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2016 07 19 CCr T4hf 4 Sep City Council agendas and staff reports are now available on the City's web page: www.la-quinta.org CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 78-495 Calle Tampico, La Quinta REGULAR MEETING ON TUESDAY, JULY 1912016 3:00 P.M. CLOSED SESSION 1 4:00 P.M. OPEN SESSION CALL TO ORDER ROLL CALL: Councilmembers: Franklin, Osborne, Pena, Radi, Mayor Evans PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "Request to Speak" form and limit your comments to three minutes. The City Council values your comments; however in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by GC 54954.2(b). CONFIRMATION OF AGENDA CLOSED SESSION 1. LABOR NEGOTIATIONS CONFERENCE WITH LABOR NEGOTIATOR, CHRIS ESCOBEDO, REGARDING NEGOTIATIONS WITH THE LA QUINTA CITY EMPLOYEES ASSOCIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6 MEET AND CONFER PROCESS RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. REPORT ON ACTIONS(S) TAKEN IN CLOSED SESSION PLEDGE OF ALLEGIANCE CITY COUNCIL AGENDA 1 JULY 19, 2016 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. RECOGNITION OF OUTGOING BOARD AND COMMISSION MEMBERS 2. SHORT-TERM VACATION RENTAL PROGRAM CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. PAGE 1. APPROVE MINUTES OF JULY 5, 2016 2. APPROVE MINUTES OF JUNE 29, 2016 SPECIAL COMMUNITY ART WORKSHOP MEETING 3. APPROVE DEMAND REGISTERS DATED JUNE 30, JULY 1 AND JULY 8, 2016 4. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED MAY 30, 2016 5. APPROVE AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH JNS MEDIA FOR ART ON MAIN STREET EVENT MARKETING SERVICES 6. APPROVE PROFESSIONAL SERVICES AGREEMENTS WITH LANDMARK CONSULTANTS, INC. AND GEOCON WEST, INC. FOR ON -CALL MATERIALS TESTING SERVICES 7. APPROVE PROFESSIONAL SERVICES AGREEMENTS WITH MSA CONSULTING, INC. AND NV5 FOR ON -CALL CONSTRUCTION SURVEYING SERVICES BUSINESS SESSION 1. ADOPT RESOLUTION APPROVING A MITIGATED NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT 2016-0009 FOR THE WIDENING OF DUNE PALMS ROAD FROM WESTWARD HO DRIVE SOUTHERLY TO DUNE PALMS BRIDGE [RESOLUTION NO.2016-0311 CITY COUNCIL AGENDA 2 JULY 19, 2016 PAGE 2. APPROVE VOLUNTARY COLLECTION AGREEMENT WITH AIRBNB, INC. TO COLLECT AND REMIT TRANSIENT OCCUPANCY TAX 3. INTRODUCE ORDINANCE AMENDING SECTION 3.25.060(B) OF THE MUNICIPAL CODE RELATING TO THE APPLICATION FEE FOR SHORT- TERM VACATION RENTAL PERMITS [Ordinance No. 542] STUDY SESSION 1. DISCUSS MODIFICATION TO PROCEDURES FOR APPOINTMENTS TO BOARDS AND COMMISSIONS PUBLIC HEARINGS — 5:00 P.M. For all Public Hearings on the agenda, a completed "Request to Speak" form must be filed with the City Clerk prior to consideration of that item. A person may submit written comments to City Council before a public hearing or appear in support or opposition to the approval of a project(s). If you challenge a project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City at, or prior to the public hearing. 1. ADOPT RESOLUTION TO APPROVE TENTATIVE TRACT MAP 36817 TO SUBDIVIDE APPROXIMATELY 4.6-ACRE SITE INTO 10 RESIDENTIAL LOTS AND FIND THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT [Resolution No. 2016-0321 2. INTRODUCE ORDINANCE EXTENDING TIME LIMITS FOR AMENDMENTS TO SECTION 9.150.060 OF THE LA QUINTA MUNICIPAL CODE (SPACES REQUIRED BY USE) TO ALLOW FOR A REDUCED NUMBER OF REQUIRED PARKING SPACES FOR PROPERTIES WITHIN THE VILLAGE COMMERCIAL ZONING DISTRICT, AND CONFIRM A DETERMINATION OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT SECTION 15061 (B)(3) REVIEW OF EXEMPTIONS — GENERAL RULE [Ordinance No. 543] 3. INTRODUCE ORDINANCE AMENDING TITLE 8, CHAPTER 13 OF THE LA QUINTA MUNICIPAL CODE UPDATING THE CITY'S WATER EFFICIENT LANDSCAPE ORDINANCE 4. ADOPT RESOLUTION TO UPDATE CITY'S USER AND REGULATORY FEE SCHEDULE BASED ON 2016 COST OF SERVICE STUDY CITY COUNCIL AGENDA 3 JULY 19, 2016 DEPARTMENTAL REPORTS PAGE 1. CITY MANAGER - UPCOMING EVENTS AND CITY COUNCIL CALENDAR 489 2. CITY ATTORNEY N/A 3. CITY CLERK N/A 4. COMMUNITY RESOURCES N/A A. PROACTIVE CODE COMPLIANCE EFFORTS / ANIMAL CONTROL 493 UPDATE B. COMMUNITY SERVICES GRANT PROCESS UPDATE 497 C. EMERGENCY MANAGEMENT SECOND QUARTERLY REPORT 503 D. COMMUNITY PROGRAMS AND WELLNESS REPORT - JUNE 2016 507 5. DESIGN AND DEVELOPMENT REPORT - JUNE 2016 513 6. FACILITIES DEPARTMENT REPORT - JUNE 2016 517 7. POLICE QUARTERLY REPORT 537 8. FIRE QUARTERLY REPORT 555 MAYOR'S AND COUNCIL MEMBER'S ITEMS REPORTS AND INFORMATIONAL ITEMS 1. CVAG COACHELLA VALLEY CONSERVATION COMMISSION (Evans) 2. CVAG ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE (Evans) 3. CVAG EXECUTIVE COMMITTEE (Evans) 4. GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU (Evans) 5. LEAGUE OF CALIFORNIA CITIES DELEGATE (Evans) 6. COACHELLA VALLEY WATER DISTRICT POLICY COMMITTEE (Evans) 7. SOUTHERN 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 and Pena) 13. CVAG PUBLIC SAFETY COMMITTEE (Osborne) 14. DESERT SANDS SCHOOL DISTRICT COMMITTEE (Osborne and Franklin) 15. IID ENERGY CONSUMERS' ADVISORY COMMITTEE (Osborne) 16. EAST VALLEY COALITION (Osborne) 17. ANIMAL CAMPUS COMMISSION (Pena) 18. CHAMBER OF COMMERCE INFO EXCHANGE COMMITTEE (Pena) 19. CVAG VALLEY -WIDE HOMELESSNESS COMMITTEE (Pena) 20. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) (Radi) 21. CVAG TRANSPORTATION COMMITTEE (Radi) 22. COACHELLA VALLEY UNIFIED SCHOOL DISTRICT COMMITTEE (Franklin and Radi) CITY COUNCIL AGENDA 4 JULY 19, 2016 ADJOURNMENT ********************************* The next regular meeting of the City Council will be held on August 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. NOTICE: THE REGULAR CITY COUNCIL MEETINGS OF AUGUST 16 AND SEPTEMBER 6, 2016 HAVE BEEN CANCELLED. 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 July 15, 2016. DATED: July 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. • If background material is to be presented to the Councilmembers during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the meeting. • Any writings or documents provided to a majority of the City Council regarding any item(s) on this agenda will be made available for public inspection at the Community Development counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. CITY COUNCIL AGENDA 5 JULY 19, 2016 Proclamation Recipients Linda Williams Ray Rooker ✓ Leila Namvar Peggy Redmon Kevin Maevers Sharrell Blakeley David Park Richard Grey Kurt Mortenson Heather Engel Robert Wilkinson Jennifer Donais,// Confirmed u �- Confirmed L. Confirmed ° Confirmed Confirmed L Confirmed 1-0 Confirmed LO Tentative 1-0 Unconfirmed 1-0 Unconfirmed L'O Unconfirmed LO Unconfirmed 1-0 0 CONSENT CALENDAR ITEM NO. 1 CITY COUNCIL MINUTES TUESDAY, JULY 5, 2016 A regular meeting of the La Quinta City Council was called to order at 4:00 p.m. by Mayor Evans. PRESENT: Councilmembers Franklin, Osborne, Pena, Radi, Mayor Evans ABSENT: None CONFIRMATION OF AGENDA • Councilmember Franklin requested that Consent Calendar Item No. 5 be moved to Business Item No. 1. • Councilmember Osborne stated that he will recuse himself from voting on Consent Calendar Item No. 11 due to a possible conflict of interest based on the proximity of the project to his residence. • Councilmember Osborne requested that Consent Calendar Item Nos. 7, 16, and 17 be moved to Business Item Nos. 2, 3, and 4 for separate discussion and vote. • Councilmember Radi stated that he will recuse himself from discussion and voting on Consent Calendar Item No. 5 (moved to Business Item No. 1) and Study Session Item No. 3 due to a business relationship with the marketing consultant. Council concurred. CLOSED SESSION - None Councilmember Pena led the audience in the pledge of allegiance. PUBLIC COMMENT ON MATTERS NOT ON AGENDA PUBLIC SPEAKER: Patrick Swarthout, La Quinta - Mr. Swarthout announced that he has retired from Imperial Irrigation District and has accepted the position of Community Development Officer with the Greater Coachella Chamber of Commerce. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. PRESENTATION BY FIRE CHIEF LACLAIR RE FIRE SERVICES TO LA QUINTA Chief LaClair provided a summary of the fire and emergency services CalFIRE and Riverside County provide to La Quinta. STUDY SESSION 1. SILVERROCK RESORT PROJECT STATUS AND UPDATE City Economist McMillen and Robert Green, CEO of Silverrock Development Company presented the report which is on file in the City Clerk's office. CITY COUNCIL MINUTES 1 JULY 5, 2016 F Councilmembers discussed the need to do the project right, not fast; the luxury hotel grading effect on use of the front nine holes; placement of the clubhouse; no closure of back nine holes this year; importance of hotel revenue to the City, and; original schedule holds, hotel opening on schedule. PUBLIC SPEAKER: Mark Johnson, La Quinto - Mr. Johnson thanked the Council for implementing some of the recommendations contained in the resident golfers report. He posed four questions: 1. When will a SilverRock advisory committee be formed as recommended by the Financial Advisory Committee? 2. Has the City lost any revenue, and if so, how much resulting from the recent confusion the start and stop of construction and the amount for resident greens fees? 3. There is no grass on the reconstructed green at no. 17 - is the City able to file a claim against the contractor who rebuilt the green at hole no. 17? 4. If the developer has to take the whole course out of play at some point during development, will the City make arrangements with one or more of the other 24 courses in La Quinta for special tee times and greens fee for residents? Mayor Evans said that City staff would respond to Mr. Johnson's questions. 2. COMMUNITY ART EVENT PROPOSAL Marketing and Events Supervisor Graham presented the staff report, which is on file in the City Clerk's Office. Councilmembers discussed vetting all proposals; the urgency given the event is in October; the desirability of asking the for -profit organizer to team up with one or more non -profits to share volunteers and profits, possibly rotating non -profits, and; addressing the commission charged to participating artists. PUBLIC SPEAKER: William Cain, La Quinta - Mr. Cain handed out his comments and read them [comments are on file in the City Clerk's Office]. Councilmembers discussion continued on the source of La Quinta Arts Foundation's reserves from the sale of donated land; the contents of the event proposal expected from the Chamber of Commerce; the quality of the two proposals received to date; the possibility for the Old Town company to keep the Art on Main Street event accounting separate and open to the public; the City's part in the event - contributor but not organizer or manager; the possibility of other locations if necessary; the benefits of the Old Town location to businesses and artists; the permits required for the event; possibility of artists forming their own organization; feedback received from artists; replicating the success of Art Under the Umbrellas events; criteria for choosing artists - high quality and inclusive; best use of City's past contribution of $20,000; in -kind contributions expected from the City, and; the need for a lead entity rather than multiple organizations in the mix. CITY COUNCIL MINUTES 2 JULY 5, 2016 E: PUBLIC SPEAKER: Katie Stice, La Quinta Chamber of Commerce President/CEO - Ms. Stice stated that the Chamber is interested in managing the event but has not yet worked out the details. PUBLIC SPEAKER: Kevin Dolan, Old Town La Quinta (OTLQ) Property Manager - Mr. Dolan said that OTLQ is open to working with non -profits on the event and would like to join with those that promote the arts. OTLQ would prefer to be the lead so it's not vulnerable to other organizations. PUBLIC SPEAKER: Shelly Glickstein, Old Town La Quinta (OTLQ), Director, Art on Main Street - Ms. Glickstein said the event was good for both artists and Old Town businesses. She said OTLQ is willing to take the financial risk on the event because it has confidence in the art show, but would want to put aside some proceeds first to protect future shows and guarantee its sustainability. Councilmembers provided the following direction to staff: a) Keep the event location in Old Town b) Commitment to local artists participation & high quality goods c) Apply City's budgeted $20,000 for the event d) Require that local non-profit(s) benefit from event e) Staff to prepare agreement from City template; proposer(s) to provide scope of services. COUNCILMEMBER RADI RECUSED HIMSELF ON ITEM NO. 3 DUE TO CONFLICT STEMMING FROM A BUSINESS RELATIONSHIP WITH A MEMBER OF THE MARKETING COMPANY. MR. RADI LEFT THE DAIS DURING THE DISCUSSION ON STUDY SESSION ITEM NO. 3. MAYOR EVANS CALLED A FIVE MINUTE BREAK AT 5:55 P.M. MAYOR EVANS RECONVENED THE CITY COUNCIL MEETING AT 6:03 P.M. WITH ALL MEMBERS PRESENT EXCEPT COUNCILMEMBER RADI 3. MARKETING STRATEGIES FOR FISCAL YEAR 2016/17 Marketing and Events Supervisor Graham presented the staff report, which is on file in the City Clerk's Office. Representatives of marketing consultant firms JNS Media Specialists and Graphtek Interactive summarized marketing efforts and accomplishments during 2015/16 and plans for 2016/17. Councilmembers discussed including more events on the calendar; removing the outdated video; age demographics of website viewers; the importance of recognizing the active, retired visitors and residents; the cost and placement of banners on Highway 111, and partnering with others such as CVB to share cost; expansion of promotion of area for weddings; improved TV ad rates due to CVB's spending; the makeup and value of the local Marketing Committee, and; exploring joint promotions with the Empire Polo Club. CITY COUNCIL MINUTES 3 JULY 5, 2016 4 COUNCILMEMBER RADI RETURNED TO THE DAIS AT 7:02 P.M. CONSENT CALENDAR 1. MINUTES OF JUNE 21, 2016 2. APPROVE DEMAND REGISTERS DATED JUNE 13, JUNE 17 AND JUNE 24, 2016 3. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH TERRA NOVA PLANNING & RESEARCH, INC. FOR ON -CALL PLANNING SERVICES 4. APPROVE AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH JNS MEDIA SPECIALISTS FOR FISCAL YEAR 2016/17 PRINT AND MEDIA MARKETING SERVICES 5. pulled by Councilmember Franklin and moved to Business Item No. 1 for separate discussion and vote >>> APPROVE AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH GRAPHTEK INTERACTIVE FOR FISCAL YEAR 2016/17 DIGITAL MARKETING SERVICES 6. ADOPT RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY (RESOLUTION NO. 2016-025) 7. pulled by Councilmember Osborne and moved to Business Item No. 2 for separate discussion and vote >>> APPROVE AMENDED AND RESTATED AGREEMENT FOR CONTRACT LEGAL SERVICES WITH RUTAN AND TUCKER, LLP 8. ADOPT RESOLUTION DESIGNATING SPEED LIMITS FOR JEFFERSON STREET FROM AVENUE 50 TO AVENUE 54 [RESOLUTION NO.2016-0261 9. APPROVE PROFESSIONAL SERVICES AGREEMENTS WITH INTERWEST CONSULTING GROUP TO PROVIDE ON -CALL DEVELOPMENT PLAN CHECK SERVICES AND ON -CALL BUILDING PLAN CHECK AND INSPECTION SERVICES 10. ADOPT RESOLUTION REQUESTING COUNTY OF RIVERSIDE TO PLACE COLLECTION COSTS FOR SOLID WASTE HANDLING SERVICES AT SINGLE- FAMILY DWELLINGS ON TAX ROLLS [RESOLUTION NO.2016-0271 11. pulled by Councilmember Osborne for separate vote due to a conflict of interest resulting from the proximity of the project to his residence >>> ADOPT RESOLUTION TO EXTEND TIME TO COMPLETE OFF -SITE IMPROVEMENTS FOR A RETAIL AND MEDICAL OFFICE DEVELOPMENT LOCATED AT THE NORTHEAST CORNER OF WASHINGTON STREET AND FRED WARING DRIVE [RESOLUTION NO. 2016-0281 CITY COUNCIL MINUTES 4 JULY 5, 2016 10 12. APPROVE 2016 PAVEMENT MANAGEMENT PLAN 13. APPROVE AMENDMENTS 4 AND 5 TO BENGAL'S PROFESSIONAL SERVICES AGREEMENT FOR DUNE PALMS ROAD BRIDGE IMPROVEMENT 14. APPROVE COMPLETION AND SETTLEMENT AGREEMENT BETWEEN CITY OF LA QUINTA AND BOND SAFEGUARD INSURANCE COMPANY FOR TRACT 32068 ALONG JEFFERSON BETWEEN AVENUE 50 AND 52 15. APPROVE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE AND ADVERTISE FOR BIDS THE PAVEMENT MANAGEMENT PLAN IMPROVEMENTS ON AVENIDA BERMUDAS AND EISENHOWER DRIVE 16. pulled by Councilmember Osborne and moved to Business Item No. 3 for separate discussion and vote >>> ADOPT A RESOLUTION FOR ISSUANCE AND SALE OF SUBORDINATE TAX ALLOCATION REFUNDING BONDS [RESOLUTION 2016-0291 17. pulled by Councilmember Osborne and move to Business Item No. 4 for separate discussion and vote >>> ADOPT A RESOLUTION APPROVING A BOND EXPENDITURE AGREEMENT WITH THE CITY OF LA QUINTA, THE LA QUINTA HOUSING AUTHORITY, AND THE SUCCESSOR AGENCY TO THE LA QUINTA REDEVELOPMENT AGENCY TO FACILITATE THE EXPENDITURE OF EXCESS BOND PROCEEDS [RESOLUTION 2016-0301 MOTION - A motion was made and seconded by Councilmembers Pena/Franklin to approve Consent Calendar Item Nos. 1-4, 6, 8-10, and 12-15 as recommended with Item Nos. 6, 8, and 10 adopting Resolution Nos. 2016-025 through 2016-027, and with the clarification that approval of the Terra Nova agreement (Item No. 3) is for the amount of $90,000 for the first year and $90,000 for each year it is extended. Motion passed unanimously MOTION - A motion was made and seconded by Councilmembers Radi/Pena to approve Consent Calendar item No. 11 as recommended, adopting Resolution No. 2016-028. Motion passed: ayes 4, noes 0, abstain 1 (Osborne) BUSINESS SESSION COUNCILMEMBER RADI RECUSED HIMSELF ON ITEM NO. 1 DUE TO CONFLICT STEMMING FROM A BUSINESS RELATIONSHIP WITH A MEMBER OF THE MARKETING COMPANY. MR. RADI LEFT THE DAIS DURING THE DISCUSSION AND VOTE ON THIS ITEM. CITY COUNCIL MINUTES 5 JULY 5, 2016 11 1. pulled by Councilmember Franklin from the Consent Calendar and moved to Business Item No. I >>> APPROVE AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH GRAPHTEK INTERACTIVE FOR FISCAL YEAR 2016/17 DIGITAL MARKETING SERVICES MOTION - A motion was made and seconded by Councilmembers Osborne/Pena to approve Amendment No. 2 to the agreement with Graphtek Interactive for 2016/17 digital marketing services. Motion passed: ayes 4, noes 0, abstain 1 (Radi) COUNCILMEMBER RADI RETURNED TO THE DAIS FOR THE REMAINDER OF THE MEETING 2. pulled by Councilmember Osborne from the Consent Calendar and moved to Business Item No. 2 >>> APPROVE AMENDED AND RESTATED AGREEMENT FOR CONTRACT LEGAL SERVICES WITH RUTAN & TUCKER, LLP Councilmember Osborne explained the changes in the legal services agreement and how each benefits the City, and he confirmed that Rutan & Tucker, LLP is required to defend and hold harmless the City. MOTION - A motion was made and seconded by Councilmembers Osborne/Radi to approve the amended and restated agreement for contracted legal services with Rutan and Tucker, LLP. Motion passed unanimously. 3. pulled by Councilmember Osborne from the Consent Calendar and moved to Business Item No. 3 >>> ADOPT A RESOLUTION FOR ISSUANCE AND SALE OF SUBORDINATE TAX ALLOCATION REFUNDING BONDS [RESOLUTION 2016-0291 In response to Councilmember Osborne, City Manager Spevacek provided clarification on the financial benefit of refinancing the 2011 bonds. MOTION - A motion was made and seconded by Councilmembers Osborne/Radi to adopt Resolution No. 2016-029 authorizing the issuance and sale of Subordinate Tax Allocation Refunding Bonds. Motion passed unanimously. 4. pulled by Councilmember Osborne from the Consent Calendar and move to Business Item No. 4 >>> ADOPT A RESOLUTION APPROVING A BOND EXPENDITURE AGREEMENT WITH THE CITY OF LA QUINTA, THE LA QUINTA HOUSING AUTHORITY, AND THE SUCCESSOR AGENCY TO THE LA QUINTA REDEVELOPMENT AGENCY TO FACILITATE THE EXPENDITURE OF EXCESS BOND PROCEEDS [RESOLUTION 2016-0301 MOTION: A motion was made and seconded by Councilmembers Osborne/Radi to approve the bond expenditure agreement. Motion passed unanimously. PUBLIC HEARINGS - None CITY COUNCIL MINUTES 6 JULY 5, 2016 12 DEPARTMENT REPORTS All reports are on file in the City Clerk's Office. City Manager Spevacek reported on the letter of support for Active Transportation Program Grant Application and the role of Congressman Ruiz's office. City Manager Spevacek reported on the meeting with Supervisor Benoit and Riverside County Finance Staff regarding property tax allocation. The County responded to La Quinta's request by explaining that it is guided by State Statue in these matters, and given that the County is running a deficit, it would not even be possible to get three of the five County Supervisors to vote in favor of decreasing County revenue for the benefit of one city. City Manager Spevacek reported that negotiations on a lawsuit settlement are underway regarding property at the Jefferson Street/I-10 intersection and any settlement amount with the City of Indio and/or Riverside County would increase the cost of the interchange project to all participating entities, including La Quinta. City Attorney Ihrke provided an update on drone regulations and said that all complaints regarding drones should be directed to the Federal Aviation Administration. Design & Development Director Jonasson reported on the improvements in the business license renewal process. MAYOR'S AND COUNCIL MEMBERS' ITEMS Councilmember Franklin and Mayor Evans reported on the request from Desert Sands Unified School District for $2,500 of City marketing funds and sponsorship through June 2017. By consensus, Council directed staff to proceed. Mayor Evans noted that last Monday was HIV Testing Day, and Saturday, July 23rd is the All Cities Blood Drive. She also reported on City staff's all -hands meeting she attended on June 29tn REPORTS AND INFORMATIONAL La Quinta's representative for 2016, Mayor Evans reported on her participation in the following organizations meeting: • CVAG EXECUTIVE COMMITTEE =0NW_119:1:791-114 1aN10116T4Li101TH011000IEOW/16,11ril:XI1.191: *W] La Quinta's representative for 2016, Councilmember Franklin reported on her participation in the following organization meeting: • SUN LINE TRANSIT AGENCY CITY COUNCIL MINUTES 7 JULY 5, 2016 13 ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Franklin/Osborne to adjourn at 8:00 p.m. Motion passed unanimously. Respectfully submitted, SUSAN MAYSELS, City Clerk City of La Quinta, California CITY COUNCIL MINUTES JULY 5, 2016 14 CONSENT CALENDAR ITEM NO. 2 CITY COUNCIL MINUTES Wednesda,y, June 29, 2016 A special meeting of the La Quinta City Council was called to order at 6:02 p.m. at the La Quinta Museum community room by Mayor Evans. PRESENT: Councilmembers Franklin, Pena, Radi, Mayor Evans ABSENT: Councilmember Osborne MOTION - A motion was made and seconded by Councilmembers Pena/Radi to excuse Councilmember Osborne from the meeting. PLEDGE OF ALLEGIANCE - Led by Mayor Evans PUBLIC COMMENT ON MATTERS NOT ON AGENDA - None ANNOUNCEMENTS PRESENTATIONS AND WRITTEN COMMUNICATIONS - None STUDY SESSION 1. COMMUNITY WORKSHOP REGARDING ART EVENTS IN LA QUINTA Mayor Evans explained the purpose of the Workshop and introduced Facilitator Cynthia Henson. After all participants introduced themselves and explained their interest in the matter, Marketing & Events Supervisor Graham instructed attendees on use of the PlayInLaQuiinta.com/LQArt app and provided visitation and artist statistics on the Art Under the Umbrellas events. Facilitator Henson led participants through multiple exercises to reach consensus on features of the event that artists and residents wish to retain and elements they'd like to improve. The details list of participants' responses is attached (Attachment 1). The following is a summary of the top results from the residents at the nine work tables: Top three elements of the event to be kept: • Location • Quality • Uniqueness to the Coachella Valley Top three elements of the event to change: • Commission structure • Juror selection process for artists CITY COUNCIL MINUTES SPECIAL MEETING JUNE 29, 2016 15 Rotation of artists Mayor Evans and City Manager Spevacek answered participants' questions regarding the former event organizer and the proposals received or expected from interested new organizers. Councilmembers Radi and Franklin provided workshop summaries and closing remarks. ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Franklin/Radi to adjourn at 7:39 p.m. Motion passed unanimously. Respectfully submitted, SUSAN MAYSELS, City Clerk City of La Quinta, California Attachment: 1. Community Art Workshop Wrap -Up Report CITY COUNCIL MINUTES 2 JUNE 29, 2016 SPECIAL MEETING `I cred/going well and needs to be maintained going forward? Also, what°s not sacred/not going well and needs"°to be examined? Groups worked together identify their top 3 sacred and not so sacred items and those results are mnilerl'hnIMAI GEM of the DESERT— — below: 2. Local 3. Qmlitj 20 City of La Quinta CITY COUNCIL MEETING: July 19, 2016 STAFF REPORT AGENDA TITLE: APPROVE DEMAND REGISTERS DATED JUNE 30, JULY 1 AND JULY 8, 2016 RECOMMENDATION Approve demand registers dated June 30, July 1 and July 8, 2016. EXECUTIVE SUMMARY - None FISCAL IMPACT Demand of Cash: City $ 1,541,771.61 Successor Agency of RDA $ 4,025.00 Housing Authority $ 348.80 Housing Authority Commission $ - $ 1,546,145.41 BACKGROUND/ANALYSIS Between Council meetings, routine bills and payroll must be paid. Attachment 1 details the weekly demand registers from June 30, July 1 through July 8, 2016. Warrants Issued: 111568-111676 $ 962,253.62 111677-111680 $ 499.16 111681-111722 $ 112,766.87 Voids $ 708.00 Wire Transfers $ 249,992.89 P/R Check#37121 & Direct Deposit $ 174,627.48 Payroll Tax Transfers $ 45,297.39 $ 1,546,145.41 In the amounts listed above, one check was voided. Check #111373 was voided because it was a duplicate payment to the company, Polar Barr, who used an invoice and a work order for the same service. The company sent the original check back to the finance department, where we processed the correct invoice and sent the correct payment of $354.00. 21 The most significant expenditures on the demand registers listed above are as follows: Vendor Account Name Amount Purpose South Valley Electric Machinery & Equip $ 49,700.00 LQ Library LED Conversion Riverside County Sheriff Various $ 661,182.77 Police Service's Rate Adjustments - Mar Imperial Irrigation District Utilities -Electricity $ 25,763.71 Electricity Service The Altum Group Design $ 28,677.40 Wash St. Apartments Project Wire Transfers: Seven wire transfers totaled $249,992.89. Of this amount, $114,605.37 was to Landmark for golf course management, $93,115.87 to CalPERS Health and $35,425.99 was to CalPERS. (See Attachment 2 for a full listing). AL i LKNATIVES Council may approve, partially approve, or reject the demand registers. Prepared by: Derrick Armendariz, Account Technician Approved by: Karla Campos, Finance Director Attachment: 1. Demand Registers 2. Wire Transfers 22 ATTACHMENT 1 -� - Demand Register City of La Quinta, CA Packet: APPKT00779 - DA 6/30/16 Vendor Name Payment Number Payment Date Description (Payable) Account Number Amount Fund: 101- GENERAL FUND ACCOUNTEMPS 111568 06/30/2016 06/10/16-TEMP STAFFING 101-1004-60125 514.80 ALPHA CARD 111570 06/30/2016 06/24/16- CARD PRINTER IN 101-3002-60420 305.69 ALVAREZ, MARIA ISABEL 111573 06/30/2016 06/23/16- INSTRUCTOR PAY 101-3002-60107 28.00 AMERICAN FORENSIC NURSE 111574 06/30/2016 05/15/16- BLOOD ALCOHOL 101-2001-36310 120.00 AMERICAN FORENSIC NURSE 111574 06/30/2016 05/31/16- BLOOD ALCOHOL 101-2001-36310 120.00 CALIFORNIA BUILDING STAN 111577 06/30/2016 01/16-03-16-ADMIN FEE 101-0000-20306 881.00 CALIFORNIA BUILDING STAN 111577 06/30/2016 01/16-03-16-ADMIN FEE 101-0000-42615 -88.10 CAMPOS, KARLA 111578 06/30/2016 06/16/16-TRAVEL REIMB 101-1006-60320 81.00 CAMPOS, KARLA 111578 06/30/2016 06/10/16-TRAVEL REIMB 101-1006-60320 91.80 CAPITAL ONE COMMERCIAL 111579 06/30/2016 06/15/16- TRAINING SUPPLI 101-1004-60321 71.95 CAPITAL ONE COMMERCIAL 111579 06/30/2016 06/14/16- LQPD CADET CAM 101-2001-60175 1,268.42 CIGNA HEALTH CARE 111581 06/30/2016 07/16- DENTAL INSURANCE 101-0000-20943 7,453.73 COACHELLA VALLEY ASSOC 0 111582 06/30/2016 06/27/16- CVAG MEEETING 101-1001-60320 200.00 COACHELLA VALLEY WATER 111583 06/30/2016 06/28/16- WATER SERVICE 101-3005-61209 3,418.21 COACHELLA VALLEY WATER 111583 06/30/2016 06/28/16- WATER SERVICE 101-7006-60146 296.84 COACHELLA VALLEY WATER 111583 06/30/2016 06/28/16- WATER SERVICE 101-3002-61200 184.98 COACHELLA VALLEY WATER 111583 06/30/2016 06/28/16- WATER SERVICE 101-3005-61204 578.92 COACHELLA VALLEY WATER 111583 06/30/2016 06/28/16- WATER SERVICE 101-3008-61200 113.42 COACHELLA VALLEY WATER 111584 06/30/2016 06/16-06/15/17- ANNUAL LE 101-0000-13600 1.00 COUNTY OF RIVERSIDE DEPA 111585 06/30/2016 06/21/16- LQ PARK HEALTH 101-3005-60554 142.00 COUNTY OF RIVERSIDE DEPA 111585 06/30/2016 06/21/16- SPORTS COMP HE 101-3005-60555 142.00 CROSS, TERESA 111586 06/30/2016 06/22/16- FACILITY RENTAL 101-0000-22830 100.00 DAIOHS FIRST CHOICE SERVI 111587 06/30/2016 06/24/16- OFFICE SUPPLIES 101-1007-60403 232.32 DEPARTMENT OF CONSERVA 111588 06/30/2016 01/16-03/16- MOTION/SEIS 101-0000-20308 1,368.88 DEPARTMENT OF CONSERVA 111588 06/30/2016 01/16-03/16- MOTION/SEIS 101-0000-42610 -68.44 DESERT CA M INC 111589 06/30/2016 06/21/16- COUNCIL MTG 101-3008-60108 183.75 DESERT SANDS UNIFIED SCH 111591 06/30/2016 06/14/16- SCHOOL OFFICER 101-2001-60168 5,407.45 DUGALLY, MATT 111592 06/30/2016 06/23/14- REFUND TOT OVE 101-0000-42305 10.80 DUGALLY, MATT 111592 06/30/2016 04/30/15- REFUND TOT OVE 101-0000-20267 51.00 DUGALLY, MATT 111592 06/30/2016 06/22/15- REFUND OVERPAY 101-0000-42300 18.90 ISENHOWER OCCUPATIONA 111594 06/30/2016 06/02/16- EMPLOYMENT SC 101-1004-60104 920.00 -IRST CHOICE A/C & HEATIN 111596 06/30/2016 06/27/16- FS#70 AC PARTIAL 101-2002-60670 5,484.60 =OSTER, DONALD R 111597 06/30/2016 06/22/16- REFUND OVERPAY 101-0000-42300 3.00 =RONTIER COMMUNICATION 111598 06/30/2016 06/04-07/3/16- LQPD INTER 101-2001-61300 281.23 =RONTIER COMMUNICATION 111598 06/30/2016 06/10-07/09/16- CITY HALL 1 101-1007-61300 89.99 3ALLS LLC 111600 06/30/2016 05/18/16- POLICE PATCH 101-2001-60175 278.64 3ONSALVES, JOE A & SON 111603 06/30/2016 07/16- LEGISLATIVE SVC 101-0000-13600 3,500.00 1ANSEN, DIANNE 111604 06/30/2016 06/20/16- FITNESS REIMB 101-1004-60104 40.00 -IRO INC 111607 06/30/2016 06/22/16- EOC HEADPHONE 101-2002-60406 236.36 MPERIAL IRRIGATION DIST 111608 06/30/2016 06/16/16- ELECTRICITY SERV 101-2002-61101 787.64 MPERIAL IRRIGATION DIST 111608 06/30/2016 06/16/16- ELECTRICITY SERV 101-3005-61103 2,688.51 MPERIAL IRRIGATION DIST 111608 06/30/2016 06/16/16- ELECTRICITY SERV 101-3005-61105 1,038.87 MPERIAL IRRIGATION DIST 111608 06/30/2016 06/16/16- ELECTRICITY SERV 101-3005-61106 1,826.69 MPERIAL IRRIGATION DIST 111608 06/30/2016 06/16/16- ELECTRICITY SERV 101-3008-61101 7,979.11 MPERIAL IRRIGATION DIST 111608 06/30/2016 06/28/16- ELECTRICITY SERV 101-3005-61111 15.83 MPERIAL IRRIGATION DIST 111608 06/30/2016 06/28/16- ELECTRICITY SERV 101-3005-61113 22.81 MPERIAL IRRIGATION DIST 111608 06/30/2016 05/18-06/15/16- WC ELECTR 101-3002-61101 2,357.05 SOLA CORPORATION 111609 06/30/2016 06/15/16- REFUND TOT OVE 101-0000-41415 25.00 OHNSTON,ALEXANDER 111610 06/30/2016 06/19/16- CERT SNACKS REI 101-2002-60320 115.09 (LEIN, SANDRA 111612 06/30/2016 06/23/16- INSTRUCTOR PAY 101-3003-60107 35.00 -OCK SHOP INC, THE 111615 06/30/2016 06/24/16- CITY HALL LOCK 101-3008-60691 98.19 VIARTIN , DANIEL 111618 06/30/2016 06/15/16- REFUND OVERPAY 101-0000-42300 20.53 AGS LANDSCAPE 111620 06/30/2016 06/21/16- REFUND OVERPAY 101-0000-42300 25.00 1/1/2016 6:29:16 PM Page 1 of 8 23 Demand Register Packet: APPKT00779 - DA 6/30/16 Vendor Name Payment Number Payment Date Description (Payable) Account Number Amount MISELL, STACY 111621 06/30/2016 06/23/16- INSTRUCTOR PAY 101-3002-60107 24.50 MONREAL, MARILYN 111622 06/30/2016 06/21/16-TUITION REIMB 101-1004-60322 39.00 OFFICE DEPOT 111624 06/30/2016 06/10/16- OFFICE SUPPLIES 101-1001-60420 110.00 OFFICE DEPOT 111624 06/30/2016 06/10/16- OFFICE SUPPLIES 101-1005-60420 24.52 PALMS TO PINES PRINTING 111625 06/30/2016 06/23/16- BANNERS VILLAG 101-3007-60461 8,641.60 PATTON DOOR & GATE 111626 06/30/2016 05/17/16- FS#93 DOOR REPA 101-2002-60670 250.00 PITNEY BOWES 111627 06/30/2016 06/10/16- FOLDING MACHIN 101-1007-60661 1,029.48 POLAR BARR AIR CONDITION 111629 06/30/2016 05/27/16- AC REPAIR 101-3005-60555 354.00 PRINTING PLACE, THE 111630 06/30/2016 05/31/16- MAILING LABELS 101-1007-60402 312.12 PROMOTIVATORS LTD 111631 06/30/2016 06/23/16- CERT TABLE CANO 101-2002-60671 378.39 PSOMAS INC 111632 06/30/2016 05/16-07/27/16- CONST SVC 101-7006-60104 13,776.00 QUALITY CODE PUBLISHING 111633 06/30/2016 06/27/16- COPIES ORDI NAN 101-1005-60103 8,042.00 RIVERSIDE COUNTY SHERIFF 111635 06/30/2016 03/16- POLICE RATE ADJ 101-2001-60161 416,392.06 RIVERSIDE COUNTY SHERIFF 111635 06/30/2016 03/16- POLICE RATE ADJ 101-2001-60162 -47,335.26 RIVERSIDE COUNTY SHERIFF 111635 06/30/2016 03/16- POLICE RATE ADJ 101-2001-60163 103,410.13 RIVERSIDE COUNTY SHERIFF 111635 06/30/2016 03/16- POLICE RATE ADJ 101-2001-60164 36,358.34 RIVERSIDE COUNTY SHERIFF 111635 06/30/2016 03/16- POLICE RATE ADJ 101-2001-60166 5,237.55 RIVERSIDE COUNTY SHERIFF 111635 06/30/2016 03/16- POLICE RATE ADJ 101-2001-60167 5,315.52 RIVERSIDE COUNTY SHERIFF 111635 06/30/2016 03/16- POLICE RATE ADJ 101-2001-60169 55,679.86 RIVERSIDE COUNTY SHERIFF 111635 06/30/2016 03/16- POLICE RATE ADJ 101-2001-60170 7,377.99 RIVERSIDE COUNTY SHERIFF 111635 06/30/2016 03/16- POLICE RATE ADJ 101-2001-60171 5,175.75 RIVERSIDE COUNTY SHERIFF 111635 06/30/2016 03/16- POLICE RATE ADJ 101-2001-60172 10,407.83 ROJAS, MIGUEL ANGEL 111636 06/30/2016 06/23/16- INSTRUCTOR PAY 101-3003-60107 206.68 RUDE, SHARON 111637 06/30/2016 06/23/16- INSTRUCTOR PAY 101-3002-60107 94.50 SACKS, DONNA 111638 06/30/2016 06/23/16- INSTRUCTOR PAY 101-3003-60107 16.80 SDAPA 111639 06/30/2016 01/30/16- ASSOCIATE PLANN 101-1004-60450 50.00 SHIRY, TERESA 111640 06/30/2016 06/23/16- INSTRUCTOR PAY 101-3003-60107 75.60 SILVERROCK RESORT 111641 06/30/2016 05/16-06/15/16- SALES TAX 101-0000-20304 58.00 SILVERROCK RESORT 111641 06/30/2016 05/16-06/15/16-SALES TAX 101-2001-60109 161.00 SILVERROCK RESORT 111641 06/30/2016 05/16-06/15/16- SALES TAX 101-2002-60671 33.00 SILVERROCK RESORT 111641 06/30/2016 05/16-06/15/16-SALES TAX 101-3003-60149 4.00 SILVERROCK RESORT 111641 06/30/2016 05/16-06/15/16-SALES TAX 101-3003-60420 89.00 SILVERROCK RESORT 111641 06/30/2016 O5/16-06/15/16- SALES TAX 101-3005-60554 43.00 SILVERROCK RESORT 111641 06/30/2016 05/16-06/15/16- SALES TAX 101-3007-60461 175.00 SINATRA, BARBARA CHILDRE 111642 06/30/2016 05/16- SEXUAL ASSAULT EXA 101-2001-60193 231.00 SIPLE, PATRICIA 111643 06/30/2016 06/28/16-ANNUAL MEMB R 101-0000-42218 45.00 SNYDER, DAVID W 111644 06/30/2016 06/14/16- REFUND OVERPAY 101-0000-42300 32.80 STANDARD INSURANCE COM 111649 06/30/2016 07/16- INSURANCE 101-0000-20947 552.90 STANDARD INSURANCE COM 111649 06/30/2016 07/16- INSURANCE 101-0000-20955 4,166.88 STANDARD INSURANCE COM 111650 06/30/2016 07/16- ADD-L LIFE INSURANC 101-0000-20948 287.97 STAPLES ADVANTAGE 111651 06/30/2016 05/22/16- OFFICE SUPPLIES 101-1002-60400 38.63 STAPLES ADVANTAGE 111651 06/30/2016 05/22/16- OFFICE SUPPLIES 101-1004-60400 8.19 STAPLES ADVANTAGE 111651 06/30/2016 06/04/16- OFFICE CHAIR 101-3001-60400 129.55 STAPLES ADVANTAGE 111651 06/30/2016 06/09/16- OFFICE SUPPLIES 101-1004-60400 98.94 TAG/AMS INC 111655 06/30/2016 04/12/16- RANDOM TESTIN 101-1004-60103 52.00 TALL MAN GROUP INC 111656 06/30/2016 03/16- SRR CONTRACT SVC 101-1002-60101 5,425.00 TALL MAN GROUP INC 111656 06/30/2016 04/16- SRR CONTRACT SVC 101-1002-60101 2,712.50 TALL MAN GROUP INC 111656 06/30/2016 05/16- SRR CONTRACT SVC 101-1002-60101 4,725.00 TAYLOR WOODROW HOMES, 111658 06/30/2016 06/23/16- DEV DEP 05-017E 101-0000-22810 5,300.00 TESERRA 111659 06/30/2016 05/23/16- REFUND OVERPAY 101-0000-20306 2.00 TESERRA 111659 06/30/2016 05/23/16- REFUND OVERPAY 101-0000-42401 12.09 TESERRA 111659 06/30/2016 05/23/16- REFUND OVERPAY 101-0000-42403 24.17 TESERRA 111659 06/30/2016 05/23/16- REFUND OVERPAY 101-0000-42404 181.29 TESERRA 111659 06/30/2016 05/23/16- REFUND OVERPAY 101-0000-42600 24.17 TESERRA 111659 06/30/2016 05/23/16- REFUND OVERPAY 101-0000-42600 98.62 TESERRA 111659 06/30/2016 05/23/16- REFUND OVERPAY 101-0000-42600 24.17 TIME WARNER CABLE 111660 06/30/2016 06/16-07/15/16- FS#32 CABL 101-2002-61400 66.18 TIME WARNER CABLE 111660 06/30/2016 05/24-06/23/16- FS#93 CABL 101-2002-61400 176.75 TRUE, ARTHUR ALLEN 111663 06/30/2016 06/23/16- INSTRUCTOR PAY 101-3003-60107 21.00 TYCO SIMPLEXGRINNELL 111664 06/30/2016 01/27/16- REPROGRAM FEE 101-3002-60123 527.00 7/1/2016 6:29:16 PM Page 2 of 8 24 Demand Register Packet: APPKT00779 - DA 6/30/16 Vendor Name Payment Number Payment Date Description (Payable) Account Number Amount US AIR CONDITIONING DISTR 111666 06/30/2016 06/21/16- HVAC BELT 101-3008-60691 10.45 US AIR CONDITIONING DISTR 111666 06/30/2016 06/27/16- AC CAPACITORS 101-3008-60432 278.57 US AIR CONDITIONING DISTR 111666 06/30/2016 06/27/16- AC CAPACITORS 101-3008-60667 56.53 VERIZON WIRELESS 111667 06/30/2016 04/11-05/10- MOBILE TICKE 101-2001-61300 44.40 VIATRON SYSTEMS INC 111668 06/30/2016 06/17/16- SCANNING SVC 101-1005-60103 5,182.27 VISION SERVICE PLAN - (CA) 111669 06/30/2016 07/16- VISION INSURANCE 101-0000-20945 1,484.28 WALMART COMMUNITY 111671 06/30/2016 OS/19-06/09/16- WALMART 101-1007-60401 2.90 WALMART COMMUNITY 111671 06/30/2016 05/19-06/09/16- WALMART 101-3002-60420 70.27 WALMART COMMUNITY 111671 06/30/2016 05/19-06/09/16- WALMART 101-3003-60149 45.08 WATERLOGIC USA FINANCE 1 111672 06/30/2016 06/15/16- WATER COOLER 101-1007-60104 226.81 WELLNESS WORKS 111673 06/30/2016 06/16- EAP SERVICE 101-1004-60104 266.00 WELLS FARGO BUSINESS CAR 111674 06/30/2016 06/16- VISA CARD PAYMENT 101-1002-60320 199.60 WELLS FARGO BUSINESS CAR 111674 06/30/2016 06/16- VISA CARD PAYMENT 101-1004-60320 54.48 WELLS FARGO BUSINESS CAR 111674 06/30/2016 06/16- VISA CARD PAYMENT 101-1006-60102 112.67 WELLS FARGO BUSINESS CAR 111674 06/30/2016 06/16- VISA CARD PAYMENT 101-1007-60401 39.00 WELLS FARGO BUSINESS CAR 111674 06/30/2016 06/16- VISA CARD PAYMENT 101-2001-60109 804.00 WELLS FARGO BUSINESS CAR 111674 06/30/2016 06/16- VISA CARD PAYMENT 101-2001-60175 897.78 WELLS FARGO BUSINESS CAR 111674 06/30/2016 06/16- VISA CARD PAYMENT 101-3001-60320 309.94 WELLS FARGO BUSINESS CAR 111674 06/30/2016 06/16- VISA CARD PAYMENT 101-3007-60352 50.00 WELLS FARGO BUSINESS CAR 111674 06/30/2016 06/16- VISA CARD PAYMENT 101-3008-60420 9.49 WIMMER, ED 111675 06/30/2016 