no fee to have the 1182
identification number entered into the Department’s registry as required by subdivision (a) of 1183
this section. 1184
1185
f. Allocation of fees and fines collected. All costs, fees, and fines collected under this section 1186
shall be paid to the Department for the purpose of defraying the cost of the implementation 1187
and enforcement of this program and for low cost microchipping programs administered by 1188
the Department. 1189
1190
Section 14 STRAY OR BARKING DOGS 1191
It shall be unlawful for the owner or person in charge of any dog, whether licensed or 1192
unlicensed, to permit such dog to run at large. 1193
421
1194
Section 15 CAT TRAPPING 1195
1196
a. It shall be unlawful for any person to set or maintain an operating trap for a cat unless sign 1197
is posted on the property stating that such a trap is in the use on the property. The sign 1198
shall be clearly visible from the road serving the property on which the trap is set or 1199
maintained and shall remain posted and visible at all times while the trap is in use. Trapping 1200
shall not continue for more than ten (10) days in a thirty (30) day period. (See Resolution 1201
No 89-148.) If a person maintaining a trap should trap a lactating female cat, the person 1202
shall immediately release the cat thereby eliminating the chance of removing a cat that may 1203
be nursing kittens. This Section shall apply when the trap is being used for rabies control as 1204
determined in writing by the Department of Animal Services. 1205
1206
Section 16 RABIES SUPPRESSION, CONTROL AND QUARANTINE 1207
1208
a. If it shall appear to the Director that any animal has rabies, the Director may destroy such 1209
animal forthwith, or may hold such animal for further examination or observation for such 1210
time as the Director may determine to be appropriate. 1211
1212
b. Whenever any animal has been bitten by an animal which has rabies, which exhibits any 1213
symptoms of rabies or which is otherwise suspected of having or having been exposed to 1214
rabies, the owner or person having custody of such bitten animal shall immediately notify 1215
the Director, and shall immediately confine the animal and maintain that confinement until it 1216
is established, to the satisfaction of the Director, that such animal does not have rabies. 1217
The Director shall have the power to quarantine any such animal, or impound it at the 1218
owner’s expense if the owner or person having custody of such animal shall fail, refuse, or is 1219
unable, in the opinion of the Director, to adequately confine such animal immediately, or in 1220
the event the owner or person having custody of such animal is not readily accessible. 1221
1222
c. Whenever it is shown that any animal has bitten any person, the owner of person having 1223
custody of such animal shall, upon the order of the director, quarantine such animal and 1224
keep it confined at the owner’s expense for a minim um period of ten (10) days for dogs and 1225
422
39
cats and fourteen (14) days for all other animals, and shall allow the Director to make an 1226
examination of such animal at any time during such period of quarantine. Animals 1227
quarantined pursuant to this Subsection (c) shall not be removed from the premises upon 1228
which such animal is quarantined without permission of the Director. The director is hereby 1229
authorized to impound any animal at the owner’s expense in the event the owner or person 1230
having custody of such animal fails or refuses to so confine such animal. Animals 1231
quarantined pursuant to this Subsection (c) shall remain under quarantine until notice is 1232
given by the Director that such quarantine is terminated. 1233
1234
d. The Director may, at his or her discretion, post or cause to be posted an appropriate sign on 1235
any premises where an animal is quarantined pursuant to this Ordinance, for the purpose of 1236
warning the public of the fact of such quarantine. It shall be unlawful for any person to 1237
remove a sign posted pursuant to this Subsection (d) without the permission of the Director. 1238
1239
e. Whenever the Director shall determine that an epidemic of rabies exists or is threatened, the 1240
Director shall have the authority to take such measures as may be reasonably necessary to 1241
prevent the spread of the disease, including but not limited to the declaration of quarantine 1242
against any or all animals in any area of the County of Riverside as the Director may 1243
determine and define, for a period of not more than one hundred and twenty (120) days. An 1244
additional or extended quarantine period shall be deemed necessary by the Director for the 1245
protection and preservation of the public health, peace and safety. Any quarantine declared 1246
pursuant to this Subsection (e), other than as restricted herein, shall be upon such 1247
conditions as the Director may determine and declare. 1248
1249
f. No person shall bring a dog into the unincorporated area of the County of Riverside from 1250
any city located in the County of Riverside in which a reported case of rabies exists or has 1251
existed within the past six (6) months, nor shall any person bring a dog into the 1252
unincorporated area of the County of Riverside from any county, city, state or country in 1253
which a reported case of rabies exists or has existed within the preceding six (6) months. 1254
1255
g. In order to protect the public health from the hazard of rabies which has been found to exist 1256
in skunks, a quarantine is hereby imposed, to continue until released by the Director, 1257
whereby it is prohibited to trap or capture skunks for pets; to trap, capture, or hold skunks in 1258
423
captivity for any reason; to transport skunks from or into the County of Riverside except 1259
pursuant to a permit issued by the California Department of Health Services pursuant to 1260
Title 17, California Administrative Code, Section 2606.8. 1261
1262
h. Any exotic or hybrid animal shall be vaccinated and/or quarantined pursuant to State law. 1263
1264
Section 17 PLACEMENT REQUIREMENTS 1265
1266
a. Any person who within the unincorporated area of Riverside County, or any business entity 1267
or other organization located in or doing business in the unincorporated area of Riverside 1268
County which, advertises or offers in any manner, puppies or dogs for sale, trade, barter or 1269
to be given away for free, must display in such advertisements, announcement or flyer the 1270
following information: 1271
1272
1. The license number and name of the licensing agency of each of the mother animals, 1273
any of whose offspring are so offered (in the case of puppies under four months of age), 1274
and/or 1275
1276
2. the license number and name of licensing agency of each of the dogs (in the case of 1277
animals four months or more of age), and/or 1278
1279
3. the kennel and or rescue permit number and name of permitting agency of the owner of 1280
each of the mother animals any of whose offspring are so offered (in the case of puppies 1281
under four months of age), 1282
1283
4. And/or the kennel permit and/or rescue number and name of the permitting agency of 1284
the owner of each of the dogs so offered (in the case of animals four months or more of 1285
age). 1286
1287
b. This Section shall not apply to public animal shelters or nonprofit humane societies which 1288
are in compliance with Food and Agricultural Code Sections 30503 and 31751, nor shall it 1289
apply to persons who relinquish animals to such shelters or societies. 1290
1291
424
41
c. Violators subject to citation are to be furnished with a list of low-cost or no-cost spay and 1292
neuter resources. 1293
1294
d. It shall be unlawful for any person to make use of stolen, counterfeit or unauthorized 1295
license, tag, certificate or any other document or item for the purpose of evading the 1296
provisions of the Section. 1297
1298
Section 18 PROHIBITION OF SALES OR THE GIVING AWAY OF DOGS AND 1299
CATS ON PUBLIC PROPERTY 1300
1301
No person shall, in the unincorporated area of Riverside County, offer for sale or sell or give away 1302
or transfer for adoption any cat, kitten, dog or puppy on any public street, public sidewalk or public 1303
park. 1304
1305
Section 19 ENFORCEMENT 1306
1307
a. The Animal Services Director shall supervise the administration and enforcement of this 1308
Ordinance and of the laws of the State of California pertaining to the care and control of 1309
dogs animals and shall have charge of the Department of Animal Services employees and 1310
facilities. 1311
1312
b. The Board of Supervisors may enter into a written agreement or agreements with any 1313
veterinarian, organized humane society, association, person, corporation or organization 1314
which will undertake to carry out the provisions of this Ordinance and maintain and operate 1315
a shelter, and which will license, take up, impound and dispose of animals. Any such 1316
veterinarian or society or association which shall enter into such an agreement shall carry 1317
out all the provisions of this Ordinance in the manner herein prescribed. 1318
1319
c. Is shall be unlawful for any person to interfere with, oppose or resist any officer, employee 1320
or person empowered to enforce the provisions of this Ordinance while such officer, 1321
employee or person is engaged in the performance of his/her duties as provided herein. 1322
1323
425
d. Nothing in this Ordinance shall prevent the Animal Services Director from acting, when 1324
he/she deems it appropriate to do so, under the applicable provisions of the California Penal 1325
Code, Section 597, et seq. 1326
1327
Section 20 VIOLATION 1328
1329
In addition to the remedies and penalties contained in this ordinance, any person violating any 1330
provision of County Animal Control Ordinances shall be guilty of an infraction, unless otherwise 1331
stated in such County Animal Control Ordinances, and upon conviction thereof shall be punished 1332
by; (1) a fine not to exceed one hundred dollars ($100.00) for the first violation; (2) a fine not to 1333
exceed two hundred dollars ($200.00) for the second violation within one year; (3) a fine not to 1334
exceed five hundred dollars ($500.00) for each additional violation within one year. Each day a 1335
violation is committed or permitted to continue shall constitute a separate offense. 1336
1337
a. Persons receiving a citation for any infraction resulting from a violation of this chapter, may 1338
choose to clear the citation within ten (10) business days, thereby avoiding a visit to court 1339
and a potentially higher court fine, by demonstrating their compliance to the Animal Services 1340
Director through their written, signed agreement and paying an administrative fee of sixty 1341
dollars ($60.00) to Department. 1342
1343
b. Persons who violate a home quarantine, fail to produce an animal for quarantine upon 1344
demand , or in any other way interfere with rabies investigation, shall be guilty of an 1345
misdemeanor, pursuant to Section 121710 of the California Health and Safety Code and 1346
Section 9701 of the California Food and Agriculture Code, which is punishable by 1347
imprisonment in the County Jail for a period not to exceed one year, or by a fine of not less 1348
than one hundred dollars ($100.00), nor more than one thousand dollars ($1,000.00) per 1349
day of violation, or both fine and imprisonment. 1350
1351
Section 21 RECOUPMENT OF ENFORCEMENT COSTS 1352
1353
The intent of this Section is to authorize the recoupment of administrative costs reasonably related 1354
to the enforcement of this Ordinance. In furtherance of this intent the County shall be entitled to 1355
426
43
recover costs of enforcement, including costs of staff time, by complying with the following 1356
procedure: 1357
1358
a. Records of Costs; The Department of Animal Services shall maintain records of all 1359
administrative costs, incurred by the Department and all other responsible County 1360
Departments, in the processing of the violation or violations and the enforcement of 1361
this Ordinance and other applicable ordinances and may recover such costs from the 1362
violator and/or property owner or property occupier as provided herein. 1363
1364
b. Notice; Upon investigation and determination that a violation of any of the provisions 1365
of this Ordinance or other related County ordinances is found to exist, the 1366
Department of Animal Services and/or other County Department(s) shall notify the 1367
violator and/or record owner of the property, or any person having possession or 1368
control of the subject property, by mail of the existence of the violation, of the 1369
Department’s intent to charge the violator and/or property owner and/or person 1370
having possession or control of the property for all administrative costs associated 1371
with enforcement, and of the respondent’s right to a hearing on objections thereto. 1372
The notice shall be in substantially the following form: 1373
1374
NOTICE 1375
1376
The Department of Animal Services and or Department of ____________________ has/have 1377
determined the conditions exist at the property located at ________________________________ 1378
__________________ which violate Sections(s) _______________________________________ 1379
of Riverside County Ordinance No(s) _______________________ 1380
1381
To wit: 1382
______________________________________________________________________________ 1383
_____________________________________________________________________________ 1384
______________________________________________________________________________ 1385
______________________________________________________________________________ 1386
1387
427
Notice is hereby given that at the conclusion of this case you will receive a summary of 1388
administrative costs associated with the processing of such violation(s), at an hourly rate as 1389
established and adjusted from time to time by the Board of Supervisors. The hourly rate presently 1390
in effect is ________ per hour of staff time. You will have the right to object to these charges by 1391
filing a Request for Hearing with the Department of Animal Services within ten (10) business days 1392
of service of the Summary of Charges. 1393
1394
1395
c. Summary of Costs; At the conclusion of the case, the Department of Animal 1396
Services shall send a summary of costs associated with enforcement to the violator 1397
and/or owner of the property and/or person having possession or control of the 1398
subject property by certified mail. The Summary shall include a notice in 1399
substantially the following form: 1400
1401
1402
NOTICE 1403
1404
If you object to these charges, you must file a Request for Hearing on the enclosed form within ten 1405
(10) business days of the date of this notice. 1406
IF YOU FAIL TO TIMELY REQUEST A HEARING, YOUR RIGHT TO OBJECT WILL BE 1407
WAIVED ANY YOU WILL BE LIABLE TO THE COUNTY OF RIVERSIDE FOR THESE 1408
CHARGES, TO BE RECOVERED IN A CIVIL ACTION IN THE NAME OF THE COUNTY, IN ANY 1409
COURT OF COMPETENT JURISDICTION WITHIN THE COUNTY. 1410
DATED:_______________________________________________________________________ 1411
1412
DEPARTMENT OF ANIMAL SERVICES:_____________________________________________ 1413
1414
1415
d. Right to Hearing; Any violator or property owner, or other person having possession 1416
and control of the property, who receives a Summary of Costs under this Section 1417
shall have the right to a hearing before the Director of the Department of Animal 1418
Services or his/her designee on his/her objections to the proposed costs in 1419
accordance with the procedures set forth herein. 1420
428
45
1421
e. Request for Hearing; A request for hearing shall be filed with the Department 1422
within ten (10) days of the service by mail of the Department’s Summary of Co sts, on 1423
a form provided by the Department. Within thirty (30) days of the filing of the request, 1424
and on ten (10) days written notice to the violator and/or owner, the Director or 1425
his/her designee shall hold a hearing on the violator and/or owner’s objecti ons, and 1426
shall determine the validity thereof. 1427
1428
f. Recovery of costs; In the event that (a) no Request for Hearing is timely filed or (b) 1429
after a hearing, the Director of the Department of Animal Services or his/her designee 1430
affirms the validity of the costs, the violator, the property owner or the person in 1431
control and possession of the property shall be liable to the County in the amount 1432
stated in the Summary of Costs or any lesser amount as determined by the Director 1433
or his/her designee. These costs shall be recoverable in a civil action in the name of 1434
the County, in any competent jurisdiction within the County. 1435
1436
g. Director’s Decision; In determining the validity of the costs, the Director or his/her 1437
designee shall consider whether the total costs as charged have been fairly and 1438
accurately calculated. Factors to be considered include whether the time and 1439
personnel spent in enforcement were reasonably necessary to bring about 1440
compliance and whether the rate charged is the current rate established by the 1441
County. 1442
1443
h. Appeal; The decision of the Director or his/her designee may be appealed by filing a 1444
written notice of appeal with the Clerk of the Board within ten (10) days after service 1445
by mail on the violator, property owner, or other person having possession and 1446
control of the property. The appeal shall be heard by the Board of Supervisors which 1447
may affirm, amend or reverse the decision and may take any other action deemed 1448
appropriate. The Department shall give written notice of the time and the place of the 1449
hearing to appellant. In conducting the hearing, the Board of Supervisors shall not 1450
be limited by the technical rules of evidence. 1451
1452
1453
429
Section 22 ADMINISTRATIVE CITATIONS AND PENALTIES 1454
1455
In addition to the remedies and penalties contained in this ordinance, and in accordance with 1456
Government Code Section 53069.4, an administrative citation may be issued for any violation of 1457
County Animal Control Ordinances. The following procedures shall govern the imposition, 1458