06/19/16- FITNESS REIMB 101-1004-60104 40.00 XPRESS GRAPHICS 111676 06/30/2016 06/15/16- POCKET MAPS 101-3007-60461 6,332.74 XPRESS GRAPHICS 111676 06/30/2016 06/23/16- OUTREACH BROC 101-2002-60406 279.39 XPRESS GRAPHICS 111676 06/30/2016 06/23/16- OUTREACH BROC 101-2002-60410 500.00 Fund 101- GENERAL FUND Total: 725,367.87 Fund: 201- GAS TAX FUND ALSCO INC 111571 06/30/2016 06/17/16- UNIFORM RENTAL 201-7003-60690 94.51 ALSCO INC 111571 06/30/2016 06/24/16- UNIFORM RENTAL 201-7003-60690 94.51 COUNTY OF RIVERSIDE DEPA 111585 06/30/2016 06/13/16-78106 FRANCES H 2O1-7003-60136 1,041.00 IMPERIAL IRRIGATION DIST 111608 06/30/2016 06/23/16- ELECTRICITY SERV 201-7003-61101 889.55 SPARKLETTS 111646 06/30/2016 06/17/16- DRINKING WATER 201-7003-60400 230.23 SUPERIOR PAVEMENT MARKI 111654 06/30/2016 05/31/16- SIMON DR STRIPI 201-7003-60104 3,461.00 TOPS'N BARRICADES INC 111661 06/30/2016 06/13/16-SIGNS 201-7003-60429 90.40 Fund 201- GAS TAX FUND Total: 5,901.20 Fund: 202 - LIBRARY FUND FRONTIER COMMUNICATION 111598 06/30/2016 06/13-07/07/16- MUSEUM P 202-3006-61300 109.75 HOARD INC, HUGH 111606 06/30/2016 06/08/16- LIBRARY HVAC RE 202-3004-60667 147.75 IMPERIAL IRRIGATION DIST 111608 06/30/2016 06/16/16- ELECTRICITY SERV 202-3004-61101 3,492.18 IMPERIAL IRRIGATION DIST 111608 06/30/2016 06/16/16- ELECTRICITY SERV 202-3006-61101 1,128.86 LUXE WATER SOLUTIONS LLC 111617 06/30/2016 06/16- WATER COOLER 202-3006-61200 37.80 SOUTH VALLEY ELECTRIC 111645 06/30/2016 06/16/16- LED LIGHT CONVE 202-3004-80100 49,700.00 Fund 202 - LIBRARY FUND Total: 54,616.34 Fund: 212 - SLESF (COPS) FUND RIVERSIDE COUNTY SHERIFF 111635 06/30/2016 03/16- POLICE RATE ADJ 212-0000-60178 1,678.68 RIVERSIDE COUNTY SHERIFF 111635 06/30/2016 03/16- POLICE RATE ADJ 212-0000-60179 61,484.32 Fund 212 - SLESF (COPS) FUND Total: 63,163.00 Fund: 215 - LIGHTING & LANDSCAPING FUND ATCO MANUFACTURING CO 111575 06/30/2016 06/14-16- LANDSCAPE SUPP 215-7004-60431 405.80 COACHELLA VALLEY WATER 111583 06/30/2016 06/28/16- WATER SERVICE 215-7004-61211 9,250.03 DESERT ELECTRIC SUPPLY 111590 06/30/2016 06/15/16- ELECTRICAL 215-7004-60431 13.11 DESERT ELECTRIC SUPPLY 111590 06/30/2016 06/27/16- ELECTRICAL 215-7004-60431 71.31 FRONTIER COMMUNICATION 111598 06/30/2016 06/07-07/6/16- PHONE SVC 215-7004-61116 134.47 FRONTIER COMMUNICATION 111598 06/30/2016 06/07-07/06/16- TRFF SIGNA 215-7004-61116 225.74 FRONTIER COMMUNICATION 111598 06/30/2016 06/10-07/9/16- PHONE SVC 215-7004-61116 36.69 FRONTIER COMMUNICATION 111598 06/30/2016 06/07-07/06/16-TRFF CABIN 215-7004-61116 199.51 HIGH TECH IRRIGATION INC 111605 06/30/2016 06/02/16- LANDSCAPE MATE 215-7004-60431 39.77 HIGH TECH IRRIGATION INC 111605 06/30/2016 06/02/16- LANDSCAPE MATE 215-7004-60431 16.51 IMPERIAL IRRIGATION DIST 111608 06/30/2016 06/23/16- ELECTRICITY SERV 215-7004-61116 1,951.28 IMPERIAL IRRIGATION DIST 111608 06/30/2016 06/23/16- ELECTRICITY SERV 215-7004-61117 923.58 7/1/2016 6:29:16 PM Page 3 of 8 25 Demand Register Packet: APPKT00779 - DA 6/30/16 Vendor Name Payment Number Payment Date Description (Payable) Account Number Amount IMPERIAL IRRIGATION DIST 111608 06/30/2016 06/28/16- ELECTRICITY SERV 215-7004-61116 187.21 IMPERIAL IRRIGATION DIST 111608 06/30/2016 06/28/16- ELECTRICITY SERV 215-7004-61117 474.54 STAPLES ADVANTAGE 111651 06/30/2016 06/11/16- SAFETY MATERIAL 215-7004-60427 146.79 STAPLES ADVANTAGE 111651 06/30/2016 06/11/16- SAFETY MATERIAL 215-7004-60427 146.79 Fund 215 - LIGHTING & LANDSCAPING FUND Total: 14,223.13 Fund: 218 - CV VIOLENT CRIME TASK FORCE ADVANCED IMAGING SOLUTI 111569 06/30/2016 02/23-03/22/16- SVC SUPPL 218-0000-60665 56.24 FRONTIER -GANG TASK FORC 111599 06/30/2016 06/13-07/12/16- CLETS LINE 218-0000-61300 281.23 GETTE, JOHN 111601 06/30/2016 06/27/16- UNIFORM PANTS 218-0000-60690 55.08 LOCK SHOP, THE GANG TASK 111616 06/30/2016 06/15/16- REKEY PD OFFICE 218-0000-60420 170.84 MATOS, MARIANO 111619 06/30/2016 06/27/16- UNIFORM RENTAL 218-0000-60690 37.91 NEXTEL GANG TASK FORCE 111623 06/30/2016 05/12-06/11/16- CELL PHON 218-0000-61300 35.86 SPARKLETTS GANG TASK FOR 111647 06/30/2016 06/02/16- DRINKING WATER 218-0000-61200 36.00 STAPLES GANG TASK FORCE 111652 06/30/2016 06/14/16- OFFICE SUPPLIES 218-0000-60400 321.80 TAPP, MICHAEL 111657 06/30/2016 06/28/16- GAS CARDS JABG 218-0000-60420 957.50 Fund 218 - CV VIOLENT CRIME TASK FORCE Total: 1,952.46 Fund: 237 - SUCCESSOR AGCY PA 1 ADMIN TALL MAN GROUP INC 111656 06/30/2016 03/16- SA REAL ESTATE SVC 237-9001-60104 2,012.50 TALL MAN GROUP INC 111656 06/30/2016 04/16- SA REAL ESTATE SVC 237-9001-60104 962.50 TALL MAN GROUP INC 111656 06/30/2016 05/16- SA REAL ESTATE SVC 237-9001-60104 1,050.00 Fund 237 - SUCCESSOR AGCY PA 1 ADMIN Total: 4,025.00 Fund: 241- HOUSING AUTHORITY WELLS FARGO BUSINESS CAR 111674 06/30/2016 06/16- VISA CARD PAYMENT 241-9101-60320 348.80 Fund 241- HOUSING AUTHORITY Total: 348.80 Fund: 248 - SA 2004 LO/MOD BOND FUND ALTUM GROUP, THE 111572 06/30/2016 06/13/16- WSA DESIGN SVC 248-0000-60185 28,677.40 TALL MAN GROUP INC 111656 06/30/2016 03/16- WSA CONTRACT SVC 248-0000-60185 2,928.75 TALL MAN GROUP INC 111656 06/30/2016 04/16- WSA CONTRACT SVC 248-0000-60185 4,867.50 TALL MAN GROUP INC 111656 06/30/2016 05/16- WSA CONTRACT SVC 248-0000-60185 3,135.00 Fund 248 - SA 2004 LO/MOD BOND FUND Total: 39,608.65 Fund: 270 - ART IN PUBLIC PLACES FUND KRIBBS, BRUCE 111613 06/30/2016 04/12/16- WC ART ELECTRIC 270-0000-43550 665.00 Fund 270 - ART IN PUBLIC PLACES FUND Total: 665.00 Fund: 401- CAPITAL IMPROVEMENT PROGRAMS ECONOLITE CONTROL PROD 111593 06/30/2016 06/10/16- WASHINGTON MA 401-0000-60188 1,019.54 GOLDEN VALLEY CONSTRUCT 111602 06/30/2016 06/28/16- LANDSCAPE SVC F 401-0000-60188 4,915.58 JTB SUPPLY CO., INC. 111611 06/30/2016 06/17/16- COAX CABLE 401-0000-60188 2,480.00 PLANIT REPROGRAPHICS SYS 111628 06/30/2016 06/20/16- SPEC BOOKS 2015 401-0000-60188 170.00 PLANIT REPROGRAPHICS SYS 111628 06/30/2016 06/27/16- SPEC BOOKS 2013 401-0000-60188 204.66 PLANIT REPROGRAPHICS SYS 111628 06/30/2016 06/27/16- BLDG PLAN SPEC 401-0000-60188 184.90 PSOMAS INC 111632 06/30/2016 05/16-07/27/16- CONST SVC 401-0000-60108 1,512.00 PSOMAS INC 111632 06/30/2016 05/16-07/27/16- CONST SVC 401-0000-60108 3,360.00 PSOMAS INC 111632 06/30/2016 05/16-07/27/16- CONST SVC 401-0000-60108 1,232.00 VOLZ DESIGN, DAVID 111670 06/30/2016 06/06/16- DESIGN MILES ME 401-0000-60185 5,176.00 Fund 401- CAPITAL IMPROVEMENT PROGRAMS Total: 20,254.68 Fund: 501- EQUIPMENT REPLACEMENT AUTOZONE 111576 06/30/2016 06/28/16-TK#64 FUSES 501-0000-60678 6.98 CARQUEST 111580 06/30/2016 06/28/16- TK#64 SERVICE 501-0000-60678 102.19 L & L AUTOMOTIVE 111614 06/30/2016 06/17/16-TK#65 SERVICE 501-0000-60676 311.47 L & L AUTOMOTIVE 111614 06/30/2016 06/21/16- TK#48 SERVICE 501-0000-60676 426.35 RAN AUTO DETAIL 111634 06/30/2016 06/12/16- CAR WASH 501-0000-43430 693.00 STONES, CAM AUTOMOTIVE 111653 06/30/2016 06/28/16- TRUCK 38 BATTER 501-0000-60676 229.87 STONES, CAM AUTOMOTIVE 111653 06/30/2016 06/28/16- TRUCK 47 SERVIC 501-0000-60676 337.10 TOWER ENERGY GROUP 111662 06/30/2016 06/01-06/15/16- DIESEL FUE 501-0000-60674 1,543.77 UNITED ROTARY BRUSH COR 111665 06/30/2016 06/24/16- TK#64 SWEEPER 501-0000-60678 729.22 Fund 501- EQUIPMENT REPLACEMENT Total: 4,379.95 Fund: 502 - INFORMATION TECHNOLOGY FIRST AMERICAN DATA TREE 111595 06/30/2016 06/23/16- PROPERTY SEARC 502-0000-60301 2,000.00 7/1/2016 6:29:16 PM Page 4 of 8 26 Demand Register Packet: APPKT00779 - DA 6/30/16 Vendor Name Payment Number Payment Date Description (Payable) Account Number Amount STALMA, PAUL 111648 06/30/2016 06/15/16- INTERN SCHOLAR 502-0000-60320 500.00 WALMART COMMUNITY 111671 06/30/2016 05/19-06/09/16- WALMART 502-0000-80103 1,328.55 WELLS FARGO BUSINESS CAR 111674 06/30/2016 06/16- VISA CARD PAYMENT 502-0000-80100 2,345.07 WELLS FARGO BUSINESS CAR 111674 06/30/2016 06/16- VISA CARD PAYMENT 502-0000-80103 522.08 Fund 502 - INFORMATION TECHNOLOGY Total: 6,695.70 Fund: 601- SILVERROCK RESORT COACHELLA VALLEY WATER 111583 06/30/2016 FY15/16- CVWD ASSESSMEN 601-0000-60203 21,051.84 Fund 601- SILVERROCK RESORT Total: 21,051.84 Grand Total: 962,253.62 7/1/2016 6:29:16 PM Page 5 of 8 27 Demand Register Packet: APPKT00779 - DA 6/30/16 Fund Summary Fund 101-GENERAL FUND 201- GAS TAX FUND 202 - LIBRARY FUND 212 - SLESF (COPS) FUND 215 - LIGHTING & LANDSCAPING FUND 218 - CV VIOLENT CRIME TASK FORCE 237 - SUCCESSOR AGCY PA 1 ADMIN 241- HOUSING AUTHORITY 248 - SA 2004 LO/MOD BOND FUND 270 - ART IN PUBLIC PLACES FUND 401- CAPITAL IMPROVEMENT PROGRAMS 501- EQUIPMENT REPLACEMENT 502 - INFORMATION TECHNOLOGY 601- SILVERROCK RESORT Account Number 101-0000-13600 101-0000-20267 101-0000-20304 101-0000-20306 101-0000-20308 101-0000-20943 101-0000-20945 101-0000-20947 101-0000-20948 101-0000-20955 101-0000-22810 101-0000-22830 101-0000-41415 101-0000-42218 101-0000-42300 101-0000-42305 101-0000-42401 101-0000-42403 101-0000-42404 101-0000-42600 101-0000-42610 101-0000-42615 101-1001-60320 101-1001-60420 101-1002-60101 101-1002-60320 101-1002-60400 101-1004-60103 101-1004-60104 101-1004-60125 101-1004-60320 101-1004-60321 101-1004-60322 101-1004-60400 101-1004-60450 101-1005-60103 101-1005-60420 101-1006-60102 101-1006-60320 101-1007-60104 101-1007-60401 Grand Total: Account Summary Account Name Prepaid Expense Escheated Outstanding Sales Taxes Payable BSAS SB 1473 Fees SMIP Fees Payable Dental Insurance Pay Vision Insurance Pay Life Insurance Pay Add'I Life Insurance Pay Disability Insurance Pay Developer Deposits Miscellaneous Deposits TOT - STVR Registration Wellness Center Membe Cash Over/Short Miscellaneous Reimburs Plumbing Permits Electrical Permits Miscellaneous Permits Plan Check Fees SMIP Fees CBSC Administrative Fee Travel & Training Operating Supplies Contract Services - Admi Travel & Training Office Supplies Professional Services Consultants Temporary Agency Servi Travel & Training Training & Education Training & Education/M Office Supplies Advertising Professional Services Operating Supplies Administration Travel & Training Consultants Operating Supplies Expense Amount 725,367.87 51901.20 54, 616.34 63,163.00 14,223.13 1,952.46 4,025.00 348.80 39,608.65 665.00 20,254.68 4,379.95 6,695.70 21,051.84 962,253.62 Expense Amount 3,501.00 51.00 58.00 883.00 1,368.88 7,453.73 1,484.28 552.90 287.97 4,166.88 5,300.00 100.00 25.00 45.00 100.23 10.80 12.09 24.17 181.29 146.96 -68.44 -88.10 200.00 110.00 12,862.50 199.60 38.63 52.00 1,266.00 514.80 54.48 71.95 39.00 107.13 50.00 13,224.27 24.52 112.67 172.80 226.81 41.90 7/1/2016 6:29:16 PM Page 6 of 8 28 Demand Register Packet: APPKT00779 - DA 6/30/16 Account Summary Account Number Account Name Expense Amount 101-1007-60402 Forms 312.12 101-1007-60403 Citywide Conf Room Sup 232.32 101-1007-60661 Postage Machine 1,029.48 101-1007-61300 Utilities - Telephone 89.99 101-2001-36310 Blood/Alcohol Testing 240.00 101-2001-60109 LQ Police Volunteers 965.00 101-2001-60161 Sheriff - Patrol 416,392.06 101-2001-60162 Patrol Deputy Overtime -47,335.26 101-2001-60163 Target Team 103,410.13 101-2001-60164 Community Services OM 36,358.34 101-2001-60166 Gang Task Force 5,237.55 101-2001-60167 Narcotics Task Force 5,315.52 101-2001-60168 School Officer 5,407.45 101-2001-60169 Motor Officer 55,679.86 101-2001-60170 Dedicated Sargeant 7,377.99 101-2001-60171 Dedicated Lieutenant 5,175.75 101-2001-60172 Sheriff -Mileage 10,407.83 101-2001-60175 Special Enforcement Fun 2,444.84 101-2001-60193 Sexual Assault Exam Fee 231.00 101-2001-61300 Utilities -Telephone 325.63 101-2002-60320 Travel & Training 115.09 101-2002-60406 Disaster Prep Supplies 515.75 101-2002-60410 Printing 500.00 101-2002-60670 Fire Station 5,734.60 101-2002-60671 Repair & Maintenance - 411.39 101-2002-61101 Utilities -Electricity 787.64 101-2002-61400 Utilities - Cable 242.93 101-3001-60320 Travel&Training 309.94 101-3001-60400 Office Supplies 129.55 101-3002-60107 Instructors 147.00 101-3002-60123 Security & Alarm 527.00 101-3002-60420 Operating Supplies 375.96 101-3002-61101 Utilities - Electricity 2,357.05 101-3002-61200 Water- Inside 184.98 101-3003-60107 Instructors 355.08 101-3003-60149 Special Events 49.08 101-3003-60420 Operating Supplies 89.00 101-3005-60554 LQ Park Building 185.00 101-3005-60555 Sports Complex Building 496.00 101-3005-61103 Utilities - Electric - Civic 2,688.51 101-3005-61105 Utilities - Electric - Fritz 1,038.87 101-3005-61106 Utilities - Electric - Sport 1,826.69 101-3005-61111 Utilities - Electric - Velas 15.83 101-3005-61113 Utilities - Electric - Eisen 22.81 101-3005-61204 Utilities- Water -Fritz Bu 578.92 101-3005-61209 Utilities - Water -Commu 3,418.21 101-3007-60352 Subscriptions & Publicati 50.00 101-3007-60461 Marketing & Tourism Pr 15,149.34 101-3008-60108 Technical 183.75 101-3008-60420 Operating Supplies 9.49 101-3008-60432 Small Tools/Equipment 278.57 101-3008-60667 HVAC 56.53 101-3008-60691 Repair & Maintenance 108.64 101-3008-61101 Utilities - Electricity 7,979.11 101-3008-61200 Utilities - Water 113.42 101-7006-60104 Consultants 13,776.00 101-7006-60146 PM 10 SilverRock 296.84 201-7003-60104 Consultants 3,461.00 7/1/2016 6:29:16 PM Page 7 of 8 29 Demand Register Packet: APPKT00779 - DA 6/30/16 Account Summary Account Number Account Name Expense Amount 201-7003-60136 Health Department Per 1,041.00 201-7003-60400 Office Supplies 230.23 201-7003-60429 Signs 90.40 201-7003-60690 Uniforms 189.02 201-7003-61101 Utilities - Electricity 889.55 202-3004-60667 HVAC 147.75 202-3004-61101 Utilities - Electricity 3,492.18 202-3004-80100 Machinery & Equipment 49,700.00 202-3006-61101 Utilities - Electricity 1,128.86 202-3006-61200 Water - Inside 37.80 202-3006-61300 Utilities - Telephone 109.75 212-0000-60178 COPS Robbery Preventio 1,678.68 212-0000-60179 COPS Burglary/Theft Pre 61,484.32 215-7004-60427 Safety Gear 293.58 215-7004-60431 Materials 546.50 215-7004-61116 Utilities - Electric - Signal 2,734.90 215-7004-61117 Utilities - Electric - Medi 1,398.12 215-7004-61211 Utilities - Water - Media 9,250.03 218-0000-60400 Office Supplies 321.80 218-0000-60420 Operating Expenses 1,128.34 218-0000-60665 Maint.-Other Equipment 56.24 218-0000-60690 Uniforms 92.99 218-0000-61200 Utilities - Water 36.00 218-0000-61300 Utilities -Telephone 317.09 237-9001-60104 Consultants 4,025.00 241-9101-60320 Travel & Training 348.80 248-0000-60185 Design 39,608.65 270-0000-43550 APP Maintenance 665.00 401-0000-60108 Technical 6,104.00 401-0000-60185 Design 5,176.00 401-0000-60188 Construction 8,974.68 501-0000-43430 Car Washes 693.00 501-0000-60674 Fuel & Oil 1,543.77 501-0000-60676 Vehicle Repair & Mainte 1,304.79 501-0000-60678 Street Sweeper 838.39 502-0000-60301 Software Licenses 2,000.00 502-0000-60320 Travel &Training 500.00 502-0000-80100 Machinery & Equipment 2,345.07 502-0000-80103 Computers 1,850.63 601-0000-60203 Maintenance 21,051.84 Grand Total: 962,253.62 Project Account Summary Project Account Key Expense Amount **None** 897,090.29 05-017E 5,300.00 131402CT 184.90 131407CT 3,499.54 131412CT 204.66 14151OCT 4,915.58 151601CT 170.00 151602 D 5,176.00 151605T 3,360.00 151613T 1,512.00 151614T 1,232.00 999901D 39,608.65 Grand Total: 962,253.62 7/1/2016 6:29:16 PM Page 8 of 8 30 j---� City of La Quinta, CA Vendor Name Payment Number Fund: 101-GENERAL FUND CALPERS LONG-TERM CARE 111677 FRANCHISE TAX BOARD 111678 RIVERSIDE DEPARTMENT OF 111679 UNITED WAY OF THE DESERT 111680 Payment Date 07/01/2016 07/01/2016 07/01/2016 07/01/2016 Demand Register Packet: APPKT00780 - DA 7/01/16 Description (Payable) Account Number Amount LONG TERM CARE 101-0000-20949 144.16 GARNISHMENT 101-0000-20985 125.00 GARNISHMENT 101-0000-20985 200.00 CONTRIBUTION 101-0000-20981 30.00 Fund 101- GENERAL FUND Total: 499.16 Grand Total: 499.16 7/5/2016 11:37:04 AM Page 1 of 2 31 Demand Register Packet: APPKT00780 - DA 7/01/16 Fund Summary Fund Expense Amount 101- GENERAL FUND 499.16 Grand Total: 499.16 Account Summary Account Number Account Name Expense Amount 101-0000-20949 LT Care Insurance Pay 144.16 101-0000-20981 United Way Deductions 30.00 101-0000-20985 Garnishments Payable 325.00 Grand Total: 499.16 Project Account Summary Project Account Key Expense Amount **None** 499.16 Grand Total: 499.16 7/5/2016 11:37:04 AM Page 2 of 2 32 Demand Register f City of La Quinta, CA Packet: APPKT00787 - DA 7/8/16 Y Vendor Name Payment Number Payment Date Description (Payable) Account Number Amount Fund: 101-GENERAL FUND 41MPRINT 111681 07/08/2016 06/03/16-WC PT STAFF SHIR 101-0000-20304 -16.02 41MPRINT 111681 07/08/2016 06/03/16-WC PT STAFF SHIR 101-3003-60420 216.22 ACCOUNTEMPS 111682 07/08/2016 06/17/16- TEMP STAFFING 101-1004-60125 514.80 AMERIPRIDE SERVICES INC 111684 07/08/2016 06/09-06/23/16- WC JANITO 101-3002-60115 133.06 BLACK & COMPANY LLC, TERI 111686 07/08/2016 06/02/16- FINANCE DIRECTO 101-1004-60104 4,750.00 CALIBER 111687 07/08/2016 06/07/16-CADET ACADEMY 101-2001-60175 2,818.80 CINTAS FIRST AID & SAFETY 111688 07/08/2016 06/29/16- IVIED KITS 12 LOCA 101-2002-60406 2,729.59 COACHELLA VALLEY COMMU 111689 07/08/2016 06/24/16- DONATION CVCT- 101-1001-60510 1,000.00 DAIOHS FIRST CHOICE SERVI 111690 07/08/2016 06/24/16- COFFEE SUPPLIES 101-1007-60403 327.57 DAIOHS FIRST CHOICE SERVI 111690 07/08/2016 06/28/16- COFFEE SUPPLIES 101-1007-60403 -60.43 DEPARTMENT OF JUSTICE 111691 07/08/2016 04/16- BLOOD ALCOHOL 101-2001-36310 105.00 DEPARTMENT OF JUSTICE 111691 07/08/2016 05/16- BLOOD ALCOHOL 101-2001-36310 140.00 DESERTARC 111693 07/08/2016 06/28/16-POLICE VOLUNTEE 101-2001-60175 164.16 IMPERIAL IRRIGATION DIST 111695 07/08/2016 05/19-06/20/16- ELECTRICIT 101-2002-61101 1,212.60 IMPERIAL IRRIGATION DIST 111695 07/08/2016 05/19-06/20/16- ELECTRICIT 101-3005-61102 12.34 IMPERIAL IRRIGATION DIST 111695 07/08/2016 05/19-06/20/16- ELECTRICIT 101-3005-61109 2,549.67 IMPERIAL IRRIGATION DIST 111695 07/08/2016 05/19-06/20/16- ELECTRICIT 101-3005-61110 55.38 IMPERIAL IRRIGATION DIST 111695 07/08/2016 05/19-06/20/16- ELECTRICIT 101-3005-61114 13.15 LA QUINTA RESORT & CLUB 111697 07/08/2016 08/27/16- GOLF BANQUET D 101-3003-60420 900.00 LAUREANO, SANDRA 111698 07/08/2016 06/17/16- TRAVEL REIMB 101-1006-60320 193.25 MOYA, DANIEL 111700 07/08/2016 04/26/16- CLEAR EISENHOW 101-6004-60120 200.00 MOYA, DANIEL 111700 07/08/2016 05/07/16- WEED ABATEMEN 101-6004-60120 250.00 POWERS AWARDS INC 111702 07/08/2016 05/31/16- SPECIAL ENFORCE 101-2001-60175 59.72 PRYOR SEMINARS, FRED 111703 07/08/2016 08/08/16-OSHA TRAINING 101-1004-60320 179.00 RASA/ERIC NELSON 111705 07/08/2016 06/27/16- PM 2016-0002 101-7002-60183 190.00 RASA/ERIC NELSON 111705 07/08/2016 06/27/16- PM 2016-0003 101-7002-60183 190.00 RASA/ERIC NELSON 111705 07/08/2016 06/27/16- ROW 2016-6801 101-7002-60183 190.00 RIVERSIDE COUNTY INFORM 111706 07/08/2016 10/01/14-06/01/16- MOTOR 101-2001-60176 19,655.62 RIVERSIDE COUNTY SHERIFF 111707 07/08/2016 04/16-05/16-JAIL ACCESS FE 101-2001-36280 16,964.30 ROGERS, ANDERSON, MALO 111708 07/08/2016 O5/16- PROFESSIONAL SVC 101-1006-60103 609.00 SHOVE, TED 111710 07/08/2016 06/17/16- TUITION REIMB 101-1004-60322 926.02 SHRED -IT USA - SAN BERNAD 111711 07/08/2016 06/17/16- LQPD SHREDDING 101-2001-60109 17.95 STATE CONTROLLER'S OFFICE 111714 07/08/2016 05/27/16-SSN REQUESTS 101-6004-60111 91.45 SUNTECH CONSULTING & RO 111715 07/08/2016 06/27/16- ROOF REPAIR LQ P 101-3005-60554 990.00 SUNTECH CONSULTING & RO 111715 07/08/2016 06/27/16- ROOF REPAIR BLK 101-3005-60554 520.00 SURVIVAL MODE 111716 07/08/2016 06/24/16- EMERGENCY BAC 101-2002-60406 1,366.20 TOP OF THE LINE SIGNS 111718 07/08/2016 06/27/16- PARK SIGNS 101-2001-60175 670.68 TRAFFEX ENGINEERS INC 111720 07/08/2016 06/16- ENGINEERING SERVIC 101-7006-60144 23,572.50 UBBEN, PAULA JO 111721 07/08/2016 03/16-06/16-GEM GRAPHIC 101-3007-60461 500.00 WILLDAN 111722 07/08/2016 05/27/16- LQ E&T SURVEY 101-7001-60104 855.65 Fund 101- GENERAL FUND Total: 85,757.23 Fund: 201- GAS TAX FUND MOWERS PLUS INC 111699 07/08/2016 06/27/16- MATERIALS 201-7003-60431 284.19 SPARKLETTS 111713 07/08/2016 06/17/16- DRINKING WATER 201-7003-60400 71.87 TOPS'N BARRICADES INC 111719 07/08/2016 06/16/16- SIGNS 201-7003-60429 157.46 TOPS'N BARRICADES INC 111719 07/08/2016 06/20/16- SIGN POSTS 201-7003-60429 762.05 TOPS'N BARRICADES INC 111719 07/08/2016 06/22/16-SIGN POST ANCH 2O1-7003-60429 344.25 Fund 201- GAS TAX FUND Total: 1,619.82 Fund: 215 - LIGHTING & LANDSCAPING FUND DESERT ELECTRIC SUPPLY 111692 07/08/2016 06/20/16- ELECTRICAL LAMP 215-7004-60431 27.60 IMPERIAL IRRIGATION DIST 111695 07/08/2016 05/19-06/20/16- ELECTRICIT 215-7004-61116 3,169.94 IMPERIAL IRRIGATION DIST 111695 07/08/2016 05/19-06/20/16- ELECTRICIT 215-7004-61117 1,159.29 7/7/2016 7:46:41 PM Page 1 of 4 33 Demand Register Packet: APPKT00787 - DA 7/8/16 Vendor Name Payment Number Payrnent Date Description (Payable) Account Number, Amount INLAND POWER EQUIPMENT 111696 07/08/2016 06/30/16- SAW BLADE 215-7004-60431 69.01 Fund 215 - LIGHTING & LANDSCAPING FUND Total: 4,425.84 Fund: 218 - CV VIOLENT CRIME TASK FORCE ADVANCED IMAGING SOLUTI 111683 07/08/2016 06/23-07/22/16- SVC SU PPLI 218-0000-60665 53.46 FRONTIER -GANG TASK FORC 111694 07/08/2016 06/22-07/21/16- PHONE SVC 218-0000-61300 229.13 Fund 218 - CV VIOLENT CRIME TASK FORCE Total: 282.59 Fund: 401- CAPITAL IMPROVEMENT PROGRAMS BENGAL ENGINEERING INC 111685 07/08/2016 05/14-06/08/16- DUNE PAL 401-0000-60185 4,702.50 Fund 401- CAPITAL IMPROVEMENT PROGRAMS Total: 4,702.50 Fund: 501- EQUIPMENT REPLACEMENT RAN AUTO DETAIL 111704 07/08/2016 06/25/16- CAR WASH 501-0000-43430 553.00 SAM'S CYCLE SERVICE 111709 07/08/2016 06/07/16- 06 HONDA MAINT 501-0000-60679 1,302.11 SAM'S CYCLE SERVICE 111709 07/08/2016 .06/17/16- 06 HONDA MAINT 501-0000-60679 107.81 Fund 501- EQUIPMENT REPLACEMENT Total: 1,962.92 Fund: 502 - INFORMATION TECHNOLOGY PCMG INC 111701 07/08/2016 06/24/16- LICENSE RENEWA 502-0000-60421 839.88 SIGMANET 111712 07/08/2016 06/16- RIM MANAGEMENTS 502-0000-60104 13,050.00 TIME WARNER CABLE 111717 07/08/2016 07/01-07/31/16- CITY HALL 502-0000-61400 126.09 Fund 502 - INFORMATION TECHNOLOGY Total: 14,015.97 Grand Total: 112,766.87 7/7/2016 7:46:41 PM Page 2 of 4 34 Demand Register Packet: APPKT00787 - DA 7/8/16 Fund Summary Fund 101-GENERAL FUND 201- GAS TAX FUND 215 - LIGHTING & LANDSCAPING FUND 218 - CV VIOLENT CRIME TASK FORCE 401- CAPITAL IMPROVEMENT PROGRAMS 501- EQUIPMENT REPLACEMENT 502 - INFORMATION TECHNOLOGY Account Number 101-0000-20304 101-1001-60510 101-1004-60104 101-1004-60125 101-1004-60320 101-1004-60322 101-1006-60103 101-1006-60320 101-1007-60403 101-2001-36280 101-2001-36310 101-2001-60109 101-2001-60175 101-2001-60176 101-2002-60406 101-2002-61101 101-3002-60115 101-3003-60420 101-3005-60554 101-3005-61102 101-3005-61109 101-3005-61110 101-3005-61114 101-3007-60461 101-6004-60111 101-6004-60120 101-7001-60104 101-7002-60183 101-7006-60144 201-7003-60400 201-7003-60429 201-7003-60431 215-7004-60431 215-7004-61116 215-7004-61117 218-0000-60665 218-0000-61300 401-0000-60185 501-0000-43430 501-0000-60679 502-0000-60104 502-0000-60421 502-0000-61400 Grand Total: Account Summary Account Name Sales Taxes Payable Contingency Consultants Temporary Agency Servi Travel & Training Training & Education/M Professional Services Travel & Training Citywide Conf Room Sup Booking Fees Blood/Alcohol Testing LQ Police Volunteers Special Enforcement Fun Sheriff - Other Disaster Prep Supplies Utilities - Electricity Janitorial Operating Supplies LQ Park Building Utilities - Electric - Monti Utilities - Electric - Com Utilities - Electric - Adam Utilities - Electric - Deser Marketing & Tourism Pr Administrative Citation S Lot Cleaning Consultants Map/Plan Checking Contract Traffic Engineer Office Supplies Signs Materials Materials Utilities - Electric - Signal Utilities - Electric - Medi Maint.-Other Equipment Utilities - Telephone Design Car Washes Motorcycle Repair & Ma Consultants Supplies - Software Utilities - Cable Grand Total: Expense Amount 85,757.23 1,619.82 4,425.84 282.59 4,702.50 1,962.92 14,015.97 112,766.87 Expense Amount -16.02 1,000.00 4,750.00 514.80 179.00 926.02 609.00 193.25 267.14 16,964.30 245.00 17.95 3,713.36 19,655.62 4,095.79 1,212.60 133.06 1,116.22 1,510.00 12.34 2,549.67 55.38 13.15 500.00 91.45 450.00 855.65 570.00 23,572.50 71.87 1,263.76 284.19 96.61 3,169.94 1,159.29 53.46 229.13 4,702.50 553.00 1,409.92 13,050.00 839.88 126.09 112,766.87 7/7/2016 7:46:41 PM 35 Page 3 of 4 Demand Register Packet: APPKT00787 - DA 7/8/16 Project Account Key **None** 091004D Project Account Summary Grand Total: Expense Amount 108,064.37 4,702.50 112,766.87 7/7/2016 7:46:41 PM Page 4 of 4 36 • r arm yqR Y4 + Canceled Payables City of La Quinta, CA Vendor Set: 01- Vendor Set 01 Bank: APBNK-APBNK Vendor Number Vendor Name 03021 POLAR BARR AIR CONDITIONING INC. Payment Type Payment Number Check 111373 Payable Number: Description 26961-R AC REPAIR 27817-R A/C REPAIR Payment Reversal Register APPKT00776 - DA 6/29/16 Original Payment Date Reversal Date Cancel Date 06/10/2016 06/29/2016 06/29/2016 Payable Date Due Date 05/27/2016 06/10/2016 05/25/2016 06/10/2016 Total Vendor Amount -708.00 Payment Amount -708.00 Payable Amount 354.00 354.00 7/11/2016 5:13:13 PM Page 1 of 2 37 Payment Reversal Register Bank Code APBNK Report Total: Canceled Payables Payables Left To Pay Again -708.00 0.00 -708.00 0.00 Packet: APPKT00776 - DA 6/29/16 Bank Code Summary Total -708.00 -708.00 7/11/2016 5:13:13 PM Page 2 of 2 38 ATTACHMENT 2 CITY OF LA QUINTA BANK TRANSACTIONS 06/25/16 - 07/08/16 06/30/16 WIRE TRANSFER - PERS 07/01/16 WIRE TRANSFER - ICMA 07/01/16 WIRE TRANSFER - LQCEA 07/05/16 WIRE TRANSFER - PERS HEALTH 07/06/16 WIRE TRANSFER - TASC 07/07/16 WIRE TRANSFER - PERS 07/07/16 WIRE TRANSFER - LANDMARK TOTAL WIRE TRANSFER OUT $35,334.72 $5,469.00 $416.50 $93,115.87 $1,038.52 $12.91 $114,605.37 $249,992.89 39 40 City of La Quinta CITY COUNCIL MEETING: July 19, 2016 STAFF REPORT AGENDA TITLE RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED MAY 30, 2016 RECOMMENDATION Receive and file revenue and expenditure report dated May 30, 2016. EXECUTIVE SUMMARY Revenue and expenditure reports are submitted monthly for City Council review. The report summarizes the City's year-to-date (YTD) revenues and expenditures for May 2016 (Attachment 1). FISCAL IMPACT - None. BACKGROUND/ANALYSIS Revenues Below is a summary of the column headers used on the Revenue Summary Report All Funds: Original Total Budge t-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 year to date (YTD). For example, the May report shows revenues collected in May in the Period Activity column, but revenues collected from the beginning of the FY through the end of the reporting month for 2015/16 are presented in the Fiscal Activity column. 41 Variance Favorable/ (Unfavorable) - represents the difference between YTD collections and the budgeted amount. 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. May Revenues $7.1 million in General Fund revenue was collected in May bringing the total YTD collections to 80 percent ($31.9 million). Total collections for all funds were $9.5 million, bringing total collections to 61 percent ($57.9 million). The bulk of General Fund payments consisted of: $1,100,776 - transient occupancy tax (TOT) $1,148,606 - sales tax $1,817,766 - motor vehicle in lieu $2,050,694 - property tax including no -low apportionment. The larger non -General Fund payments received in May consisted of: $70,446 - gas tax revenue $339,695 - Community Development Block Grant reimbursement $512,110 - SilverRock Resort revenue. 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 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 May 42 report shows expenditures made in the Period Activity column, but expenditures made during the fiscal year from July 2015 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. May Expenditures General Fund expenditures in May total $2.2 million bringing the total YTD expenditures to 60 percent. Of the $2.2 million, $504,670 is related to personnel costs (salaries, benefits, etc.). In addition to personnel costs, the other larger General Fund expenditures in May were: $949,192 for contract police services (2/4/2016 to 3/2/2016)) $57,405 plan check services (12/2015 to 4/2016) $32,229 marketing and tourism promotions. Total expenditures for all funds in May were $3.01 million. The larger non -General Fund expenditures were: $320,363 for SilverRock resort contract golf management costs $44,026 for landscape services $20,804 for library parking desert landscaping. 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 versus expenditures is funded from the City's cash flow reserve. Prepared by: Karla Campos, Finance Director Approved by: Frank J. Spevacek, City Manager Attachments: 1. Revenue and Expenditure Reports for May 2016 43 44 REVENUE SUMMARY REPORT ALL FUNDS City of La Quinta, CA May2016 For Fiscal: 2015/16 Period Ending: 05/31/2016 Variance Original Current Period Fiscal Favorable Percent Fund Total Budget Total Budget Activity Activity (Unfavorable) Used 101- GENERAL FUND 38611700.00 39,734,100.00 7,177,223.55 31,922,101.10 -7,811,998.90 80.34 % 201-GAS TAX FUND 1438700.00 1,438,700.00 70,446.75 718,131.90 -720,568.10 49.92% 202 - LIBRARY FUND 2206000.00 2,206,000.00 0.00 1,121,743.45 -1,084,256.55 50.85 % 210 - FEDERAL ASSISTANCE FUND 145000.00 145,000.00 5,610.00 5,610.00 -139,390.00 3.87 % 212 - SLESF (COPS) FUND 100100.00 100,100.00 8,333.33 107,090.86 6,990.86 106.98 % 213-JAG FUND 12000.00 12,000.00 0.00 5,000.00 -7,000.00 41.67 % 215 - LIGHTING & LANDSCAPING FUND 1452800.00 1,452,800.00 389,343.54 898,805.12 -553,994.88 61.87 % 218 - CV VIOLENT CRIME TASK FORCE 0.00 23,086.00 0.00 28,711.92 5,625.92 124.37 % 219 - ASSET FORFEITURE 0.00 0.00 0.00 47.47 47.47 0.00 % 220 - QUIMBY FUND 87000.00 87,000.00 0.00 29,088.40 -57,911.60 33.43 % 221- AB 939 2500.00 2,500.00 0.00 3,806.92 1,306.92 152.28 % 223 - MEASURE A 749500.00 749,500.00 45,123.53 536,705.67 -212,794.33 71.61 % 224 - TU M F 0.00 0.00 0.00 184.85 184.85 0.00 % 225 - INFRASTRUCTURE FUND 0.00 0.00 0.00 121.19 121.19 0.00 % 231- SUCCESSOR AGCY PA 1 RORF 0.00 0.00 28.29 7,477,754.40 7,477,754.40 0.00 % 235 - SO COAST AIR QUALITY FUND 45300.00 45,300.00 0.00 37,110.71 -8,189.29 81.92 % 237 - SUCCESSOR AGCY PA 1 ADMIN 0.00 0.00 0.00 221,122.00 221,122.00 0.00 % 241- HOUSING AUTHORITY 245900.00 245,900.00 23,913.00 293,507.24 47,607.24 119.36 % 242 - HOUSING AUTHORITY PA2 620300.00 620,300.00 0.00 527,149.24 -93,150.76 84.98 % 249 - SA 2011 LOW/MOD BOND FUND 0.00 0.00 126.53 1,412.84 1,412.84 0.00 % 250 -TRANSPORTATION DIF FUND 657700.00 657,700.00 31,064.24 458,583.93 -199,116.07 69.73 % 251- PARKS & REC DIF FUND 350000.00 350,000.00 14,336.00 212,992.00 -137,008.00 60.85 % 252 - CIVIC CENTER DIF FUND 200000.00 200,000.00 7,208.70 107,122.75 -92,877.25 53.56 % 253 - LIBRARY DEVELOPMENT DIF 65000.00 65,000.00 2,408.00 35,776.00 -29,224.00 55.04 % 254 - COMMUNITY CENTER DIF 39700.00 39,700.00 903.00 13,917.02 -25,782.98 35.06 % 255 - STREET FACILITY DIF FUND 35000.00 35,000.00 1,194.34 21,492.17 -13,507.83 61.41 % 256 - PARK FACILITY DIF FUND 7000.00 7,000.00 280.00 4,161.62 -2,838.38 59.45 % 257 - FIRE PROTECTION DIF 80000.00 80,000.00 3,314.46 49,253.82 -30,746.18 61.57 % 270 - ART IN PUBLIC PLACES FUND 98500.00 98,500.00 2,861.49 43,067.35 -55,432.65 43.72 % 299 - INTEREST ALLOCATION FUND 0.00 0.00 42,095.19 86,063.19 86,063.19 0.00 % 310 - LQ FIN AUTHORITY DEBT SVC 0.00 671,000.00 673,074.75 675,509.29 4,509.29 100.67 % 401- CAPITAL IMPROVEMENT PROGRAMS 14697718.00 39,008,234.17 339,695.65 6,268,062.25 -32,740,171.92 16.07 % 501- EQUIPMENT REPLACEMENT 533000.00 533,000.00 55,478.60 531,064.47 -1,935.53 99.64 % 502 - INFORMATION TECHNOLOGY 758400.00 758,400.00 43,583.00 482,883.33 -275,516.67 63.67 % 503 - PARK EQUIP & FACILITY FND 548300.00 548,300.00 45,608.00 514,142.42 -34,157.58 93.77 % 504 - INSURANCE FUND 608000.00 817,000.00 50,058.34 724,808.44 -92,191.56 88.72 % 601- SILVERROCK RESORT 3942500.00 3,942,500.00 512,110.88 3,761,419.11 -181,080.89 95.41 % 602 - SILVERROCK GOLF RESERVE 68500.00 68,500.00 0.00 1,883.46 -66,616.54 2.75 % Report Total: 68,406,118.00 94,742,120.17 9,545,423.16 57,927,407.90 -36,814,712.27 61.14 % 7/11/2016 12:56:21 PM Page 1 of 2 45 EXPENDITURE SUMMARY REPORT ALL FUNDS .i`<. City of La Quinta, CA May 2016 For Fiscal: 2015/16 Period Ending: 05/31/2016 Variance Original Current Period Fiscal Favorable Percent Fund Total Budget Total Budget Activity Activity (Unfavorable) Used 101 - GENERAL FUND 42065500.00 44,297,190.27 2,261,950.52 26,739,989.84 17,553,200.43 60.37 % 201 - GAS TAX FUND 1286200.00 1,323,100.00 111,923.72 1,167,432.96 155,667.04 88.23 % 202 - LIBRARY FUND 1761400.00 2,697,659.37 22,163.24 1,664,331.21 1,033,328.16 61.70 % 210 - FEDERAL ASSISTANCE FUND 0.00 422,706.00 0.00 0.00 422,706.00 0.00 % 212 - SLESF (COPS) FUND 0.00 0.00 0.00 0.00 0.00 0.00 % 213 -JAG FUND 0.00 0.00 0.00 0.00 0.00 0.00 % 215 - LIGHTING & LANDSCAPING FUND 1452800.00 1,452,800.00 93,980.90 1,099,845.51 352,954.49 75.71 % 218 - CV VIOLENT CRIME TASK FORCE 55650.00 46,634.00 3,943.10 29,442.78 17,191.22 63.14 % 220 - QUIMBY FUND 3620000.00 4,408,248.14 0.00 557,847.62 3,850,400.52 12.65 % 221- AB 939 61500.00 61,500.00 650.00 19,525.35 41,974.65 31.75 % 223 - MEASURE A 1105500.00 1,228,640.55 0.00 573,105.11 655,535.44 46.65 % 225 - INFRASTRUCTURE FUND 0.00 0.00 0.00 0.00 0.00 0.00 % 231- SUCCESSOR AGCY PA 1 RORF 0.00 0.00 0.00 11,164,756.51 -11,164,756.51 0.00 % 235 - SO COAST AIR QUALITY FUND 0.00 0.00 0.00 21,823.31 -21,823.31 0.00 % 237 - SUCCESSOR AGCY PA 1 ADMIN 0.00 0.00 5,851.00 62,380.00 -62,380.00 0.00 % 241- HOUSING AUTHORITY 384000.00 384,000.00 19,221.32 357,202.67 26,797.33 93.02 % 242 - HOUSING AUTHORITY PA2 621000.00 621,000.00 125.00 436,892.27 184,107.73 70.35 % 249 - SA 2011 LOW/MOD BOND FUND 0.00 0.00 0.00 0.00 0.00 0.00 % 250 -TRANSPORTATION DIF FUND 1731400.00 3,111,776.26 0.00 529,953.46 2,581,822.80 17.03 % 251 - PARKS & REC DIF FUND 0.00 0.00 0.00 0.00 0.00 0.00 % 252 - CIVIC CENTER DIF FUND 0.00 0.00 0.00 47,312.58 -47,312.58 0.00 % 253 - LIBRARY DEVELOPMENT DIF 0.00 0.00 0.00 9,393.26 -9,393.26 0.00 % 254- COMMUNITY CENTER DIF 0.00 0.00 0.00 0.00 0.00 0.00 % 255 - STREET FACILITY DIF FUND 0.00 0.00 0.00 12,749.89 -12,749.89 0.00 % 256 - PARK FACILITY DIF FUND 0.00 0.00 0.00 3,643.25 -3,643.25 0.00 % 257 - FIRE PROTECTION DIF 0.00 0.00 0.00 4,166.73 -4,166.73 0.00 % 270 - ART IN PUBLIC PLACES FUND 129000.00 329,000.00 1,566.00 112,347.00 216,653.00 34.15 % 299 - INTEREST ALLOCATION FUND 0.00 0.00 0.00 0.00 0.00 0.00 % 310 - LQ FIN AUTHORITY DEBT SVC 678076.00 678,076.00 0.00 675,509.25 2,566.75 99.62 % 401- CAPITAL IMPROVEMENT PROGRAMS 190400.00 37,740,801.10 98,129.81 5,274,401.15 32,466,399.95 13.98 % 501- EQUIPMENT REPLACEMENT 705700.00 898,065.00 18,344.73 558,147.92 339,917.08 62.15 % 502 - INFORMATION TECHNOLOGY 608300.00 753,600.00 41,496.92 475,567.59 278,032.41 63.11 % 503 - PARK EQUIP & FACILITY FND 704500.00 704,500.00 0.00 40,129.61 664,370.39 5.70 % 504 - INSURANCE FUND 608000.00 817,000.00 3,366.00 675,624.20 141,375.80 82.70 % 601- SILVERROCK RESORT 4375100.00 4,375,100.00 330,900.81 3,711,049.67 664,050.33 84.82 % 602 - SILVERROCK GOLF RESERVE 0.00 0.00 0.00 0.00 0.00 0.00 % Report Total: 62,144,026.00 106,351,396.69 3,013,613.07 56,024,570.70 50,322,825.99 52.68 % 7/11/2016 12:55:31 PM Page 1 of 2 46 City of La Quinta CITY COUNCIL MEETING: July 19, 2016 STAFF REPORT AGENDA TITLE: APPROVE AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH JNS MEDIA SPECIALISTS FOR ART ON MAIN STREET EVENT MARKETING SERVICES RECOMMENDATION Approve Amendment No. 3 to professional services agreement with JNS Media Specialists. EXECU I IVE SUMMARY On July 5, Council discussed findings from the recent Community Art Workshop and reviewed three proposals from organizations looking to continue an art series in the Village, including one from Old Town La Quinta (Old Town). Council directed staff to work with Old Town to further understand their proposal. Staff met with Old Town and both parties concluded that City should amend its current contract with JNS Media and commit up to $20,000 to market Art on Main Street (AOMS). FISCAL IMPACT Funds are available in the 2016/17 Marketing budget. The contract for JNS Media would increase from $134,829 to $154,829 for 2016/17. BACKGROUND/ANALYSIS City staff met with Old Town to discuss the City's role in sponsoring the AOMS program. AOMS will occur on the following dates: October 15, November 12 and 26, 2016 and January 21, February 4 and 18, March 18, and April 8, 2017. Old Town staff are committed to guidelines discussed by Council during the July 5, 2016 Study Session, which include: AOMS will occur at Old Town Maintain high level of quality Good of mix of artists Include a charitable component. Old Town staff has chosen Old Town Artisan Studio and La Quinta Historical Society as their non-profit partners for the 2016/17 season. They will manage all volunteers. 47 Both parties concluded that the City's role should entail event marketing. This can be accomplished by having the City contract directly with its current media specialist, JNS Media Specialists. These costs would be identified as AOMS expenses on all invoices. All creative marketing campaigns would be the responsibility of Old Town staff and JNS Media Specialists. Prepared by: Marcie Graham, Marketing & Events Supervisor Approved by: Chris Escobedo, Community Resources Director Attachment: 1. Amendment No. 3 to the JNS Media Specialists Agreement 48 AMENDMENT NO.3 TO PROFESSIONAL SERVICES AGREEMENT FOR PRINT AND MEDIA MARKETING SERVICES THIS AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT FOR PRINT AND MEDIA MARKETING SERVICES ("Amendment No. 2") is made and entered into as of the first day of July, 2016 ("Effective Date"), by and between the CITY OF LA QUINTA ("City"), a California municipal corporation, and JNS MEDIA SPECIALISTS ("JNS" or "Consultant"). RECITALS A. On or about July 1, 2014 the City and Consultant entered into that certain Professional Services Agreement for Print and Media Marketing Services ("Agreement"). The term of the original agreement expired June 30, 2015. B. Pursuant to Section 3.4, Term of the original Agreement, the City may extend the term of the agreement upon mutual agreement by both parties. C. On or about July 1, 2015 and 2016 the City and Consultant mutually agreed to amend the Professional Services Agreement for Print and Media Marketing Services ("Amendment No.s 1 & 2") extending the term of the original agreement and modifying Section 2.1, Contract Sum, Exhibit A, and Exhibit B. D. City and Consultant now wish to amend the Agreement to modify Section 2.1, Contract Sum, Section 3.4, Term, Exhibit A, and Exhibit B, to include the annual city marketing plan and to address the addition of marketing funds to be used strictly for promotion of the Art on Main Street event series ("AOMS") as identified during the July 5, 2016 City Council meeting. I_AuWl1]u1Q11 In consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows: 1. SECTION 2.1 OF THE AGREEMENT IS STRUCK IN ITS ENTIRETY AND AMENDED TO READ: 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 Fifty -Four Thousand Eight Hundred Twenty -Nine Dollars ($154,829) (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 49 exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Consultant's overall compensation shall not exceed the Contract Sum, except as provided in Section 1.6 of this Agreement, "Additional Services." 2. SECTION 3.4, TERM, IS HEREBY AMENDED TO COMMENCE ON JULY 1, 2016 AND TERMINATE JUNE 30, 2017. 3. EXHIBIT A OF THE AGREEMENT IS STRUCK IN ITS ENTIRETY AND AMENDED TO READ: Exhibit A Scope of Services City of La Quinta Marketing Budget/Plan Consultant will develop a budget that includes a strategic media plan that will support local businesses and improve tourism to La Quinta. The plan will contain specific information on research, demographics, and how Consultant will plan, coordinate, oversee, and manage all print and electronic advertising/marketing efforts including, but not limited to media placement, recommendations, optimizations, reporting, and verifying insertion of approved media advertising. Marketing plan will include but not limited to Print, Television, Radio, etc. A portion of the marketing plan will be to support Shoulder Season Events, CVB Co-op opportunities, local co-op opportunities, local and regional messaging. Print and Electronic Consultant will research print media, television, and radio media to best reach predetermined target audience. Print Media will include regional publications such as Locale Magazine and local publications such as: The Desert Sun, Travel Host Magazine, Palm Springs Life, etc. Consultant will also develop an airport display in a high -traffic area to capture fly market tourists. Television will include: Time Warner Cable on such Networks for Women 35+ as Bravo, Lifetime, WE, A & E, Food, E, HGTV, Oxygen, Own, ABC Family. Networks for Men 35+ include: FOX News, CNN, MSNBC, ESPN, FOX Sports, AMC, FX, history, TNT, TBS. To reach the Millennial target group networks such as MTV, Animal Planet, Discovery, ESPN, FOX Sports, Spike, Game Show Network, Music Choice, Nick at Nite, SYFI). Radio will include CBS Radio in regional drive market and local market. This plan will include FREE Live Mentions talking about the many experiences tourists and valley residents will receive by visiting the Gem of the Desert "La Quinta." They will also promote Events through these live mentions. 50 Building the Audience The goals of this campaign are as follows: 1) Coordinate with Graphtek Interactive to maintain the City of La Quinta's messaging. 2) Create awareness 3) Inspire Consumers to make a trip to La Quinta 4) Engage audiences that support the assets in La Quinta a) Outdoor Adventure (Hiking, Biking, etc.) b) Health and Wellness c) Arts & Culture d) Events Creative Consultant will develop creative compatible and consistent with online creative that depicts the essence of La Quinta. Creative will be designed to showcase the wide array of activities and experiences for residents and tourists. Creative will include the development of a new "Guide to La Quinta" promoting upcoming "Signature Events," Local events, Restaurants, Places of interest, Shopping, and other programs. Consultant will produce and distribute this brochure to hotels, visitor centers, etc. around the Coachella Valley. Monitoring & Reporting Consultant will implement a monitoring system and will provide a Monthly, Quarterly, and an Annual report showing the effectiveness of campaigns. Marketing Plan for AOMS Consultant will develop a Marketing Plan for Art on Main Street event during the 2016/17 season. The strategy behind the marketing plan will be to promote and encourage locals and visitors to attend the 8-series event in Old Town La Quinta. Consultant will research print and radio media to best reach predetermined target audience. Print Media will include regional publications such as the Desert Sun, Desert Entertainer, Canada South Magazine, Desert Art Scene, Travel Host, CV Weekly, La Quinta Gem. Radio will include select Alpha Media stations in the local market including a mix of Country, News/Talk, and Jazz stations. 4. EXHIBIT B OF THE AGREEMENT IS STRUCK IN ITS ENTIRETY AND AMENDED TO READ: Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.2 of this Agreement, the maximum total compensation to be paid to Consultant under this Agreement is not to exceed One Hundred Fifty -Four Thousand Eight Hundred Twenty -Nine Dollars ($154,829) ("Contract Sum"). The Contract Sum shall be paid to Consultant in installment payments made on a monthly basis and in an amount identified in Consultants Schedule of 51 Compensation attached hereto for the work tasks performed and properly invoiced as by Consultant in conformance with Section 2.2 of the Agreement. 5. DEFINED TERMS. Except as defined in this Amendment No. 2, all capitalized words and phrases shall have the same meaning ascribed to them in the Agreement. 6. REMAINING TERMS AND CONDITIONS. Except as specifically amended by this Amendment No. 3, all terms and conditions in the Agreement shall remain in full force and effect. [signatures on next page] 52 IN WITNESS WHEREOF, the City and JNS have executed this Amendment No. 2 to the Professional Services Agreement for Print and Media Marketing Services on the respective dates set forth below. CITY: CITY OF LA QUINTA a California municipal corporation Frank J. Spevacek, City Manager ATTEST: Susan Maysels, City Clerk APPROVED AS TO FORM: William H. Ihrke, City Attorney CONSULTANT: JNS Media Specialists By Name Title JNS Media Specialists 78100 Main Street, Suite 201 La Quinta, CA 92253 Dated Dated 53 54 City of La Quinta CITY COUNCIL MEETING: July 19, 2016 STAFF REPORT AGENDA TITLE: APPROVE PROFESSIONAL SERVICES AGREEMENTS WITH LANDMARK CONSULTANTS, INC. AND GEOCON WEST, INC. FOR ON CALL MATERIALS TESTING SERVICES RECOMMENDATION Approve Professional Services Agreements with Landmark Consultants, Inc. and Geocon West, Inc. for on all materials testing services, and authorize staff to adjust the individual agreement amounts to not exceed the total budget of $100,000. EXECUTIVE SUMMARY • Materials testing services require a laboratory and skilled specialists often needed for construction projects. The above named firms are best qualified to provide these services and were selected through the competitive Request for Proposals (RFP) process. FISCAL IMPACT The Capital Improvement Program (CIP) technical account funds material testing services for each individual CIP project. The budget for all projects will have a "not to exceed" total budget of $100,000 for both Landmark Consultants and Geocon West. BACKGROUND/ANALYSIS On June 2, 2016, the City received twelve proposals in response to the On Call Material Testing Services RFP. Staff is recommending that two consultants be selected. This would provide an alternate should a schedule conflict or other issues arise. Both Professional Service Agreements (PSAs) (Attachments 1 and 2) are for an initial one year term, with an option for two additional years based on mutual agreement by both parties. ALTERNATIVES Do not approve both PSAs and only award one to the highest ranked consultant. However, this alternative is not recommended due to possible costly construction delays if one consultant is unable to perform. Prepared by: Ed Wimmer, P.E., Engineering Services Principal Engineer Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer Attachments: 1. PSA for Landmark Consultants, Inc. 2. PSA for Geocon West, Inc. 55 56 ATTACHMENT 1 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 LANDMARK CONSULTANTS, INC. ("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 "On -Call" Materials Testing Services, as requested and 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 Last revised June 2016 57 acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. Should 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 "Y (the "Special Requirements"), which is incorporated herein by this reference and expressly made a Last revised June 2016 -2- 58 part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 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 up to, but shall not exceed Fifty Thousand Dollars ($50,000) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. 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 Last revised June 2016 -3- 59 approval for the Additional Services is obtained from the Contract Officer pursuant to Section 1.6 of this Agreement. 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 July 20, 2016 and terminate on June 30, 2017 ("Initial Term"). This Agreement may be extended for two (2) additional year(s) upon mutual agreement by both parties ("Extended Term"). 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant ("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: Last revised June 2016 -4- 60 a. Greg M. Chandra E-mail: gchandra@landmark-ca.com It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of 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 Timothy R. Jonasson, P.E., Design and Development 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 Last revised June 2016 -5- 61 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. 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 (TERS") 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 Last revised June 2016 -6- 62 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. 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 Last revised June 2016 -7- 63 successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by 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 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Consultant shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all of the Documents and Materials. Consultant makes no such representation Last revised June 2016 -8- 64 and warranty in regard to the Documents and Materials which were prepared by design professionals other than Consultant or provided to Consultant by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7.5 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. 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. Last revised June 2016 -9- 65 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 some default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Consultant shall be liable for and shall pay to City the sum of EIGHT HUNDRED AND FIFTY dollars ($850.00) as liquidated damages for each working day of delay in the performance of any of the Services required hereunder, as specified in the Schedule of Performance. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements, if any, described in the Scope of Services. City may withhold from any moneys payable on account of the Services performed by Consultant any accrued liquidated damages. 8.8 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. 8.9 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 Last revised June 2016 -10- 66 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. 8.10 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 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 Last revised June 2016 -11- 67 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: CITY OF LA QUINTA Attention: Frank Spevacek, City Manager 78-495 Calle Tampico La Quinta, California 92253 To Consultant: Landmark Consultants, Inc. Attn: Greg M. Chandra Area Manager 77-948 Wildcat Drive Palm Desert, Ca. 92211 10.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument Last revised June 2016 -12- 68 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. 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] Last revised June 2016 -13- 69 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California municipal corporation FRANK J. SPEVACEK, City Manager Dated: ATTEST: SUSAN MAYSELS, City Clerk La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California CONSULTANT: U Title: Vic,-c Pr'esi dam * Dated: —1 / 13/1 Last revised June 2016 -14- 70 Exhibit A Scope of Services MATERIALS TESTING SERVICES When called upon and directed in writing by the City, the Consultant will provide equipment, services and products to perform all designated work, which may include, but are not limited to, performing the following intermittent observation and testing services: • Provide a qualified technician as necessary to conduct density tests on roadway sub -grade, aggregate base, asphaltic concrete, slope fill and trench backfill placement as required. The tests will be performed with a nuclear densometer in accordance with ASTM D2922 or sand cone in accordance with ASTM D1556. Maximum density curves (ASTM D1557) will be performed on various material types as they are encountered, including Marshall density tests on the asphaltic concrete. • Provide an ACI-certified technician as necessary to make sets of concrete cylinders as needed and perform slump tests for the curb, gutter, concrete dip section, and other minor concrete. • Perform compression strength tests in accordance with ASTM C39. • Perform extraction/gradation tests in accordance with ASTM D2172/C136 on the asphaltic concrete. • Perform R Value Testing of street subgrade and recommend a pavement section based on the results of the test. • Reporting of any Non -Compliance results of materials to the City within twenty- four (24) hours from the time of sampling. Prevailing Wage - In accordance with Section 1770 of the Labor Code, the City has ascertained and does hereby specify that the prevailing wage rates shall be those provided in Article 1110-20.0, WAGE RAGES. The said rates shall include all employer payments that are required by Section 1773.1 of the Labor Code. The City will furnish to the Contractor, upon request, a copy of such prevailing rates. It shall be the duty of the Contractor to post a copy of such prevailing wages at the job site. Last revised June 2016 EXHIBIT A Page 1 of 1 71 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 in a total amount up to, but shall not exceed Fifty Thousand Dollars ("Contract Sum"). 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. Last revised June 2016 EXHIBIT B Page 1 of 1 72 COST PROPOSAL SHEET The following is a summary of costs to provide the services outlined in the Request for Proposals (RFP) for Materials Testing Services and will be used as the basis for negotiating a Professional Services Agreement (PSA): ITEM ITEM DESCRIPTION UNIT QTY. UNIT PRICE ITEM TOTAL NO. (in f ores) (in A ores) DOLLARS DOLLA ARS RS 1 Curb & Gutter Compaction Test HR 1 $ 91 $ /• O'C) 2 Subgrade Compaction HR 1 $ 67/ LID $ �r! Q 3 Roadway Asphalt Sampling/ HR 1 $ ail- oy $ 17/. v 1 Compaction CONCRETE FIELD CASTING 4 Curbs, Low Water Crossing, HR 1 $ 00 $ 17% p© Misc. Concrete, Foundations, Etc. LABORATORY TESTING 5 Moisture Density Relationship EA 1 $ 7 / ��(�� / $ I 7S - 00 (Soil) 6 Moisture Density Relationship EA 1 $ $ 1,00. 0 0 (Base) 7 Gradations (Base) EA 1 $ r • 00 $ / ( . o C3 8 Concrete Compression Tests EA 1 $ ` e, - 60 $ ZS • c, C-) 9 Asphalt Extraction/Gradations EA 1 $ z du $ zl�" • O u 10 Asphalt Marshall or HVEEM EA 1 $ 'Zoo. 00 $ ?R>O, L %D Density ADMINISTRATION & REPORTS 11 Staff Engineer/Manager HR 1 $ rZSJ 0,0 $ (7'S -ou- 1z Clerical support HR 1 $ d,) $ E O --,) Attached herein is a detailed man-hour and fee breakdown for the tasks and sub - tasks a ed in our proposal, including all subconsultant activities. 611 f �' Pri a Cos " t nt WZyy,ITS, j,v.L Date Signed 73 LANDMARK 2016/2017 PROFESSIONAL PREVAILING WAGE FEE SCHEDULE Landmark Consultants, Inc. is a consulting firm which provides services in Soils and Materials Engineering, Fault and Seismic Studies, and Construction Materials Testing. The firm's objective has been providing engineering services for public utilities, public works infrastructure, residential, commercial, and industrial projects in the Southern California areas. OFFICES AND LABORATORIES Phone Fax Fl Centro, California (760) 370-3000 337-8900 Palm Desert, California (760) 360-0665 360-0521 Email: gchandra@landmark-ca.com BASIS OF CHARGES Listed herein are typical fees for services most frequently performed by Landmark Consultants, Inc. Fees for other services not listed will be given upon request, as well as special quotations for projects involving volume or special provisions. Invoices will be issued on a hi -monthly basis, or upon completion of a project, whichever is sooner. Invoices are payable when received unless otherwise agreed. A late payment service charge will be computed at the periodic rate of 1.5% per month, which is an annual percentage rate of 18 % and will be applied to any unpaid balance commencing 30 days after date of the original invoice. A two (2) hour minimum will be charged For all Feld testing and actual hours thereafter. An overtime premium of 1.5 times the standard rate: will be charged for all personnel service or laboratory test periods in excess of eight hours per day or Saturday, and 2 times the standard rate for work in excess of 12 hours per week day, in excess of 8 hours on Saturdays and all day on Sundays or holidays. A four (4) hour minimum will be charged for all special inspection services. Per diem will be charged at a rate of $75 per day per person or expenses + 10%, whichever is greater. Outside services will be charged at cost + 10% unless otherwise noted. All samples of soil or rock will be destroyed 30 days after submission of final report unless prior arrangements are made. Our liability to Client for injury or damage to persons or property arising our work performed for Client and for which legal liability may he found to rest upon us rather than for professional errors and omissions, will be limited to our general liability insurance coverage, which we maintain in limits of $2.000,000. For any damage on account of any error, omission, or other negligence, our liability will be limited to a sum of not to exceed $50„000 or our fee less direct third -party costs, whichever is greater, unless specifically negotiated otherwise. 74 2016/2017 Professional Prevailing Wa a Fee Schedule Field )dourly Rate Technician (Soil/Concrete/Asphalt Concrete) $ 91.00 Stan Engineer/Geologist $125.00 Supervisory TechJOperation Manager $100.00 Principal Engineer/Geologist $ 1g5.00 Word Processor/Typist $ 65.00 Laboratory Test Max. density — Op. Moisture (Soil) $175.00 Max. Density — Op. Moisture (Aggregate Base) $ 200.00 Sieve Analysis $116.00 Sand Equivalent $ 75.00 Soil Corrosion $ 255.00 R-Value $ 265.00 AC Maximum. Density (Marshall) $ 200.00 AC Extraction/Gradation $ 225.00 Concrete Compression Test $ 25.00 Concrete Core Compression Test $ 45.00 Mix Resign Review $ 245.00 75 Exhibit C Schedule of Performance Consultant shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule. Services shall be rendered from July 20, 2016 to June 30, 2017, and as indicated on the work order issued when called upon to perform services. Last revised June 2016 EXHIBIT C Page 1 of 1 76 Exhibit D Special Requirements AT NO ADDITIONAL COST TO THE CITY: 1. The consultant shall provide a hand held (type) cellular telephone and service compatible with the City's cellular service for each technician assigned to the City project. 2. The Consultant shall provide his or her own transportation to and from the designated work site. 3. The Consultant shall respond at the job site to requests for materials testing within twenty-four (24) hours and provide written test results to the City within forty-eight (48) hours of testing. 4. The Consultant shall supply all necessary tools and materials to perform materials testing. Last revised June 2016 EXHIBIT D Page 1 of 1 77 Exhibit E Insurance Requirements EA 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 Last revised June 2016 EXHIBIT F Page 1 of 7 78 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 Last revised June 2016 EXHIBIT F Page 2 of 7 79 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 Last revised June 2016 EXHIBIT F Page 3 of 7 80 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 some 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. Last revised June 2016 EXHIBIT F Page 4 of 7 81 14. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the some 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 assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Last revised June 2016 EXHIBIT F Page 5 of 7 82 Exhibit F Indemnification FA 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 of City to monitor compliance with these requirements imposes no additional Last revised June 2016 EXHIBIT F Page 6 of 7 83 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. Last revised June 2016 EXHIBIT F Page 7 of 7 84 ATTACHMENT 2 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 Geocon West, Inc. ("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 "On -Call" Materials Testing Services, as requested and specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "Services"). 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City 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 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). Last revised June 2016 85 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 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 up to, but shall not exceed Fifty Thousand Dollars and Zero Cents ($50,000.00) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. 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 Last revised June 2016 -2- 86 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. 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 Maieure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract 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 July 20, 2016 and terminate on June 30, 2017 ("Initial Term"). This Agreement may be extended for two (2) additional year(s) upon mutual agreement by both parties ("Extended Term"). Last revised June 2016 -3- 87 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. Lisa Battatio E-mail: battiato@geoconinc.com It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of 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 Timothy R. Jonasson, P.E., Design and Development 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 Last revised June 2016 -4- 88 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. 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 Consultants 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. 6.0 INDEMNIFICATION. 6.1 Indemnification. The indemnification provisions set forth in Exhibit F ("Indemnification") are incorporated herein by this reference and expressly made a part hereof. 7.0 RECORDS AND REPORTS. Last revised June 2016 -5- 89 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. 7.3 Ownership of Documents. To the extent Consultant has been compensated therefore, 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. Last revised June 2016 -6- 90 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 Licensing of Intellectual Property. Subject to Section 7.3 hereinabove, this Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Consultant shall require all subcontractors, if any, to agree in writing that City is granted a non- exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all of the Documents and Materials. Consultant makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Consultant or provided to Consultant by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7.5 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. 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. Last revised June 2016 -7- 91 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. 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 Last revised June 2016 -8- 92 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 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 Geocon West, Inc. Attention: Frank Spevacek, Attn: Lisa Battatio City Manager Contract Manager Last revised June 2016 -9- 93 78-495 Calle Tampico 40-004 Cook Street #4 La Quinta, California 92253 Palm Desert, Ca. 92211 10.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by 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. 10.10 Authorily. 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 Last revised June 2016 -10- 94 violate any provision of any other Agreement to which said parry is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] Last revised June 2016 -11- 95 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California municipal corporation FRANK J. SPEVACEK, City Manager Dated: ATTEST: SUSAN MAYSELS, City Clerk California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California La Quinta, CONSULTANT: By: me: Title: F 0 Dated: -7 / (412D t b Last revised June 2016 -12- 96 Exhibit A Scope of Services MATERIALS TESTING SERVICES When called upon and directed in writing by the City, the Consultant will provide equipment, services and products to perform all designated work, which may include, but are not limited to, performing the following intermittent observation and testing services: • Provide a qualified technician as necessary to conduct density tests on roadway sub -grade, aggregate base, asphaltic concrete, slope fill and trench backfill placement as required. The tests will be performed with a nuclear densometer in accordance with ASTM D2922 or sand cone in accordance with ASTM D1556. Maximum density curves (ASTM D1557) will be performed on various material types as they are encountered, including Marshall density tests on the asphaltic concrete. a Provide an ACI-certified technician as necessary to make sets of concrete cylinders as needed and perform slump tests for the curb, gutter, concrete dip section, and other minor concrete. • Perform compression strength tests in accordance with ASTM C39. • Perform extraction/gradation tests in accordance with ASTM D2172/C136 on the asphaltic concrete. • Perform R Value Testing of street subgrade and recommend a pavement section based on the results of the test. Reporting of any Non -Compliance results of materials to the City within twenty-four (24) hours from the time of sampling. Prevailing Wage — In accordance with Section 1770 of the Labor Code, the City has ascertained and does hereby specify that the prevailing wage rates shall be those provided in Article 1110-20.0, WAGE RAGES. The said rates shall include all employer payments that are required by Section 1773.1 of the Labor Code. The City will furnish to the Contractor, upon request, a copy of such prevailing rates. It shall be the duty of the Contractor to post a copy of such prevailing wages at the job site. Last revised June 2016 EXHIBIT A Page 1 of 1 IA 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 in a total amount up to, but shall not exceed Fifty Thousand Dollars and Zero Cents ("Contract Sum"). 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. Last revised June 2016 EXHIBIT B Page 1 of 1 .; COST PROPOSAL SHEET The following is a summary of costs to provide the services outlined in the Request for Proposals (RFP) for Materials Testing Services and will be used as the basis for negotiating a Professional Services Agreement (PSA): ITEM ITEM DESCRIPTION NO. 1 Curb & Gutter Compaction Test 2 Subgrade Compaction 3 Roadway Asphalt Sampling/ Compaction CONCRETE FIELD CASTING 4 Curbs, Low Water Crossing, Misc. Concrete, Foundations, Etc. LABORATORY TESTING 5 Moisture Density Relationship (Soil) 6 Moisture Density Relationship (Base) 7 Gradations (Base) 8 Concrete Compression Tests 9 Asphalt Extraction/Gradations 10 Asphalt Marshall or HVEEM Density ADMINISTRATION & REPORTS 11 Staff Engineer/ Manager 12 Clerical support *+ vehicle & equipment fee Attached herein is a detailed mar tasks defined in our propose , ' clu. -r Geocon West, Inc. Prime Consultant UNIT OTY. UNIT PRICE (in figures) DOLLARS ITEM TOTAL, (in figures) DOLLARS HR 1 $ 92* $ 92* HR 1 $ 92* $ 92* HR 1 $ 92* $ 92* HR 1 $ 92* $ 92* EA 1 $ 175 $ 175 EA 1 $ 195 $ 195 EA 1 $ 175 $ 175 EA 1 $ 30 $ _30 EA 1 $ 80 $ 80 EA 1 $ 85 $ 85 HR 1 $ 120 $ 120 HR 1 S 70 $ 70 a9 d fee breakdown for the tasks and sub - I Oubconsultant activities. 5/31/16 Date Signed we GEOCON W E 9 T, I N C. G E O T E C H N I C A t E N V I R O N M E N T A L h M A T E R I A L S' 2016 SCHEDULE OF FEES PROFESSIONAL SERVICES Word Processor/Non-Technical Assistant(Draftsman..................................................................................................................... $70/hr. EngineeringAssistant/Lab Technician .......... .............. ... ......... ........... ....._............ ............. I ...... . .......... ........................... ..... ...... 70/hr. Engineering Field Technician (Geotechnical Inspection/Testing - Including Nuclear Gauge) ...................................... 78/92(PW)*/hr, Engineering Special Inspector (Deputy/Special Inspection - Including Sampling Equipment) ....................................... 78/92(PW)*/hr. StaffEngineer/Geologistt. ............... . ...... .. .... .......................................,.....I... , , .................I............. ....... 100/hr. ProjectEngineer/Geologist.... .......... ...... .......... ................ ........................ ........ ..... .......... 120/hr. SeniorProject Engineer/Geologist.................................................................................................I................ ......I............ 135/hr. SeniorEngineer/Geologist...........................................................................................................................................I.................... 150/hr. Associate Engineer/Geologist............. .................................. .......... ............. ..... ................. ................. ...................................... I.... 180/hr. Principal Engineer/Geologist/Litigation Support :............................................................................................................................. 220/hr. Depositionor Court Appearance .. ............................................................................................. ................................4.... 400/hr. Overtime/Saturday Rate/Night Rate (]0'pm —Gam) .................................................................................... 1.5 X Regular Hourly Rate Sundayand Holiday Rate............................................................................................................................ 2 X Regular Hourly Rate MinimumProfessional Fee ........................................................................................................................................ S500/Per Project MinimumField Services Fee (per day or per call -out) ........... ........... ............... .......................................................... I..................... 4 Hours Short -Notice Cancellation (within 24 hours) ................................. I ...... I ............... I ... ..,....................................... .. I....... 2 Hours Short -Notice Cancellation (upon or after arrival at jobsite)..................................................................A........................... ......... 4 Hours _ *Pre_vailintWa#e (PW) California Labor Code §1720, et. Seq TRAVEL Personnel........................................................................^...............,............................................................ ... .Regular Hourly Rate Subsistence(Per Diem)................. ................... ......... .... ............ .......... .............. .... .. ....... .......................................I.. S 125/day VehicleMdeap .i........... . - - ---- ................. ...... ....I...... _ _ ... ....................... .... 0.60/mile EQUIPMENT & MATERIALS Vehicle & Equipment............................................................$12/hr. Stainless Sampling Pump.................................................$150/day Coring Machine (concrete, asphalt, masonry).; ................. $175/day Battery -Powered Pump.........................................................75/day Generator . ...... ..... ..............I....... ............ 100/day Water Level Indicator...........................................................40/day Asphalt Cold Patch/Concrete (60-lb.), Cement (94-lb.) ........ 20/bag Interface Probe.....................................................................58/day GPSUnit............................................................................160/day Photo -Ionization Meter ............. ...................... ................... 125/day Pick-up Truck .............. .......................... ........ ... 125/day Combustible Gas Meter ....... ..I ........................ .....................80/day Equipment Truck ..... ................ ...............200/day pH/Conductivity/Temperature Meter .......... .............50/day Direct -Push Rig/Operator................. ...... ........ 165/190(PW)*/hour Turbidity Meter ..... ...... .............. ................ I .................. ...... 80/day Drive -Tube Sampler .............!............I. I. .. 40/day Level D PPE/Decon Rinse Equipment .. ................ ... 50/day ......... . ... Hand -Auger ........................ ...................................40/day . .... De-lonized Water (5=gallon) ........... . ............. „ ............15/ea. Soil Sample Tube (Brass) ..................................................... 10/ea. Air Compressor ............................. ............ .......................... 100/day SoilSample Tube (Stainless) ,..... .................... ................ 10/ea. 55-Gallon Drum...................................................................55/ea. Bailer (Reus&e).......... ....................... I ......... ...................... 33/day Visqueen (6 mil 20x100')..................................................135/roll Bailer (Disposable) .................................. ......••..•.••• 13/ea. Traffic Cones/Barricades 35 day LABORATORY TESTS'" COMPACTION CURVES 4-inch mold (DI 557) ..... :.................... . ... ....................... $175/ea. 6-inch mold (D1557).......................................................... 190/ea. California Impact (CT 216)................................................ 200/ea. CheckPoint............................................................................ 85/ea. SOIL AND AGGREGATE PROPERTIES #200Wash (D1140/C117)............................. . _ $55'ea. Wet or Dry Sieve Analysis to 9200(C136).......................... 80/ea. Hydrometer Analysis(D422)............................................... 150/ea. Sieve Analysis with Hydrometer(D422)............................. 150/ea. SOIL AND AGGREGATE STABILITY Resistance Value, R-Value (D2844) (CT 301)................. . $250/ea. R-Value, Treated (CT 301)........... ...................................... 260/ea. California Bearing Ratio(D1883)....................... . ............ 525/ea. Stabilization Ability of Lime (C977)...................................180/en. PERMEABILITY, CONSOLIDATION AND EXPANSION Permeability, Flexible Wall (D5084).... .... ......... S265/ea, Permeability, Rigid Wall(1)5856)............. ............. ........... 255/ea Consolidation, per point(D2435)........................................... 42/pt. Expansion Index (D4829/UBC 29-2).................... .............. 135/ea. 100 LABORATORY TESTS (CONTINUED) Specific Gravity, Soil (13854)........................ ..... .... $70/ea. Specific Gravity Coarse Aggregate (C127)............... .... 50/ea. Specific Gravity Fine Aggregate(C128)............................. 68/ea. Moisture Determination, tube sample (D2216) ..................... 21/ea. Moisture Content (CT 226)................................................... 25/ea. Moisture Determination and Unit Weight (D2937)..............: 4VM Atterberg Limits: Plasticity Index (134318)::.......................150/ea. Sand.Equivalent (D2419)(CT 217)........................................ 90/ea. pH and Resistivity (CT 643).....................::........................130/ea. Sulfate Content (CT 417)....................................................... 90/ea. Chloride Content (CT 422)......................I......................... 50/ea. CONCRETE Compressive Strength, Cast Cylinders (C39)(CT 521).......... 30/ea. Compressive Strength, Cores (C42).:...:..:....I..................:..:.. 43/ea. Cleanness Value (CT 227)...»....:.......:............... :..:....:........ 165/ea. Flexural Strength Beam (C78/C293).......... .........:.......... ...... 80/ea. Splitting Tensile Test(C496)::...... ..... :.......... 4.... 6.... :............. 69/ea. MixDesign Review ......... ............ _................ ....... ............. 185/ea. Trial Batch................ ... ................................................475/ea. ....... Rebar 1 Tensile & 1 Bend Test(Up to#11) .................... .... 100/ea. ASPHALT CONCRETE Density, Hveem(D2726/.CAL308)...................................T..$85/ea. Stabilometer (D1560/CAL304)............................................. 99/ea. Theoretical Max. Specific Gravity (D2041)................ .......... 70/ea. Sieve Analysis Extracted Aggregate. (D5444) ............. .......... 80/ea. %Asphalt, Ignition Method (CT 382//136307)...................100/ea. % Asphalt, Nuclear Gauge (CT 3 79)....:.............................105/ea. Unit Weight, Core (D1188)................................... ....60/ea. AGGREGATE QUALITY Sieve Analysis (Both Fine & Coarse) (CT 202) ..................175/ea. L.A. Rattler Test (500 rev.)(C131).............. ........................ 185/ea. Sulfate Soundness (per sieve size)(C88)........... .................. 100/ea. Durability Index (fine or coarse) (D3744)(CT 229).............165/ea. Unit Weight(C-29):............................................................. $69/ea Organic Impurities - Sand (C40)..................... . ...........,......55/ea. Friable Particles (C142) .......4......... . ................. ....80/ea. SHEARSTRENGTH Unconfined Compression (D21.66)..................... ............. ....