enforcement, collection and administrative review of administrative citations and penalties. 1459
1460
a. Notice of violation. If an animal is owned, kept, maintained, or found to be in violation of a 1461
County Animal Control Ordinance, an administrative citation may be issued by the animal 1462
control officer. An administrative citation will not be issued for violation of Section 5 1463
(Mandatory Licensing of Kennels and Catteries) prior to written notice of violation being 1464
issued. 1465
1466
b. Content of Citation. The administrative citation shall be issued on a form approved by 1467
County Counsel and shall contain the following information: 1468
1469
1. Date, location and approximate time that the violation was observed; 1470
1471
2. The ordinance violated and a brief description of the violation; 1472
1473
3. The amount of the administrative penalty imposed for the violation; 1474
1475
4. Instructions for payment of the penalty, and the time period by which it shall be paid and 1476
the consequences of failure to pay the penalty within the required time period; 1477
1478
5. Instructions on how to appeal the citation; 1479
1480
6. The signature of the animal control officer. 1481
1482
The failure of the citation to set forth all required contents shall not affect the validity of 1483
the proceedings. 1484
1485
c. Service of Citation. 1486
430
47
1487
1. If the person who has violated the County Animal Control Ordinance is present at the 1488
scene of the violation, the animal control officer shall attempt to obtain his signature on 1489
the administrative citation and shall deliver a copy of the administrative citation to him. 1490
1491
2. If the owner, occupant or other person who has violated a County Animal Control 1492
Ordinance is a business, and the business owner is on the premises, the animal control 1493
officer shall attempt to deliver the administrative citation to him/her. If the animal control 1494
officer is unable to server the business owner on the premises, the administrative citation 1495
may be left with the manager or employee of the business. If left with the manager or 1496
employee of the business, a copy of the administrative citation shall also be mailed to 1497
the business owner by certified mail, return receipt requested. 1498
1499
3. If no one can be located at the property where the violation occurred, then the 1500
administrative citation shall be posted in a conspicuous place on or near the property 1501
and a copy mailed by certified mail, return receipt requested to the owner, occupant or 1502
other person who has violated the ordinance. The citation shall be mailed to the 1503
property address and/or the address listed for the owner on the last county equalized 1504
assessment roll. The citation shall also be mailed to any additional address for the 1505
owner in Department records. 1506
1507
4. The failure of any interested person to receive the citation shall not affect the validity of 1508
the proceedings. 1509
1510
d. Administrative Penalties 1511
1512
1. The penalties assessed for each violation of a County Animal Control Ordinance shall 1513
not exceed the following amounts. 1514
1515
i. One hundred dollars ($100.00) for a first violation; 1516
1517
ii. Two hundred dollars ($200.00) for a second violation of the same administrative 1518
abatement order within one year; 1519
431
1520
iii. Five hundred dollars ($500.00) for each additional violation of the administrative 1521
abatement order within one year. 1522
1523
2. If the violation is not corrected, additional administrative citations may be issued for the 1524
same violation. The amount of penalty shall increase at the rate specified above. 1525
1526
3. Payment of the penalty shall not excuse the failure to correct the violation nor shall it bar 1527
further enforcement action. 1528
1529
4. The penalties assessed shall be payable to the County of Riverside Department of 1530
Animal Services. 1531
1532
5. Where the violation would otherwise be an infraction, the administrative penalty shall not 1533
exceed the maximum fine or infraction amount. 1534
1535
e. Administrative Appeal of Administrative Citation. 1536
1537
1. Notice of Appeal. The recipient of an administrative citation may appeal the citation by 1538
filing a written notice of appeal with the Department. The written notice of appeal must 1539
be filed within twenty (20) days of the service of the administrative citation set forth in 1540
subsection (c) above. Failure to file a written notice of appeal within this time period 1541
shall constitute a waiver of the right to appeal the administrative citation. The notice of 1542
appeal shall be submitted on county forms and shall contain the following information: 1543
1544
i. A brief statement setting forth the appellant’s interest in the proceedings; 1545
1546
ii. A brief statement of the material facts which the appellant claims supports his 1547
contention that no administrative penalty should be imposed or that an administrative 1548
penalty of a different amount is warranted; 1549
1550
iii. An address at which the appellant agrees notice of any additional proceeding or an 1551
order relating to the administrative penalty may be received by mail; 1552
432
49
1553
iv. The notice of appeal must be signed by the appellant. 1554
1555
v. A check or money order is required, as a deposit, for the total penalty amount shown 1556
on the front side of the citation, before the Administrative Appeal will be scheduled. 1557
1558
vi. Indigence must be proved to have the deposit waved. 1559
1560
2. Administrative Hearing. Upon a timely written request by the recipient of an 1561
administrative citation, an administrative hearing shall be held as follows: 1562
1563
i. Notice of Hearing. Notice of the administrative hearing regarding the administrative 1564
citation shall be given at least ten (10) days before the hearing to the person 1565
requesting the hearing. 1566
1567
ii. The administrative hearing regarding the administrative citation shall be held before 1568
the Animal Services Director, or his designee. The hearing officer shall not be the 1569
investigating animal control officer who issued the administrative citation or his 1570
immediate supervisor. The Director may contract with a qualified provider to conduct 1571
the administrative hearings or to process administrative citations. 1572
1573
iii. Conduct of the Hearing. The investigating animal control officer who issued the 1574
administrative citation shall not be required to participate in the administrative hearing 1575
regarding the citation. The contents of the investigating animal control officer’s file 1576
shall be admitted as prima facie evidence of the facts stated therein. The hearing 1577
officer shall not be limited by the technical rules of evidence. If the person requesting 1578
the appeal of the administrative citation fails to appear at the administrative hearing, 1579
the hearing officer shall make his determination based on the information contained 1580
in the notice of appeal. 1581
1582
iv. Hearing Officer’s Decision. The hearing officer’s decision regarding the 1583
administrative citation following the administrative hearing may be personally 1584
delivered to the person requesting the hearing or sent by mail. The hearing officer 1585
433
may allow payment of the administrative penalty in installments, if the person 1586
provides evidence satisfactory to the hearing officer of an inability to pay the penalty 1587
in full at one time. The hearing officer’s decision shall contain instruction for 1588
obtaining review of the decision by the superior court. 1589
1590
f. Review of Administrative Hearing Officer’s Decision. 1591
If the recipient of an administrative citation disagrees with the administrative hearing officer’s 1592
decision upholding the issuance of the administrative citation and/or administrative penalty 1593
amount assessed, the recipient may appeal the issuance of the administrative citation to the 1594
superior court as set forth in this section. 1595
1596
1. Notice of Appeal. Within twenty (20) days of the delivery and mailing of the hearing 1597
officer’s decision regarding the administrative citation, the recipient of the administrative 1598
citation may contest that decision by filing an appeal to be heard by the superior court. 1599
The fee for filing the notice of appeal is twenty-five dollars ($25.00). The failure to file 1600
the written appeal and to pay the filing fees within this period shall constitute a waiver of 1601
the right to an appeal and the decision shall be deem ed confirmed. A copy of the notice 1602
of appeal shall be served in person or by first class mail upon the Department of Animal 1603
Services by the contestant. 1604
1605
2. Conduct of Hearing. The conduct of the appeal hearing is a subordinate judicial duty 1606
and may be performed by traffic trial commissioners and other subordinate judicial 1607
officials at the direction of the presiding judge of the court. The appeal shall be heard de 1608
novo, except that the contents of the issuing agency’s file in the case shall be received 1609
into evidence. A copy of the issued administrative citation providing notice of the 1610
violation and imposition of the administrative penalty shall be admitted into evidence as 1611
prima facie evidence of the facts stated therein. The court shall request that the issuing 1612
agency’s file on the case be forwarded to the court, to be received within fifteen (15) 1613
days of the request. 1614
1615
3. Judgment. The court shall retain the twenty-five dollar ($25.00) fee regardless of the 1616
outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee 1617
shall be reimbursed to the contestant by the Department of Animal Services. Any 1618
434
51
deposit of the fine or penalty shall be refunded to the Department of Animal Services in 1619
accordance with the judgment of the court. If the fine or penalty has not been deposited 1620
and the decision of the court is against the contestant, the issuing agency may proceed 1621
to collect the penalty pursuant to the procedures set forth in this Ordinance, or in any 1622
other manner provided by law. 1623
1624
Section 23 PUBLIC NUISANCE 1625
1626
a. The possession or maintenance of any dog, cat or other identified animal or the allowing of 1627
any dog, cat or other identified animal to be in violation of this Ordinance, Ordinance No. 1628
771 or any other County Ordinance or stat law, is hereby declared to be a public nuisance. 1629
The Animal Services Director and any Riverside County peace officer are hereby directed 1630
and empowered to abate any such public nuisance independently of any criminal 1631
prosecution or the results of thereof, by any means reasonably necessary to accomplish 1632
said abatement including but not limited to the destruction of the dog, cat or other identified 1633
animal involved, or by the imposition of specific reasonable conditions and restrictions for 1634
the maintenance of such dog, cat or other identified animal. Failure to comply with such 1635
conditions and restrictions is a misdemeanor. The owner of such dog, cat or other identified 1636
animal shall reimburse to the County of Riverside for all costs incurred in enforcing 1637
compliance with the provisions of this Section 23. The County of Riverside, by and through 1638
the Animal Services Director, may also commence and maintain such proceedings in a 1639
court of competent jurisdiction as are appropriate under the laws and regulations of the 1640
State of California for the abatement and redress of public nuisances. 1641
1642
b. At least ten (10) working days prior to the impoundment or abatement or both pursuant to 1643
Section 23, Subsection (a) of this Ordinance, the owner or custodian of the subject dog, cat, 1644
or other identified animal shall be notified by the Animal Services Director, in writing, of the 1645
right to a hearing to determine whether grounds exist for such impoundment or abatement 1646
or, where applicable, both. Said notice shall be served by hand-delivery or by registered or 1647
certified mail, postage prepaid, return receipt requested. If the owner or custodian requests 1648
a hearing prior to impoundment or abatement, no impoundment or abatement shall take 1649
place until the conclusion of such hearing, except as provided in paragraph (c) below. 1650
435
1651
c. When, in the opinion of the Animal Services Director, immediate impoundment is necessary 1652
for the preservation of animal or public health, safety or welfare, or if the subject dog, cat or 1653
other identified animal has been impounded under any other provision of this Ordinance or 1654
any law or regulation of the State of California, the pre-impoundment hearing shall be 1655
deemed waived; provided, however, that the owner or custodian of the subject dog or cat 1656
shall be given notice by the Animal Services Director, in writing, which would allow five (5) 1657
working days to request an abatement hearing. Service of such notice shall be in 1658
accordance with the service methods specified in Section 23, Subsection (b) of this 1659
Ordinance. Where requested by such owner or custodian, a hearing shall be held within 1660
five (5) days of the request therefor, and the subject dog, cat or other animal shall not be 1661
disposed of prior to the conclusion of the hearing. If, after five (5) working days from the 1662
date of service of the notice specified in the Subsection (c) of Section 24 of this Ordinance, 1663
no request for a hearing is received from the owner or custodian of the subject dog, cat or 1664
other animal, such dog, cat or other animal shall be disposed of pursuant to applicable 1665
provisions of law. 1666
1667
d. All hearings pursuant to Section 23 of this Ordinance shall be conducted by the Animal 1668
Services Director personally or by a designee who shall not have been directly involved in 1669
the subject action. Hearings shall be held not more than ten (10) days from the date of 1670
receipt of the request for the hearing and shall be conducted in an informal manner 1671
consistent with due process of law. A hearing may be continued for a reasonable period of 1672
time if the Animal Services Director deems such continuance to be necessary and proper or 1673
if the owner or custodian shows good cause for such continuance. Within ten (10) days 1674
after the conclusion of the hearing, the Animal Services Director shall render, in writing, 1675
his/her findings, decision and order thereon and shall give notice of said findings, decision 1676
and order to the owner or custodian of the subject dog, cat or other animal; service of such 1677
notice shall be in accordance with the service methods specified in Section 24, Subsection 1678
(b) of this Ordinance. 1679
1680
e. Pursuant to Food and Agriculture Code Section 31622, the owner or keeper of a dog can 1681
appeal the decision of the administrative hearing to the superior court. 1682
1683
436
53
Section 24 ADJUSTMENT OF FEES 1684
1685
All of the fees set forth in this Ordinance shall be in effect until the Board of Supervisors shall by 1686
Ordinance fix some other fees upon the basis of a cost-analysis as determined by the Riverside 1687
County Auditor-Controller or, where applicable, pursuant to a change in the applicable laws and 1688
regulations of the State of California, or where applicable, both. 1689
1690
Section 25 SEVERABILITY 1691
1692
If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any 1693
person or circumstances shall be held invalid, such invalidity shall not affect other provisions or 1694
applications of the provisions of this Ordinance which can be given effect without the invalid 1695
provision or application, and to this end, the provisions of this Ordinance are hereby declared to be 1696
severable. 1697
1698
Section 26 1699
1700
Ordinance numbers 455, 455.1 through 455.70, inclusive are hereby repealed. 1701
1702
Section 27 WAIVER OF FEES 1703
1704
At the discretion of the Animal Services Director, the impoundment fees recoverable under Section 1705
11 may be waived by the Animal Services Director based upon indigent circumstances of the 1706
owner of the impounded animal that are verified by the Department of Animal Services so long as 1707
the animal is being kept and maintained in accordance with all other provisions of this Ordinance, 1708
the County Ordinances, and State Law. 1709
1710
This Ordinance shall take effect thirty (30) days after its adoption or amendment. 1711
1712
BOARD OF SUPERVISORS OF THE COUNTY 1713
OF RIVERSIDE, STATE OF CALIFORNIA 1714
437
1715
By: ________________________________ 1716
Chairman, Board of Supervisors 1717
1718
ATTEST 1719
CLERK OF THE BOARD 1720
By.__________________ 1721
Deputy 1722
1723
(SEAL) 1724
1725
APPROVED AS TO FORM 1726
By: __________________ 1727
Kristine Bell-Valdez 1728
Deputy County Counsel 1729
1730
Adopted: 1731
630 Item 3.5b of 02/03/1987 (Eff: 04/04/1987) 1732
Amended: 1733
630.1 Item 9.3a & b of 05/09/1989 (Eff: 06/08/1989) 1734
630.2 (Not Used) 1735
630.3 Item 3.5 of 08/31/1993 (Eff: 11/30/1993) 1736
630.4 Item 11.3 of 03/08/1994 (Eff: 05/07/1994) 1737
630.5 Item 12.7 of 12/13/1994 (Eff: 03/01/1995) 1738
630.6 Item 12.4 of 05/25/1999 (Eff: 07/01/1999) 1739
630.7 Item 12.1 of 08/24/1999 (Eff: 09/22/1999) 1740
630.8 Item 3.13 of 06/04/2002 (Eff; 07/04/2002) 1741
630.9 Item 3.4 of 04/15/2003 (Eff: 05/14/2003) 1742
630.10 Item 9.9 of 12/11/2007 (Eff: 01/10/2008) 1743
630.11 Item 9.2 of 07/01/2008 (Eff: 07/31/2008) 1744
630.12 Item 3.12 of 01/27/2009 (Eff: 02/26/2009) 1745
630.13 Item 9.11 of 07/14/2009 (Eff: 08/13/2009) 1746
630.14 Item 3.98 of 08/31/2010 (Eff: 09/30/2010) 1747
438
55
630.15 Item 9.2 of 08/16/2011 (Eff: 09/15/2011) 1748
630.16 Item of (Eff: 00/00/0000) 1749
1750
1751
1752
1753
1754
1755
439
440
City of La Quinta
CITY COUNCIL MEETING: January 19, 2016
STAFF REPORT
AGENDA TITLE: INTRODUCE AN ORDINANCE AMENDING THE EXISTING DEVELOPMENT
AGREEMENT WITH RREF II-CWC LAQ, LLC. FOR THE SIGNATURE PROJECT SITE TO REMOVE
TWO PARCELS (LOTS 97 AND T) FROM THE TERMS OF THE AGREEMENT; AND FIND THE
PROJECT EXEMPT FROM FURTHER REVIEW PURUSANT TO SECTIONS 15182 OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
RECOMMENDATION
1. Move to take up Ordinance No. 533 by title and number only and waive further
reading.