$95/ea. Direct Shear, Quick, per point (03080) .. ........................... 65/pt. Unconsolidated-Undrained Triaxial Shear (D2850)............. 110/pt. Unconsolidated-Undrained Triaxial Staged (D2850)........... 158/ea. Consolidated-Undrained Triaxial Shear (D4767)................. 263/pt. Consolidated-Undrained Triaxial Staged (D4767)...............335/ea. Consolidated -Drained Triaxial Shear (EM 1110) ................. 370/pt. Consolidated -Drained Triaxial Staged (EMI 110) ...............475/ea. MASONRY CMU Compressive Strength(C140).. ............ . ................... $60/ea. Compressive Strength, Grout (C1019/UBC 21-19) ...............30/ea. Compressive Strength, Mortar (CI09/UBC 21-15,16):..:..:.... 30/ea. CMU Unit Wt., Dimension, Absorption (C140)...'........._... 60/ea. Compressive Strength, Small Prism _<7.62" (C1314) ........... 105/ea. Compressive Strength, Large Prism >7.62" (Cl 314)........... 150/ea. Shotcrete Panel — Coring and Testing (per core)...............65/ea. CMU Compressive Strength (C140)....................................$60/ea. **2X Surcharge on rush turn -around for laboratory testing. 101 Exhibit C Schedule of Performance Consultant shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule. Services shall be rendered from July 20, 2016 to June 30, 2017, and as indicated on the work order issued when called upon to perform services. Last revised June 2016 EXHIBIT C Page 1 of 1 102 Exhibit D Special Requirements AT NO ADDITIONAL COST TO THE CITY: 1. The consultant shall provide a hand held (type) cellular telephone and service compatible with the City's cellular service for each technician assigned to the City project. 2. The Consultant shall provide his or her own transportation to and from the designated work site. 3. The Consultant shall respond at the job site to requests for materials testing within twenty-four (24) hours and provide written test results to the City within forty-eight (48) hours of testing. 4. The Consultant shall supply all necessary tools and materials to perform materials testing. Last revised June 2016 EXHIBIT D Page 1 of 1 103 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 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. Last revised June 2016 EXHIBIT E Page 1 of 4 104 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 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. Last revised June 2016 EXHIBIT E Page 2 of 4 105 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 sere to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non- contributing basis in relation to any other insurance or self-insurance available to City. 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. Last revised June 2016 EXHIBIT E Page 3 of 4 106 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 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 assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Last revised June 2016 EXHIBIT E Page 4of4 107 Exhibit F Indemnification F.a 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, including the cost to defend, and hold harmless City and its officials and employees ("Indemnified Parties') from and against claims, losses, liabilities, damages, injury (including, without limitation, injury to or death of an employee of Consultant or of any subcontractor), costs and expenses, including court costs, reasonable 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 Consultant and approved by City in its reasonable discretion), 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, damages, court costs, reasonable 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 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 Last revised June 2016 EXHIBIT F Page 1 of 2 108 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. Last revised June 2016 EXHIBIT F Page 2 of 2 109 110 City of La Quinta CITY COUNCIL MEETING: July 19, 2016 STAFF REPORT AGENDA TITLE: APPROVE PROFESSIONAL SERVICES AGREEMENTS WITH MSA CONSULTING, INC. AND NV5 FOR ON CALL CONSTRUCTION SURVEYING SERVICES RECOMMENDATION Approve Professional Services Agreements with MSA Consulting, Inc. and NV5 for on call construction surveying services, and authorize staff to adjust the individual agreement amounts so that the total budget of $100,000 is not exceeded. EXECUTIVE SUMMARY • Construction projects often require surveying services, which necessitate skilled specialists. • The above named firms were selected through a competitive Request for Proposals (RFP) process and are best qualified to provide these services. FISCAL IMPACT The Capital Improvement Program (CIP) technical account has a budget of $100,000 for construction surveying services. BACKGROUND/ANALYSIS On June 9, 2016, the City received ten proposals in response to its On Call Construction Surveying Services RFP. Staff is recommending two firms be retained to ensure surveying services are available at all times. Both Professional Services Agreements (PSAs) (Attachments 1 and 2) are for an initial one-year term with an option for two additional years based on mutual agreement by both parties. Both firms will be called upon to provide these services within the $100,000 budget. ALTERNATIVES Do not approve both PSAs and award one to the highest ranked consultant. However, this alternative is not recommended due to possible costly construction delays if one firm is unable to provide these services in a timely manner due to prior commitments. Prepared by: Ed Wimmer, P.E., Engineering Services Principal Engineer Approved by: Timothy R. Jonasson, P.E. Design and Development Director/City Engineer Attachments: 1. PSA for MSA Consultants, Inc. 2. PSA for NV5 111 112 ATTACHMENT 1 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 MSA Consulting, Inc. ("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 "on -Call" Construction Surveying Services, 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 Last revised June 2016 113 acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. Should 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 "Y (the "Special Requirements"), which is incorporated herein by this reference and expressly made a Last revised June 2016 -2- 114 part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 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 up to, but shall not exceed Fifty Thousand Dollars and Zero Cents ($50,000.00) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. 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 Last revised June 2016 -3- 115 approval for the Additional Services is obtained from the Contract Officer pursuant to Section 1.6 of this Agreement. 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 July 20, 2016 and terminate on June 30, 2017 ("Initial Term"). This Agreement may be extended for two (2) additional years 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. Julian De La Torre E-mail: JDeLaTorre@msaconsultinginc.com Last revised June 2016 -4- 116 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 Timothy R. Jonasson, P.E., Design and Development 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 Last revised June 2016 -5- 117 otherwise or a joint venturer or a member of any joint enterprise with Consultant. 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 (TERS") 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 Last revised June 2016 -6- 118 Requirements") which is incorporated herein by this reference and expressly made a part hereof. 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 Last revised June 2016 -7- 119 the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by 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 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Consultant shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all of the Documents and Materials. Consultant makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Consultant or provided to Consultant by City. City shall not be limited in any way in its use of the Documents and Materials at any time, Last revised June 2016 -8- 120 provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7.5 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. 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 Last revised June 2016 -9- 121 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 some or different times, of any other rights or remedies for the some default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Consultant shall be liable for and shall pay to City the sum of EIGHT HUNDRED AND FIFTY dollars ($850.00) as liquidated damages for each working day of delay in the performance of any of the Services required hereunder, as specified in the Schedule of Performance. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements, if any, described in the Scope of Services. City may withhold from any moneys payable on account of the Services performed by Consultant any accrued liquidated damages. 8.8 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. 8.9 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 Last revised June 2016 -10- 122 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. 8.10 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 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. Last revised June 2016 -11- 123 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: CITY OF LA QUINTA Attention: Frank Spevacek, City Manager 78-495 Calle Tampico La Quinta, California 92253 To Consultant: MSA Consulting, Inc. Attn: Julian De La Torre Vice President 34200 Bob Hope Drive Rancho Mirage, Ca. 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 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. Last revised June 2016 -12- 124 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. 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] Last revised June 2016 -13- 125 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, CONSULTANT: a California municipal corporation By: G Name: Julian A. De La Torre FRANK J. SPEVACEK, City Manager Title: Vice President Dated: Dated: 07-11-16 ATTEST: SUSAN MAYSELS, City Clerk La Quinta, California let»:Z�PI ��7e��rilri7:7u� WILLIAM H. IHRKE, City Attorney City of La Quinta, California Last revised June 2016 -14- 126 Exhibit A Scope of Services When called upon and directed in writing by the City, the Consultant will provide services and products to be rendered in performing all work associated with this agreement may include, but are not limited to, providing one (1) set of construction stakes for each of the following items as detailed: • Survey Control - will be sufficiently marked and will be preserved and protected, monuments protected or replaced as needed. • Clearing/Removals - one set of reference stakes or marks at 200 foot intervals on tangent line and 100 foot on curves will be set along the limits of the construction area or Right -of -Way for clearing purposes. • Rough Grade - (A) One set of grid stakes at 50 foot intervals. Stakes will indicate cut or fill to finish grad as shown on approved mass grading plan. (B) One set of stakes at 25 foot intervals and all angle points with appropriate cut or fill. (C) P rovide one set of offset stakes for sidewalks at 25 foot intervals, grade breaks and angle points with cut or fill to finish surface. • Finish Grade - (A) Provide one set of stakes to delineate at 25 foot intervals and all angle points with appropriate cut or fill. (B) Provide one set of offset stakes for sidewalk at 25 foot intervals, grade breaks and angle points with grades to finish surface. (C) Provide one Blue Top for building pad. Stake to be set at pad grade. (D) Pad Certifications - prior to construction of improvements, provide inspection services necessary to provide certification of pad grade as shown on the approved grading plan. • Retaining/Garden Wall - Provide one set of offset, line and grade stakes for wall construction set at 50 foot intervals with appropriate cut or fill to top of footing. • Bridge Structures - Provide one set of stakes for foundation layout and deck grades. • Entrance Structures - Provide one set of stakes with appropriate cut or fill for the construction of entrance structures. • Building Foundations - Provide one set of stakes at an offset of 10' x 10' to the building corners, one stale per corner with grades to the finish pad. Last revised June 2016 EXHIBIT A Page 1 of 1 127 • Water, Sewer, Storm Drain, or Irrigation Lines - Provide one set of offset stakes at 50-foot intervals with grades to finish surface. • Drainage Boxes - Provide one set of stakes at a 5 foot offset to centerline of box with grades to top of grate. • Tree Locations - Provide one stake at centerline of each tree location. • Project Administration - The Surveyor of Work shall be available during the length of the project to address any questions or concerns which may arise. Three sets of Grade Sheets shall be prepared and submitted to the City of La Quinta within 48 hours of receipt of the "Staking Request" for the said work. • Office Calculations - Calculations as necessary to provide the field survey crews with data as needed for staking and supervision as required. Prevailing Wage- In accordance with Section 1770 of the Labor Code, the City has ascertained and does hereby specify that the prevailing wage rates shall be those provided in Article 1110-20.0, WAGE RAGES. The said rates shall include all employer payments that are required by Section 1773.1 of the Labor Code. The City will furnish to the Contractor, upon request, a copy of such prevailing rates. It shall be the duty of the Contractor to post a copy of such prevailing wages at the job site. 128 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 in a total amount up to but shall not exceed Fifty Thousand Dollars and Zero Cents ("Contract Sum"). 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. Last revised June 2016 EXHIBIT B Page 1 of 1 129 COST PROPOSAL SHEET The following is a summary of costs to provide the services outlined in the Request for Proposal (RFP) for Construction Surveying Services and will be used as the basis for negotiating a Professional Services Agreement (PSA): TASK DESCRIPTION HOURLY RATE 1 SURVEY CONTROL STAKING $250.00 2 CLEARING AND REMOVALS $250.00 3 ROUGH GRADE $250.00 4 FINISH GRADE $250.00 5 RETAINING/GARDEN WALL $250.00 6 BRIDGE STRUCTURES $250.00 7 ENTRANCE STRUCTURES $250.00 8 BUILDING FOUNDATIONS $250.00 9 WATER, SEWER, STORM DRAIN OR IRRIGATION LINES $250.00 10 DRAINAGE BOXES $250.00 11 TREE LOCATIONS $250.00 12 MISCELLANEOUS SURVEY $250.00 13 MONUMENT RESTORATION $250.00 14 PROJECT ADMINISTRATION $175.00 15 OFFICE CALCULATIONS AND SUPERVISION $175.00 Prime Consultant: it)"a- MSA Consulting, Inc. By: Julian A. De La Torre, P.E., Vice President/Principal Engineer Date Signed: ( ' I ' f 130 Exhibit C Schedule of Performance Consultant shall provide services for an initial term of twelve (12) months ("Initial Term"), and upon mutual agreement by both parties, the term of this agreement may be extended for up to two (2) additional one-year terms ("Extended Term"). Services shall be rendered from July 20, 2016 through June 30, 2017 and as indicated in work orders issued when called upon to perform services. Last revised June 2016 EXHIBIT C Page 1 of 1 131 Exhibit D Special Requirements None Last revised June 2016 EXHIBIT D Page 1 of 1 132 Exhibit E Insurance Requirements EA 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 Last revised April 2015 EXHIBIT E Page 1 of 6 133 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 Last revised June 2016 EXHIBIT E Page 2 of 6 134 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 Last revised June 2016 EXHIBIT E Page 3 of 6 135 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 some 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. Last revised June 2016 EXHIBIT E Page 4 of 6 136 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 some 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 Last revised June 2016 EXHIBIT E Page 5 of 6 137 assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Last revised June 2016 EXHIBIT E Page 6 of 6 138 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 Last revised April 2015 EXHIBIT F Page 1 of 2 139 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. Last revised June 2016 EXHIBIT F Page 2 of 2 140 ATTACHMENT 2 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 NVS. ("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 "on -Call" Construction Surveying Services, 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 Last revised June 2016 141 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 "Y (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 Last revised June 2016 -2- 142 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 up to but shall not exceed Fifty Thousand Dollars and Zero Cents ($50,000.00) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. 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 Last revised June 2016 -3- 143 approval for the Additional Services is obtained from the Contract Officer pursuant to Section 1.6 of this Agreement. 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 July 20, 2016 and terminate on June 30, 2017 ("Initial Term"). This Agreement may be extended for two (2) additional years 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. Carmen C. Kasner E-mail: carmen.kasner@nv5.com Last revised June 2016 -4- 144 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 Timothy R. Jonasson, P.E., Design and Development 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 Last revised June 2016 -5- 145 otherwise or a joint venturer or a member of any joint enterprise with Consultant. 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 (TERS") 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 Last revised June 2016 -6- 146 Requirements") which is incorporated herein by this reference and expressly made a part hereof. 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 Last revised June 2016 -7- 147 the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by 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 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Consultant shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all of the Documents and Materials. Consultant makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Consultant or provided to Consultant by City. City shall not be limited in any way in its use of the Documents and Materials at any time, Last revised June 2016 -8- 148 provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7.5 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. 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 Last revised June 2016 -9- 149 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 some or different times, of any other rights or remedies for the some default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Consultant shall be liable for and shall pay to City the sum of EIGHT HUNDRED AND FIFTY dollars ($850.00) as liquidated damages for each working day of delay in the performance of any of the Services required hereunder, as specified in the Schedule of Performance. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements, if any, described in the Scope of Services. City may withhold from any moneys payable on account of the Services performed by Consultant any accrued liquidated damages. 8.8 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. 8.9 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 Last revised June 2016 -10- 150 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. 8.10 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 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. Last revised June 2016 -11- 151 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: CITY OF LA QUINTA Attention: Frank Spevacek, City Manager 78-495 Calle Tampico La Quinta, California 92253 To Consultant: NV5 Attn: Carmen C. Kasner Principal In Charge 42-829 Cook Street, Suite 104 Palm Desert, Ca. 92211 10.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. Last revised June 2016 -12- 152 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. 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] Last revised June 2016 -13- 153 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California municipal corporation FRANK J. SPEVACEK, City Manager Dated: ATTEST: SUSAN MAYSELS, City Clerk La Quinta, California /s19J:Zi010MIVIKSI M61"V WILLIAM H. IHRKE, City Attorney City of La Quinta, California CONSULTANT: By: �r'� ftmv' Lho Name: I<�s5 ua-- - Title: QL-'110'�) -Pxk_rjoz Dated: I Z 20c (r; Last revised June 2016 -14- 154 Exhibit A Scope of Services When called upon and directed in writing by the City, the Consultant will provide services and products to be rendered in performing all work associated with this agreement may include, but are not limited to, providing one (1) set of construction stakes for each of the following items as detailed: • Survey Control - will be sufficiently marked and will be preserved and protected, monuments protected or replaced as needed. • Clearing/Removals - one set of reference stakes or marks at 200 foot intervals on tangent line and 100 foot on curves will be set along the limits of the construction area or Right -of -Way for clearing purposes. • Rough Grade - (A) One set of grid stakes at 50 foot intervals. Stakes will indicate cut or fill to finish grad as shown on approved mass grading plan. (B) One set of stakes at 25 foot intervals and all angle points with appropriate cut or fill. (C) P rovide one set of offset stakes for sidewalks at 25 foot intervals, grade breaks and angle points with cut or fill to finish surface. • Finish Grade - (A) Provide one set of stakes to delineate at 25 foot intervals and all angle points with appropriate cut or fill. (B) Provide one set of offset stakes for sidewalk at 25 foot intervals, grade breaks and angle points with grades to finish surface. (C) Provide one Blue Top for building pad. Stake to be set at pad grade. (D) Pad Certifications - prior to construction of improvements, provide inspection services necessary to provide certification of pad grade as shown on the approved grading plan. • Retaining/Garden Wall - Provide one set of offset, line and grade stakes for wall construction set at 50 foot intervals with appropriate cut or fill to top of footing. • Bridge Structures - Provide one set of stakes for foundation layout and deck grades. • Entrance Structures - Provide one set of stakes with appropriate cut or fill for the construction of entrance structures. • Building Foundations - Provide one set of stakes at an offset of 10' x 10' to the building corners, one stale per corner with grades to the finish pad. Last revised June 2016 EXHIBIT A Page 1 of 1 155 • Water, Sewer, Storm Drain, or Irrigation Lines - Provide one set of offset stakes at 50-foot intervals with grades to finish surface. • Drainage Boxes - Provide one set of stakes at a 5 foot offset to centerline of box with grades to top of grate. • Tree Locations - Provide one stake at centerline of each tree location. • Project Administration - The Surveyor of Work shall be available during the length of the project to address any questions or concerns which may arise. Three sets of Grade Sheets shall be prepared and submitted to the City of La Quinta within 48 hours of receipt of the "Staking Request" for the said work. • Office Calculations - Calculations as necessary to provide the field survey crews with data as needed for staking and supervision as required. Prevailing Wage- In accordance with Section 1770 of the Labor Code, the City has ascertained and does hereby specify that the prevailing wage rates shall be those provided in Article 1110-20.0, WAGE RAGES. The said rates shall include all employer payments that are required by Section 1773.1 of the Labor Code. The City will furnish to the Contractor, upon request, a copy of such prevailing rates. It shall be the duty of the Contractor to post a copy of such prevailing wages at the job site. 156 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 in a total amount up to, but shall not exceed Fifty Thousand Dollars and Zero Cents ("Contract Sum"). 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. Last revised June 2016 EXHIBIT B Page 1 of 1 157 COST PROPOSAL SHEET The following is a summary of costs to Provide the services outlined in the Request for Proposal (RFP) for Construction Surveying Services and will be used as the basis for negotiating a Professional Services Agreement (PSA); TASK DESCRIPTION HOURLY RATE 1 SURVEY CONTROL STAKING $225.00 2 CLEARING AND REMOVALS $225.00 3 ROUGH GRADE $225.00 4 FINISH GRADE $225.00 5 RETAINING/GARDEN WALL $225.00 6 BRIDGE STRUCTURES $225.00 7 ENTRANCE STRUCTURES $225.00 8 BUILDING FOUNDATIONS $225.00 9 WATER, SEWER, STORM DRAIN OR IRRIGATION LINES $225.00 10 DRAINAGE BOXES $225.00 11 TREE LOCATIONS $225.00 12 MISCELLANEOUS SURVEY $225.00 13 MONUMENT RESTORATION $225,00 14 PROJECT ADMINISTRATION $160.00 15 OFFICE CALCULATIONS AND SUPERVISION $130.00 Prime Consultant: Gw u J4N V 5 Date Signer: 06/09/2016 158 N V 5 Construction Surveying Services City of La Quinta 20 i 6-2017 Rate Schedule Office: Technical Services Engineering Aide/Planning Aide................................................................................................. $55,00/hour ProjectAssistant............................................................................................................... ... $70.00/hour Project Administrator .............. .. .............................. $85.00/hour CARDTechnician I....................................................................................................................... $90.00/hour CADD Technician II................................................................................................................... $110.00/hour CADD Technician III.................................................................................................................. $115.00/hour Senior CADD Technician/Designer...........................................,...,.....,................................... $120.00/hour DesignSupervisor........................................................,.,.......,.,...........,..........................,.....,....... 130.00 our Professional Junior Engineer/Planner/Surveyor............................................................................................. $75.00/hour Assistant Engineer/Planner/Surveyor...................................................................................... $100.00/hour Associate Engineer/Planner/Surveyor..................................................................................... $115.00/hour Senior Fngineer/Planncr/Surveyor........................................................................................„. $130.00/hour Manager................................................................................................................................ . $165.00/hour StructuralEngineer....................................................................................................................... $150.00/hour Associate........................................................................................................................................ $165.00/hour Principal.....................................................................................„................................................... $21.0.00/hour Field: Prevailing 'Wages Surveying I -Person Survey Crew... ......... ....................................................................................... $140.00/hour 2-Person Survey Crew.................................................................................................................. $225.00/hour Non -Prevailing Wages Surveying }_Person Survey Crew.....................................................................,............................................ $120.00/hour 2-Person Survey Crew.................................................................................................................. $175.00/hour SurveyManager........................................................................ .......... .......................................... $1 G0.00/hour Expenses: Plotting and In-house Reproduction...............................................................................................1.15 x Cost Subsistence...........................................................................................................................................1.15 x Cost Other Expenses - Including Subconsultants & Purchased Services through Subcontracts... 1.15 x Cost Mileage -+Outside local area........................................................................................... Per accepted IRS rate Rates are effective through June 30, 201T If contract assignment extends beyond that date, a new rate schedule will be added to the contract. Rates based on "Prevailing Wage" for Construction Management and Surveying will be determined by Project and County per California law. 159 Exhibit C Schedule of Performance Consultant shall provide services for an initial term of twelve (12) months ("Initial Term"), and upon mutual agreement by both parties, the term of this agreement may be extended for up to two (2) additional one-year terms ("Extended Term"). Services shall be rendered from July 20, 2016 through June 30, 2017 and as indicated in work orders issued when called upon to perform services. Last revised June 2016 EXHIBIT C Page 1 of 1 160 Exhibit D Special Requirements None Last revised June 2016 EXHIBIT D Page 1 of 1 161 Exhibit E Insurance Requirements EA 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 Last revised April 2015 EXHIBIT E Page 1 of 5 162 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 Last revised June 2016 EXHIBIT E Page 2 of 5 163 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 Last revised June 2016 EXHIBIT E Page 3 of 5 164 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 some 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. Last revised June 2016 EXHIBIT E Page 4 of 5 165 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 some 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 assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Last revised June 2016 EXHIBIT E Page 5 of 5 166 Exhibit F Indemnification FA 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 of City to monitor compliance with these requirements imposes no additional Last revised April 2015 EXHIBIT F Page 1 of 2 167 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. Last revised June 2016 EXHIBIT F Page 2 of 2 168 City of La Qu i nta BUSINESS SESSION ITEM NO.1 CITY COUNCIL MEETING: July 19, 2016 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION APPROVING A MITIGATED NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT 2016-0009 FOR THE WIDENING OF DUNE PALMS ROAD FROM WESTWARD HO DRIVE SOUTHERLY TO DUNE PALMS BRIDGE RECOMMENDATION Adopt Resolution approving Environmental Assessment 2016-2009 to widen Dune Palms Road south of Westward Ho Drive. EXECUTIVE SUMMARY • Dune Palms Road is being widened on the east side from Westward Ho southerly about 900 feet (Attachment 1). • Widening is necessary to develop roadway to General Plan standards and to match roadway width associated with the Dune Palms Bridge project. FISCAL IMPACT The total budget is estimated to be $1.2 million. BACKGROUND/ANALYSIS Dune Palms widening qualifies as a project under the California Environmental Quality Act (CEQA). As a result, the City completed an Initial Study (Attachment 2). The City proposes to widen the east side of Dune Palms Road from Westward Ho Drive/ Blackhawk Way to a point approximately 330 feet north of the Coachella Valley Storm Water Channel (CVSC)(about 900 linear feet). Dune Palms Road currently entails a single lane of travel in each direction and a striped median. Dune Palms Road is designated a Secondary Arterial, which provides four travel lanes, a central median, curb, sidewalk and parkway within a 102 foot right of way. The final widened street section will consist of: • 72 foot curb to curb street section, which will provide two 11 foot travel lanes in both directions; • 12 foot wide raised median; • 8 foot bicycle/golf cart lane along each side of the road, adjacent to the 2 foot curb; • 6 foot wide sidewalk; and 7 foot parkway. 169 A right turn lane is proposed to extend from immediately north of the existing church to Westward Ho, along the length of the vacant City property. The widening of Dune Palms Road will also result in modification of the existing traffic signal at Westward Ho Drive to correspond with the revised intersection geometry. The street section on the west side of Dune Palms Road along the entire length of the improvement area is at its ultimate half -width, and includes curb, gutter and sidewalk. Within the project limits, the existing church has one driveway access onto Dune Palms Road, as does the mobile home park. Both of these access driveways will remain, but will be modified to safely operate in the new right of way. All of the land involved in the widening project has been previously disturbed. Lands immediately south of Westward Ho Drive for a distance of approximately 465 feet are currently vacant, but previously had been developed as single-family homes. An existing church, which will remain, is about 150 feet south of these vacant lands. The southern 375± feet of the widening project area is adjacent to the Dune Palms Mobile Home Park. The Park is fully developed, and some of its improvements currently encroach into City right of way, including five existing mobile homes which will need to be relocated or removed as part of the proposed project. The Initial Study determined that the proposed project could impact the environment, but that mitigation measures included in the Initial Study would reduce these impacts to less than significant levels. As a result of the analysis, the City proposes a Mitigated Negative Declaration. A Mitigation Monitoring Program has also been prepared for the project (Attachment 3). Attachments 4 and 5 are comments received on the Initial Study, and Attachment 6 is staffs response to those comments. ALTERNATIVES The City Council may elect not approve the Initial Study/Mitigated Negative Declaration, and provide staff with alternative direction. Prepared by: Nicole Sauviat Criste, Consulting Planner Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer Attachments: 1. Revised Project Vicinity Map 2. Dune Palms Widening Project Initial Study 3. Monitoring Program for CEQA Compliance 4. Letter from Peterson Law Group dated July 13, 2016 5. Email from Marvin Lindholm dated July 13, 2016 6. Response to Comments 170 RESOLUTION NO. 2016 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A MITIGATED NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT 2016-0009 FOR THE DUNE PALMS WIDENING PROJECT. CASE NUMBER: ENVIRONMENTAL ASSESSMENT 2016-0009 APPLICANT: CITY OF LA QUINTA WHEREAS, the City Council of the City of La Quinta, California did, on the 19th day of July, 2016, consider the Dune Palms Road Widening Project Initial Study and associated Mitigated Negative Declaration for the project identified as: THE WIDENING OF DUNE PALMS ROAD FROM WESTWARD HO DRIVE SOUTHERLY A DISTANCE OF 900 FEET WHEREAS, it was determined pursuant to California Environmental Quality Act ("CEQA") and the CEQA Guidelines (Title 14 California Code of Regulations Sections 15000 et seq.) that the Dune Palms Road Widening Project ("Project") could have a significant effect on the environment, and thus warranted the preparation of an Initial Study; and WHEREAS, on June 9t" 2016, the City published a Notice of Intent to Adopt a Mitigated Negative Declaration for the Project in the Desert Sun newspaper, and transmitted the Initial Study/Mitigated Negative Declaration to responsible agencies and other interested parties, and invited public comments on the Initial Study/Mitigated Negative Declaration from June 9t" through June 29t" 2016; and WHEREAS, the City thereafter extended the public comment period to July 13t" 2016, and published notice of same in the Desert Sun and notified responsible agencies and interested parties; and WHEREAS, the City Council of the City of La Quinta has read and considered all environmental documentation comprising the Initial Study/Mitigated Negative Declaration, has found that the Initial Study/Mitigated Negative Declaration considers all potentially significant environmental impacts of the proposed project, and is complete and adequate, and fully complies with all requirements of CEQA; and WHEREAS, prior to action on the project, the City Council has considered all significant impacts and mitigation measures, and has found that all potentially significant impacts on the project have been lessened or avoided. 