2. Move to introduce at first reading Ordinance No. 533 amending Development
Agreement 2015-0001 (DA 2006-011, Amendment No. 1) with RREFF II-CWC LAQ,
LLC. to remove Lot 97 and Lot T from Development Agreement.
3. Move to confirm the California Environmental Quality Act determination stated in
Section 2 of Ordinance No. 533, which states that this Amendment is exempt from
further review pursuant to Section 15182.
EXECUTIVE SUMMARY
The Signature residential project, approved in December 2013, has a Development
Agreement (Agreement); the Agreement encumbers the entire project site
(Attachment 1).
The La Quinta Resort and California West concluded an agreement to sell a portion
of the project site to the Resort for PGA West Stadium Course Clubhouse parking.
The Agreement encumbers the entire project site and the applicant requests an
amendment (DA 2015-0001, Amendment 1) to remove the parking parcels.
FISCAL IMPACT
The request is revenue-neutral; removing the parcels does not affect other provisions of
the Agreement.
BACKGROUND/ANALYSIS
Signature at PGA West, a 230-unit residential development, is under construction on a 42-
acre site in the heart of the PGA West specific plan (Attachment 2). The Eden Rock at PGA
West project and the Agreement were approved in 2008. California West purchased the
property from the Eden Rock developer in 2013 and assumed the Agreement.
As part of the California West purchase, two parcels within the tract map boundaries
were sold to the La Quinta Resort to expand the parking lot for the PGA West Stadium
PUBLIC HEARING ITEM NO.
441
Course clubhouse (Attachment 3). Lot 97 (0.46 acres) is designated on the tentative map
with parking improvements, while Lot T (0.07 acres) is a common lot between a
residential lot and the existing clubhouse parking. Development cannot occur on Lot 97
until a Site Development Permit is approved. An application has not been filed.
As these parcels will not be part of the Signature project, the La Quinta Resort has
requested that California West remove them from the Agreement; therefore, this
amendment has been prepared.
Development agreements are discretionary actions subject to Planning Commission
review and City Council approval, and represent a mutual agreement between the City
and the ownership interest. A development agreement may be amended in whole or in
part only by mutual consent of all parties involved.
There have been no objections to this amendment. California West has worked with the
City Attorney’s Office to prepare the amendment language (Exhibit A of Resolution),
which only references the two parcels being removed from the Agreement; there are no
other changes. Therefore, only the amendment language has been provided for
consideration.
PLANNING COMMISSION ACTION
The Planning Commission reviewed this amendment during a public hearing on December
8, 2015. The Planning Commission recommended approval, and requested that the
Council conduct periodic review of development agreements per section 14 of the City’s
development agreement statute (9.250.030.C.14 Development Agreements).
ALTERNATIVES
Council may elect not to approve the amendment; however, since this could jeopardize
sale of the affected parcels, it is not recommended.
Prepared by: Wally Nesbit, Principal Planner
Approved by: Gabriel Perez, Planning Manager
Attachment: 1. Approved Signature Project Information
2. Project Area Vicinity Map
3. Parcels 97 and T; TR 36537
442
ORDINANCE NO. 533
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, APPROVING AN AMENDMENT TO A
DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY
OF LA QUINTA AND RREF II-CWC LAQ, LLC.
CASE: DEVELOPMENT AGREEMENT 2015-0001
(DA 2006-011, AMENDMENT NO. 1)
WHEREAS, California Government Code Section 65864 et seq. (the
“Development Agreement Law”) authorizes cities to enter into binding development
agreements with persons having a legal or equitable interest in real property for the
development of such property, all for the purpose of strengthening the public planning
process, encouraging private participation and comprehensive planning, and
identifying the economic costs of such development; and
WHEREAS, the Planning Commission of the City of La Quinta, California did, on
the 8th day of December, 2015, hold a duly noticed Public Hearing to consider a
recommendation on an Amendment to the subject Development Agreement, and
after hearing and considering all testimony and arguments, did adopt Planning
Commission Resolution 2015-010, recommending to the City Council approval of
Development Agreement 2015-0001 (DA 2006-011, Amendment 1); and,
WHEREAS, the City Council of the City of La Quinta, California did, on the 19th
day of January, 2016, hold a duly noticed Public Hearing to consider an amendment to
a Development Agreement by and among the City of La Quinta and RREF II-CWC LAQ,
LLC for property located within the original PGA West Specific Plan area, bounded by
PGA Boulevard on the south and west, the PGA Stadium Course and Clubhouse to the
north and east; said property being the subject of the proposed amendment is
described as follows:
LOT 97 AND LOT T OF TR 36537-1, MB 442,
PGS 55 THROUGH 63 OF MAPS
WHEREAS, the Community Development Department published a public
hearing notice in The Desert Sun newspaper on January 8, 2016 as prescribed by the
Municipal Code regarding this proposal. Public hearing notices were also mailed to all
property owners within 500 feet of the project site; and,
WHEREAS, at said City Council Public Hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons wanting to be heard, said
City Council did make the following mandatory findings to justify approving the
proposed Amendment to the Development Agreement:
443
Ordinance No. 533
Development Agreement 2015-0001
(Development Agreement 2006-011, Amendment No.1)
Adopted:
Page 2 of 5
1. The proposed Amendment to the Development Agreement is internally
consistent with the goals, objectives, and policies of the General Plan and
the PGA West Specific Plan 83-002, Amendment 6, in that it will not conflict
or otherwise interfere in promoting residential development in a controlled
and logical manner that is compatible with the surrounding land uses and
the current Signature project approvals.
2. The proposed Amendment to the Development Agreement is compatible
with the uses authorized in and the regulations prescribed for the Tourist
Commercial land use district applicable to the property and the PGA West
Specific Plan.
3. The proposed Amendment to the Development Agreement conforms with
the public convenience and general welfare by providing for requisite private
improvements and conforms to good land use practice by facilitating a
long-range comprehensive approach to development of the site.
4. Approval of the proposed Amendment to the Development Agreement will
not be detrimental to the health, safety and general welfare since adequate
provisions exist in previous City approvals to provide for the necessary
project improvements contemplated under the Amendment.
5. Approval of this proposed Amendment to the Development Agreement will
not adversely affect the orderly development of the subject or surrounding
properties nor affect preservation of area-wide property values, but rather
will enhance them by facilitating orderly, planned project area development
consistent with the approved PGA West Specific Plan.
6. Consideration and adoption of this proposed Amendment to the
Development Agreement has been accomplished pursuant to California
Government Code Section 65864 et seq. and the City of La Quinta Municipal
Code Section 9.250.030, which governs Development Agreements.
WHEREAS, all actions required to be taken by the City precedent to the adoption
of this Ordinance have been regularly and duly taken.
NOW, THEREFORE, the City Council of the City of La Quinta, California does
ordain as follows:
SECTION 1. APPROVAL: The City Council hereby approves and adopts this
Amendment to the Development Agreement in the form presented to the City Council
concurrent with the approval and adoption of this Ordinance, and authorizes and
directs the City Manager to sign said Amendment to the Development Agreement on
444
Ordinance No. 533
Development Agreement 2015-0001
(Development Agreement 2006-011, Amendment No.1)
Adopted:
Page 3 of 5
behalf of the City, and the City Clerk to record the Amendment to the Development
Agreement in the Official Records of Riverside County in accordance with applicable
law.
SECTION 2. ENVIRONMENTAL: The La Quinta Community Development Department
determined that this application is exempt from further review pursuant to the
provisions of the California Environmental Quality Act (CEQA) under Section 15182
(Residential Projects Pursuant to a Specific Plan). A Determination of Substantial
Conformance was previously adopted by the La Quinta City Council on December 3,
2013, for the Signature at PGA West, with respect to the previously approved Eden
Rock at PGA West project, for which an Environmental Impact Report (SCH
#2007061056) was certified by the La Quinta City Council on April 15, 2008; and,
SECTION 3. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty
(30) days after its adoption.
SECTION 4. POSTING: The City Clerk shall certify to the passage and adoption of this
Ordinance, and shall cause the same to be posted in at least three public places
designated by resolution of the City Council, and shall cause this Ordinance and its
certification, together with proof of posting, to be entered into the Book of Ordinances
of this City.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City
Council held on this ___ day of February, 2016, 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
445
Ordinance No. 533
Development Agreement 2015-0001
(Development Agreement 2006-011, Amendment No.1)
Adopted:
Page 4 of 5
APPROVED AS TO FORM:
_____________________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
446
Ordinance No. 533
Development Agreement 2015-0001
(Development Agreement 2006-011, Amendment No.1)
Adopted:
Page 5 of 5
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. 533, which was
introduced at a regular meeting on the 19th day of January, 2016, and was adopted
at a regular meeting held on the ___ day of February, 2016, 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 ____ February, 2016, pursuant to Council
Resolution.
__________________________________________
SUSAN MAYSELS, City Clerk
City of La Quinta, California
447
448
1
EXHIBIT A – ORDINANCE NO. 533
RECORDING REQUESTED BY
AND WHEN RECORDED
MAIL TO
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Attn: City Clerk
Space Above This Line for Recorder’s Use
(Exempt from Recording Fee per Gov’t Code § 27383)
AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT
THIS AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT ("Amendment
No. 1") is made and entered into as of _________________, 2016 ("Effective Date") by and
between the CITY OF LA QUINTA, a California municipal corporation and charter city
organized and existing under the Constitution of the State of California (the “City”), and
RREF II-CWC LAQ, LLC, a California limited liability company (“Developer”).
R E C I T A L S:
A. The City and Developer's predecessor in interest, Crowne Pointe Partners, LLC,
an Oregon limited liability company ("Crowne Pointe"), entered into that certain Development
Agreement dated August 18, 2008, and recorded on September 18, 2008, as Instrument No.
2008-0509913, in the Official Records of the County of Riverside (the "Development
Agreement").
B. Crowne Pointe assigned all of its right, title, interest and obligations in, to and
under the Development Agreement to Developer and Developer accepted such assignment and
assumed the performance of all of the terms, covenants and conditions occurring or arising under
the Development Agreement on or after the effective date of such assignment, pursuant to that
certain Assignment and Assumption Agreement by and between Crowne Pointe, as "Assignor",
and Developer, as "Assignee", dated as of March 24, 2014 and recorded on March 28, 2014 as
Instrument No. 2014-0115107 in the Official Records of the County of Riverside (the
"Assignment and Assumption Agreement").
C. On or about March 13, 2015, Developer, as "Seller", and LQR Golf LLC, a
Delaware limited liability company ("LQR Golf"), as "Buyer", entered into that certain Property
Acquisition and Joint Escrow Instructions ("Property Acquisition Agreement") whereby
449
2
Developer agreed to sell to LQR Golf certain property described as Lot 97 and Lot T of Final
Tract Map No. 36537-1 (the "Subject Property").
D. As a condition to the consummation of the sale of the Subject Property by
Developer to LQR Golf pursuant to the Property Acquisition Agreement, LQR Golf has
requested that the Development Agreement be amended so as to exclude the Subject Property
from the terms and conditions of the Development Agreement.
E. City and Developer now wish to amend the Development Agreement so as to
exclude from Exhibit "A" to the Development Agreement the Subject Property.
F. The La Quinta Planning Commission and the La Quinta City Council have
determined that this Amendment No. 1 is consistent with the City’s General Plan and the
Specific Plan, including the goals and objectives thereof.
G. All actions taken by City have been duly taken in accordance with all applicable
legal requirements, including the California Environmental Quality Act (Public Resources Code
Section 21000, et seq.) ("CEQA"), and all other requirements for notice, public hearings,
findings, votes and other procedural matters.
I. On , 201 the City Council adopted its Ordinance No.
approving this Amendment No. 1.
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 for valuable consideration the receipt and sufficiency of which is
hereby acknowledged, the parties hereto agree as follows:
1. The Development Agreement is hereby amended to remove and exclude from the
Legal Description of the Site, as set forth as Exhibit "A" to the Development Agreement, that
certain real property more particularly described as follows:
Lot 97 and Lot T of Tract 36537-1, as shown by Map on file in Book 442, Pages
55 through 63, inclusive, of Maps, Records of Riverside County, California
2. Except as otherwise expressly provided in this Amendment No. 1, all of the terms
and conditions of the Development Agreement shall remain in full force and effect.