171 Resolution No. 2016 - Environmental Assessment 2016-0009 Adopted: Page 2 of 3 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of La Quinta does hereby find as follows: SECTION 1. Based on its review and consideration of the Initial Study/Mitigated Negative Declaration and all written communications and oral testimony regarding the proposed project which have been submitted to, and received by, the City, the City Council certifies that the Initial Study/Mitigated Negative Declaration has been completed in compliance with CEQA and the State and local CEQA Guidelines. The City Council finds that the Initial Study/Mitigated Negative Declaration reflects the City Council's independent judgment and analysis as lead agency under CEQA, and hereby adopts and certifies the Initial Study/Mitigated Negative Declaration as complete and adequate. The City Council further certifies that the Initial Study/Mitigated Negative Declaration was presented to the City Council and that the City Council reviewed and considered the information contained in it. SECTION 2. Mitigation Monitoring Plan Approval. Pursuant to Public Resources Code section 21081 and CEQA Guidelines section 15097, the City Council hereby adopts and approves the Mitigation Monitoring and Reporting Program attached hereto as Exhibit "A," which is incorporated herein by reference as though set forth in full. The City Council further finds that the mitigation measures identified in the Initial Study/Mitigated Negative Declaration are feasible. SECTION 3. Location and Custodian of Record of Proceedings. The Planning Division of the City of La Quinta, located at 78-495 Calle Tampico, La Quinta, CA 92253-1504, is hereby designated as the custodian of the documents and other materials which constitute the record of proceedings upon which the City Council's decision is based, which documents and materials shall be available for public inspection and copying in accordance with the provisions of the California Public Records Act (Government Code §§ 6250 et seq.) during normal business hours. SECTION 4. Notice of Determination. Th determination with the County Clerk of the days after this approval. Planning Manager shall file a notice of County of Riverside within five (5) working 172 Resolution No. 2016 - Environmental Assessment 2016-0009 Adopted: Page 3 of 3 PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta City Council, held on this the 19th day of July, 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 173 174 ATTACH M ENT 1 175 176 ATTACH M ENT 2 CITY OF LA QUINTA 78495 Calle Tampico La Quinta, CA 92253 Phone: (760) 777-7000 ENVIRONMENTAL INITIAL STUDY Project Title: Dune Palms Widening Project Case No: Environmental Assessment 2016-0007 City of La Quinta Project 2009-02 Lead Agency City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 (760) 777-7125 Applicant: City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 (760) 777-7125 Contact Person: Nicole Sauviat Criste Consulting Planner (760) 777-7125 Project Location: East side of Dune Palms Road, a distance of 900 feet southerly from Westward Ho Drive General Plan/Zoning: Not Applicable Surrounding Land Uses: North: Westward Ho Drive, Single Family Homes South: Mobile Home Park, Coachella Valley Storm Water Channel East: Vacant Land, Church, Mobile Home Park West: La Quinta High School Project Description: The City of La Quinta proposes to widen the east side of Dune Palms Road to its ultimate General Plan width from Westward Ho Drive/ Blackhawk Way to a point approximately 330 feet north of the Coachella Valley Storm Water Channel (CVSC). The length of the widening improvements is approximately 900 linear feet. The width of the widening varies along the improvement area. Dune Palms is currently constructed within an 88 foot right of way, and includes a single lane of travel in each direction, and a striped median. An asphalt curb that was not constructed to City standards exists along the eastern edge of the street section. There is no gutter or sidewalk on the east side of Dune Palms. On the west side of Dune Palms, along the entire length of the improvement area, the 177 Dune Palms Road Widening Initial Study street is at its ultimate half -width, and includes curb, gutter and sidewalk. Within the project limits, the existing church has one driveway access onto Dune Palms, as does the mobile home park. Both these access driveways will remain, but will be modified to safely operate in the new right of way. This improvement will connect with the widening of Dune Palms Road being undertaken as part of the Dune Palms Bridge Project, which the City is also undertaking. The west half of Dune Palms Road in the project area was built out to its ultimate right of way when the La Quinta High School was constructed. Dune Palms Road is designated a Secondary Arterial, which provides four lanes of traffic, a central median, curb, sidewalk and parkway within a 102 foot right of way. The final widened street section will consist of a 72 feet curb to curb street section, which will provide two I I foot travel lanes in both directions; a 12 foot wide raised median; an 8 foot bicycle/golf cart lane along each side of the road, adjacent to the curb; and a 6 foot wide sidewalk. A right turn lane is proposed to extend from immediately north of the existing church to Westward Ho, along the length of the vacant City property. The widening of Dune Palms Road will also result in the modification of the existing traffic signal at Westward Ho Drive to correspond with the revised intersection geometry. All of the land involved in the widening project has been previously disturbed. Lands immediately south of Westward Ho Drive for a distance of approximately 465 feet are currently vacant, but previously had been developed as single-family homes. Immediately south of these vacant lands for a distance of approximately 150 feet, an existing church occurs, which will remain. The additional right of way required for the widening project will reduce the church building's setback from the road, but will not affect the church building or its parking lot. The southern 375± feet of the widening project area is adjacent to the Dune Palms Mobile Home Park. The Park is fully developed, and some of its improvements currently encroach into City right of way, including five existing mobile homes, which will need to be relocated or removed as part of the proposed project. Engineering for the project will include verification of the right -of way and the determination of which mobile homes are encroaching and will need to be removed or relocated prior to initiation of the proposed project. The project will require utility relocations for overhead electrical distribution lines (Imperial Irrigation District), relocations to existing water meters and backflow preventers, and relocation of existing underground Time Warner Cable equipment. Project Location and Limits: The project area is located north of the Coachella Valley Storm Water Channel, and east of Washington Street. Dune Palms Road will be widened on its eastern side for a distance of approximately 900 feet south of its intersection with Westward Ho Drive. Other Required Public Agency Approvals: None -2- 178 179 180 181 182 Dune Palms Road Widening Initial Study ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture and Forestry Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology /Soils Greenhouse Gas Hazards & Hazardous Hydrology /Water Quality 0 Emissions El Materials ❑ I❑ Land Use / Planning ❑ Mineral Resources ❑ Noise ❑ Population / Housing ❑ Public Services ❑ Recreation Transportation/Traffic Utilities / Service Mandatory Findings of ❑ El Systems ❑ Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, X there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Date -5- 183 Dune Palms Road Widening Initial Study EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance. -6- 184 Dune Palms Road Widening Initial Study Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a X scenic vista? b) Substantially damage scenic resources, including, but not limited to, X trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and X its surroundings? d) Create a new source of substantial light or glare which would adversely X affect day or nighttime views in the area? Source: 2035 General Plan, La Quinta Municipal Code, California Scenic Highway Mapping System, project materials. I. a) No Impact. The proposed project will not impact a scenic vista. The improvement project consists of the paving of a travel lane, and the installation of curb, gutter and sidewalk, all of which will occur at ground level. No vertical structures are planned, and no view blockage will occur. b) No Impact. The proposed project will have no impact on any scenic resource. There are no significant trees, rock outcroppings or historic buildings on or in the vicinity of the proposed improvement project. c) No Impact. The proposed project will have no impact on the existing visual character of the area. The proposed road widening will expand the area of paved surface of Dune Palms Road, consistent with the City's standard roadway cross section, as it now occurs on the west side of the street. There will be no change in the visual character of the area. d) No Impact. The roadway widening project will not, in and of itself, increase traffic, which would be the primary source of light in the area. It is expected that traffic will increase over time, which is why the roadway is being widened. The increase in traffic was analyzed in conjunction with the City's General Plan Update, and the Environmental Impact Report (EIR) studied that increase. The added headlights from the increasing traffic will occur in a north -south direction, onto the roadway, and not into surrounding land uses. The City will install street lights along the improvement area as required by it Public Works standards, but these will occur in the right of way, and will be directed downward and into the street, not onto surrounding land uses. The road widening will have no impact on light or glare. Mitigation Measures: None Monitoring: None -7- 185 Dune Palms Road Widening Initial Study Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IL AGRICULTURE RESOURCES: Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland X Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act X contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of X Farmland, to non-agricultural use? Source: "2035 General Plan", "California Department of Conservation, published January 2012", and "California Department of Conservation Farmland Mapping, project materials". II. a) No Impact. The widening area occurs in an area of the City which is urbanized. No agricultural activities occur within several miles of the proposed project. The land is not designated as Prime or Unique Farmland, nor is it designated Farmland of Statewide Importance. b) No Impact. There are no Williamson Act contracts on or adjacent to the property. The area to be widened is in an urbanized area, and consists of lands designated for Medium Density Residential development. No agricultural zoning occurs in the surrounding area. There will be no conflict with existing zoning. c) No Impact. There is no farmland within several miles of the proposed widening. No impact will occur. Mitigation Measures: None Monitoring: None -8- 186 Dune Palms Road Widening Initial Study Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact III. AIR QUALITY: Would the project: a) Conflict with or obstruct implementation of the applicable air X quality plan? b) Violate any air quality standard or contribute substantially to an existing or X projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or X state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to X substantial pollutant concentrations? e) Create objectionable odors affecting a X substantial number of people? Source: La Quinta General Plan, SCAQMD CEQA Handbook; 2003 PM10 Plan for the Coachella Valley, SCAQMD 2012 Air Quality Management Plan; Road Construction Emissions Model, version 7.1.5.1; project materials. III. a) No Impact. The Coachella Valley, including the project area, is located within the Salton Sea Air Basin (SSAB), which is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). SCAQMD is responsible for monitoring criteria air pollutant concentrations and establishing management policies for the SSAB. All development within the SSAB is subject to SCAQMD's 2012 Air Quality Management Plan (2012 AQMP) and the 2003 Coachella Valley PMIo State Implementation Plan (2003 CV PM10 SIP). The project will be developed in accordance with all applicable air quality management plans. The AQMP is based, in part, on the General Plan of the jurisdictions in the region. This includes build out plans for General Plan roadways, including Dune Palms Road. The widening of the street will result in the ultimate build out of Dune Palms, to accommodate future traffic and reduce the potential for future congestion. These improvements are consistent with the AQMP. b) Less than Significant Impact. The proposed roadway widening will occur in a 25 foot wide area along the eastern edge of Dune Palms Road, for a distance of approximately 600 feet, while the northerly 300 feet will include a right turn lane, and disturb an area up to 40 feet in -9- 187 Dune Palms Road Widening Initial Study width. In total, about 27,000 square feet of land will be disturbed for the project. The area of the widening project consists of vacant, previously disturbed lands on the northern half of the project area, and landscaped frontages on the southern half of the project area. The widening project will result in air emissions associated with the grading of the area, and with the construction of the roadway. The widening project will not result in a direct increase in operational emissions. Over the long term, it is expected that daily trips will increase as growth occurs in the City, consistent with the analysis completed in the City's General Plan EIR. Construction Emissions The construction period includes all aspects of project development, including site preparation, grading, hauling, paving and striping. For analysis purposes, it is assumed that construction will occur over a 4-month period, starting in early 2017. As shown in Table 1, emissions generated by construction activities will be less than significant levels. The data reflect maximum daily emissions over the 4-month construction period. Applicable minimization measures and best management practices include, but are not limited to, the implementation of dust control practices in conformance with SCQAMD Rule 403 and proper maintenance and limited idling of heavy equipment. Adherence to such measures will ensure construction related emissions would remain less than significant. Table 1 Dune Palms Widening Maximum Daily Construction -Related Emissions Summary (pounds per day) Construction Emissions CO NOX ROG PMio PM2.5 2017 51.2 99.6 9.7 5.6 4.7 SCAQMD Thresholds 550.00 100.00 75.00 150.00 55.00 Exceeds? No No No No No Source: Road Construction Emissions Model, version 7.1.5.1 output tables generated 5.23.16. Operational Emissions The proposed project will have no direct operational impact on criteria pollutants, insofar as the widening of the roadway will not generate any new vehicle trips, or create any new land uses. Therefore, there will be no impact associated with project operation. c) Less than Significant Impact. Historically, the Coachella Valley, in which the project site is located, has been classified as a "non -attainment" area for PMIo and ozone. In order to achieve attainment in the region, the 2003 Coachella Valley PMIo Management Plan was adopted, which established strict standards for dust management for development proposals. The Salton Sea Air Basin (SSAB) is currently (May 2016) a non- attainment area for PMIo and is classified as attainment/unclassifiable for PM2.5. The proposed project will contribute to an incremental increase in regional ozone and PMIo emissions. However, given its limited size and scope, cumulative impacts are not expected to be considerable. Project construction and operation emissions will not exceed SCAQMD thresholds for PMIo or ozone precursors (NOx). The project will not conflict with any attainment plans and will result in less than significant impacts. -10- 188 Dune Palms Road Widening Initial Study d) Less than Significant with Mitigation. The nearest sensitive receptors are mobile homes located immediately east of the improvement area. The closest mobile home to the project area occurs at a distance of approximately 30 feet from the build out right of way. To determine if the proposed project has the potential to generate significant adverse localized air quality impacts, the mass rate Localized Significance Threshold (LST) Look -Up Table was used. The City of La Quinta and subject property are located within Source Receptor Area 30 (Coachella Valley). Given the project's size and proximity to existing housing, the 1-acre site tables at a distance of 25 meters were used. Table 2 shows on -site emission concentrations for project construction and the associated LST. As shown in the table below, LSTs will not be exceeded for CO and NOx. However PMIo and PM2.5 exceed LSTs by 1.6 and 1.7 pounds per day, respectively. Mitigation measures set forth at the end of this section are required to ensure particulate matter emissions are reduced by approximately 35%, resulting in less than significant impacts to sensitive receptors. Table 2 Dune Palms Widening Localized Significance Thresholds (pounds per day) CO NOx PMIo PM2.5 Construction 51.2 99.6 5.6 4.7 LST Threshold 878 132 4 3 Exceed? No No Yes Yes Emission Source Road Construction Emissions Model, version 7.1.5.1 output tables generated 5.23.16. LST Threshold Source: LST Mass Rate Look -up Table, SCAQMD. e) Less than Significant Impact. The widening project will not generate any new land use which will emit odors. The grading and paving of the roadway may result in asphalt or equipment odors during that time. However, the odors will occur for a very short time period, and will dissipate quickly. Impacts will be less than significant. Mitigation Measures: 1. SCAQMD Rule 403 (403.1 specific to the Coachella Valley): A dust control Plan shall be prepared and implemented during all construction activities, include but not limited to ground disturbance, grubbing, grading, and paving. Said plan shall include but not be limited to the following best management practices to achieve a 35% particulate matter reduction: a) Chemically treat soil where activity will cease for at least four consecutive days; b) All construction grading operations and earth moving operations shall cease when winds exceed 25 miles per hour; c) Water site and equipment morning and evening and during all earth -moving operations; d) Operate street -sweepers on paved roads adjacent to site; Dune Palms Road Widening Initial Study e) To control fugitive dust emissions, wash off trucks as they leave the project site as necessary. f) Cover all transported loads of soils, wet materials prior to transport, provide adequate freeboard (space from the top of the material to the top of the truck) to reduce PMIO and deposition of particulate matter during transportation. 2. To reduce particulate matter (PM) emissions, construction equipment should utilize diesel particulate filters during all construction activities. 3. Construction and equipment staging shall be located as far as practicable from sensitive receptors. Monitoring: 1) Grading permits, as well as required dust control plans, shall be reviewed and conditioned to require the provision of all appropriate methods and technologies to assure the minimal emissions of pollutants from the project, in accordance with existing standards as revised and updated by SCAQMD. The City shall review grading and dust control plan applications to ensure conformance with the above referenced mitigation measures. Responsible Parties: City of La Quinta, Construction Manager -12- 190 Dune Palms Road Widening Initial Study Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IV. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local X or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional X plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, X vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with X established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, X such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or X other approved local, regional, or state habitat conservation plan? Source: 2035 General Plan, Coachella Valley MSHCP, project materials. IV. a) Less Than Significant with Mitigation. The area in which the proposed project will occur is entirely disturbed. In the southerly 600 feet of the widening area, no native habitat occurs, and Dune Palms Road Widening Initial Study ornamental landscaping has been installed at the church and mobile home park. This landscaping includes a number of large trees, which are likely nesting habitat for local and migratory birds. The northern 300 feet of the improvement area has been scraped in conjunction with the demolition of the previously occurring single family homes. Three non- native trees remain on these properties, and would be removed by the proposed widening project. These trees also have the potential to provide nesting habitat for local and migratory birds. The proposed project is required to comply with the Migratory Bird Treaty Act, which protects nesting birds. In order to assure that impacts to nesting birds are less than significant, mitigation will be required, and is provided below. b, c) No Impact. The project area does not contain any riparian habitat or other native community. There are no wetlands within the project area. There will be no impact to riparian habitat, native communities or wetlands as a result of the road widening. d) No Impact. The project area is 25 to 40 feet wide and 900 feet in length, and surrounded by development. It does not contain natural habitat. As a result, it is completely unsuitable as a wildlife corridor. There will be no impact associated with the movement of native species as a result of the proposed road widening. e,f) No Impact. The project area is located within the boundary of the Coachella Valley Multiple Species Habitat Conservation Plan (MSHCP). The project area is not located within or adjacent to any conservation area, as defined by the MSHCP. Further, the MSHCP considers General Plan roadway improvements covered activities, no subject to payment of the mitigation fee. The widening of Dune Palms Road will have no impact on local policies or conservation plans. Mitigation Measures 1. To comply with the MBTA, any vegetation or tree removal occurring between January 1st and August 31 st shall require the preparation of a nesting bird survey by a qualified biologist. All suitable nesting habitat on the project site shall be surveyed for nesting birds within 30 days of the initiation of ground disturbing activity. If active nests of any native bird are found on site, they will be avoided until after the young have fledged. If no nests are present, this condition will be cleared. If vegetation removal activities are conducted outside the breeding season (September 1 st through December 31 st), this mitigation measure will not apply. Monitoring A. The City's Planning Division shall assure that necessary nesting bird surveys are completed in compliance with the Migratory Bird Treaty Act and applicable protocol. Responsible Parties: Planning Division Schedule: Between January lst to August 31st and no more than 30 days prior to site disturbance. -14- 192 Dune Palms Road Widening Initial Study Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact V. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in the significance of a historical resource as X defined in ' 15064.5? b) Cause a substantial adverse change in the significance of an archaeological X resource pursuant to ' 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique X geologic feature? d) Disturb any human remains, including those interred outside of formal X cemeteries? Source: 2035 General Plan, project materials. "Dune Palms Low -Water Crossing Replacement Project ASR," Cogstone Resource Management, February 2016. V. a, b)No Impact. The area to be widened consists of a narrow strip of land, 25 to 40 feet wide by 900 feet in length. The area of the proposed improvement has been surveyed for historic and prehistoric resources, as part of the adjacent bridge widening project. In addition, the property on which the church occurs, and the La Quinta High School property were surveyed prior to construction. There are no historic resources on any portion of this area. Lands to the north are vacant, and contain no historic structures. Neither the existing church nor the mobile homes within the existing park are historic. The widening project will have no impact on historic resources. Previous archaeological resource surveys conducted within the area of the proposed project identified no resources in or adjacent to the project area. There will be no impact to archaeological resources. c) No Impact. The widening project occurs well north of the historic boundary of ancient Lake Cahuilla, which is the only paleontologically sensitive geologic feature in the City. The soils outside the boundary of the ancient lake are too young geologically, and are composed of sands and fine sands, which are not conducive to fossilization. As a result, no impacts to paleontological resources will result with the widening project. d) No Impact. The area proposed for road widening is not a part of a known burial ground, nor is it adjacent to a known burial ground. California law requires that any human remains found when excavations occur be reported to law enforcement. Further, law enforcement is required to determine if the remains have the potential to be culturally significant to local Native American Tribes, and to contact the Tribes if they are determined to be so. These -15- 193 Dune Palms Road Widening Initial Study requirements of State law assure that there will be no impact to human remains as a result of the widening project. Mitigation Measures: None Monitoring: None -16- 194 Dune Palms Road Widening Initial Study Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, X including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map X issued by the State Geologist for the area or based on other substantial evidence of a known fault? ii) Strong seismic ground shaking? X iii) Seismic -related ground failure, X including liquefaction? iv) Landslides? X b) Result in substantial soil erosion or the X loss of topsoil? c) Be located on expansive soil, as defined in Table 18-1-B of the Uniform X Building Code (1994), creating substantial risks to life or property? d) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems X where sewers are not available for the disposal of waste water? Sources: 2035 General Plan; project materials. VI. a) No Impact. The area to be widened is not located in an Alquist Priolo Earthquake Zone, as none occur within City limits. However, the site will be subject to significant ground shaking in a seismic event. The City will require that all roadway construction be completed according to best engineering practices, to assure that the roadway survives strong seismic activity. As the site is level, flat and not in an area susceptible to liquefaction (see below), the widening is not expected to require special construction techniques beyond this to maintain its integrity. No impact associated with ground shaking is expected. The site is not susceptible to liquefaction. Liquefaction occurs when unconsolidated soils mix with a high groundwater table or perched groundwater, generally at a depth of less than 50 feet. The soil loses its consolidation and can cause structures, and roadbeds, to fail. The -17- 195 Dune Palms Road Widening Initial Study widening project does not occur within a liquefaction hazard area, as identified in the General Plan. As a result, no impact associated with liquefaction is expected. The widening project occurs in an area which is flat and generally level. The area is in the center of the City, and not adjacent to any slope. No impact associated with landslides or rockfall will result from the completion of the widening project. b) Less than Significant Impact. The widening project will be subject to the potential for soil erosion due to wind and water during its construction. The City will implement PM10 Management Plans for the construction of the roadway, consistent with its standards for all projects, to assure that wind erosion is controlled (also see Air Quality, above). The City will also implement best management practices relating to storm water management during the construction process, to assure that storm water is not polluted by soils from on site or up stream sources. These City requirements will assure that the impacts associated with soil erosion will be less than significant. c) No Impact. The City's soils are not expansive, as they consist of sands and silty sands. No impact will occur. d) No Impact. The widening of Dune Palms will have no impact on septic or sewer systems, as roadway widening will not require septic or sanitary sewer service. Mitigation: None. Monitoring: None. -18- 196 Dune Palms Road Widening Initial Study Potentially Less Than Less Than No VII. GREENHOUSE GAS EMISSIONS Significant Significant Significant Impact -- Would the project: Impact w/ Impact Mitigation a) Generate greenhouse gas emissions, either directly or indirectly, that may have X a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of X reducing the emissions of greenhouse gases? Source: Road Construction Emissions Model, version 7.1.5.1, project materials. VII.a,b)Less than Significant Impact. The widening of Dune Palms will result in the generation of Greenhouse Gases (GHGs) during the grading and paving of the roadway. The widening will have no direct long-term impact on GHGs, insofar as the widening of the roadway will not generate any new vehicle trips, or create any new land uses. Project construction is anticipated to generate approximately 332.7 metric tons of CO2e. State legislation, including A1332, aims for the reduction of greenhouse gases to 1990 levels by 2020; however, there are currently no thresholds for greenhouse gases associated with roadway projects in the SCAQMD. It is recognized that GHG impacts are intrinsically cumulative. Project construction will be conducted in a manner that is consistent with applicable rules and regulations pertaining to the release and generation of GHG's. Statewide programs and standards will further reduce GHG emissions generated by the project, including new fuel -efficient standards for cars, and newly adopted Building Code Title 24 standards. The proposed project will have a less than significant impact on the environment from the emission of GHG's and will not conflict with any applicable GHG plans, policies or regulations. Mitigation: None. Monitoring: None. -19- 197 Dune Palms Road Widening Initial Study Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VIIL HAZARDS AND HAZARDOUS MATERIALS --Would theproject: a) Create a significant hazard to the public or the environment through the routine X transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions X involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, X substances, or waste within one -quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section X 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport X or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety X hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response X plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are X adjacent to urbanized areas or where residences are intermixed with wildlands? Source: 2035 General Plan, CA Department of Toxic Substances, project materials. VII. a) No Impact. The widening of Dune Palms Road will have no impact on the transport, use or disposal of hazardous materials. The road widening will not change traffic patterns in the area, and any use of Dune Palms to transport materials now would continue. Should a spill occur, as would occur now, the Fire Department would implement its hazardous materials response procedures, which are currently in place. -20- 198 Dune Palms Road Widening Initial Study b) Less Than Significant Impact. During the widening process, heavy equipment may experience a spill of gasoline, diesel fuel or other chemical compound used in these vehicles and equipment. Such a spill would be small, and would be handled in one of two ways: The City will require the installation of best management practices relating to NPDES requirements as part of the construction process. These practices will include the collection of materials spilled in the construction area, and their proper disposal so that they do not contaminate surface waters, should a spill occur during a rain event. Should a spill be of a larger nature, the City will, as a matter of policy, contact the Fire Department and properly remediate the spill. These standard procedures will assure that impacts associated with the release of chemicals and oils at the site will be less than significant. c) No Impact. The proposed widening project will occur on the east side of Dune Palms Road. The La Quinta High School occurs on the west side of Dune Palms Road. As described in response to questions a) and b) above, the widening project will have no impact on the transport of hazardous materials, if they occur. The procedures required to remediate a spill will be implemented, should one occur, regardless of the widening of the roadway. Therefore, the roadway widening will not impact the potential associated with hazardous materials near a school. d) No Impact. The area proposed for widening is not listed on any County, State or federal list of hazardous materials site. No impact will occur. e - f) No Impact. The widening project is located 2.5 miles south of the Bermuda Dunes Airport, and 7 miles northwest of the Jacquie Cochran Airport. There are no other airstrips in the vicinity. The widening project will have no impact safety at either airport. g) No Impact. The proposed widening project will result in a beneficial impact as relates to emergency response, insofar as it will provide full improvements and expanded travel lanes, and allow easier access for emergency vehicles. The City's fire station at Adams Street and Fred Waring Drive, one mile north of the widening project, will benefit from the improved circulation created by the widening. h) No Impact. The proposed widening project will have no impact on wildland fires. This section of Dune Palms Road occurs in the City's urban core, and is not located near any wildland, hillside or conservation area. There is no potential for wildland fires as a result of the proposed widening project. Mitigation measures: None. Monitoring: None. -21- 199 Dune Palms Road Widening Initial Study Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IX. HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or X waste discharge requirements? b) Substantially deplete groundwater X supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including X through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on - or off -site? d) Substantially alter the existing drainage X pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on - or off -site? e) Create or contribute runoff water which X would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Place housing within a 100-year flood X hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? g) Place within a 100-year flood hazard X area structures which would impede or redirect flood flows? Source: 2035 General Plan; FEMA Flood Insurance Rate Map; project materials. -22- 200 Dune Palms Road Widening Initial Study IX. a, b) No Impact. The proposed road widening will have no impact on water quality standards or waste discharge requirements. The City will implement best management practices to assure that surface waters are protected from hazardous materials and other pollutants during the construction process. Roadway widening will include landscaping of the parkway within the right of way. The City will connect to existing water service lines in Dune Palms Road for irrigation of this landscaping. The landscaping will conform to the City's strict water conservation requirements for native and drought tolerant landscaping. Should water restrictions be in place when the project is constructed, or at any time in the future, the City will be subject to these restrictions. The amount of water expected to be required for landscaping of the widened parkway will not be significant. No impact is expected. c - e) No Impact. The City will design the roadway to accommodate the 100 year storm flows within the right of way, which is the City's standard. The design will better control storm flows than in the current condition, since the current lack of improvements on the east side of the road allows sheet flows across the roadway and onto downstream property. The road widening project will therefore result in a beneficial impact as relates to flooding on downstream properties. Design of the roadway will also include best management practices to assure that storm waters do not leave the roadway carrying pollutants, thereby protecting off -site properties from polluted runoff. f, g) No Impact. The site is not located in a flood zone as designated by FEMA. The widening project will not result in the construction of any structures. Therefore, no impact is expected. Mitigation: None. Monitoring: None. -23- 201 Dune Palms Road Widening Initial Study Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact X. LAND USE AND PLANNING - Would the project: a) Physically divide an established X community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general X plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community X conservation plan? Sources: 2035 General Plan, 2003 CVMSHCP Figure 4-1: Conservation Areas; project materials. X. a) No Impact. The widening of Dune Palms Road will occur on a 25 to40 foot wide by 900 foot long parcel, on lands which are vacant or represent the frontage of existing development. The proposed widening will not divide an established community. The mobile homes not encroaching in the right of way will not be disturbed by the proposed widening, and will continue to be occupied. Please see Population and Housing, below, for a discussion of the removal or relocation of mobile homes. b) Less Than Significant Impact. The proposed widening will result in Dune Palms Road being constructed to its General Plan roadway designation of Secondary Arterial, with a 102 foot right of way. The proposed widening is therefore consistent with and implements the General Plan. All construction will be to City standards and specifications. No impact associated with conflicts with City plans, policies or regulations will occur. c) No Impact. The project site is within the boundaries of the Coachella Valley Multiple Species Habitat Conservation Plan, and will be subject to the regulations associated with that Plan. Therefore, the proposed project will not impact the existing CVMSHCP. Mitigation: None. Monitoring: None. -24- 202 Dune Palms Road Widening Initial Study Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XI. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a known mineral resource that would be of X value to the region and the residents of the state? b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local X general plan, specific plan or other land use plan? Sources: 2035 General Plan, project materials. XI. a, b) No Impact. No mineral resources are expected to occur within the widening project area. There are no significant mineral resources in the vicinity of the widening project. No impact will occur. Mitigation: None Monitoring: None -25- 203 Dune Palms Road Widening Initial Study Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XII. NOISE - Would the project result in: a) Exposure of persons to or generation X of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation X of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic X increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a X private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Source: 2035 General Plan EIR. XII. a & c) Less than Significant Impact. The roadway improvements will result in a four lane road, built to its ultimate width. The north half of the project area is currently vacant, and will not be impacted by noise. The south half of the project area is currently occupied by a mobile home park. The homes within the park are sensitive receptors, which require 65 dBA CNEL noise levels in exterior back yard areas. The mobile home park includes an existing perimeter fence which would be replaced. The General Plan EIR projected that at build out, Dune Palms Road will experience Level of Service (LOS) A between Westward Ho and Highway 111, with a volume to capacity ratio of 0.59. Traffic on Dune Palms will therefore continue to be light, and will generate noise levels of 65.5 dB at 100 feet from the centerline of Dune Palms. The perimeter fence surrounding the mobile home park, at a height of 6 feet, will provide noise attenuation of approximately 6 dB. Therefore, the noise levels outside the mobile homes -26- 204 Dune Palms Road Widening Initial Study closest to Dune Palms will be approximately 59.5 dB, well below the City's standard. Impacts will be less than significant. b &d) Less than Significant Impact with Mitigation. The widening of Dune Palms Road will result in temporary vibration and elevated noise levels associated with the heavy equipment which will be used to grade and pave the roadway. The peak noise level for construction equipment ranges from 70 to 95 dBA at a distance of 50 feet. The grading activities on the project site will cause temporary increases in noise levels above the City's standards, but these increases will be temporary and periodic. The project is estimated to last approximately 3 to 4 months. However, not all of the construction period will involve heavy equipment. Construction noise is regulated by the Municipal Code to occur during the noisier day time hours, which helps to lower the potential impacts. The fence surrounding the mobile home park will provide attenuation of noise levels. Since the heavy equipment will be working on a long narrow project, it will be moving north and south on the site. The construction process has the potential to cause annoyance and short term disturbance of the residents in the immediate area. This impact can be mitigated to less than significant levels, with the implementation of mitigation measures, as provided below. e, f) No Impact. The project site is not located within the noise contours of any airport or airstrip. No impact will occur. Mitigation Measures 1. All heavy equipment shall be equipped with properly functioning mufflers. 2. No vehicle shall be allowed to idle for more than 5 minutes within 50 feet of the mobile home park. 3. Any staging areas or storage areas for stationary equipment shall be located on currently vacant City property. Stationary equipment shall be oriented so as to direct noise away from residential development. 4. All construction activities shall occur in strict compliance with the construction hours allowed in the Municipal Code. Monitoring A. The Public Works Department shall ensure that noise mitigation is implemented through the construction period by regular inspection of the construction site. Responsible Parties: Public Works Department Schedule: Throughout the construction of the project. -27- 205 Dune Palms Road Widening Initial Study Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIII. POPULATION AND HOUSING — Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) X or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the X construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of X replacement housing elsewhere? Source: 2035 General Plan Housing Element, project materials. XIII. a) No Impact. The proposed roadway widening will not induce population growth. The widening project is consistent with the General Plan roadway designation of Secondary Arterial, and the widening of the roadway is designed to respond to growth, not induce it. This area of the City is mostly built out, and only limited growth can occur. Traffic volumes on Dune Palms are not expected to increase significantly over time. The widening project will improve safety on the roadway, but will not induce growth. b & c) Less Than Significant Impact. The widening of Dune Palms Road may require the removal or relocation of three mobile homes and two ancillary structures, which are encroaching into the City's the right of way. The final engineering for the project will determine whether they will need to be removed or relocated. Assuming that they do need to be removed, the mobile home units do not represent a substantial number of units. The City, as part of the project, has dedicated funds to relocate or rebuild the units on currently vacant spaces within the park. Should removal and/or relocation of these units be necessary, the City will follow all legally required steps. State law requires that the City pay fair market value for any property which it needs to acquire to provide public improvements. In the event that the City must acquire any structures, the City would be required to compensate the owner(s) of the structures. In addition, if the City is legally required to acquire the mobile homes, the Uniform Relocation Assistance and Real Properties Act would require that the City relocate, at its expense, qualifying residents of these units. Should the residents of the affected units qualify for relocation, the City would be required to prepare a relocation plan, and implement it prior to the initiation of the roadway widening project. -28- 206 Dune Palms Road Widening Initial Study 25 California Code of Regulations Section 6090 requires that an agency acquiring a residential unit pay the resident actual reasonable moving expenses. 25 California Code of Regulations Section 6102 and 6104 also require that replacement housing payments be made to qualifying residents, if relocation is necessary. To the extent applicable, the City will follow these State requirements. In light of all these federal and State requirements, any impacts associated with the potential removal of encroaching structures will be less than significant. Mitigation: None Monitoring: None -29- 207 Dune Palms Road Widening Initial Study Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIV. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? X Police protection? X Schools? X Parks? X Other public facilities? X Source: 2035 General Plan, project materials. XIV. a) No Impact. The widening of Dune Palms will have no impact on public facilities. The roadway widening will facilitate better access and response for the Fire and Police Departments by providing a second travel lane. The widening will also improve access to the adjacent La Quinta High School, allowing for better traffic flow during the more congested morning and afternoon pick up times. The widening will have no impact on parks or other public facilities. Mitigation: None Monitoring: None -30- 208 Dune Palms Road Widening Initial Study Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XV. RECREATION -- a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that X substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which X might have an adverse physical effect on the environment? Sources: 2035 General Plan, project materials. XV. a-b) No Impact. Widening of Dune Palms will have no impact on either the use of parks or recreational facilities. Mitigation: None Monitoring: None -31- 209 Dune Palms Road Widening Initial Study Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVL TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial X increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion X management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in X traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or X dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency X access? f) Result in inadequate parking capacity? X g) Conflict with adopted policies, plans, or programs supporting alternative X transportation (e.g., bus turnouts, bicycle racks)? Source: 2035 General Plan, project materials. XVI. a & b) No Impact. The widening of Dune Palms will result in four travel lanes, bike lanes, curb gutter and sidewalk, all meeting the City's standard for Secondary Arterials. Although Dune Palms currently operates at acceptable levels of service, the widening will improve traffic safety, particularly for northbound traffic, and provide pedestrian access through the installation of a curb -adjacent sidewalk. These improvements will result in beneficial impacts for motorists, bicyclists and pedestrians in the area. The widening will not increase volumes on Dune Palms, and as such will have no impact on level of service. -32- 210 Dune Palms Road Widening Initial Study c) No Impact. The nearest airport, Bermuda Dunes Airport, is located approximately 2.5 miles north of the proposed site. The project is not located within proximity to an airport and will not impact air traffic patterns. d) No Impact. The widening of Dune Palms will have a beneficial impact on safety features and existing hazards, by providing a completed street with a concrete sidewalk, and eliminating the need for pedestrians, including high school students, to walk on the unpaved shoulder. e) No Impact. The widening of Dune Palms will improve access for fire and police vehicles traveling to and from north La Quinta. No impact will occur. f) No Impact. The widening will have no impact on parking capacity, insofar as a roadway improvement does not require parking. g) No Impact. The roadway improvement will have a beneficial impact on alternative transportation, by providing a sidewalk for pedestrians, a striped bike lane on the east side, and improvements for transit vehicles, should a bus route be planned here in the future. Mitigation Measures: None Monitoring: None -33- 211 Dune Palms Road Widening Initial Study Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVII. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional X Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing X facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the X construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or X are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has X adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the X project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid X waste? Source: Project materials XVII. a-g) No Impact. The widening of Dune Palms will have no impacts on utilities and service systems. Existing utilities located beneath the roadway will remain. IID and Time Warner Cable facilities will be relocated within the expanded right of way. These activities are required by the City's standards, and will assure that utilities are not impacted. -34- 212 Dune Palms Road Widening Initial Study The proposed widening will not require sanitary sewer service, and as such will have no impact on these services. The landscaping within the parkway will require water for irrigation, which is currently available at the project area. Please see Hydrology and Water Resources, above. The proposed widening will not require solid waste services, and will generate very little solid waste, insofar as the proposed roadway widening occurs on lands which are vacant or developed with landscaping. Any construction waste generated by the project will be disposed of through approved haulers, and taken to an approved construction waste disposal facility, according to the requirements of State law. Mitigation: None. Monitoring: None. -35- 213 Dune Palms Road Widening Initial Study Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVIII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a X plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve short-term, to the disadvantage X of long-term environmental goals? c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when X viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? d) Does the project have environmental effects which will cause substantial X adverse effects on human beings, either directly or indirectly? a) Less than Significant with Mitigation. The roadway improvements installed in conjunction with the widening of Dune Palms will encompass an area of 27,000 square feet, on lands which have been significantly impacted previously. Potential impacts to migratory birds can be mitigated to less than significant levels. No other impacts to biological resources are expected. The development of the project will not result in negative impacts to any important examples of California history or prehistory, or to paleontological resources. -36- 214 Dune Palms Road Widening Initial Study b) No Impact. The widening of Dune Palms is a long term goal of the General Plan, insofar as the proposed improvements will bring this currently substandard roadway to its ultimate, General Plan designation of Secondary Arterial. c) No Impact. The widening of Dune Palms will have no cumulative impacts. The widening is occurring in response to growth in the area, not to stimulate growth, and will result in beneficial improvements for traffic in the area. d) Less than Significant with Mitigation. The construction process could have short term noise impacts, which could affect human beings. The mitigation measures included in this document, however, assure that impacts will be reduced to less than significant levels. References City of La Quinta 2035 General Plan City of La Quinta Municipal Code. CalEEMod Version 2013.2.2 2003 Coachella Valley MSHCP FEMA Flood Insurance Rate Map Panel #2233G CA Department of Toxic Substances SCAQMD CEQA Handbook 2003 PM10 Plan for the Coachella Valley SCAQMD 2012 Air Quality Management Plan California Department of Conservation Farmland Mapping California Scenic Highway Mapping System -37- 215 216 CITY OF LA QUINTA MONITORING PROGRAM FOR CEQA COMPLIANCE DATE: July 5, 2016 ASSESSORS PARCEL NO.: Not Applicable CASE NO.: CITY PROJECT NO. 2009-02 PROJECT LOCATION: East side of Dune Palm Road, from Westward Ho southerly a distance of approximately 900 feet EA/EIR NO: EA 2016-0009 APPROVAL DATE: In Process APPLICANT: City of La Quinta THE FOLLOWING REPRESENTS THE CITY'S MITIGATION MONITORING PROGRAM IN CONNECTION WITH THE MITIGATED NEGATIVE DECLARATION FOR THE ABOVE CASE NUMBER SUMMARY MITIGATION MEASURES RESPONSIBLE FOR MONITORING TIMING CRITERIA COMPLIANCE CHECKED BY DATE III. AIR QUALITY Implement SCAQMD Rule 403 Public Works During grading and Field inspections. construction Use diesel particulate filters on Public Works During grading and Field inspections. construction equipment. construction Locate staging areas as far from Public Works During grading and Field inspections. sensitive receptors as possible. construction SUMMARY MITIGATION MEASURES RESPONSIBLE FOR MONITORING TIMING CRITERIA COMPLIANCE CHECKED BY DATE IV. BIOLOGICAL RESOURCES Conduct pre -construction nesting bird Public Works Within 30 days of vegetation Report from surveys. removal if occurring between qualified biologist. January 1 and August 31. 217 SUMMARY MITIGATION MEASURES RESPONSIBLE FOR MONITORING TIMING CRITERIA COMPLIANCE CHECKED BY DATE XII. NOISE All fixed and mobile construction Public Works During construction. Site inspections. equipment to be properly mufflered. All stationary equipment to emit noise Public Works During construction. Site inspections. away from sensitive receptors and be located as far as possible from sensitive receptors. Equipment to be shut down and not left Public Works During construction. Site inspections. to idle. Construction hours to comply with Public Works During construction. Site inspections. Municipal Code. 218 ATTACH ENT 4 PETERSON LAW GROUP PROFESSIONAL CORPORAITON sLiiTE 290 19800 NLICARTI MR BOULINARD IRVINE, CALIFORNIA 92612 TELEPI IONS (949) 955-0127 FACSIMILE (949) 955-9007 Via Facsimile and Email July 13, 2016 Nicole Sauviat Criste, Consulting Planner City of La Quinta Planning Department 78-495 Calle Tampico La Quinta, California 92253 Email: ncriste@la-quinta.org Facsimile: (760) 777-7011 Re: Comments Re: Dune Palms Road Widening Proiect Environmental Assessment 2016-0009 Request for Environmental Impact Report Dear Ms. Criste: This office has been engaged by the Dune Palms Mobile Estates ("DPME") to respond to the City of La Quinta's ("City") Notice of Intent to Adopt a Mitigated Negative Declaration ("MND") with respect to the Dune Palms Road Widening Project ("Project"). Please communicate these comments to the Honorable Members of the City Council and ensure this letter finds a place in the official record related to the above -referenced matter. The Dune Palms Road Widening Environmental Initial Study ("EIS") contains a discrepancy with respect to the width of the City's right of way. The EIS states that "Dune Palms [Road] is currently constructed within an 88 foot wide right of way." EIS, pg. 1. The EIS then states "Dune Palms Road is designated a Secondary Arterial... within a 102 foot right of way." EIS, pg. 2. It is DPME's understanding that the right of way is 88 feet only. This is clearly stated in the City's letters to DPME dated March 24, 1994 and April 14, 1994, attached hereto as Exhibit A. The EIS appears to be operating under the assumption that the right of way is in fact 102 feet; this assumption erroneously converts 7 feet of DPME's property into the City's right of way. DPME is entitled to compensation for the City's taking of 7 feet of its property. The EIS concludes that "engineering for the project will include verification of the right -of way and the determination of which mobile homes are encroaching and will need to be removed or relocated prior to initiation of the proposed project." EIS, pg. 2. This is not an issue that can be properly mitigated if the environmental assessment issued by the City is based on incorrect assumptions. As explained below, there are environmental impacts that are triggered by the City's road widening. The City must verify the right of way prior to completing its environmental assessment of the Project. 219 Nicole Sauviat Criste, Consulting Planner City of La Quinta July 13, 2016 Page 2 of 3 A MND is not appropriate because there is at least a "fair argument" that the proposed project will have a significant impact on the environment. The proposed road widening project will have a significant environmental impact. An Environmental Impact Report ("EIR") should be required instead of a MND. Within the area where Dune Palms Road is proposed to be widened are Kingdom Hall of Jehovah's Witnesses' church, and our client the DPME mobile home park. The proposed road widening and increased traffic capacity will have a significant effect on the environment. It will negatively impact on the ease and safety of ingress and egress from DPME, and will cause danger to children and other residents of DPME, as well as churchgoers. "[I]f a lead agency is presented with a fair argument that a project may have a significant effect on the environment, the lead agency shall prepare an EIR even though it may also be presented with other substantial evidence that the project will not have a significant effect. CEQA Guidelines Section 15064 (14 Cal. Code Regs. 15064); and see Pocket Protectors v. City of Sacramento (2004) 124 Cal. App. 4th 903. The fair argument standard is a "low threshold" test for requiring the preparation of an EIR. [citations] It is a question of law, not fact, whether a fair argument exists, and the courts owe no deference to the lead agency's determination. Review is de novo, with a preference for resolving doubts in favor of environmental review. Pocket Protectors v. City of Sacramento (2004) 124 Cal. App. 4th 903, 928. "`Environment' means the physical conditions which exist within the area which will be affected by a proposed project, including land, air, water, minerals, flora, fauna, noise, objects of historic or aesthetic significance." Cal. Pub. Resources Code §21060.5. A project may have a "significant effect on the environment" if it has the potential to degrade the quality of the environment or the environmental effects of a project will cause substantial adverse effects on human beings, either directly or indirectly. Cal. Pub. Resources Code §21083(b)(3). Specific impacts upon Dune Palms and its residents include: (i) removal of the shoulder to the present one -lane road, which currently allows cars to slow outside out of the travelled lane, will make it dangerous to turn into Dune Palms; (ii) the proposed lane addition will move high- speed traffic up to twelve feet closer to the Dune Palms' residences, significantly increasing noise and air pollution impacts on residents; (iii) reasonably foreseeable increases in both traffic volume and speeds will significantly increase noise and air pollution impacts on the residents; and (iv) the removal or relocation of at least three (3) mobile homes and two (2) ancillary structures, including the swimming pool, will divide the mobile home community. The EIS concludes that there is no land use and planning impact as a result of the Project. The EIS concludes that the Project will not physically divide an established community. This is not true. The operational infrastructure of the DPME mobile home park, including the pool, park office, master utility meters, and laundry room, are located on the first 100 feet of the western 220 Nicole Sauviat Criste, Consulting Planner City of La Quinta July 13, 2016 Page 3 of 3 border of the property, facing Dune Palms Road. The proposed mobile homes and ancillary structures to be removed or relocated include the caretaker's home, the laundry facility, the office, and the swimming pool. This is the heart of DPME's mobile home park. Removing these buildings will take away the operating center of the mobile home park, and greatly affect the established community in the park. Relocating these buildings to another area of the property will require DPME to displace residents. Clearly, this will divide the established mobile home park community and should be analyzed in an EIR. The EIS further concludes that the removal or relocation of three mobile homes and two ancillary structures will cause less than significant impact to population and housing. However, as stated above, these homes and structures are the heart of the mobile home park operation. If they are removed, their functionality will need to be replaced elsewhere in the mobile home park. This may require the displacement of more residents. As a result, the removal or relocation of at least three mobile homes and two structures will result in an environmental impact to the entire mobile home park. This impact should be studied in an EIR. The EIS concludes there are no cumulative impacts. This is untrue. The cumulative impacts of this project, combined with the Dune Palms Bridge Project, must not be overlooked. An EIR should be required to analyze the cumulative impacts of these two projects. The proposed road widening project will have direct and indirect physical changes on the environment. The economic and social impacts upon the residents of DPME, including the potential need for them to move, loss of operating functions of the mobile home park, and reduced safety and quality of life, establish that the physical impacts of the proposed project will be significant. For the foregoing reasons, the proposed Project should not proceed under a Mitigated Negative Declaration, and we ask that the City require preparation of an Environmental Impact Report. Very truly yours; , ,John S. Peterson JSP:swt 221 EXHIBIT A 222 7-09-2016 9:00PM FROM 323 661 3371 P 6 TiatP 'A Q" 79.495 CALLE TAMPICJD -- LA gtANTA, CAUFORNIA 92253 - (619) 777.700o FAX (619) 777-7101 March 24, 1994 Mr. "Geoffrey D- Chin Attorney at Law P.O. Box 29298 Los Angeles, CA 90029 SUBJECT: DUNE:PALMS MOBILE HOME PARK (APN: 649-040-014) Dear:Mr: Chin: In response to. your letter of March 11, 1994, staff has the following information for you coiiceraing the Done Palms Mobile Estates Pack at 46=400 Duna Palms Road. (1) The wasting half-strilet, right-of=way of Dune Palms Road is 44-feet. This width is consistent with the City's Circulation Element of the General Plan. In the future, when the Dune Palma Road is built, the half=street section will be 32-feet of paving with a 12-foot landscaped parkway, , (2) Ali new fencing for the perk.shall meet the priavlaiona of the Municipal Zoning Code. This Property is presently raced. R-T (Mobilehome Subdivisions and Mobiloabomo Parks), The R>T Code states that "masonry walls six feet high shell be erected along all boundary lines, except that along all street boundaries the wall shall be erected five feet from the right-of-way line." A wrought iron fence would not be permttted along Dune Palms Road as you requested in your letter. (3) The De Quints HighSch(Jol is Scheduled to open inSeptember, 1994. Only Freshmen and Sophomores %vili attend the first year the campus is Open'.. ; 1. .. . (4) The reopening of Dune Palate Road at the Whiteweter Wash will occur prior to the La Quinta Iiigh •School opening. (5) Any navy improvomenla.to the site will require a building Permit. if yeu have any questions about permit f4ai. Or plan check costs. Please contact Mr. Mark llareld at 919-777-7012., (6) If the -City deeides ro improve tbo,frontage of the Mobilehome, Pork with new curb and gutter :Improvomente In the next few years, no udditlnnsl right-of-way is requilwd from this site pursuant to our existing General Plan standareis. MAILING Al DRI555 - P.O. BOX 1504 . lA OUINYA, CALIFORNIA 92253 aanvr:aiq . If. you should have any further questions, please call me at 619-777-7087. Very truly yours, JF�iI.><RBRAN N'I AND1?EVELOPMENT DIRECTOR d ROUSDELL Aa late. Planner GT:kaf ac: City Manager Building Official 223 i.1-20 f 78-495 CALLS TAi1P PICO _ LA 16004TA, CALIFOIRWIA 263 (61P ,M. v Mr. Geoffrey D. Chin Attorney at %vt P.0� Box 29296 Los Angeles, CA 90029 SUBJECT'. DUNE PALMS MOBIL-k HOME VAAK (.APN. 649-440':--b14) Dear Mr: C.hIA, In. response to your letter reb of Ma27-,,p1994, staff has the following Information fo-.� you concerning the,Dun+ Palws- Wblie. E6tates Park at. 46-4- -Dune Palm' Road. (A) The ekist.ing half -stet. Hk.ht -ditway of Dune Palms Road :is 44-feet. TM9 .'Width is G=4 tuht v ith the City's Circulation Element of the: General: Plan. in the ' fiiti u a when the Dune Pa.lrns Road is • built, the half -=street aedtion bJe 32-14e t,of paving with a 12-foot'landsea.ped; parlkwai. See tixo •a Gtaclsed `W-`orina.tion. (2) All new f"enoln�r for too ;parks .s�gal Meet: the provisions of the, M.unielpal Zoning Code. "Phis ��"ope�rty is- :presently zoned R-T (iloh elxome Subdivisions and Mobilehome Parks) . - The R-° T Cade stateFothat "�asonr�r Walls i3 six feet high uh�bo erected along all'boundarjr lines, except. that along all street oandar es the wall- 1.shall be enacted five fyeet from the aright -•of -way }ire=.'' ,,-A wrought iro A fence woulA; not be permitted:along Dune Paliii k6ad as you requrys-ted, in your lettez-. If you desire to, pursue your request further;; ;please f'ild.;a variance application. 1'he applica :ori foM; an 'be p bked uy •et Gity.!Hall oj� r.�iled. upon regVest .: ,.acwvever, please kWP in `mind -if yqq fie the request you are re fired to prove that your reeluest merits _4-pprovall due to either a hardship - or tize strict application- of the .Zoning O rdinanee d,eprl.v6s, .your property of privileges enjoyed: by other pr9perties �. the vIin ty. The Planning Coiiimission, in reviewing a variance request, must review nether or- a of s,the grantint,bf the variance would 'bbe a special pir#vi!ege (Governmex!t'Cc4e Section. 65906 ) _ (3) If. ihEi , City decides to improve tl,ip� frontage of the Mvbilehome Park wit4 now c:zrb and -gutter. improvementsin the next.fe,�v.years, no additional, right'of-way is req fired frorr) 't1iF,. site pursuant to spur existing General Plan standards, Sfaaff doe's not e)ppect that the City w11-1 pursue tl�fa type of project' for Ano` hok five --'to. ten.: yoars•., owe'. the City cauncii can direct staff tole k- 6ir a the econokr is implications of thit type of project at any tivi6 during Its disoussion of tie R,IIij-ual buriget. MAIL.INGADDRESS - RO< 861604 - LA:,:'001NTA,'CALtFC?RNIA:; 92253 1< 7 -d l /= L 99 9Z8 Ho�jj Wdso : 6 9 l Dal-L I i Primary Atl4datt, 1MIUr �ot 404-d+i( 9I S$MY GENERAL PLAN. TYVIcAL ROADWAY. I LILCE 499 S�c Hoa-j NdZ 0: E3 9 Oif -:W-i rocs dt AP'' /�. AM S.S A -'S,SNE .Ir A ?,60sE,$ 6 XIy N lei co, ssI14 C»`j . )p, ss A4Y.401/ss_3r ...- .. all GYCM'P A'1/ .. AS$ES$ W$ MAP BX64-9P0,04 RIVERSIDE CO NrY, CA41,c' Re. sro 5 d l LEE 199 USE WO�JA WdSO : 6 9 1 W2 7-L LTRGS . $ 00 L -d l LSE 199 EZE WOd J WdO l' 6 9 10Z2-M—L ATTACHMENT 5 From: Marvin Lindholm To: Nicole Criste Cc: Tim Jonasson; Ed Wimmer; Bill Blondell; Jeff Stoker; Randy Meador; Marvin D. Switzer; Michael G. Farthing; Gary Vincent Subject: Response to Notice of Intent to Adopt a Mitigated Negative Declaration - Environmental Assessment Date: Wednesday, July 13, 2016 4:37:55 PM Dear. Ms. Nicole Criste, We have received and reviewed the Notice of Intent to adopt a Mitigated Negative Declaration for Environmental Assessment 2016-0009 for the Dune Palms widening project and have the following concerns as to potential impact to the Kingdom Halls of Jehovah's witnesses located 46300 Dune Palms Road, La Quinta, CA 92253: 1. The construction of the raised median will completely eliminate both left turns in and out of the above referenced Kingdom Hall Parking Lot. We understand the safety improvements of eliminating left turns out and have no objections. However, the elimination of left turns in and lack of any opportunity for a turn pocket or U-turn for a significant distance south of the property is a significant concern. The campus hosts 5 congregations, and many congregation members attending services at this location travel southbound on Dune Palms and turn left into the project. If left turns are eliminated, the nearest location to make a u-turn is all the way south to Highway 111. Even there U-turns cannot be made at present because of the right turn overlap at the signal which we believe the City Traffic Engineer has set up to address school traffic. There may be a future opportunity for a u-turn once the signal at Corporate Center Drive is completed, but in the interim there would be no way to make a u-turn. While we agree that street widening projects typically improve traffic, because of the lack of u-left turn in access and u-turn opportunities we dispute the findings in the Environmental Assessment Section XVI — Transportation Project and are of the opinion that at least some mitigation is required to address these issues. We did note that the amount of right- of-way proposed to be taken is adequate to allow construction of a 14' wide instead of 10' wide median, which would allow for some overlapped left - turn -in -only median openings to be installed, which would mitigate these 229 concerns. If no reasonable accommodation for median openings for left turns or u-turns can be made, it is our opinion that the road should maintain a striped two -way -left -turn lane, which is also and approved section for Dune Palms road per the City's adopted General Plan. 2. A significant number of elderly and infirm attend services at the campus. Again, the lack of left turn access and u-turn opportunities will affect response times from the Fire Station on Adams, just South of Fred Waring the EMT's usually dispatch from. We are of the opinion this affirms the needs for at least some left turn ingress or better u-turn opportunities. 3. The proposed right-of-way would impact the existing sign for the Kingdom Halls. In fact, the proposed sidewalk conflicts with it as well. We have no objection to the sign being relocated but would expect this to be done at the City's expense and without any necessity to go through a sign approval program. We also would expect the Congregation would have input and final approval of the proposed sign location and orientation. 4. The proposed widening will substantially shorten the driveway throat into the parking lot of the Kingdom Hall. We would expect the City to Pay the full cost of the reconstruction, as well as provide approved variances for the reduced throat depth and not require the elimination of any of the existing parking spaces. We also would expect coordination of the improvements to occur at times that would have the least impact to services. 5. It appears the project will relocation and underground the existing overhead electrical distribution wires fronting the Kingdom Hall. We expect that coordination would occur that any utility interruptions would be scheduled outside of routine religious services at the campus. Services are normally held weekday mornings between 8:30 and 9:30 AM, on weekday evenings between 6:00 PM and 10:00 PM, Saturdays between 8:30 AM and 10:00 AM and Sundays from8:00 AM until 9:00 PM. 6. The installation of the sidewalk along the frontage will be a welcome public improvement. However, because of the increased foot traffic that will result from the foot traffic from the school and mobile home park, we ask the city increase its Graffiti removal efforts on the garden walls surrounding the Kingdom Hall and adjoining properties and for at least a period of time increase law enforcement patrols of the area in effort to prevent graffiti and vandalism. 230 7. The widening and right-of-way take will reduce the setback from the building to right-of-way to 8.5 feet. We ask in advance for an approved variance for this condition that will also apply to any future proposed addition to the westerly building. 8. The widening and right-of-way take will remove landscaping and place the sidewalk very close to the building. The loss of landscape barrier and increase in traffic will likely increase noise projected onto the west wall of the west building. Further, at such a short distance from the sidewalk, there is concern the west stucco wall of the building will become a graffiti and vandalism target. We request that landscape plantings be placed along the frontage behind the right-of-way to mitigate the impacts and to compensate for the existing trees and landscaping that will be removed by the widening. 