3. In the event of any action between City and Developer seeking enforcement of
any of the terms and conditions to this Amendment No. 1, 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 attorney’s fees.
4. This Amendment No. 1 shall be construed according to its fair meaning and as if
prepared by both parties hereto.
5. This Amendment No. 1 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
450
3
law. 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 Amendment No. 1. Service of process on City shall be made in
accordance with California law. Service of process on Developer shall be made in any manner
permitted by California law and shall be effective whether served inside or outside California.
6. Time is of the essence of this Amendment No. 1 and of each and every term and
provision hereof.
7. A waiver of a provision hereof, or modification of any provision herein contained,
shall be effective only if said waiver or modification is in writing, and signed by both City and
Developer. No waiver of any breach or default by any party hereto shall be considered to be a
waiver of any breach or default unless expressly provided herein or in the waiver.
8. 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.
9. This Amendment No. 1 may be executed in counterparts, each of which, when
this Amendment No. 1 has been signed by all the parties hereto, shall be deemed an original, and
such counterparts shall constitute one and the same instrument.
10. The person(s) executing this Amendment No. 1 on behalf of each of the parties
hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly
authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so
executing this Amendment No. 1 such party is formally bound to the provisions of this
Amendment No. 1, and (iv) the entering into this Amendment No. 1 does not violate any
provision of any other agreement to which such party is bound.
[Balance of page intentionally left blank]
451
4
IN WITNESS WHEREOF, City and Developer each hereby represents that it has read
this Amendment No. 1, understands it, and hereby executes this Amendment No. 1 to be
effective as of the day and year first written above.
Date:____________________, 201
"DEVELOPER"
RREF II-CWC LAQ, LLC,
a California limited liability company
By: California West Construction, Inc.,
a California corporation
Its Authorized Agent
B y :
N a m e :
Title:
Date:____________________, 201
"CITY"
CITY OF LA QUINTA, a California municipal
corporation and charter city organized and
existing under the Constitution of the State of
California
By:
City Manager
ATTEST:
Susan Maysels, City Clerk
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
B y :
William H. Ihrke, City Attorney
452
5
A notary public or other officer completing this
certificate verified only the identity of the
individual who signed the document to which
this certificate is attached, and not the
truthfulness, accuracy, or validity of that
document.
STATE OF CALIFORNIA )
) s s .
COUNTY OF )
On , 2015, before me,
, Notary Public, personally appeared
, who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they/executed the
same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
N o t a r y P u b l i c
453
6
A notary public or other officer completing this
certificate verified only the identity of the
individual who signed the document to which
this certificate is attached, and not the
truthfulness, accuracy, or validity of that
document.
STATE OF CALIFORNIA )
) s s .
COUNTY OF )
On , 2015, before me,
, Notary Public, personally appeared
, who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they/executed the
same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
N o t a r y P u b l i c
454
Page 1 of 2
Project Information:
Signature Approval
CASE NUMBER: DEVELOPMENT AGREEMENT 2015-0001
(AMENDMENT 1 TO DA 2006-011)
PREVIOUS APPROVALS: SITE DEVELOPMENT PERMIT 2013-924
TENTATIVE TRACT 36537
APPLICANT: WAYNE REMBOLD, REMBOLD COMPANIES
PROPERTY OWNER: POINTE LARSEN, LLC
ARCHITECT: BASSENIAN/LAGONI ARCHITECTURE
LANDSCAPE
ARCHITECT: RGA LANDSCAPE ARCHITECTS, INC.
ENGINEER: MDS CONSULTING
REQUEST: REVIEW OF ARCHITECTURAL AND LANDSCAPING PLANS FOR
THE SIGNATURE AT PGA WEST, A 230-UNIT RESIDENTIAL
COMPLEX OF SINGLE-FAMILY DETACHED AND ATTACHED
UNITS
LOCATION: IN THE PGA WEST DEVELOPMENT, ALONG THE NORTH AND
EAST SIDE OF PGA BOULEVARD, WEST OF THE STADIUM
CLUBHOUSE ON THE FORMER PGA WEST RESORT CORE SITE
GENERAL PLAN
DESIGNATION: TOURIST COMMERCIAL
ZONING
DESIGNATION: TOURIST COMMERCIAL (RSP)
SURROUNDING
ZONING/LAND USES:
NORTH: GOLF COURSE AND RESIDENTIAL USES
SOUTH: GOLF COURSE AND RESIDENTIAL USES
EAST: GOLF COURSE CLUBHOUSE AND RESIDENTIAL USES
WEST: GOLF COURSE CLUBHOUSE, TENNIS FACILITY AND
RESIDENTIAL USES
INFORMATION: SITE WAS ORIGINALLY APPROVED FOR THE EDEN ROCK
PROJECT, 264 TOTAL DWELLING UNITS. APPROVED APRIL
ATTACHMENT 1
455
Page 2 of 2
15, 2008 (THE EDEN ROCK APPROVAL WAS VOIDED WHEN
THE SIGNATURE APPROVAL WAS GRANTED)
THE PROPOSED UNIT TYPE AND COMMON BUILDING CHARACTERISTICS ARE PRESENTED
BELOW.
ESTATE LOTS PRODUCT:
TWO FLOOR PLANS PROPOSED (EACH WITH ONE OR TWO STORY OPTIONS)
ONE AND TWO STORY; 17’ 2” TO 25’ 3”
NINE COLOR/MATERIAL SCHEMES
UNIT SIZES RANGE FROM 2,553 TO 3,343 S.F., DEPENDING ON LAYOUT OPTIONS.
3BR/3BA WITH 4BR/4BA OR CASITA OPTIONS.
TWO CAR GARAGES AND GOLF CART GARAGE IN ALL UNITS
HACIENDA LOTS PRODUCT:
TWO FLOOR PLANS PROPOSED (EACH WITH ONE OR TWO STORY OPTIONS)
ONE AND TWO STORY; 17’ 6” TO 25’ 6”
NINE COLOR/MATERIAL SCHEMES
UNIT SIZES RANGE FROM 1,916 TO 2,447, DEPENDING ON LAYOUT OPTIONS.
1BR/1.5BA W/CASITA AND 2BR/3BA WITH A 1BR/BA OPTION.
TWO CAR GARAGES AND GOLF CART GARAGE OR SPACE IN ALL UNITS
VILLAS PRODUCT:
FOUR FLOOR PLANS PROPOSED IN DUPLEX, TRIPLEX AND FOURPLEX
CONFIGURATION (ONE SINGLE-STORY PLAN IN TRIPLEX)
TWO STORY; 26’ 4” TO 27’ 6”
FOUR COLOR/MATERIAL SCHEMES
UNIT SIZES RANGE FROM 1,458 TO 2,261, DEPENDING ON LAYOUT OPTIONS.
FROM 1BR/2BA TO 4BR/4.5BA DEPENDING ON OPTION.
TWO CAR GARAGES FOR ALL UNITS; 61 GUEST PARKING STALLS
COMMUNITY BUILDING:
4,086 S.F., TWO STORY STRUCTURE
40’ 9” TO HIGHEST ROOF PEAK (REVISED TO 28’ 6”)
INCLUDES UPSTAIRS OFFICES, 625 S.F. GYM ROOM, LOCKERS AND OUTDOOR
LOUNGE AREA.
ENTRY GATEHOUSE:
APPROXIMATELY 300 S.F., ONE STORY STRUCTURE
27‘ 1” TO HIGHEST ROOF PEAK
PEDESTRIAN PORTAL:
APPROXIMATELY 130 S.F., ONE STORY STRUCTURE
20’ TO HIGHEST ROOF PEAK
456
54TH AVE
M
A
D
I
S
O
N
S
T
AIRPORT BLVD
AVENUE 58
P
G
A
B
L
V
D
54TH AVE
The Signature at PGA West Vicinity Map
September 18, 2013
City of La Quinta
Community Development Department
Planning Division
ATTACHMENT 2
457
458
ATTACHMENT 3
DA 2015-0001 – SIGNATURE AT PGA WEST
PROPOSED AMENDMENT 1 TO DA 2006-011:
REMOVAL OF LOTS 97 AND T, TR 36537-1, FROM TERMS OF DEVELOPMENT AGREEMENT
459
460
City of La Quinta
CITY COUNCIL MEETING
DEPARTMENT REPORT
TO: Madame Mayor and Members of the City Council
FROM: Gilbert Villalpando, Management Assistant
DATE: January 19, 2016
SUBJECT: CANNABIS AD-HOC COMMITTEE UPDATE
On December 15, 2015, the City Council created an Ad-hoc Committee
(Committee) comprised of Mayor Pro Tem Peña and Councilmember Franklin to
evaluate the City’s ordinance on cannabis activities, deliveries, and related uses.
The Committee is scheduled to meet on Thursday, January 28, 2016, at 9:00
a.m., at City Hall. Staff has invited participants who have expressed interest to
participate in this discussion and review.
The Committee will review Ordinance No. 532, which was introduced at first
reading on December 15, 2015, 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. The Committee will also
review other local agency ordinances, review the issues Council Members
outlined at the December 15th meeting, and will provide recommendations to
Council.
DEPARTMENT REPORT ITEM NO.
461
462
City of La Quinta
CITY COUNCIL MEETING
DEPARTMENT REPORT
TO: Madame Mayor and Members of the City Council
FROM: Ted Shove, Business Analyst
DATE: January 19, 2016
SUBJECT: UPDATE ON ENERGY AUDIT – CALIFORNIA ENERGY COMMISSION
On December 3, 2015, the City received the final energy audit report for the
Civic Center Campus, which encompasses City Hall, the Library, and the
Wellness Center. It was prepared by Digital Energy, Inc. (Digital Energy) and it
covers the period of March through September, 2015. The California Energy
Commission procured Digital Energy to perform the audit through a grant of in-
kind services approved by City Council in January 2015.
The audit intended to explain the economics of installing a photovoltaic (PV) or
solar system to offset 100 percent of the electrical energy charges, also known
as “Zero Net Energy.” Since its release, Imperial Irrigation District (IID) has
adopted rate increases for electrical energy usage of 7.4 percent. While this
increase is fairly significant, IID’s rates are low in comparison to other electrical
purveyors and it played an overall small impact on the fiscal projections. The
following chart illustrates each facility’s estimated PV system cost, electrical
use, rate (effective January 1, 2016), and simple payback in years.
Site Estimated Installed
PV Cost
kWh
Production/year
Cost -
$0.12/kWh
Simple
Payback
(years)
City Hall $ 2,101,680 538,212 $ 64,585 32.5
Public Library $ 931,770 177,365 $ 21,284 43.8
Wellness Center $ 642,600 122,321 $ 14,679 43.8
Total $ 3,676,050 837,898 $ 100,548 40.0
The estimated costs include electrical draw from the lake pump and assumes
preexisting conduit and structural support are sufficient. To obtain Zero Net
Energy for the City Hall facility, the addition of another carport structure was
recommended and factored into the cost. For both, the Wellness Center and
the Library, reinforcement or replacement of existing carports as well as
additional structures would be required to accommodate a Zero Net Energy PV
system.
DEPARTMENT REPORT ITEM NO.
463
Examples of reducing the simple payback could include: increased system
efficiency, reduced energy consumption, or rate increases. It is anticipated that
technological advances to PV systems will result in higher efficiencies to energy
production within the next few years.
Digital Energy also audited various electrical and natural gas systems
throughout the Civic Center Campus. The report contains eleven energy
conservation recommendations that factor potential incentives with a range of
1.7 to 93.1 years in simple payback.
The California Energy Commission offers one percent interest loans to
municipal governments for energy efficiency upgrades including the
construction of PV systems for public facilities. The program terms include a
maximum 20 year term and the simple payback cannot exceed 17 years.
The recommendations contained in the audit will be closely evaluated by staff
and prioritized accordingly in upcoming budget discussions and facilities
improvements. Photovoltaic systems are not economically feasible at this time,
as the energy audit indicates. However, staff will pursue other energy
conservation recommendations with short payback periods that include
implementation of: local occupancy sensors for spaces not continuously
occupied; wireless thermostats for remote temperature control; and upgrades
to the existing electronic monitoring system for facility temperature controls.
Attachment: 1. Correspondence from California Energy Commission
464
STATE OF CALIFORNIA – NATURAL RESOURCES AGENCY EDMUND G. BROWN JR., Governor
December 3, 2015
Mr. Ted Shove City of La Quinta, Business Analyst
Mr. Steve Howlett City of La Quinta, Project Manager
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Dear Mr. Shove and Mr. Howlett:
Thank you for participating in the Energy Partnership Program. The energy audit report
analyzing energy efficiency opportunities at the City of La Quinta is complete. I
encourage downloading the PDF file from this FTP site at your earliest convenience.
The final report can be viewed from the following link:
http://www.visualcx.com/cec/files/wa36/WA36-8-20151125041156.pdf
The report identifies several measures that can reduce the City’s overall energy use and
cost. These measures would require an investment resulting in a net simple payback of
6.8 years. Included are measures which address specific cost effective opportunities
such as installing occupancy sensor based zone temperature resets for unoccupied
areas, retro-commissioning of building HVAC systems with improved control
sequences, installing wireless network thermostats for improved control of rooftop
packaged units, converting constant flow air handlers to variable flow air handlers, and
upgrading the older vintage energy management system in the Library building.
In addition, the City has a strong interest in achieving Zero Net Energy use in electricity,
this study also presents consideration of a PV system at an installed capacity of 518 kW
(STC DC) to produce as much electricity as the City would need after implementation of
the above measures and potential implementation of some of the desirable long term
capital renewal items
It has been a pleasure working with you and the City of La Quinta. Please contact me if
you would like to discuss the report recommendations or have questions regarding
project funding. The projects identified in this report are eligible for funding should the
city be interested in the Energy Commission’s low interest rate ECAA loan program.
Please let me know if there is other assistance I may provide to facilitate project
implementation.
S i n c e r e l y ,
N e l s o n P e ñ a
Associate Mechanical Engineer
CALIFORNIA ENERGY COMMISSION
1516 NINTH STREET
SACRAMENTO, CA 95814-5512
www.energy.ca.gov
ATTACHMENT 1
465
466
CA
L
E
N
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A
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C
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T
Y
O
F
L
A
Q
U
I
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T
A
467
468
469
470
471
472
473
474
Participation Participation Variance Meetings Meetings
Fitness Center 2015 2014 2015 2014
475
476
City of La Quinta
CITY COUNCIL MEETING
DEPARTMENT REPORT
TO: Madame Mayor and Members of the City Council
FROM: Tustin K. Larson, Marketing and Events Supervisor
Edie Hylton, Deputy City Manager
DATE: January 19, 2015
SUBJECT: QUARTERLY MARKETING REPORT
Per the City’s contract with JNS Media Specialists (JNS) and Graphtek Interactive
(GI), the second Quarterly Marketing Report for Fiscal Year 2015/16 is as follows:
JNS - Traditional Marketing (Print/Television/Radio)
Print Ads
The “LOCALE Magazine’s” Guide to La Quinta was created highlighting the hot
spots in La Quinta and select Coachella Valley locations. The guide featured places
to stay, dine, shop, things to do, things to see, best pools, best drinks, things for
families, places to hike, etc. The Guide is featured as an insert in LOCALE’s
November, December, and January issues in the Los Angeles, Orange County, and
San Diego magazines totaling over 240,000 distributed copies. Additional guides
have been distributed around the regional drive market and local hotels and visitor
centers. The guide has been very well received and the La Quinta edition has
inspired the Greater Palm Springs CVB to release one of their own in February.
(Attachment 1)
Health and Wellness promotions continued with ads in Desert Health News
September – December. The publication is produced bi-monthly, thus, the
September/October issue promoted hiking (Attachment 2), while the
November/December issue promoted the Wellness Center.
Ads were placed in CV Weekly from October through December (Attachment 3);
the October ad continued with the hiking trail theme, and the November and
December ads promoted the Wellness Center with the new photography.
Television
New television commercials have been shot with the new “Point of View” look and
are in the editing phase. The existing Millennial, Amenities, and Outdoor spots are
in rotation in the local and regional markets.
DEPARTMENT REPORT ITEM NO.
477
Radio
Monthly live mentions by radio disc jockeys “mention” events and happenings in
La Quinta from major events such as the CareerBuilder Challenge, smaller events
like Veteran’s Day, and Block parties in Old Town La Quinta, and programs
promoting the Wellness Center as a place to work-out in an air conditioned
atmosphere (during the warmer months).
GI - Digital Marketing (Web/Social Media)
PlayInLaQuinta.com Website Updates
The updated event calendar was launched in the second quarter. The updates
include a new layout, filters by event type, location, and price. Additionally, an
updated event submission form was configured for promoters to add events to the
calendar with final approvals coming from City staff (Attachment 4).
In November, a Project Action Team (PAT) was formed to evaluate the Short-Term
Vacation Rental program. The PAT has been working to revamp the entire process
of registering a short-term vacation rental. The new rental directory is a
component of the overall program and will roll out once the updated registration
process has been finalized. The new directory includes filtering by location, rental
period, rental type, amount of bedrooms, price, and amenities. Licensed
homeowners will be able to add their rental information and a photo. Listings are
linked to the homeowner’s respective booking agents, such as AirBnB and VRBO,
where the user can complete their rental booking.
Social Media
The Facebook and Twitter pages continue to see steady increases. Facebook
“Likes” increased from 45,000 to 47,500. Second quarter events showed an
increase in user engagement when promoted on Facebook. Twitter saw a 22
percent increase of tweet “impressions” from 46,000 to 60,000 in the second
quarter. Instagram continues to improve and grow with over 500 followers.
Press Releases
Press releases were created and distributed to local news agencies for the
following events:
• Amended City Hall Hours – All Hands Meeting
• Christopher Douglas Memorial Fire Station
• Veterans Day Tribute
• Great Shakeout Exercise
478
ATTACHMENT 1
479
ATTACHMENT 2
480
ATTACHMENT 3
481
ATTACHMENT 4
482
COMMUNITY DEVELOPMENT DEPARTMENT
Building Code Compliance/Animal Control Housing Planning
CUSTOMER CENTER
The Community Development Department represents one of six City departments. The hub
of the department is the Customer Center. The Customer Center provides all development
related services in one location including building permits, building inspections, housing
services, plan checking, planning permits, and other general permit services. The
Community Development Department consists of the Planning, Housing, Building, Animal
Control, and Code Compliance Services.
490
Total Customers Served
813
Phone Calls Received
191
Total Applied Permits
55
Total eTRAKiT Permits
562
Total Issued Permits
and Licenses
19
Projects Applied For
8
Projects Approved
The Customer Center serves as a one-stop shop for La Quinta residents. It is the central location for
obtaining permits for planning, building, engineering, garage sales, and special events. The
Customer Center assists customers through the permitting process from initial questions and pre-
application meetings through inspections and final certificate of occupancy.
DECEMBER 2015 MDECEMBER 2015 M ETRICSETRICS
CCOMMUNITYOMMUNITY DDEVELOPMENTEVELOPMENT DDEPARTMENTEPARTMENT
DECEMBER 2015 REPORT DECEMBER 2015 REPORT
483
COMMUNITY DEVELOPMENT DEPARTMENT
Building Code Compliance/Animal Control Housing Planning
P L A N N I N G
B U I L D I N G
The Building Division administers all building permit applications and plans for
compliance with requirements established in the entitlement process, La Quinta
Municipal Code, and all currently applicable California Building Standards Codes.
The Planning Division works with residential and commercial property/business owners
and developers to ensure development in the City is constructed consistent with the
City’s goals and policies.
Administrative Permits
Includes sign applications, temporary
use permits, minor use permits, final
landscaping plans, etc.
Entitlement Permits
Includes site development permits,
conditional use permits, subdivision
maps, etc.
Building Permits Submitted
Year 2015 2014
December 107 158
December
eTRAKiT
19 0
Year To Date 2,338 2,027
Building Permits Issued
Year 2015 2014
December 107 158
December
eTRAKiT
19 0
Year To Date 2,193 1,857
Building Inspections
Year 2015 2014
December 773 657
Year To Date
10,473* 5,979
*Inspection totals from 2015
reflect total amount of individual
inspections performed versus
2014 totals, which indicate the
amount of inspection sites visited.
Submitted Applications
Year 2015 2014
December 8 7
Year To Date 88 177
Submitted Applications
Year 2015 2014
December 3 2
Year To Date 181 24
484
COMMUNITY DEVELOPMENT DEPARTMENT
Building Code Compliance/Animal Control Housing Planning
Code Compliance
The Code Compliance Division addresses numerous issues including abandoned vehicles,
property maintenance, health & safety, building code compliance, zoning, substandard
housing, and other topics that can have an adverse impact on residential and commercial
neighborhoods in the City.
A N I M A L C O N T R O L /
C
O D E C O M P L I A N C E
Animal Control
The Animal Control Division provides field services responding to reports of stray, lost/found,
and injured animals in distress and transports them for medical treatment and shelter when
needed, seven days a week.
407 Active Cases 11 Completed Code Inspections (Includes Home Occupation and Pool Draining Inspections)
CODE COMPLIANCE ACTIVITY
212 Active Cases
0 Dog Bite Incidents
ANIMAL CONTROL ACTIVITY
Open Cases
Year 2015 2014
December 55 91
Year To Date 1,137 1,057
Closed Cases
Year 2015 2014
December 59 94
Year To Date 1,098 1,037
Open Cases
Year 2015 2014
December 47 137
Year To Date 1,150 2,063
Closed Cases
Year 2015 2014
December 78 133
Year To Date 1,211 1,961
485
486
City of La Quinta
CITY COUNCIL MEETING
DEPARTMENT REPORT
TO: Madame Mayor and Members of the City Council
FROM: Gabriel Perez, Planning Manager
DATE: January 19, 2016
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. The applicant amended the TUP application on December 3, 2015 to add
twelve new event dates (April 15-17, 22-24, 29 and May 1, 2016) advertised as the
Celebrity After Party Series.
On December 16, 2015, City staff and agency representatives (Police, Fire, Alcohol
Beverage Control, Public Works, Planning Division, Building Division, and
Community Services) met with Saxony Group representatives at the Saxony
Convention Center to discuss the event TUP requirements. A staff comment letter
was provided to the Saxony Group on December 18 that identifies required
revisions to the submitted event plans prior to issuance of the TUP (Attachment 2).
Attachment 3 identifies the applicant email response to the staff comment letter.
At the December 15, 2015 City Council meeting, staff reported the building permit
deadline of January 15, 2016 as an important milestone as identified on the TUP
timeline (Attachment 1). The Building Division completed the first review of the
Saxony Convention Center tenant improvement plans on December 6, 2015, and
provided a list of corrections to the applicant. The applicant resubmitted building
plans on January 7, 2016 and the Building Division and Fire Department issued
additional corrections on January 12, 2016. The applicant made a second
resubmittal of building plan on January 13, 2016 and is currently under review.
The applicant proposed installation of acoustical board with the building plans as
noise reduction measures for the building. The applicant removed the noise
reduction improvements from the January 13, 2016 resubmittal of building plans
at the advice of the applicant’s acoustical specialist that such improvements are
unnecessary.
Attachment: 1. Coachella Valley Wind Up approval requirements and
timeframe
2. Comment Letter to Applicant regarding Temporary Use Permit
Submittal
3. Applicant Email Response to Comment Letter
DEPARTMENT REPORT ITEM NO. _
487
488
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
$7525,00
0 deposit
to the
City of La
Quinta
April
1-7
Final Bldg
Inspections ,
Certificate
of
Occupancy,
Issuance of
TUP
April
14-17,
21-24,
28-
May1
CV
Wind
Up
2015 2016
*Fire Department
time frames to be
determined when
plans are submitted
to the Building
Division
Deadline
Satisfied New
dates
Proposed
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1
489
490
78-495 Calle Tampico | La Quinta | California 92253 | 760.777.7000 | www.La-Quinta.org
ATTACHMENT 2
491
2
492
3
493
4
494
5
495
6
496
7
497
8
498
9
499
10
500
11
501
12
502
file:///C|/Users/gperez/Desktop/Re TUP Comments- CV Wind Up.htm[1/13/2016 3:48:14 PM]
From: Martin Dolemo <martin@saxonyusa.com>
Sent: Sunday, January 03, 2016 9:51 AM
To: Gabriel Perez
Cc: Dustin Biagioni
Subject: Re: TUP Comments- CV Wind Up
Attachments: 12-18-15 TUP 15-0030 Planning Comments.pdf
Dear Mr Perez
Below are our comments responding to your letter:
1.Agreed
2.Agreed
3 .Site map submitted – other items will be completed.
4 .Floor Plan to be submitted before the event – approved by ABC, fire department and made available for your records
5 .ABC approval will be provided to you
6 .Paramedic Contract already provided – I will obtain the Police and Fire Contracts
7 .Will complete in conjunction with police department
8.Agreed
9.Will do
10 .Agreed
11 .Will do
12 .Will do
13 .Will do once we know our requirements
14 .Will do
15 .Understood
16 .Will Do
17 .Agreed
18 .Agreed
19 .OK
20 .Agreed
21 .Make sure that if noise is created by cars traveling on the streets that do not pertain to our events are not blamed on us
– For the Cities consideration. Please note that there is a great deal of commercial and public activity that already
occurs in our designated commercial area that our building is located !!!
22 .OK
23 .Agreed
24 .Agreed
25 .Agreed
26 .OK
27 .Acknowledged
28 .Understood
29 .Agreed
30 .Agreed
31 .Agreed
32 .Make sure that it is from our event and not the vandals already causing daily damage in the neighborhood (Please view
past police reports)
33 .Agreed
ATTACHMENT 3
503
file:///C|/Users/gperez/Desktop/Re TUP Comments- CV Wind Up.htm[1/13/2016 3:48:14 PM]
34 . Please ensure that it is a failure on our behalf and not any other before canceling anything
We will continue working with you to ensure code compliance is met.
Thanks
Martin Dolemo
CEO
___________________
Saxony Group
Cell: 760-808-2282
Office: 760-568-1222
www.saxonygroup.com
From: Gabriel Perez <gperez@la-quinta.org >
Date: Friday, December 18, 2015 at 4:53 PM
To: Martin Dolemo <martin@saxonyusa.com >
Cc: Dustin Biagioni <dustin@saxonyusa.com >
Subject: TUP Comments- CV Wind Up
Martin,
It was good to meet you on-site at the CV Wind Up event grounds on December 16. It is my hope that the meeting provided
you direct contact with responsible agencies you will need to communicate with for your events and their requirements. I
attached the comments based on City staff’s review of the plans you submitted for the Temporary Use Permit. I am happy to
discuss any questions you have about the comments at your convenience.
Gabriel
Gabriel Perez | Planning Manager
City of La Quinta
78495 Calle Tampico La Quinta, CA 92253
Ph. 760-777-7062
Website | Map
gperez@la-quinta.org
504
City of La Quinta
CITY COUNCIL MEETING
DEPARTMENT REPORT
TO: Madame Mayor and Members of the City Council
FROM: Timothy R. Jonasson, P.E., Public Works Director/City Engineer
DATE: January 19, 2016
SUBJECT: PUBLIC WORKS DEPARTMENT REPORT – DECEMBER 2015
1. For the month of December, the total for all maintenance expenditures
recorded in GORequest was $78,657 with street sweeping, debris/litter
removal/right-of-way maintenance, irrigation/weeds/shrub/tree trimming, and
storm drain repair and maintenance being among the highest tasks in terms of
cost. Public Works maintenance workers recorded 1,282 task hours associated
with this work. A detailed breakdown of tasks and associated costs is
presented in the attached pie chart (Attachment 1).
2. Residents continue to submit customer satisfaction surveys through the
GORequest system. The Public Works Department received eight surveys in the
month of December, with residents commenting on how staff handled reported
issues. Employees were rated on their courtesy, response time, and
effectiveness. A summary of responses is provided below and detailed surveys
are provided as Attachment 2:
100 percent of respondents rated Employee Courtesy as “Superior”
100 percent of respondents rated Response Times as “Superior” or
“Good”
100 percent of respondents rated Employee Effectiveness as “Superior”
or “Good”
88 percent of respondents indicated “Exceeded” or “Met” under
Expectations Met
Surveys also include positive feedback from residents such as: “Very prompt
attention to this issue. Great work!” And, “Convenient online access and quick
response. Thank you.”
3. On December 15, 2015, Council directed staff to outline the timeline and
locations for the north La Quinta landscaping projects, and include the
information as part of this department report. Staff is evaluating strategies and
options for these turf conversion projects and anticipates presenting a Study
Session item to Council on February 2, 2016.
DEPARTMENT REPORT ITEM NO.
505
4. The City submitted its National Pollutant Discharge Elimination System (NPDES)
Annual Report to Riverside County to be included in the January 2016 Regional
Water Quality Control Board report. The report catalogs the inspection of
construction and private development projects as well as industrial and
commercial sites within the City that fall under the Regional Board’s
jurisdiction. It also lists any illicit discharges during the past year and
documents staff training in water quality.