9. The congregation would desire fair compensation for the Right-of-way taken and any other adverse impacts from the project. In closing, we wish to thank you and the City Council and City Staff for considering our concerns, and we also are eager to the project move forward to construction, and we are of the opinion most of the concerns we have raised can be addressed through some form of mitigation. However, we are of the opinion that the Mitigated Negative Declaration should not be adopted by the Agency until these mitigation measures have been discussed and are better defined in the Environmental Document. Lastly, please reply to confirm receipt of this e-mail. Respectfully, Marvin Lindholm President, Title Holding Congregation La Quinta Congregation of Jehovah's Witnesses 231 232 ATTACHMENT 6 CITY OF LA QUINTA ENVIRONMENTAL ASSESSMENT 2016-0009 DUNE PALMS ROAD WIDENING PROJECT RESPONSE TO COMMENTS The following response to comments has been prepared following circulation of the Initial Study prepared for Environmental Assessment 2016-0009. One comment letter was received from John S. Peterson of the Peterson Law Group, on behalf of the owners of the Dune Palms Mobile Estates; and one email was received from Mr. Marvin Lindholm, President of the La Quinta Congregation of Jehovah's Witnesses. The response to comments first provides the commenter's verbatim statement, followed by the City's response. John S. Peterson Letter, dated July 13, 2016 Comment 1: The Dune Palms Road Widening Environmental Initial Study ("EIS") contains a discrepancy with respect to the width of the City's right of way. The EIS states that "Dune Palms [Road] is currently constructed within an 88 foot wide right of way." EIS, pg. 1. The EIS then states "Dune Palms Road is designated a Secondary Arterial... within a 102 foot right of way." EIS, pg. 2. It is DPME's understanding that the right of way is 88 feet only. This is clearly stated in the City's letters to DPME dated March 24, 1994 and April 14, 1994, attached hereto as Exhibit A. The EIS appears to be operating under the assumption that the right of way is in fact 102 feet; this assumption erroneously converts 7 feet of DPME's property into the City's right of way. DPME is entitled to compensation for the City's taking of 7 feet of its property. Response 1: The first reference to the width of the roadway clearly states that it "is currently constructed" (emphasis added) to a width of 88 feet. The second reference states that the roadway "is designated a Secondary Arterial..." with a right of way of 102 feet. This reference cites the roadway's current General Plan roadway classification. The subject of the Initial Study, and the analysis conducted in it, is the widening of the roadway to 102 feet. The letters referenced in the commenter's Exhibit A both date from 1994. Since that time, the City has twice updated its General Plan. The currently approved General Plan designates Dune Palms a Secondary arterial, as correctly stated in the Initial Study. The roadway classifications in the City have changed over time, based 233 EA 2016-0009 Response to Comments Page 2 of 10 on changes in growth patterns and anticipated traffic demands. The designation of Dune Palms Road as a Secondary Arterial was fully described in the General Plan adopted by the City in 2013, and fully analyzed in the General Plan Environmental Impact Report (EIR) certified by the City in conjunction with the General Plan. As regards the commenter's assertion that his client is entitled to compensation, the comment is noted. The City will proceed under all requirements of California law related to the acquisition of right of way for public streets. Furthermore, California law establishes that there are no prescriptive rights against public entities, including the City. To be entitled to compensation, the property owner must first establish a property right on which to base a claim, and the 1994 letters do not establish such a claim. Comment 2: The EIS concludes that "engineering for the project will include verification of the right -of way and the determination of which mobile homes are encroaching and will need to be removed or relocated prior to initiation of the proposed project." EIS, pg. 2. This is not an issue that can be properly mitigated if the environmental assessment issued by the City is based on incorrect assumptions. As explained below, there are environmental impacts that are triggered by the City's road widening. The City must verify the right of way prior to completing its environmental assessment of the Project. Response 2: The City has identified the location of all proposed work in the Initia Study, as described in the project description, and depicted graphically in Exhibit 2. The location of the existing structures, and their encroachment into future right of way is correctly depicted and fully disclosed. The statement in the Initial Study simply states that as construction plans for the widening project are further detailed, the exact location of improvements may vary slightly, and will be verified in the field. Comment 3: A MND is not appropriate because there is at least a "fair argument" that the proposed project will have a significant impact on the environment. The proposed road widening project will have a significant environmental impact. An Environmental Impact Report ("EIR") should be required instead of a MND. Within the area where Dune Palms Road is proposed to be widened are Kingdom Hall of Jehovah's Witnesses' church, and our client the DPME mobile home park. 234 EA 2016-0009 Response to Comments Page 3 of 10 The proposed road widening and increased traffic capacity will have a significant effect on the environment. It will negatively impact on the ease and safety of ingress and egress from DPME, and will cause danger to children and other residents of DPME, as well as churchgoers. "[I]f a lead agency is presented with a fair argument that a project may have a significant effect on the environment, the lead agency shall prepare an EIR even though it may also be presented with other substantial evidence that the project will not have a significant effect. CEQA Guidelines Section 15064 (14 Cal. Code Regs. 15064); and see Pocket Protectors v. City of Sacramento (2004) 124 Cal. App. 4th 903. The fair argument standard is a "low threshold" test for requiring the preparation of an EIR. [citations] (sic) It is a question of law, not fact, whether a fair argument exists, and the courts owe no deference to the lead agency's determination. Review is de novo, with a preference for resolving doubts in Javor (sic) of environmental review. Pocket Protectors v. City of Sacramento (2004) 124 Cal. App. 4th 903, 928. "'Environment' means the physical conditions which exist within the area which will be affected by a proposed project, including land, air, water, minerals, flora, fauna, noise, objects of historic or aesthetic significance." Cal. Pub. Resources Code §21060.5. A project may have a "significant effect on the environment" if it has the potential to degrade the quality of the environment or the environmental effects of a project will cause substantial adverse effects on human beings, either directly or indirectly. Cal. Pub. Resources Code §21083(b)(3). Response 3: The commenter asserts that the "fair argument" test applies to determinations of whether the Project may result in potentially significant environmental impacts. Specifically, the commenter implies that that where substantial evidence supports a fair argument of significant environmental impacts, that an EIR must be prepared. However, this comment misstates the appropriate standard of review. The Initial Study is not a stand-alone CEQA document. Instead, it has been prepared to analyze the implementation of a requirement of the General Plan, for which a comprehensive EIR was prepared. As a result, the substantial evidence test, not the fair argument test governs the level of CEQA review. Case law includes Long Beach Savings & Loan Association v. Long Beach Redevelopment Agency 235 EA 2016-0009 Response to Comments Page 4 of 10 (1986) 188 Cal.App.3d 249, 266; Citizens for a Sustainable Treasure Island v. City & County of San Francisco (2014) 227 Cal.App.4th 1036, 1049; and Citizens for Responsible Equitable Environmental Development v. City of San Diego Redevelopment Agency (2005) 134 Cal.App.4th 598, 610. Furthermore, the commenter fails to provide any substantial evidence of site -specific significant impacts that may result from the Project. Substantial evidence "includes facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts." (State CEQA Guidelines, § 15384(b)) It does not include ["[a]rgument, speculation, unsubstantiated opinion, or narrative, evidence which is clearly erroneous, or inaccurate." Finally, State CEQA Guidelines, § 15384(a)) CEQA Guidelines § 15204(c) states that commenters "should explain the basis for their comments, and should submit data or references offering facts, reasonable assumptions based on facts, or expert opinion supported by facts in support of the comments." The commenter's letter does not contain any facts regarding the Project or its potential impacts, nor does the commenter provide expert analysis demonstrating that a potentially significant impact may result. Therefore, even under the "fair argument" test, the commenter is still incorrect that an EIR is required. Comment 4: Specific impacts upon Dune Palms and its residents include: (i) removal of the shoulder to the present one -lane road, which currently allows cars to slow outside out of the travelled lane, will make it dangerous to turn into Dune Palms; (ii) the proposed lane addition will move high- speed traffic up to twelve feet closer to the Dune Palms' residences, significantly increasing noise and air pollution impacts on residents; (iii) reasonably foreseeable increases in both traffic volume and speeds will significantly increase noise and air pollution impacts on the residents; and (iv) the removal or relocation of at least three (3) mobile homes and two (2) ancillary structures, including the swimming pool, will divide the mobile home community. Response 4: The proposed widening will result in three travel lanes and an 8 foot bike lane. The bike lane will allow automobiles to slow and turn into the mobilehome park in a safer condition than currently is available with an unmarked shoulder. The Initial Study correctly analyzed the potential air quality impacts associated with the project. The Initial Study included localized significance thresholds, as required by SCAQMD. The analysis 236 EA 2016-0009 Response to Comments Page 5 of 10 found that the construction of the proposed project would result in PM10 and PM2.5 impacts above threshold levels, and provided mitigation measures to reduce those levels (IS p. 10-12). The Initial Study fully analyzed the air quality impacts, and correctly reduced those impacts to less than significant levels. The Initial Study also considered noise levels on the project site, and found that the proposed fencing replacement will result in noise levels of 59.5 dBA, well below the City's standard of 65 dBA (IS p. 26-27). The Initial Study also considered construction noise, and provided mitigation measures to reduce this temporary impact. The Initial Study fully analyzed noise impacts, and correctly found that these impacts could be reduced to less than significant levels. The Initial Study correctly described that traffic on this segment of Dune Palms Road will operate at Level of Service (LOS) A at General Plan buildout (2035). The City's acceptable threshold for LOS is LOS D. Traffic on Dune Palms will therefore not significantly increase. Finally, as described in the Initial Study, the proposed project will result in the removal of 5 structures. The City is required by law to relocate residents. The City will look to relocate these residents either in the affected park, where empty spaces are available, or elsewhere. The removal and relocation of these residents will not result in a division of the community, since the proposed project occurs on the western boundary of the mobilehome park, and the displaced residents will have the opportunity to relocate within it. Comment 5: The EIS concludes that there is no land use and planning impact as a result of the Project. The EIS concludes that the Project will not physically divide an established community. This is not true. The operational infrastructure of the DPME mobile home park, including the pool, park office, master utility meters, and laundry room, are located on the first 100 feet of the western border of the property, facing Dune Palms Road. The proposed mobile homes and ancillary structures to be removed or relocated include the caretaker's home, the laundry facility, the office, and the swimming pool. This is the heart of DPME's mobile home park. Removing these buildings will take away the operating center of the mobile home park, and greatly affect the established community in the park. Relocating these buildings to another area of the property will require DPME to displace residents. Clearly, this will divide the established mobile home park community and should be analyzed in an EIR. 237 EA 2016-0009 Response to Comments Page 6 of 10 Response 5: Please see Response 4. The proposed roadway widening will impact individual mobilehomes, which can be relocated elsewhere in the park. The project will not divide the mobilehome park. Comment 6: The EIS further concludes that the removal or relocation of three mobile homes and two ancillary structures will cause less than significant impact to population and housing. However, as stated above, these homes and structures are the heart of the mobile home park operation. If they are removed, their functionality will need to be replaced elsewhere in the mobile home park. This may require the displacement of more residents. As a result, the removal or relocation of at least three mobile homes and two structures will result in an environmental impact to the entire mobile home park. This impact should be studied in an EIR. Response 6: Please see Response 4. Comment 7: The EIS concludes there are no cumulative impacts. This is untrue. The cumulative impacts of this project, combined with the Dune Palms Bridge Project, must not be overlooked. An EIR should be required to analyze the cumulative impacts of these two projects. Response 7: The Initial Study correctly identifies that the proposed project, even when considered with other projects, will not have a significant impact on the environment. The impacts to encroaching structures within the mobilehome park have been analyzed, and will be mitigated to less than significant levels. Also please see Response 3. Comment 8: The proposed road widening project will have direct and indirect physical changes on the environment. The economic and social impacts upon the residents of DPME, including the potential need for them to move, loss of operating functions of the mobile home park, and reduced safety and quality of life, establish that the physical impacts of the proposed project will be significant. Response 8: The commenter provides no facts or evidence to support his opinion. The proposed project will include the replacement of the perimeter fence at the mobilehome park along Dune Palms Road. That fence is currently dilapidated and its replacement will improve the physical environment for residents. There is no evidence that the relocation of the residents of the three mobilehomes that will be relocated will have any impact on the operating functions of the park. These residents can be relocated within the park, or elsewhere. Since it is expected that the mobilehomes are of such 238 EA 2016-0009 Response to Comments Page 7 of 10 age and condition that their relocation will not be possible, the residents will be relocated into homes of better construction, thereby improving their living conditions. Relocation requirements of State law include covering the costs of the move in addition to the cost of the home, and the City will abide by all State law in relocating residents. Comment 9: For the foregoing reasons, the proposed Project should not proceed under a Mitigated Negative Declaration, and we ask that the City require preparation of an Environmental Impact Report. Response 9: Please see Response 3. The City has fully analyzed the impacts of the Dune Palms Widening Project, and has correctly found that the impacts of the project can be mitigated to a less than significant levels. The commenter does not provide new facts or evidence that would change that determination. The Mitigated Negative Declaration is the correct documentation for the proposed project under CEQA. Marvin Lindholm, email dated July 13, 2016 Comment 1: The construction of the raised median will completely eliminate both left turns in and out of the above referenced Kingdom Hall Parking Lot. We understand the safety improvements of eliminating left turns out and have no objections. However, the elimination of left turns in and lack of any opportunity for a turn pocket or U-turn for a significant distance south of the property is a significant concern. The campus hosts 5 congregations, and many congregation members attending services at this location travel southbound on Dune Palms and turn left into the project. If left turns are eliminated, the nearest location to make a u-turn is all the way south to Highway 111. Even there U-turns cannot be made at present because of the right turn overlap at the signal which we believe the City Traffic Engineer has set up to address school traffic. There may be a future opportunity for a u-turn once the signal at Corporate Center Drive is completed, but in the interim there would be no way to make a u-turn. While we agree that street widening projects typically improve traffic, because of the lack of u-left turn in access and u-turn opportunities we dispute the findings in the Environmental Assessment Section XVI — Transportation Project and are of the opinion that at least some mitigation is required to address these issues. We did note that the amount of right-of-way proposed to be taken is adequate to allow construction of a 14' wide instead of 10' wide median, which would allow for some overlapped left -turn -in -only median openings to be installed, which would mitigate these concerns. If no reasonable 239 EA 2016-0009 Response to Comments Page 8 of 10 accommodation for median openings for left turns or u-turns can be made, it is our opinion that the road should maintain a striped two- way -left -turn lane, which is also and approved section for Dune Palms road per the City's adopted General Plan. Response 1: Comment noted. The design of the roadway is consistent with the General Plan roadway classification for Dune Palms Road. The Kingdom Hall received approval for a Site Development Permit prior to its construction. That approval did not include a median break in Dune Palms Road. Medians are used to protect traffic and limit traffic conflicts. The City will work with the Kingdom Hall to find solutions, if possible. Comment 2: A significant number of elderly and infirm attend services at the campus. Again, the lack of left turn access and u-turn opportunities will affect response times from the Fire Station on Adams, just South of Fred Waring the EMT's usually dispatch from. We are of the opinion this affirms the needs for at least some left turn ingress or better u-turn opportunities. Response 2: Please see Response 1. The City is not aware of any significant number of calls for emergency services at the Kingdom Hall, but will work with the congregation to identify solutions, if possible. Comment 3: The proposed right-of-way would impact the existing sign for the Kingdom Halls. In fact, the proposed sidewalk conflicts with it as well. We have no objection to the sign being relocated but would expect this to be done at the City's expense and without any necessity to go through a sign approval program. We also would expect the Congregation would have input and final approval of the proposed sign location and orientation. Response 3: The City will be responsible for costs associated with relocation of the Kingdom Hall sign. The relocation will not require additional sign approvals. Comment 4: The proposed widening will substantially shorten the driveway throat into the parking lot of the Kingdom Hall. We would expect the City to Pay the full cost of the reconstruction, as well as provide approved variances for the reduced throat depth and not require the elimination of any of the existing parking spaces. We also would expect coordination of the improvements to occur at times that would have the least impact to services. 240 EA 2016-0009 Response to Comments Page 9 of 10 Response 4: Comment noted. The City will reconstruct the driveway throat as part of the proposed project. Construction of the roadway will occur during normal working hours. Comment 5: It appears the project will relocation and underground the existing overhead electrical distribution wires fronting the Kingdom Hall. We expect that coordination would occur that any utility interruptions would be scheduled outside of routine religious services at the campus. Services are normally held weekday mornings between 8:30 and 9:30 AM, on weekday evenings between 6:00 PM and 10:00 PM, Saturdays between 8:30 AM and 10:00 AM and Sundays from8:00 AM until 9:00 PM. Response 5: Comment noted. Please see response 4. Comment 6: The installation of the sidewalk along the frontage will be a welcome public improvement. However, because of the increased foot traffic that will result from the foot traffic from the school and mobile home park, we ask the city increase its Graffiti removal efforts on the garden walls surrounding the Kingdom Hall and adjoining properties and for at least a period of time increase law enforcement patrols of the area in effort to prevent graffiti and vandalism. Response 6: Comment noted. The City will continue its graffiti removal program, including graffiti occurring at the Kingdom Hall, and will continue to patrol the area consistent with its contract with the Sherriff's Department. Comment 7: The widening and right-of-way take will reduce the setback from the building to right-of-way to 8.5 feet. We ask in advance for an approved variance for this condition that will also apply to any future proposed addition to the westerly building. Response 7: Comment noted. No variance will be necessary for the existing building. Should the Kingdom Hall submit plans for additional space, these plans will be reviewed for consistency with the standards in place at the time the application is made. Comment 8: The widening and right-of-way take will remove landscaping and place the sidewalk very close to the building. The loss of landscape barrier and increase in traffic will likely increase noise projected onto the west wall of the west building. Further, at such a short distance from the sidewalk, there is concern the west stucco wall of the building will become a graffiti and vandalism target. We request that landscape plantings be placed along the frontage 241 EA 2016-0009 Response to Comments Page 10 of 10 behind the right-of-way to mitigate the impacts and to compensate for the existing trees and landscaping that will be removed by the widening. Response 8: The City will be responsible for landscaping the parkway in front of the Kingdom Hall. There are no operable windows on the west side of the building, and noise impacts will be not occur inside the Hall, since noise levels on Dune Palms are not elevated, and are not anticipated to be elevated in the future. Comment 9: The congregation would desire fair compensation for the Right-of- way taken and any other adverse impacts from the project. Response 9: Comment noted. The City will abide by all requirements of law in the acquisition of right of way for the proposed widening project. Comment 10: In closing, we wish to thank you and the City Council and City Staff for considering our concerns, and we also are eager to the project move forward to construction, and we are of the opinion most of the concerns we have raised can be addressed through some form of mitigation. However, we are of the opinion that the Mitigated Negative Declaration should not be adopted by the Agency until these mitigation measures have been discussed and are better defined in the Environmental Document. Lastly, please reply to confirm receipt of this e-mail. Response 10: Comment noted. The issues raised by the commenter are project design issues, and have been addressed above. The City will continue to work with the Kingdom Hall as the project proceeds to construction, and will abide by all applicable laws and regulations. The receipt of the email was immediately confirmed. 242 City of La Quinta CITY COUNCIL MEETING: July 19, 2016 STAFF REPORT AGENDA TITLE- APPROVE VOLUNTARY COLLECTION AGREEMENT WITH AIRBNB, INC. TO COLLECT AND REMIT TRANSIENT OCCUPANCY TAX RECOMMENDATION Approve a Voluntary Collection Agreement with Airbnb, Inc. to collect and remit transient occupancy tax, and authorize the City Manager to execute. EXECUTIVE SUMMARY • There have been concerns among cities that short-term rental properties using internet-based booking platforms are not remitting transient occupancy taxes (TOT). • A group of Coachella Valley cities, including La Quinta, Palm Springs, Palm Desert, and Indio, have as a group, negotiated an agreement with Airbnb. • Airbnb has agreed to collect and remit TOT owed by its users who stay in La Quinta. • If the City believes TOT remittances from Airbnb users are not effective under the agreement, the City may terminate the agreement for any reason with 30 days' notice. FISCAL IMPACT There is a potential increase in TOT remittances from Airbnb users. The agreement requires no City expenditures for TOT collection, but there may be nominal costs associated with staffs review of the agreement's effectiveness. BACKGROUND/ANALYSIS Recently, several cities have seen an increase in the number of properties used as short- term vacation rentals. In La Quinta, short-term rentals must remit TOT to the City. While the City employs a consultant to monitor whether short-term rentals are paying TOT, there is a possibility that owners/operators of short-term rentals using internet-based booking platforms do not pay TOT. One of the most prominent internet-based platforms is Airbnb. Founded in 2008, Airbnb is a marketplace for people to list, find, and book vacation properties in more than 34,000 cities and 191 countries. Airbnb has agreed, after negotiating with the group of Coachella 243 Valley cities, to collect and remit TOT owed by its users under the City's TOT ordinance (Chapter 3.24 of the La Quinta Municipal Code). The agreement is titled "voluntary" because Airbnb does not concede it is an "operator" of a "hotel" under the City's TOT ordinance, but it is willing to facilitate TOT collections and remittances from its users. Under the agreement, both the City and Airbnb retain all legal rights to later contest whether the City's TOT ordinance applies to Airbnb, and either party may terminate the agreement with 30 days' written notice. Therefore, if a change in state law occurs concerning TOT payment obligations of internet-based platforms, the City may terminate the agreement upon 30 days' notice. The substance and form of the agreement is identical for the group of Coachella Valley cities, except for party names, code citations, and other "city -specific" clauses in the agreement. The City retains rights to pursue code enforcement violations and to audit Airbnb to determine the extent of the collections and remittances. However, audits would take place on an anonymous basis because, according to Airbnb, it wants to protect the privacy of its users. If the agreement is approved, the effective date will be September 1, 2016, and Airbnb would then commence the collection and remittance of TOT on behalf of the City thereafter. The agreement is not subject to environmental review under the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (activities will not result in a direct or reasonably foreseeable indirect physical change in the environment), 15060(c)(3) (activities are not "projects" under CEQA), and 15061(b)(3) (there is certainty that no significant effect on the environment will result from the agreement) of the CEQA Guidelines (Cal. Code of Regs., Title 14, Chapter 3). ALTERNATIVE. The Council may choose not to approve the agreement. Prepared by: William H. Ihrke, City Attorney Approved by: Frank J. Spevacek, City Manager Attachment: 1. Voluntary Collection Agreement 244 ATTACHMENT 1 VOLUNTARY COLLECTION AGREEMENT FOR LA QUINTA TRANSIENT OCCUPANCY TAX THIS VOLUNTARY COLLECTION AGREEMENT (the "Agreement") is dated , 2016 and is between AIRBNB, INC., a Delaware corporation ("Airbnb") and the CITY OF LA QUINTA, through its DESIGN AND DEVELOPMENT DEPARTMENT (the "Design and Development Department"). Each party may be referred to individually as a "Party" and collectively as the "Parties." RECITALS: WHEREAS, Airbnb represents that it provides an Internet -based platform through which a third party desiring to offer an accommodation (a "Host") and a third party desiring to book an accommodation (a "Guest") have the opportunity to communicate, negotiate and consummate a booking transaction for accommodations ("Booking Transaction") pursuant to a direct agreement between Host and Guest to which Airbnb is not a parry (the "Platform"); WHEREAS, Airbnb represents that any agreement regarding a Booking Transaction through use of the Platform is between the Host and Guest only, that Airbnb is not a party to such agreements, that a Host exclusively determines the price to be charged, the dates to book such accommodations, the parties with whom to transact and all other material terms of such agreements, that only the Host and not Airbnb has the right and ability to accept and book an accommodation, and that Airbnb does not own any property and does not have any possessory interest in any real property or accommodations offered by Hosts (including, but not limited to, as an owner, lessee, sublessee, mortgagee in possession, licensee, agent or in any other capacity), and therefore cannot and does not transfer any possessory interest in any property or accommodations to any person; WHEREAS, Airbnb represents that it provides, through third -party payment processors, a secure payment processing service to permit Hosts to receive payments electronically. When the Host accepts and confirms a Guest's reservation request, Airbnb, acting through third -party payment processors, electronically processes the Guest's payment, which is typically held and released approximately 24 hours after the Guest checks into the Host's property. Airbnb represents that Guests booking accommodations through the Platform pay the Host for such accommodations electronically using the Platform, and such payments are briefly held by Airbnb 1 245 typically until twenty-four hours after check -in and then released directly to Hosts (less the applicable service fee); WHEREAS, Airbnb represents that it is not an owner, proprietor or otherwise "operator" of any "hotel", "group meeting hotel" or accommodation of any kind, under applicable City of La Quinta (the "City") laws, and the Design and Development Department and Airbnb are entering into this Agreement voluntarily. Airbnb represents it does not collect or charge "rent" within the meaning of applicable City laws. Airbnb represents that it does not rent or have the right to rent rooms, does not book accommodations, does not mark up the prices for accommodations set by Hosts, does not sell or resell accommodations, does not reserve, arrange for, convey or furnish or transfer occupancy of accommodations, does not operate any accommodations, and has not, pursuant to any assignment, contract, agency or otherwise been assigned in whole or part the right to exercise, or exercised any right pursuant to any assignment, contract, agency or otherwise, to operate accommodations, and only provides communications, payment processing and other services through the Platform, receiving only fixed service fees which are a percentage of the price set by Hosts, such service fees collected from the Guest and from the Host, respectively; WHEREAS, the legal rights, remedies and obligations of Airbnb, Hosts and Guests using the Platform are specified in a document titled "Terms of Service" (the "TOS") and other policies and procedures available at www.airbnb.com, including, but not limited to, certain TOS provisions to which Hosts and Guests have agreed that when or if Airbnb determines to assist with collection and remittance of occupancy taxes in a given jurisdiction, users grant Airbnb authority to register, report, collect and remit the applicable occupancy taxes pursuant to this Agreement and the TOS; WHEREAS, the Design and Development Department and Airbnb have determined to enter into this Agreement in order to facilitate the reporting, collection and remittance of applicable occupancy taxes from Hosts and Guests, resulting from Booking Transactions completed by Hosts and Guests on the Platform for occupancy of accommodations located in the City, in accordance with this Agreement. 2 246 NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS, PROMISES AND AGREEMENTS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: (A) With respect to Booking Transactions between Hosts and Guests completed on the Platform for accommodations for which La Quinta Transient Occupancy Tax ("TOT"), imposed by Chapter 3.24 of Title 3 ("Chapter 3.24") of the City of La Quinta Municipal Code (the "Code"), is applicable, and during the period in which this Agreement is effective (as defined below), and solely pursuant to the terms and conditions of this Agreement, Airbnb agrees to assume the duties of a TOT "operator" as described in Chapter 3.24. (B) Airbnb neither agrees to undertake, nor undertakes any obligation to assume the duties of an operator and does not agree to undertake any obligation contractually or otherwise to collect or remit TOT relating to any user's transaction completed, made or facilitated through any means, or method or other platform, other than the Host or Guest's use of the Platform. Any obligation assumed by Airbnb pursuant to this Agreement (during any period in which it is effective) shall be limited to users completing Booking Transactions directly between them through their use of the Platform. PROSPECTIVE COLLECTION OF TOT (C) Starting on September 1, 2016 (the "Effective Date"), Airbnb agrees to commence collecting and remitting TOT, pursuant to the terms of this Agreement, at the applicable rate, on completed Booking Transactions for occupancy of accommodations located in the City between a Guest and Host who use the Platform. For the avoidance of doubt, Airbnb's agreement herein to collect and remit TOT shall not extend to any period or transaction prior to the Effective Date or after the termination of this Agreement or to any user's transaction completed, through any means, method or platform, other than the Platform, except, the Parties agree that any termination of this Agreement pursuant to its terms shall not affect the duty of Airbnb to remit to the City any TOT collected from Guests up through and including the effective date of termination of this Agreement, even if not remitted by Airbnb to the Design and Development Department as of the date of termination. REMITTANCE OF TOT (D) Airbnb shall report information on the tax return form prescribed by the Design and Development Department, including all TOT that is subject to the provisions of this Agreement, and it shall remit all TOT collected from Guests in accordance with any applicable law and/or 3 247 this Agreement and the TOS and evidenced on such returns in the time and manner described in the Code or as agreed between the Parties in writing. Airbnb agrees reasonably to attempt to provide written notice to the City when the TOS is amended, however, the failure to provide such notice shall not be a breach of this Agreement. The Parties agree that the City may create an account on the platform for the sole purpose of receiving the same notice(s) regarding amendment of TOS provisions as other users of the platform, and that Airbnb agrees not to terminate such account, provided that the City is not otherwise in breach of the terms and conditions of the TOS. AIRBNB LIABILITY (E) On a prospective basis upon the Effective Date of this Agreement, and during any period in which this Agreement is in effect, in accordance with the terms of this Agreement, Airbnb agrees contractually to assume liability for any failure to report, collect and/or remit the correct amount of TOT, including, but not limited to, penalties and interest, lawfully and properly imposed in compliance with law. Nothing contained herein nor any action taken pursuant to this Agreement, including but not limited to the collection or remittance of TOT, shall impair, restrict or prevent Airbnb from asserting that any TOT and/or penalties, interest, fines or other amounts assessed against it were not due, are the subject of a claim for refund under applicable law or enforcing any and all rights accorded to it pursuant to law. (F) During any period in which this Agreement is in effect, and Airbnb is not in breach of its obligations under this Agreement, then with respect to Booking Transactions covered by this Agreement, the Design and Development Department shall audit Airbnb on the basis of TOT returns and supporting documentation filed by Airbnb with the Design and Development Department and shall not directly or indirectly audit any individual Guest or Host relating to such Booking Transactions unless and until an audit of Airbnb by the Design and Development Department has been exhausted with the matter unresolved. (G) With respect to any audit of completed Booking Transactions that are subject to this Agreement during any period in which it is effective, the Design and Development Department shall audit Airbnb on an anonymous numbered account basis. The City reserves the right to audit any individual Airbnb Hosts for activity that has been brought to the attention of the City in the form of a complaint or other means independent of this Agreement or independent of data or information provided pursuant to this Agreement. The Parties agree that Airbnb shall not be 2 248 required to produce any personally identifiable information relating to any Host or Guest and/or relating to any Booking Transaction in connection with an audit or otherwise without binding legal process served only after completion of such audit by the Design and Development Department of Airbnb with respect to such Host or Guest. (H) The Design and Development Department agrees that pursuant to this Agreement and during the period in which it is effective, Airbnb will register as an "operator" for the reporting, collection and remittance of TOT, in connection with its obligations assumed under Chapter 3.24 of the Code as set forth in this Agreement. Registration with the Design and Development Department and the issuance of any certificate of authority will be in the name of Airbnb, Inc. at 888 Brannan Street, 4th Floor, San Francisco, CA 94103. Airbnb, Inc. will be the registered taxpayer on behalf of any subsidiary or affiliate of Airbnb, Inc. collecting TOT from Guests. GUEST AND HOST LIABILITY (I) During any period in which this Agreement is effective, and solely with respect to a Host's activity on the Platform, said Host may but shall not be required to individually register with the Design and Development Department to collect, remit and report TOT, under the Code, on the condition that Airbnb is in compliance with its obligations under this Agreement and the Code. Nothing in this Agreement shall relieve Guests or Hosts from any responsibilities with respect to TOT, including any obligation to register with the Design and Development Department to collect, remit and report TOT for a user's transactions completed through any means, method, device or platform other than the Platform, or restrict the Design and Development Department from investigating or enforcing any provision of applicable law against such users for any occupancy arranged directly or through a means other than the Platform. Nothing in this Agreement shall relieve any Host from any other obligation or requirements under applicable law, including, without limitation, City's zoning regulations and Chapter 3.25 of the La Quinta Municipal Code. Provided that Airbnb is, with respect to a Host and/or Guest that exclusively uses the Platform, in compliance with Airbnb's obligations under this Agreement and the Code, then that Host and/or Guest shall be deemed to be in compliance with responsibilities with respect to TOT, including the obligation to register with the City to collect, remit, and report TOT for a user's transactions completed through the Platform. If Airbnb is not in compliance with this Agreement, then with respect to a Host and/or Guest that 5 249 uses the Platform, then nothing in this Agreement does or shall be construed to restrict the City from investigating or enforcing any provision of applicable law against such Hosts and/or Guests for any occupancy arranged through the Platform. (J) Nothing herein shall relieve any Guest or Host of liability for TOT imposed by the