5. The following projects are scheduled to be accepted by the Council on January
19, 2016:
Monroe Street Pavement Rehabilitation
Jefferson Street at Avenue 52 Roundabout Striping and Signing
Improvements
6. Work is complete, or substantially complete, on the following projects and they
are tentatively scheduled to be accepted by the Council in February 2016:
Washington Street Pavement Rehabilitation Improvements
La Quinta Library Parking Lot and Landscape Improvements
7. A pre-construction meeting for the Miscellaneous Americans with Disabilities
Act Parks Improvements project was held on January 13, 2016, with work
anticipated to begin on January 19, 2016.
8. Bids are due this month for the following projects:
January 19, 2016 – Fritz Burns Park Parkway and Avenida Bermudas
Medians Turf Conversion Improvements
January 21, 2016 – Jefferson Roundabout Art Piece Pedestal
January 27, 2016 – Civic Center Campus and Fire Station 70 Turf
Conversion Improvements
9. Construction of the In-N-Out Burger and Aldi Food Market projects is about 90
percent and 75 percent complete, respectively.
10. Grading operations have begun on the Watermark Villas project located at
Avenue 52 and Jefferson Street across from SilverRock Resort.
11. On-site construction continues at various private development projects
including Andalusia, Griffin Ranch, Monterra, Signature, and Darby Estates.
Attachments: 1. Maintenance Expenditures by Task for December 2015
2. Customer Satisfaction Survey Details for December 2015
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510
LA QUINTA CITY FIRE DEPARTMENT
COACHELLA CITY
FIRE DEPARTMENT
MID YEAR ROPORT JULY 2006
QUARTERLY REPORT October-December 2014
LA QUINTA CITY
FIRE DEPARTMENT
2015 4th Quarter Report
511
LA QUINTA CITY FIRE DEPARTMENT
I N S I D E T H I S I S S U E
1.
2.
Personnel Assignments
Response Reports
3.
4.
5.
6.
7.
Truck Report
Significant Events
Administration Reports
Training and Community Activity
Explorer Post
512
LA QUINTA CITY FIRE DEPARTMENT
ADMINISTRATION
44-555 ADAMS STREET
LA QUINTA, CA 92253
(760) 345-6932
1. Battalion Chief – Alex Gregg
STATION 93 (NORTH LA QUINTA)
44-555 ADAMS STREET
LA QUINTA, CA 92253
(760) 564-4351
Engine Company 93
1. Fire Captain – Eric Cisney
2. Fire Apparatus Engineer – Matthew McDonald
3. Fire Apparatus Engineer – Dustin Reed
4. Firefighter II/Paramedic – Mark Birchard
5. Firefighter II/Paramedic – Brian Steiger
6. Firefighter II/Paramedic – Carlos Munoz
7. Firefighter II – Noe Lerma
8. Firefighter II – Michael Prall
STATION 32 (LA QUINTA)
78-111 AVENUE 52
LA QUINTA, CA 92253
(760) 564-4351
Engine Company 32
1. Fire Captain – Anthony Khatami
2. Fire Apparatus Engineer – Jason Lewandowski
3. Fire Apparatus Engineer/Paramedic – Nicholas Groff
4. Firefighter II/Paramedic – John Barton
5. Firefighter II/Paramedic – Albert Causey
6. Firefighter II/Paramedic –
7. Firefighter II – Seth Shively
8. Firefighter II – Sean Tauscher
513
LA QUINTA CITY FIRE DEPARTMENT
STATION 70 (PGA WEST)
54001 MADISON STREET
LA QUINTA, CA 92253
(760) 564-2122
Engine Company 70
1. Fire Captain – Gil Barrier
2. Fire Apparatus Engineer – Lawrence Johnson
3. Fire Apparatus Engineer/Paramedic – Tim Day
4. Firefighter II/Paramedic – Brandon Avner
5. Firefighter II/Paramedic – John Godwin
6. Firefighter II/Paramedic – Corbin Reinhart
7. Firefighter II – Frank Nguyen
8. Firefighter II – Steven Stock
TRUCK 86
46-990 JACKSON ST.
INDIO, CA 92201
(760) 347-0726
Truck Company 86
1. Fire Captain – Brent Norwine
2. Fire Captain – Dave Hudson
3. Fire Captain – Darrel Anderson
4. Fire Apparatus Engineer – Brent Wright
5. Fire Apparatus Engineer – Greg Roberts
6. Fire Apparatus Engineer – Noah Dimuccio
7. Firefighter II – Chris Meneses
8. Firefighter II – Travis Ames
9. Firefighter II – Matt Adams
10. Firefighter II-P – Mark Margolin
11. Firefighter II-P – Sean McChesney
12. Firefighter II-P – Kyle Wilmore
F OURTH Q UARTER R ESPONSE R EPORT
514
LA QUINTA CITY FIRE DEPARTMENT
O CTOBER -D ECEMBER 2015
Response Activity
Incidents Reported for Date between 10/1/2015 and 12/31/2015 and La Quinta City Com Fire 1 False Alarm 116 Haz Mat 7 Medical 699 Multi-Fam Dwelling Fire 2 Other Fire 6 Other Misc 1 Public Service Assist 93 Res Fire 7 Rescue 1 Standby 14 Traffic Collision 60 Vehicle Fire 2 Incident Total: 1,009
TRUCK REPORT
Truck 86 recorded 28 responses into the City of La Quinta during the fourth quarter.
515
LA QUINTA CITY FIRE DEPARTMENT
SIGNIFICANT EVENTS
All City fire stations participated in the annual Spark of Love toy drive. Collecting toys for those
less fortunate and working with the school district to distribute the donations. City firefighters also
participated in the annual Shop with a Firefighter at the local Walmart. Again this is a program to
benefit children from less fortunate families. Each child had the opportunity to purchase $100.00
in toys and $100.00 in clothing. The program is sponsored by Cal Fire Local 2881 employees
union.
On 12/27/15 at 3:57 PM Cal Fire/Riverside County Firefighters were alerted to a residential
structure fire at the address given. Upon arrival found a fire well established in the
dwelling, threatening adjoining houses on three sides; all occupants were out of the house. An
aggressive and coordinated fire attack was initiated and the fire was knocked down within 15
minutes of arrival. One exposure house sustained heat damage to a rain gutter. It appears there
was a failure of an electrical device that caused the fire. The fire damaged the master bedroom,
kitchen and Livingroom area of the house.
Administrative Reports
Ronald Griesinger, Fire Safety Specialist
Action:
During the fourth quarter of 2015 a total of 102 Fire Life Safety inspections were conducted
along with over 150 construction inspections. 28 existing business re-inspections were conducted.
It was noted a majority of business were found to be incompliance with current Fire Life
Safety/construction requirements. Of the noncompliant occupancies 3 automatic fire sprinkler
systems were found to be in need of 5 year re certifications, 2 alarm and monitoring systems were
found in need of maintenance or repair, 2 commercial cooking, fire extinguishing systems were
found in need of cleaning and re certification.
Building/Planning:
Weekly project review meetings were held with discussion focused on special development
permits, tentative track maps, temporary use permits, special events permits and current projects
up dates. Development of a new in and out burger along with Aldies Market is progressing. A new
84 home subdivision at Avenue 54 and Jefferson has started demolition. Opening of New Cinna-
Max Movie Theater. Planning and construction reviews were conducted for a proposed conversion
of Sam’s Club to a new convention Center. Review for proposed CV-Windup event.
516
LA QUINTA CITY FIRE DEPARTMENT
Accomplishments:
• All 3 Automatic fire sprinkler systems were inspected and re certified
• 2 Alarm and monitoring systems were inspected and or repaired, currently functioning as
designed
• 2 Commercial hood, duct and fire extinguishing systems were cleaned serviced and tagged
as required
• Opening of Cinna-Max Movie Theaters
• Completion of all code enforcement follow up inspections (104 Year to Date)
• Completion of 814 (Year to Date) existing commercial occupancies inspection
• Completion of over 662 (Year to Date) construction inspections
Goals:
Continue participation with weekly project review team. Aggressively conduct annual fire
life safety inspections. Provide a high standard of customer service while seeking compliance with
codes and standards.
Conclusion:
Although a small number of occupancies were inspected most appear to be operating
within a reasonable degree of safety. As for business found to have violations, in part most had no
issues making the necessary repairs to gain compliance. Please see the attachment for specific
location, occupancy class and inspection outcome.
Ron Griesinger
Fire Safety Specialist
TRAINING & COMMUNITY ACTIVITIES
The La Quinta firefighters participated in training for the quarter. The training topics were Flood
incidents, Hose Deployment and Hydraulics, Hazmat and Structure Fire Behavior during in service
training and at the Roy Wilson Training Center.
517
LA QUINTA CITY FIRE DEPARTMENT
EXPLORER ACTIVITY REPORT
LA QUINTA CITY
October-December 2015
January 12, 2016
The La Quinta Fire Explorer Post has been busy for the last three months. We started with Fire
Prevention month in October. We had several of our explorers assist us with public relations
events with in the city. These included station tours and school visits.
In November & December the explorer post also conducted interviews for new explorer members
and has accepted 8 applicants to our post. Our new members have started their orientation and
will be starting the level 1 training check off sheet. This includes fire service orientation, fire
behavior, skills orientation and explorer policies and procedures.
Our post is looking forward to a safe and productive new year of training.
518
Prepared by: J. Herrera
October - December 2015
This quarterly police report was prepared
by the La Quinta Police for the Honorable
Mayor, City Council and the Citizens of La
Quinta. The report contains crime
statistics and average response times
along with La Quinta Special Teams
summaries of activity for the quarter.
Served by the Riverside County Sheriff’s Department
In This Issue
Assistant Chief’s Letter
Average Response Time &
Crime Statistics
Special Enforcement Team
Business District Unit
Crime Prevention Unit
Traffic Services
School Resource Officers
Community Service Officers
Volunteers
519
Honorable Mayor
Council Members
Citizens
The holiday season was a great time to live, work, and visit people in the city of
La Quinta. The annual Holiday Theft Suppression Program accomplished its
objectives of high visibility and rapid responses throughout the city.
The last quarter report for 2015 indicates theft and property related crimes have
continued a decline when compared with the same timeframe in 2014. Most
notably, a 25.5% decrease in residential burglaries and 9.2% decrease in thefts
of items and merchandise from our citizens and business owners. This trend can
be a source of encouragement to the wide variety of Neighborhood Watch and
Crime Free Multi-Housing Programs that gradually grow each month throughout our city. Continuing with property crime
trends, the rate of motor vehicle thefts diminished by 30.8%, but burglary of items from inside motor vehicles has been
worrisome as they increased over last quarter by 118.8%.
The last quarter of 2015 show several dips in violent crime that were committed against people in our city. Most notable
of these are a 57.1% decrease in robberies, a 13.3% decrease in domestic violence, and 4.2% reduction of assaults.
The women and men of La Quinta Police are extremely grateful for the support they receive from our community and with
the adoption of ordinance 531, cited as “Emergency Access to Gated Communities by Law Enforcement,” our officers will
be able to render critical aid and more rapid responses throughout the gated communities we proudly serve. There are
more than 136 gates protecting parts of our community, and the police officers found they routinely struggled to gain entry
beyond these gates during their response to citizen’s calls. Once notified of the problem our police officers faced, our Cit y
Council moved quickly and carefully to provide a long-lasting and economical solution that greatly helps our officers act
more efficiently to our citizen’s needs.
The La Quinta Police will be implementing three informative workshops during 2016, with a stated goal of helping and
assisting our gated communities implement the emergency access to gated communities by law enforcement.
Sincerely,
David Walton, Assistant Police Chief
City of La Quinta Police Department
Lt. David Walton
Message from the Assistant Chief
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521
Crime Statistics
CRIME– NOV 2015 2014
AGGRAVATED ASSAULTS 3 4
BURGLARY 12 20
BURGLARY-VEHICLE 14 2
DOMESTIC VIOLENCE 7 11
HOMICIDE 0 0
NARCOTICS VIOLATIONS 13 13
ROBBERY 1 1
ROBBERY CAR-JACKING 0 0
SEX CRIME FELONY 3 3
SEX CRIME MISD 1 1
SIMPLE ASSAULTS 7 7
THEFT 51 76
VEHICLE THEFT 3 3
CRIME– DEC 2015 2014
AGGRAVATED ASSAULTS 4 2
BURGLARY 11 16
BURGLARY-VEHICLE 14 6
DOMESTIC VIOLENCE 12 12
HOMICIDE 0 0
NARCOTICS VIOLATIONS 10 10
ROBBERY 2 2
ROBBERY CAR-JACKING 0 2
SEX CRIME FELONY 3 3
SEX CRIME MISD 0 0
SIMPLE ASSAULTS 9 9
THEFT 67 71
VEHICLE THEFT 3 2
OCT, NOV, DEC CTYD 2015 2014
AGGRAVATED ASSAULTS 11 11
BURGLARY 38 51
BURGLARY-VEHICLE 35 16
DOMESTIC VIOLENCE 26 30
HOMICIDE 0 1
NARCOTICS VIOLATIONS 48 45
ROBBERY 3 7
ROBBERY CAR-JACKING 0 2
SEX CRIME FELONY 6 9
SEX CRIME MISD 2 3
SIMPLE ASSAULTS 23 24
THEFT 187 206
VEHICLE THEFT 9 13
CRIME– OCT 2015 2014
AGGRAVATED ASSAULTS 4 5
BURGLARY 15 15
BURGLARY-VEHICLE 7 8
DOMESTIC VIOLENCE 7 7
HOMICIDE 0 1
NARCOTICS VIOLATIONS 25 22
ROBBERY 0 4
ROBBERY CAR-JACKING 0 0
SEX CRIME FELONY 0 3
SEX CRIME MISD 1 2
SIMPLE ASSAULTS 7 8
THEFT 69 59
VEHICLE THEFT 3 8
522
Corporal Reynoso, Officer Martinez, McAnallen, Koedyker, James and Sgt. Ramirez
Type of Activity Number of Incidents
Programs 1
Vehicle Stops 86
Pedestrian Checks 150
Citations 29
Search Warrants 13
Probation /Parole Search 22
Arrest Warrant Served 9
Arrest - Felony 15
Arrest - Misdemeanor 10
Property Value Recovered $5,500.00
Special Enforcement Team
Quarterly Statistics for October, November & December
523
Significant Activity for July-September 2014 Significant Activity for October, November & December 2015
On October 10, 2015, LQ SET and BDU Officers assisted in a Bermuda Dunes residential burglary investigation.
The victim had her purse stolen from her vehicle parked in her open garage. Using a tracking application, officers
responded to the 48100 block Estrella Tomas, Coachella. The suspect vehicle was parked in front of known gang
member and stolen property house. Officers contacted the occupants, detained the suspect and authored a search
warrant for the residence. The victim’s property was recovered, and the suspect was arrested and booked into jail
for burglary.
On October 22, 2015, LQ SET / BDU served a search warrant in the 45800 block of Sage St., Indio, related to a
residential burglary on 10-04-15. Officers identified the suspect from a latent print hit, and the suspect had also
pawned the victim’s stolen ring on 10 -20-15. This suspect was not home, but other evidence was recovered.
On November 11, 2015, LQ SET / BDU Officers conducted follow up investigation regarding several vehicle
burglaries, involving victims who purchased Apple computer products, and were followed. The suspect was stopped
in Palm Desert, identified in multiple vehicle burglaries, and admitted to vehicle burglaries in La Quinta, Palm
Desert, and several out of county. The suspect was booked at the jail.
On December 21, 2015, LQ SET Officers conducted a vehicle check at an apartment complex on Vista Coralina.
The suspect was arrested for possession of methamphetamine for sale, violation of probation, possession of stolen
property and drug paraphernalia. A female passenger was also arrested for an outstanding misdemeanor narcotics
warrant. Both suspects were booked at the jail.
524
Type of Activity Number of Incidents
Programs 1
Vehicle Stops/Pedestrian Checks 86/104
Investigative Follow-up 13
Citations 30
Search Warrants 1
Business Checks/Meetings 150
Arrest Warrant Served 6
Arrest - Felony 13
Arrest - Misdemeanor 9
Property Value Recovered $1600.00
Business District Unit
Quarterly Statistics for October, November & December
Officer Quezada & McTigue
525
Significant Activity for October, November & December 2015
Between the months of October and December, La Quinta BDU assisted the La Quinta Special Enforcement Team on
several search warrants related to the city of La Quinta investigations. La Quinta BDU also authored and served a
residential search warrant related to a vehicle burglary and fraud investigation. During the service of this search
warrant, BDU members arrested three suspects and recovered 10 firearms, a stolen vehicle, and numerous types of
illegal drugs.
Between the months of October and December, La Quinta BDU, in collaboration with California Alcohol Beverage
Control, conducted three Impact Inspections. Under the Impact Inspection program, uniformed deputies, along with
ABC Agents, enter liquor stores throughout the valley and inspect them for any ABC violations.
In the month of November, BDU members assisted Palm Desert Station’s Burglary Suppression Unit (BSU) in the
apprehension of a suspect who had been stealing Apple IPads throughout the Coachella Valley. BDU members
interviewed the suspect and obtained a full confession to over ten separate burglaries. The suspect was then booked at
Indio Jail on numerous counts of Burglary.
In the months of November and December, BDU members implemented a La Quinta Holiday Theft Suppression / Bike
Patrol Program. During the program, BDU members, along with the assistance of the La Quinta Special Enforcement
Team, (SET), provided enhanced patrol measures in the business areas of La Quinta. The focus of the program was to
utilize bicycles to conduct high visibility patrol within the business areas, deter holiday season theft and suppress
criminal behavior. During this program, BDU and SET Team members made numerous on -view arrests for drug and
theft related offenses.
In the month of December, BDU members investigated a report of graffiti that had occurred in several dumpster areas
within the Stater Bros shopping center. Within three days after the initial report, the two suspects were identified,
arrested for felony vandalism, and booked at Indio Jail.
The above mentioned incidents are just a sample of the quarterly activity conducted by the La Quinta Business District
Unit. Officers from BDU have conducted several investigations related to the La Quinta Highway 111 Business Corridor
which have resulted in numerous arrests for thefts and frauds. La Quinta BDU will continue their pro -active and
community oriented policing efforts throughout the city which will result in increased awareness and education within the
business community in order to improve the quality of life for the business owners, shoppers, and residents of La Quinta.
526
Motor 455
La Quinta Traffic Team Officer Palmer, Corporal Olson, Officer Moore & Officer Scott
Traffic Services Team
Type of Activity Number of
Total Collisions 64
DUI Collisions 7
DUI Arrests 17
Seatbelt Citations 7
Total Hazard Citations 674
Total Injury Collisions 19
DUI Collisions with Injury 2
Citations Issued 950
Excessive Speed Citations 419
Total Non-Hazard
Citations
276
In October, Deputy Van Gorp successfully completed Motorcycle Enforcement training and is certified as a traffic collision recon-
structionist. Deputy Van Gorp has since been in the field enforcing traffic safety laws in the city of La Quinta.
In October, the Traffic Services Team conducted Halloween Enforcement patrols to ensure the kids Trick -or-Treating in La Quin-
ta enjoyed a safe experience.
In November, the Traffic Services Team conducted extra traffic enforcement and DUI saturation patrols during the Thanksgiving
weekend to keep city roadways safe for holiday travelers.
In December, the Traffic Services Team conducted a DUI / Driver License Checkpoint to educate citizens on the dangers of
drinking and driving as well as to deter those who would chose to drink and drive.
In December, the Traffic Services Team paired with local volunteers to deliver donated toys to
children of families facing difficult times, who needed a little extra help during the holidays.
527
Officer Candy Munoz
Type of Activity # of Incidents
Online Reports 0
Neighborhood Watch Meetings 1
Parking Citations 0
Community Events 11
Business Meetings 3
CPTED Reviews 4
Crime Prevention Specialist
In October CSO Munoz attended a Child Seat Safety Clinic.
In October CSO Munoz attended a Nextdoor.com Neighborhood Block BBQ.
In October CSO Munoz participated in Coffee with a Cop.
In October CSO Munoz participated in Tip A Cop at the Red Robin Restaurant.
In October CSO Munoz conducted a Crime Free Housing seminar.
In October CSO Munoz conducted a CPTED inspection at Avenida Diaz and Via Tesoro.
In November CSO Munoz helped with a Toy Drive.
In November CSO Munoz conducted a CPTED inspection at Avenida Navarro.
In November CSO Munoz participated in Coffee With A Cop
In November CSO Munoz participated in the family Fall Festival on Main Street.
In December CSO Munoz attended a Coffee with a Cop at Starbucks
In December CSO Munoz worked the HITS Triathlon.
In December CSO Munoz went to Hadley Villas, Villa Cortina Seasons, Wolff Waters and Washington Street
Apartment to give out Jules gift cards for families in need.
In December CSO Munoz went to Wolff Waters meeting with manager.
In December CSO Munoz went to Wolff Water for Jules gift card give away.
In December CSO Munoz went to Washington St. Apartments for gift card give away.
In December CSO Munoz attended a Volunteer Appreciation dinner.
528
Officer Jessica Herrera
Crime Prevention
Crime Prevention Officer
Community Program & Event
Coordinator
Citizens on Patrol Coordinator
Crime Free Multi-Housing
Coordinator
Social Media Administrator
In October, CSO Herrera prepared the quarterly report which includes calls for service, average response time and
year to date crime comparison.
In October, CSO Herrera conducted a Citizens on Patrol meeting.
In October, CSO Herrera attended a Neighborhood Watch Meeting in the La Quinta Cove.
In October, CSO Herrera created the Gem article on Stuff the Bus Event. .
In October, CSO Herrera coordinated Coffee with a Cop.
In October, CSO Herrera conducted a Crime Free Multi-Housing Seminar.
In October, CSO Herrera coordinated Tip A Cop at Red Robin for Special Olympics.
In November, CSO Herrera had a meeting with Cove residents about Crime Prevention.
In November, CSO Herrera coordinated the Coffee with a Cop event at Starbucks.
In November, CSO Herrera conducted training for COP members.
In December, CSO Herrera attended a recruiting meeting with RSVP Volunteer Connect.
In December, CSO Herrera coordinated the 2015 Volunteer Appreciation Dinner for our volunteers.
529
Officer Rick Contreras
Type of Activity Number of
Incidents
Reports 13
Arrest 7
D.A. Filings 3
Citations 4
Calls for Service 44
Pedestrian Check/Area Check/
Traffic Stop
19
Public Assists 1
Follow-up 1
Assist Other Agencies 8
5150 Evaluations 2
School Resource Officer
La Quinta High School
In October, SRO Contreras was in charge of security for two home football games.
In October, SRO Contreras drove a juvenile student to Telecare Mental Health for a mental health evaluation after it
was determined the student had taken an intentional overdose of pills prior to going to school.
In October, while SRO Contreras was working a football game, he located and arrested a student who was in
possession of a knife and Xanax pills without a prescription. The juvenile was transported to the Juvenile Hall in Indio.
The arrest helped lead to three search warrants that was executed the following week by the Coachella Valley Narcotics
Task Force. The search warrants led to one arrest and two out of custody filings for drug sales.
In November, SRO Contreras was in charge of security for two home football games.
In November , SRO Contreras spoke to a juvenile student who told him she had attempted suicide by hanging herself
with a belt at her residence. SRO Contreras transported the student to JFK Hospital and the student was placed on a
5150 hold.
In November and December, SRO Contreras conducted 17 area checks of the La Quinta Park on Blackhawk Way.
In December, SRO Contreras conducted an investigation which led to a student caught with a knife on campus. The
student was arrested and transported to the Juvenile Hall in Indio where he was booked for being in possession of a
knife on campus.
530
Type of Activity Number of
Incidents
Reports 7
Arrest 0
D.A. Filings 1
Citations 0
Calls for Service 26
Pedestrian Check/Area Check/
Traffic Stop
5
Public Assists 1
Follow-up 0
Assist Other Agencies 2
5150 Evaluations 2
School Resource Officer
Officer Mike Hernandez
In November and December, SRO Hernandez assisted with the La Quinta S.E.T. Team Park program and has
been spending time at the La Quinta Parks to deter illegal activity.
In December, SRO Hernandez conducted a 5150 evaluation. The student was admitted to Mental Health for an
evaluation.
Summit High School & Colonel
Mitchell Paige Middle School
531
Officer Rick Contreras
Type of Activity Number of
Incidents
Reports 1
Arrest 0
D.A. Filings 0
Citations 0
Calls for Service 9
Pedestrian Check/Area Check/
Traffic Stop
16
Public Assists 0
Follow-up 1
Assist Other Agencies 1
5150 Evaluations 0
School Resource Officer
La Quinta Middle School,
Harry Truman, Ben Franklin &
John Adams Elementary
In November, SRO Klicka received information about a student who attends Colonol Mitchell Paige Middle School
had threatened to bring a gun to school. Deputy Klicka and Deputy Contreras initiated a “Kids with Guns Protocol
and checked the home of the student.
In May, SRO Klicka received a report of a stolen cell phone from a Patrol Deputy. Deputy Klicka conducted follow
up interviews and recovered the stolen cell phone.
In November and December, SRO Klicka assisted with the La Quinta S.E.T. Team Park program and has been
spending time at the La Quinta Parks to deter illegal activity.
532
Patrol Services
Patrol Community
Service Officers:
Aaron Aceves
Rosalinda
Macias
Dave Kruger
Lori Hardcastle
Community Service Officers
Type of Activity Number of Incidents
Burglary Reports 28
Grand/Petty Theft Reports 25
Vandalism/ Malicious Mischief Reports 8
Traffic Collision Response/Reports 68
Vehicle Code or Parking Citations 196
Abandoned Vehicle Tagged/Warning 46
Towed Vehicles 21
Lost or Found Property Reports 18
Custodial/Non-custodial Transports 90
Miscellaneous Calls 163
Community Service Officers
533
La Quinta Volunteers & Citizens on Patrol
Type of Activity # of Incidents
Crime Free Multi-Housing
Checks
251
Business Checks 661
Community Events 7
Neighborhood Patrol 323
Traffic Collision Response 17
Extra Patrol 141
Total Patrol Hours 1400
Office Volunteer Hours 306
CPO Monthly Visits 79
Volunteers
Summary of Activity for October, November & December 2015
This quarter we welcome one new COP volunteer, Jim Crall. The COP gave assistance with multiple traffic collision
investigations and assisted the Business District Unit by deploying the drone car for the annual Holiday Theft Sup-
pression Program. Volunteer Steve Cooper and Bill Aitken were assigned as City Couriers to help maintain public
notice postings and promote efficiencies with document distribution. The COP participated at the Trilogy Christmas
Parade and the COP car was showcased within that event.
Our office volunteers conducted a variety of clerical functions, as well as data entry of citations, traffic collisions,
arrest reports, parking citations and pawn slips.
534
Contact Information
La Quinta Police
86-625 Airport Blvd.
Thermal, Ca 92274
(760) 863-8990
www.LaQuintaPolice.org
Find us on Facebook
La Quinta PD
Captain, Andrew Shouse
760 863-8990
Assistant Chief of Police, Lt. David
Walton
760 863-8227
Administrative Sergeant, Chris
Frederick
760 863-8399
Special Enforcement Team
Sergeant, Ben Ramirez
760 863-8398
Crime Prevention Unit
760 863-8990
535
Reports/Informational Items: ______________
Report to La Quinta City Council
Palm Springs International Airport Commission Meeting
December 16, 2015
Finance: Revenue and expenses are tracking according to plan. Unrestricted cash is
slightly below plan, but expected to end the year near our $6m target.
Passenger Activity: November’s passenger activity was down 3.3%, at 177,000
passengers. This is 6,000 lower than 2014, which was a record year. YTD count is
down by only 0.9%.
General Observations:
1. The Commissioners met with Scott White of the Convention and Visitors
Bureau for an update and for coordination of efforts. Some interesting
statistics were cited.
a. 2014 saw 12.2 million visitors to the valley, 5.5 m staying overnight
b. Tourism supports 46,000 jobs here
c. Tourism generates $460m in state and local tax payments
2. The Commissioners reviewed the Airport’s 5-year plan for Capital
Improvements, and agreed to submit it to the FAA for approval.
Marketing Committee: Following the Commission meeting, we held a second meeting
of the Marketing Committee (of which I am a member). The Committee considered how
to use the remaining $40,000 in our advertising/promotion budget. After reviewing the
plans of the Convention and Visitors Bureau, the Committee authorized development
and placement of $4,000 to $6,000 in banner ads through Google. The remainder will
be used for local billboards in the 1st quarter of 2016. The goal is to promote awareness
and to drive traffic to our booking website.
Submitted: _________________________
Robert G. Teal, Commissioner
Palm Springs International Airport
Email: bob@teal.us.com
Phone: 760-899-4171
536
537
COMMUNITY SERVICES COMMISSION
MINUTES
MONDAY, NOVEMBER 9, 2015
CALL TO ORDER
A regular meeting of the La Quinta Community Services Commission was called to
order at 5:32 p.m. by Chairperson Engel.
ROLL CALL
PRESENT: Commissioners Blakeley, Chiapperini, Engel, Johnson, Simonds.
PLEDGE OF ALLEGIANCE
Chairperson Engel led the Pledge of Allegiance.
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None
CONFIRMATION OF AGENDA – Confirmed as submitted.
PRESENTATIONS
1. PRESENTATION BY LA QUINTA MUSEUM
Presented by Museum Manager Stewart
CONSENT CALENDAR
1. APPROVE MINUTES OF OCTOBER 12, 2015
Motion – A motion was made and seconded by Commissioners Johnson/Blakeley to
approve the October 12, 2015 Community Services Commission Minutes as submitted.
Motion passed: ayes 3, abstain 2 (Engel, Simonds).
BUSINESS SESSION
1. CONSIDERATION OF PARTICIPATION IN THE CHRISTMAS TREE LIGHTING
HOLIDAY BLOCK PARTY EVENT
Presented by Deputy Hylton
Motion – A motion was made and seconded by Commissioners Blakeley/Johnson to
appoint Commissioners Simonds and Chiapperini to assist in hosting the Christmas
Tree Lighting Holiday Block Party being held in Old Town on Friday, December 4, 2015.
Motion passed unanimously.
538
DEPARTMENT REPORTS
1. CV Link UPDATE
Presented by Manager Howlett
2. COMMUNITY SERVICES DEPARTMENT REPORT – SEPTEMBER 2015
Presented by Supervisor Ambriz
REPORTS AND INFORMATION ITEMS
1. REPORT FROM COMMISSIONERS REGARDING MEETINGS ATTENDED
2. CALENDAR OF MONTHLY EVENTS
COMMISSIONER ITEMS:
Chairperson Engel asked for a volunteer from the commission to attend and
participate in the All Valley Arts Meeting being hosted by the Cathedral City Public Arts
Commission on November 19.
ADJOURNMENT
There being no further business, it was moved and seconded by Commissioners
Johnson/Blakeley to adjourn the meeting at 6:26 p.m. Motion passed unanimously.
Respectfully submitted,
LISA CHAUDHRY, Executive Office Assistant
City of La Quinta, California
539
PLANNING COMMISSION MINUTES 1 OCTOBER 13, 2015
PLANNING COMMISSION
MINUTES
TUESDAY, OCTOBER 13, 2015
CALL TO ORDER
A regular meeting of the La Quinta Planning Commission was called to order at 7:02 p.m.
by Chairperson Wilkinson.
PRESENT: Commissioners Bettencourt, Blum, Fitzpatrick, Wright, and
Chairperson Wilkinson
ABSENT: None
STAFF PRESENT: Planning Manager Gabriel Perez, Assistant City Attorney Michelle
Molko, Principal Planner Jay Wuu, Principal Engineer Bryan McKinney,
Executive Assistant Monika Radeva, and Administrative Technician
Dianne Hansen
Commissioner Wright led the Commission in the Pledge of Allegiance.
PUBLIC COMMENT – None
CONFIRMATION OF AGENDA – Confirmed
APPROVAL OF MINUTES
Motion – A motion was made and seconded by Commissioners Blum/Bettencourt to
approve the Planning Commission Minutes of July 28, 2015 as submitted. Motion passed
unanimously.
PUBLIC HEARINGS
1. Continued from September 22, 2015 – Environmental Assessment 2015-0001,
Specific Plan 2015-0001 (SP 2002-058, Amendment 1), and Village Use Permit 2015-
0001 submitted by Marvin Investments, Inc. proposing the development of Phase
One of a mixed-use project including 40 condominium units and 13,000 square feet
of commercial space on approximately 1.68 acres. Project: Villas at Old Town – Phase
One. CEQA: exempt from environmental review pursuant to Section 15332 (Class 32)
In-Fill Development. Location: southeast corner of Calle Tampico and Desert Club
Drive.
540
PLANNING COMMISSION MINUTES 2 OCTOBER 13, 2015
Principal Planner Jay Wuu presented the information contained in the staff report, a
copy of which is on file in the Community Development Department.
Principal Planner Wuu noted that a memorandum dated October 13, 2015 providing
additional information regarding Public Hearing Item No. 1 was distributed to the
Commission and made available to the public.
Staff addressed the Commission’s questions with regards to the consistency of the
proposed project with the existing Purchase and Sale Agreement between the
Applicant and the City of La Quinta, the parking lot, the retention basin currently
under construction as part of a City’s capital improvement project, and the future
maintenance responsibility of both, the parking lot and retention basin.
Public Speaker: Mr. Wells Marvin, Applicant and President of Marvin Investments, Inc.,
La Quinta, CA – introduced himself and commended the Commission for its
constructive comments and careful review of the project. He said it had been a long
and difficult path to get this far and he was pleased the project was before the
Commission tonight for review and consideration. Mr. Marvin also commended staff
for their work, guidance, and cooperation throughout this process. He gave a
detailed presentation of the project and its history, and answered the Commission’s
questions with regards to the terms of the Purchase and Sale Agreement being
consistent with the project and the proposed conditions of approval; the undergoing
and future retention basin improvements; parking requirements; phasing of the
project; the project’s pedestrian connectivity to the adjacent Old Town La Quinta
commercial center and the Civic Center campus; the residential and commercial
private garages; on-street parking availability; the construction of additional 42
parking spaces for Old Town La Quinta on a vacant site located at the southeast
corner of Avenida Bermudas and Calle Tampico, previously approved for a 27,000
square-foot building; the expansion of the La Quinta Library’s parking lot; golf cart
parking; security access for the residential units; recreational amenities and outdoor
space; specific plan amendments; types of uses for the ground-level commercial
units underneath the residential ones, the use of permeable paving; storm drainage;
and blanket special events allowance for Old Town La Quinta.
Public Speaker: Mr. David Turner, Engineer with Coachella Valley Engineers, Palm
Desert, CA – introduced himself and answered the Commission’s questions regarding
the drainage and the ability of the site to handle 100-year storm.
Chairperson Wilkinson declared the PUBLIC HEARING CLOSED at 8:24 p.m.
Commissioner Wright said he was pleased to see this project come before the
Commission.
541
PLANNING COMMISSION MINUTES 3 OCTOBER 13, 2015
Motion – A motion was made and seconded by Commissioners Blum/Bettencourt to
adopt Planning Resolution No. 2015-009 recommending that City Council deem the
project exempt from the California Environmental Quality Act (Environmental
Assessment 2015-0001), and further recommend approval of Specific Plan 2015-
0001 Amendment (SP 2002-058, Amendment 1) and Village Use Permit 2015-0001
for the Villas at Old Town project as submitted with staff’s recommendations. Motion
passed unanimously.
BUSINESS SESSION – None
COMMISSIONER ITEMS
1. Report on City Council meeting of October 6, 2015.
2. Commissioner Blum is scheduled to attend the October 20, 2015 City Council
meeting.
3. Summary of the Development Code Tune Up Stakeholders community outreach
meeting held on October 13 regarding staff’s efforts to streamline the development
code and improve the approval processes. Staff said a Development Review
Services Survey is available online until October 16 and encouraged the Commission
to provide feedback by completing the survey.
DIRECTOR’S ITEMS – None
ADJOURNMENT
There being no further business, it was moved and seconded by Commissioners
Bettencourt/Fitzpatrick to adjourn this meeting at 8:40 p.m. Motion passed unanimously.
Respectfully submitted,
MONIKA RADEVA, Executive Assistant
City of La Quinta, California
542
543
HISTORIC PRESERVATION COMMISSION SPECIAL MEETING
MINUTES 1 SEPTEMBER 10, 2015
HISTORIC PRESERVATION COMMISSION
MINUTES
THURSDAY, SEPTEMBER 10, 2015
CALL TO ORDER
A special meeting of the La Quinta Historic Preservation Commission was called to
order at 4:32 p.m. by Chairperson Maevers.
PRESENT: Commissioners Leila Namvar, Peggy Redmon, Linda Williams and
Chairperson Kevin Maevers
ABSENT: None
VACANCIES: One
STAFF PRESENT: Planning Manager Gabriel Perez, Principal Planner Jay Wuu,
Executive Assistant Monika Radeva and Admin Technician Dianne
Hansen
Chairperson Maevers led the Commission in the Pledge of Allegiance.
PUBLIC COMMENT – None
CONFIRMATION OF AGENDA – Confirmed
APPROVAL OF MINUTES
Motion – A motion was made and seconded by Commissioners Redmon/Williams to
approve the Historic Preservation Commission Minutes of August 20, 2015, as
submitted. Motion passes unanimously.
BUSINESS SESSION
1. Specific Plan 2015-0001 (SP 2002-058, Amendment 1) and Village Use Permit
2015-0001 submitted by Marvin Investments, Inc. for the consideration of a
Historical/Archaeological Resources Survey Report prepared by CRM Tech for an
approximately 3.4 acres vacant site. Project: The Villas at Old Town. Location:
southeast corner of Calle Tampico and Desert Club Drive.
Commissioner Maevers recused himself due to the close proximity of his residence to
the subject property.
544
HISTORIC PRESERVATION COMMISSION SPECIAL MEETING
MINUTES 2 SEPTEMBER 10, 2015
Principal Planner Jay Wuu presented the information contained in the staff report, a
copy of which is on file in the Community Development Department.
Motion – A motion was made and seconded by Commissioners Williams/Redmon
accepting the Historical/Archaeological Resources Survey Report prepared by CRM
Tech for Specific Plan 2015-0001 (SP 2002-058, Amendment 1) and Village Use Permit
2015-0001; Project: Villas at Old Town; as submitted with staff’s recommendations.
AYES: Commissioners Namvar, Redmon and Williams. NOES: None. ABSENT:
Chairperson Maevers. ABSTAIN: None. Motion passed.
Commissioner Namvar requested that staff provide her with a copy of the final report.
CORRESPONDENCE AND WRITTEN MATERIAL – None
REPORTS AND INFORMATIONAL ITEMS – None
COMMISSIONER ITEMS – None
ADJOURNMENT
There being no further business, it was moved and seconded by Commissioners
Redmon/Williams to adjourn this meeting at 4:53 p.m. AYES: Commissioners Namvar,
Redmon and Williams. NOES: None. ABSENT: Commissioner Maevers. ABSTAIN: None.
Motion passed.
Respectfully submitted,
MONIKA RADEVA, Executive Assistant
City of La Quinta, California
545
ARCHITECTURAL AND LANDSCAPING
REVIEW BOARD MINUTES 1 OCTOBER 7, 2015
ARCHITECTURAL AND LANDSCAPING
REVIEW BOARD
MINUTES
WEDNESDAY, OCTOBER 7, 2015
CALL TO ORDER
A regular meeting of the La Quinta Architectural and Landscaping Review Board was
called to order at 10:03 a.m. by Planning Manager Perez.
PRESENT: Board Members Richard Gray, Kevin McCune, and Ray Rooker
ABSENT: None
STAFF PRESENT: Planning Manager Gabriel Perez, Principal Planner Jay Wuu,
Principal Planner Wally Nesbit, Principal Engineer Bryan McKinney,
Executive Assistant Monika Radeva, and Administrative Technician
Dianne Hansen
Planning Manager Gabriel Perez led the Board into the Pledge of Allegiance.
PUBLIC COMMENT – None
CONFIRMATION OF AGENDA – Confirmed
APPROVAL OF MINUTES
Motion – A motion was made and seconded by Board Members McCune/Gray to
approve the Architectural and Landscaping Review Board Minutes of September 2, 2015
as submitted. AYES: Board Members Gray and McCune. NOES: None. ABSENT: None.
ABSTAIN: Board Member Rooker. Motion passed.
BUSINESS SESSION
1. Site Development Permit 2015-0002 submitted by Desert Land Holdings, LLC,
proposing the development of 15 lot single family residential tract on 3.22 acres.
Project: Villas at Indian Springs. Location: southeast corner of Jefferson Street
and Palm Circle Drive.
Principal Planner Nesbit presented the information contained in the staff report,
a copy of which is on file in the Community Development Department.
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Mr. Jim Snellenberger, Applicant and President of Global Development, Palm
Desert, CA – introduced himself and answered the Board’s questions with
regards to individual lots’ perimeter block wall fencing; the proximity of the
proposed retention basin to the wash, general drainage path for the site and
retention basin capacity; the front and back setback adjustments due to the
project size; site perimeter landscaping; incorporating paving stones in the
driveways and pathways; common areas and maintenance; proposed landscape
lighting and suggestions on additional exterior security lighting; sidewalk
requirements; homeowners’ ability for possible future pool installations; garage
man doors; extending the front door walkway out to the street and the use of
paver stones for driveway connectivity; individual lots’ landscaping palette,
additional design elements such as river rock, boulders, and decomposed
granite, and color scheme; and incorporating additional architectural design
elements.
Public Speaker: Mrs. Marion Ellson, La Quinta resident, CA – introduced herself
and said that due to the severe rain storm last year several trees along Jefferson
Street were swept away and had not been replaced and she would like to see
them replaced as part of this project’s landscaping design. She inquired if the
site provided adequate parking and staff confirmed.
Mr. Charles D. Garland, Architect with GLS Architecture Group, Inc., Palm Desert,
CA – introduced himself and answered the Board’s questions with regards to the
project’s architectural style and design elements.
Motion – A motion was made and seconded by Board Members McCune/Gray
recommending to the Planning Commission approval of Site Development Permit
2015-0002 for the Villas at Indian Springs project in accordance with the staff
recommendations and the addition of the following:
1) Exterior building lighting shall be photocell activated.
2) Applicant shall incorporate a pedestrian pathway that provides direct
access from the street and garage, to the front door areas for each of the
homes.
Motion passed unanimously.
CORRESPONDENCE AND WRITTEN MATERIAL – None
REPORTS AND INFORMATIONAL ITEMS
1. Planning Manager Perez announced the Development Code Tune Up
Stakeholders community outreach meeting is scheduled to be held on October
13 at 10:00 a.m. at City Hall and encouraged the Board Members’ attendance.
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REVIEW BOARD MINUTES 3 OCTOBER 7, 2015
BOARD MEMBER ITEMS – None
ADJOURNMENT
There being no further business, a motion was made and seconded by Board Members
Gray/Rooker to adjourn this meeting at 10:52 a.m. Motion passed unanimously.
Respectfully submitted,
MONIKA RADEVA, Executive Assistant
City of La Quinta, California
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