Code, except as noted in paragraphs (E) (F), (G) and (H) above, nor limit the Design and Development Department's authority to hold such Guest or Host responsible for any applicable TOT, penalties and interest for which they may be liable, including, but not limited to, civil and criminal penalties arising from inaccurate, false or misleading representations made to Airbnb or the Design and Development Department by such Guest or Host, whether or not such representations were, in fact, relied upon by Airbnb or the Design and Development Department in complying with its responsibilities under this Agreement. NOTIFICATION TO GUESTS AND HOSTS (K) Airbnb agrees, for the purposes of facilitating this Agreement, and as required by any applicable law and its TOS, that it will notify (i) Hosts that TOT will be collected and remitted to the Design and Development Department as of the Effective Date pursuant to the terms of this Agreement; and (ii) Guests and Hosts of the amount of TOT collected and remitted on each Booking Transaction. Additionally, the Parties agree that Airbnb may, at its discretion, notify Hosts of the specific provisions of paragraphs (I) and (J) of this Agreement. PROSPECTIVE TAX TREATMENT (L) Collection, reporting and remittance of TOT by Airbnb to the Design and Development Department under this Agreement shall begin on the Effective Date and shall continue until termination of this Agreement as provided herein. LIMITATION OF APPLICATION (M) This Agreement is solely for the purpose of facilitating the administration and collection of the TOT with respect to Booking Transactions and, except with respect to the rights and liabilities set forth herein, the execution and implementation of this Agreement by the Parties, including but not limited to, the collection and/or remittance of TOT, shall not be considered an admission or evidence of any issue of law or fact arising under the Code or any other provisions of the laws of the United States of America, State of California, or the City of La Quinta. By entering into or acting pursuant to the terms of this Agreement, including but not limited to collecting and/or remitting TOT, neither the Design and Development Department nor 0 250 Airbnb waives, and each Party expressly preserves, any and all arguments, contentions, claims, causes of action, defenses or assertions to, without limitation, (i) the validity of any construction of the Code; (ii) whether Airbnb is an "operator" as defined in Chapter 3.24 the Code; (iii) whether Airbnb is an operator or vendor for any other purpose under any other provision of state, local and/or federal law; (iv) whether Airbnb "charges" or "collects" "rent" or receives or otherwise comes into possession of taxable "rent" as those terms are used in Chapter 3.24 of the Code; or (v) whether any third parry occupies a taxable "hotel" or "time-share occupancy" as used in Chapter 3.24 of the Code. The Parties to this Agreement represent, warrant and agree that by entering into and acting pursuant to this Agreement, neither Party waives, and each Party expressly preserves, any and all factual, legal or equitable arguments, contentions, claims, causes of action, defenses or assertions to, without limitation, construction or interpretation of the La Quinta Municipal Code or any municipal, state or federal law or interpretation thereof as it relates to the responsibility or liability for collection and remittance of Transient Occupancy Taxes. Characterization, agreements, covenants and understandings set forth in this Agreement or in the Parties' actions pursuant to this Agreement exist only for purposes of this Agreement and only for the duration of this Agreement. MODIFICATIONS (N) No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted. DURATION/TERMINATION (0) This Agreement shall apply to Booking Transactions made on or after the Effective Date and shall remain in effect unless terminated in accordance with paragraph (P) below. (P) This Agreement may be terminated by Airbnb or the Design and Development Department for convenience, provided that proper notice is given. Proper notice for the purposes of this paragraph means at least 30 days' written notification to the other party by certified or registered mail and, where either party seeks to terminate this Agreement, Airbnb shall use commercially reasonable efforts to, at least 30 days prior to the anticipated termination date, deliver e-mail notification to each Host then offering accommodations in the City through Airbnb's Platform that Airbnb will no longer be collecting and remitting TOT for Booking Transactions subject to this Agreement. Any termination under this paragraph shall not affect the 7 251 duty of Airbnb to remit to the Design and Development Department any TOT collected from Guests up through and including the effective date of termination of this Agreement, even if not remitted by Airbnb to the Design and Development Department as of the date of termination. MISCELLANEOUS (Q) CHOICE OF LAW; VENUE; ATTORNEY' S FEES. This Agreement, its construction and any and all disputes arising out of or relating to it, shall be interpreted in accordance with the substantive laws of the State of California without regard to its conflict of law principles. Such legal actions shall be instituted in the Superior Court of the County of Riverside, or in the U.S. District Court for the Central District of California. (R) MERGER AND INTEGRATION. This Agreement contains the entire agreement of the Parties with respect to the subject matter of this Agreement, and supersedes all prior negotiations, agreements and understandings with respect thereto. (S) COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which, when taken together, shall constitute one and the same instrument. The Agreement shall become effective when a counterpart has been signed by each Party and delivered to the other Party, in its original form or by electronic mail, facsimile or other electronic means. The Parties hereby consent to the use of electronic signatures in connection with the execution of this agreement, and further agree that electronic signatures to this agreement shall be legally binding with the same force and effect as manually executed signatures. (T) CONFIDENTIALITY. Proprietary information will be kept confidential to the maximum extent allowed by law, except as otherwise required by law or pursuant to a valid judicial or administrative order. Nothing in this provision shall be read to abrogate the requirements of the Design and Development Department to comply with the Public Records Act or other mandatory or permissive disclosure provisions in local or California law. (U) RELATIONSHIP OF THE PARTIES; NO THIRD PARTY BENEFICIARIES. The Parties are independent contractors. This Agreement does not create nor is it intended to create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the Parties. As set forth in paragraph (I) above, there are no third -party beneficiaries to this Agreement. N. 252 (V) WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either Party in exercising any right under this Agreement shall constitute a waiver of that right or any other right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a Party at law or in equity. (W) FORCE MAJEURE. Neither Party shall be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) for causes beyond that Party's reasonable control and occurring without that Parry's fault or negligence, including, but not limited to, acts of God, acts of government (except acts of the City pursuant to its enforcement authority under this Agreement and under law), flood, fire, civil unrest, acts of terror, strikes or other labor problems (other than those involving Airbnb employees), computer attacks or malicious acts, such as attacks on or through the Internet, any Internet service provider, telecommunications or hosting facility. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused. (X) ASSIGNMENT. Neither Party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other Party (which consent shall not be unreasonably withheld). Notwithstanding the foregoing, Airbnb may assign this Agreement in its entirety without consent of the other Party in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets provided the assignee has agreed to be bound by all of the terms of this Agreement and all past due remittances are or have been paid in full, and Airbnb provides notice to the City of any assignment or merger no later than twenty-one (21) days after the effective date of that assignment and assumption or other Agreement to the Design and Development Department, which shall have the name and contact information of the assignee. Any attempt by a Party to assign its rights or obligations under this Agreement in breach of this section shall be void and of no effect. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the Parties, their respective successors and permitted assigns. (Y) SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect. 0 253 NOTICES (Z) All notices under this Agreement shall be in writing and shall be deemed to have been given upon: (i) personal delivery; (ii) the third business day after first class mailing postage prepaid; or (iii) the second business day after sending by overnight mail or by facsimile with telephonic confirmation of receipt. Notices shall be addressed to the attention of the following persons, provided each Party may modify the authorized recipients by providing written notice to the other Party: To Airbnb: Airbnb, Inc. Attn: Fax: Email: With a copy to: Attn: Fax: Email: To the City: City of La Quinta Design and Development Department Attn: Design and Development Director 78-495 Calle Tampico La Quinta, CA 92253 Fax: (760) 777-7105 Email: NON -LIABILITY OF CITY OFFICERS AND EMPLOYEES (AA) No officer, official, employee, agent, representative, or volunteer of the City (defined herein as the Design and Development Department) shall be personally liable to Airbnb, or any successor in interest, in the event of any default or breach by Design and Development Department for any amount which may become due to Airbnb or to its successor, or for breach of any obligation of the terms of this Agreement. 10 254 AUTHORITY TO EXECUTE AGREEMENT (BB) 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. (Signatures follow on next page) 11 255 IN WITNESS WHEREOF, Airbnb and the Design and Development Department have executed this Agreement effective on the date set forth in the introductory clause. AIRBNB, INC., a Delaware corporation By: Signature of Taxpayer or Authorized Representative Print Name and Title of Taxpayer or Authorized Representative CITY OF LA QUINTA DESIGN AND DEVELOPMENT DEPARTMENT 12 256 City of La Quinta CITY COUNCIL MEETING: July 19, 2016 STAFF REPORT AGENDA TITLE INTRODUCE AN ORDINANCE AMENDING SECTION 3.25.060(B) OF THE MUNICIPAL CODE RELATING TO THE APPLICATION FEE FOR SHORT-TERM VACATION RENTAL PERMITS RECOMMENDATION A) Move to take up Ordinance No. by title and number only and waive further reading. B) Move to introduce at first reading, Ordinance No. amending Municipal Code Section 3.25.060(B) relating to the application fee for short-term vacation rental permits. EXECUTIVE SUMMARY As part of the Municipal Code (Code) streamlining project, fee amounts have been systematically moved from the Code and consolidated into one comprehensive fee resolution. An update of the comprehensive fee resolution will be before the Council on August 2, 2016, and will include the fee for short-term vacation rental (STVR) applications. In order to include the updated STVR application fee in the fee resolution, it must be removed from the Code. FISCAL IMPACT - None BACKGROUND/ANALYSIS In 2012, Chapter 3.25 SHORT-TERM VACATION RENTALS was added to the Code and included Section 3.25.060(B), which established an application fee of twenty-five dollars ($25). Since 2015, the City has been methodically streamlining the Code, which includes removing fee amounts and transferring them to the comprehensive fee schedule resolution. The advantages are (a) all City fees will eventually be in one document, (b) a consolidated fee schedule will assist residents and staff in locating the most current, accurate fees without searching multiple documents, (c) adjustments to the fee schedule resolution can be done in one action and take effect immediately (in most cases) whereas fees set by ordinance require a first and second reading at separate Council meetings and thirty days before they go into effect. 257 The Council is scheduled to consider the comprehensive citywide fee schedule on August 2, 2016 and this schedule will include a revised STVR application fee. Since the City cannot have one fee in a resolution and another in the Code, staff recommends that the Council amend the Code to delete the fee listed in Section 3.25.060(B). The Section will be amended to read: The short-term vacation rental permit application shall be accompanied by an application fee of twenty -fide -$-2-5 as set by resolution of the City Council. All other sections of Chapter 3.25 will remain the some. The effective dates will be coordinated so as not to cause confusion. If approved, the Code Section 3.25.060(B) amendment will take effect the some day as the fee resolution, which is expected to be October 3, 2016. ALTERNATIVES As this is a continuation of the fee consolidation effort directed by Council, no alternative is recommended. Prepared by: Susan Maysels, City Clerk Approved by: Frank J. Spevacek, City Manager 258 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTION 3.25.060(B) OF THE MUNICIPAL CODE RELATING TO SHORT-TERM VACATION RENTAL PERMIT APPLICATION FEES WHEREAS, the City desires to consolidate all city fees into one citywide, consolidated fee schedule resolution, and WHEREAS, Municipal Code Section 3.25.060(B) sets the fee for short-term vacation rental permit applications, which fee the City wishes to remove from the Code, update and include in the citywide, consolidated fee schedule resolution, NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. Section 3.25.060(B) of the La Quinta Municipal Code shall be amended in its entirety to read as follows: The short-term vacation rental permit application shall be accompanied by an application fee as set by resolution of the City Council. SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect concurrent with the effective date of the fee schedule resolution: October 3, 2016. SECTION 3. 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 2"d day of August 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: LINDA EVANS, Mayor City of La Quinta, California 259 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 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. (enter number) which was introduced at a regular meeting on the (date) day of (month), (year), and was adopted at a regular meeting held on the (date) day of (month), (year), not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in the Rules of Procedure adopted by City Council Resolution No. 2014-013. SUSAN MAYSELS, City Clerk City of La Quinta, California DECLARATION OF POSTING I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on , pursuant to Council Resolution. SUSAN MAYSELS, City Clerk City of La Quinta, California 260 City of La Q u i nta STUDY SESSION ITEM NO.1 CITY COUNCIL MEETING: July 19, 2016 STAFF REPORT AGENDA TITLE: DISCUSS MODIFICATION TO PROCEDURES FOR APPOINTMENTS TO BOARDS AND COMMISSIONS RECOMMENDATION Provide direction regarding board and commission structure. EXECUTIVE SUMMARY • Currently, four of the six City boards and commissions have vacancies. In recent years there has been a decline in applications for open positions. • One consideration entails expanding the Planning Commission to seven members, assigning the Architecture and Landscaping Review Board (ALRB) responsibilities to the Planning Commission and appointing the current ALRB members to the Planning Commission. • A second consideration is to expand the duties of the Investment Advisory Board and rename to the Financial Advisory and Oversight Board. FISCAL IMPACT - None BACKGROUND/ANALYSIS The City Council formed boards and commissions to facilitate broader participation, to solicit a broad range of opinions, and to introduce citizens to the municipal government process. There are currently six as follows: • Planning Commission • Building and Construction Appeals Board • Housing Commission • Community Services Commission • Investment Advisory Board (IAB) • Architectural and Landscape Review Board Per State law, the City must have a planning commission, a building and construction appeals board, and a housing commission (if a housing authority owns rental properties). There is not a State -mandated process the City must follow to fill these positions. Each municipality fundamentally establishes its own procedures. The City's current practice is as follows: 261 • Solicit applications for open positions • Request applicants to identify their preference and if more than one, prioritize their choices. • Council interviews applicants and appointments, and • Council cast their ballots and the applicant receiving three votes is appointed. Alternates. In 2014 the Council elected to appoint alternates to boards and commissions if there were more applicants than openings on a particular board or commission. An alternate is a non -voting member who becomes a voting member if a seated board or commission member vacates their position during their term. Unfilled Positions. Board and commission vacancies occurred in June of 2016 due to term limits or members electing to not serve out their terms. Candidate solicitation commenced in April 2016 and there were not a sufficient number of candidates to fill vacancies on the IAB or the ALRB. Only 3 of the 5 positions are filled on the IAB, and only 2 of the 3 positions on the ALRB. The IAB. The IAB's primary functions are to annually review the City's investment policy, review monthly treasure reports and note compliance, and serve as a resource for the City treasurer. The Council could consider changing the name of the Investment Advisory Board to Financial Advisory and Oversight Board and expand their duties to include: • Review draft of annual financial reports • Review bank services RFP/contract • Review revenue and expenses for general fund only • Review proposed budget each year • Review auditing RFP, interview firms and provide a recommendation • Review new and upcoming financial regulations affecting the city • Review internal controls of the city • Oversight of the revenues and expenditures associated with the 1% sales tax increase (if approved by the voters). These changes would facilitate additional oversight that supports the City's transparency standards while achieving: integrity of financial information, suitability of internal controls, compliance with regulatory requirements, performance of internal audits/procedures, and communication with the outside auditing firm. The ALRB. The ALRB serves as an advisory body to the Planning Commission through recommendations regarding project design and landscaping. During the development code streamlining, staff suggested that the Planning Commission membership be increased from five to seven voting members and that two of the seven members specialize in project design and landscaping. However, the Sub -Committee's Planning Commission members felt that the ALRB input was valuable and did not support this recommendation. Now that there is not sufficient interest in ALRB membership, staff is suggesting that the Council consider combining the ALRB with the Planning Commission, which would: 262 • Create a seven panel Planning Commission with two members having expertise in the areas of architecture, landscape architecture, and/or planning. • Streamline development review process and reduce processing times (by up to four weeks) • Generate cost savings which would translate into developer/builder cost savings • Support City goals in reducing paper waste with project submittals. The Council may also wish to evaluate the pros and cons of maintaining the alternate positions. There were only enough candidates to fill alternates for the Planning and Community Services Commissions. ALTERNATIVES Leave the current structure in place or provide alternatives. Prepared by: Gilbert Villalpando, Management Specialist Approved by: Frank J. Spevacek, City Manager 263 264 City of La Quinta CITY COUNCIL MEETING: July 19, 2016 STAFF REPORT AGENDA TITLE ADOPT A RESOLUTION TO APPROVE TENTATIVE TRACT MAP 36817 TO SUBDIVIDE APPROXIMATELY 4.6-ACRE SITE INTO TEN RESIDENTIAL LOTS AND FIND PROJECT EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT RECOMMENDATION Adopt resolution to approve a Tentative Tract Map No. 36817 (TTM2014-1004) to subdivide approximately 4.6-acre site into ten single-family residential lots, and find the project exempt from the California Environmental Quality Act (CEQA). EXECUTIVE SUMMARY The applicant proposes to subdivide approximately 4.6-acre site into ten single- family residential lots (Attachment 1). • The proposed subdivision conforms to the policies and development standards of the La Quinta General Plan and Municipal Code. FISCAL IMPACT - None. BACKGROUND The project site is located along Monroe Street between Avenue 54 and Airport Boulevard (Attachment 2). An existing residential community, the Estates at La Quinta is north of the project site. An existing single-family residence with private equestrian facilities is west of the project site. Monterra, a residential community under construction, is south of the project site. To the east of the project site, across Monroe Street, is vacant land outside of the City limits. A driveway, providing the property to the west access to Monroe Street, exists along a 40- foot easement on the northern portion of the site (Attachment 3). Much of the remainder of the site has been utilized as materials/vehicle storage and enclosed equestrian facilities for the property to the west. PROPOSAL & ANALYSIS Overview Approval of Tentative Tract Map No. 36817 (TTM2014-1004) would allow the applicant to subdivide the subject property into ten single-family residential lots varying in size from 10,200 to 11,800 square feet (Attachment 4). Access to the tract will be provided on Monroe Street (right -in, right -out), and a private cul-de-sac street will provide access to the lots. The existing private gate that serves the property to the west will be replaced with a 265 community gate. A retention basin is located near the entrance to the project and two additional open space lots are provided. The proposed map represents a density of 2.1 units per acre, which is within the 2-4 units per acre required by the La Quinta Municipal Code (LQMC). The map is subject to LQMC Section 9.50.100, which identifies unique development standards that apply to all new subdivisions less than ten acres in size located in the southern section of the City (Attachment 5). These standards include a 10,000 square foot minimum lot size as well as open space and landscaped parkway requirements. This map has been designed to be consistent with these standards. No residential units are proposed at this time. The Planning Commission has recommended the following condition of approval: • A site development permit consisting of architectural and landscaping plans shall be reviewed and approved at a duly noticed public hearing of the Planning Commission. Opposition from Neighboring Properties The owners of the property abutting the project site to the west, the Ziegler family, have expressed opposition due to uncertainty of continued access to their property during future construction activities or if construction activities cease. The recommended conditions of approval require the applicant to construct a 32-foot wide road, secure a restoration bond for street construction as part of the grading permit process, and provide a temporary access road during construction. Utility lines will also be extended to the end of the cut -de - sac as part of the street improvements. The Ziegler's remain opposed to the proposed subdivision (Attachment 6). The Board of the Estates at La Quinta (Estates) to the north originally opposed the map due to the tract configuration, building heights, and potential impact on views. However, with the addition of a condition of approval limiting the building heights to 22-foot, single -story units, the Estates have resolved their objections and are in support of the proposal. However, a single homeowner remains opposed for the reasons listed above (Attachment 7). COMMISSION RECOMMENDATION On May 24, 2016, the Planning Commission reviewed and unanimously recommended approval of the proposal. AGENCY & PUBLIC REVIEW Public Agency Review This request was sent to all applicable City departments and affected public agencies. All written comments received are on file and available for review with the Design and Development Department. All applicable comments have been adequately addressed and/or incorporated in the recommended Conditions of Approval. . ^, Public Notice This project was advertised in The Desert Sun newspaper on July 8, 2016, and mailed to all property owners within 500 feet of the site. To date, no comments have been received. Any written comments received will be handed out at the City Council hearing. ENVIRONMENTAL REVIEW The Design and Development Department has determined that this project is exempt from environmental review pursuant to Section 15332 (Class 32) of the California Environmental Quality Act in that the proposed project can be characterized as in -fill development. ALTERNATIVEF Alternative actions include denying the project, or discussion and incorporation of any project adjustments deemed appropriate in order to approve the proposed project. Prepared by: Jay S. Wuu, AICP, Principal Planner Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer Attachments: 1. Project Information 2. Project Area Map 3. Site Photos 4. Tentative Tract Map 36817 5. La Quinta Municipal Code Section 9.50.100 (Ordinance 440) 6. Letter of Opposition: Ziegler Family 7. Letter of Opposition: Dr. Hernandez 267 268 RESOLUTION NO. 2016 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A PROPOSAL TO SUBDIVIDE AN APPROXIMATELY 4.6 ACRE SITE INTO TEN RESIDENTIAL LOTS AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT CASE NUMBER: TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH WHEREAS, the City Council of the City of La Quinta, California did, on the 19th day of July, 2016, hold a duly noticed Public Hearing to consider Tentative Tract Map 36817 (TTM 2014-1004), a request by Essi Shahandeh to subdivide approximately 4.6 acres into ten residential lots, generally located on Monroe Street, between Avenue 54 and Airport Boulevard, more particularly described as: APN: 767-580-014 WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on July 8, 2016 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings pursuant to Section 13.12.130 of the Municipal Code to justify recommendation of said Tentative Tract Map: 1. The proposed tentative tract map is consistent with the La Quinta General Plan. The proposed map conforms to the design guidelines and standards of the General Plan for Low Density Residential designated properties, as set forth in the Land Use Element, in that it will facilitate the construction of additional residential options while maintaining residential development standards including setbacks, pad elevations, and other design and performance standards that assure a high quality of development. The project density of approximately 2.1 units per acre is consistent with the Low Density Residential land use designation of up to four dwelling units per acre, as set forth in the General Plan. 2. The design or improvement of the proposed tentative tract map is consistent with the city General Plan in that its street and parcel design are in conformance with applicable goals, policies, and development standards, and will provide adequate infrastructure and public utilities. 269 Resolution No. 2016 - Tentative Tract Map 36817 (TTM 2014-1004) Adopted: July 19, 2016 Page 2 of 4 3. The design of the tentative tract map and the proposed improvements are not likely to cause substantial environmental damage nor substantially injure fish or wildlife or their habitat. The Design and Development Department has determined that this project is exempt from environmental review pursuant to Section 15332 (Class 32) of the California Environmental Quality Act in that the proposed project can be characterized as in -fill development. 4. The design of the tentative tract map and the proposed improvements are not likely to cause serious public health problems. As conditioned, the proposed tentative tract map will not result in any increased hazard to public health or welfare, as the design has been reviewed by the appropriate responsible agencies for health and safety issues, with none identified. 5. The site of the proposed tentative tract map is physically suitable for the type of development and proposed density of development. As conditioned, the proposed design of the subdivision is physically compatible with the site with regards to level topography for the type of land use designation and potential development of the subject property, and in consideration of existing residential development in the surrounding area. 6. As conditioned, the proposed tentative tract map is consistent with all applicable provisions of this title and the La Quinta Zoning Ordinance, including, but not limited to, minimum lot area requirements, any other applicable provisions of this code, and the Subdivision Map Act. 7. As conditioned, the design of the tentative tract map will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision, for access through or use of the property within the subdivision in that access is provided within the project and to adjacent public streets. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the findings of the City Council in this case. 270 Resolution No. 2016 - Tentative Tract Map 36817 (TTM 2014-1004) Adopted: July 19, 2016 Page 3 of 4 SECTION 2. That the City Council does hereby approve Tentative Tract Map 36817 (TTM2014-1004) for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta City Council, held on this the 19th day of July, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: LINDA EVANS, Mayor City of La Quinta, California 271 Resolution No. 2016 - Tentative Tract Map 36817 (TTM 2014-1004) Adopted: July 19, 2016 Page 4 of 4 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 272 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: JULY 19, 2016 Page 1 of 23 GENERAL The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. 2. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 3. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code §§ 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 4. This Tentative Tract Map shall expire on July 19, 2018, two years from the date of City Council approval, unless recorded or granted a time extension pursuant to the requirements of La Quinta Municipal Code 13.12.160 (Extensions of time for tentative maps). 5. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies: • Riverside County Fire Marshal • La Quinta Design and Development Department (Grading Permit, Green Sheet (Development Services Clearance) for Building Permits, Water Quality Management Plan(WQMP) Exemption Form - Whitewater River Region, Improvement Permit) • Riverside Co. Environmental Health Department • Coachella Valley Unified School District (CVUSD) • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Regional Water Quality Control Board (CRWQCB) • State Water Resources Control Board 273 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: JULY 19, 2016 Page 2 of 23 • SunLine Transit Agency (SunLine) • South Coast Air Quality Management District Coachella Valley (SCAQMD) The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 6. Coverage under the State of California Construction General Permit must be obtained by the applicant, who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI") and Waste Discharger Identification (WDID) number to the City prior to the issuance of a grading or building permit. 7. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; the California Regional Water Quality Control Board - Colorado River Basin Region Board Order No. R7-2013-0011 and the State Water Resources Control Board's Order No. 2012-0006-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP") to the State Water Resources Control Board. The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. C. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (LQMC Section 8.70.020 (Definitions)): 1) Temporary Soil Stabilization (erosion control). 274 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: JULY 19, 2016 Page 3 of 23 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. D. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. E. The SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City Council. F. The inclusion in the Homeowners' Association (HOA) Conditions, Covenants, and Restrictions (CC&Rs), a requirement for the perpetual maintenance and operation of all post -construction BMPs as required; and the applicant shall execute and record an agreement that provides for the perpetual maintenance and operation of all post -construction BMPs is required. 8. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney's fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. 9. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant's fees incurred by the City for engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. 275 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: JULY 19, 2016 Page 4 of 23 PROPERTY RIGHTS 10. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 11. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer or the HOA over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over open space/drainage facilities of the master development. 12. The applicant shall offer for dedication on the Final Map all public street right-of- ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 13. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Monroe Street (Primary Arterial) - 54 feet from the centerline of Monroe Street for a total 108-foot ultimate developed right of way. 14. The applicant shall retain for private use on the Final Map all private street right- of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 15. The private street right-of-ways to be retained for private use required for this development include: A. PRIVATE STREETS Private residential streets measured gutter flow line to gutter flow line shall have a 36-foot travel width. The travel width may be reduced to 32 feet with parking restricted to one side, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed and approved by the Design and Development Department prior to recordation. 276 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: JULY 19, 2016 Page 5 of 23 I81101et9L1 1) The cut de sac shall conform to the shape shown on the tentative map with a 38-foot curb radius at the bulb or larger as shown on the tentative map. 16. Right-of-way geometry for standard cul-de-sacs and property line corner cut -backs at curb returns shall conform to Riverside County Standard Drawings #800, and #805, respectively, unless otherwise approved by the City Engineer. 17. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. Pursuant to this requirement, the Applicant shall include in the submittal packet containing the draft final map submitted for map checking, an offsite street geometric layout, drawn at 1 inch equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement 18. When the City Engineer determines that access rights to the proposed street right- of-ways shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such right-of-ways, the applicant shall grant the necessary right-of-ways within 60 days of a written request by the City. 19. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along the south side of the private street. Such easement may be reduced to five feet in width with the express written approval of IID. 20. The applicant shall create perimeter landscaping setbacks along all public right-of- ways as follows: A. Monroe Street (Primary Arterial) - 20 feet from the R/W-P/L. The listed setback depth shall be the average depth where a meandering wall design is approved. 277 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: JULY 19, 2016 Page 6 of 23 The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 21. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 22. Direct vehicular access to Monroe Street from lots with frontage along Monroe Street is restricted, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. 23. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 24. The applicant acknowledges the rights of the Public for Roads, Public Utilities and Public Service uses over the northerly 40 feet of the property as described in a Declaration of Dedication recorded November 6, 1972 as Instrument 147986 of Official Records. The applicant acknowledges the rights of the adjacent property owner to the west (currently identified as APN 767-580-013) in that they hold an easement for ingress and egress described in a Corporation Grant Deed recorded November 28, 1972 as Instrument 157027 of Official Records, which is junior to the aforementioned Declaration of Dedication. The applicant shall maintain the neighbors rights by offering the adjacent owner an ingress and egress easement over the reconfigured Lot A on the Final Map. Upon completion and acceptance, by City Engineer, of construction of the street improvements over reconfigured Lot A and granting of an ingress and egress easement over the reconfigured Lot A to the adjacent owner, applicant shall apply for the existing easement for Public Roads, Public Utilities and Public Service uses over the northerly 40 feet of the property as described in the aforementioned Declaration of Dedication recorded November 6, 1972 as Instrument 147986 of Official Records to be vacated by the City. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. 278 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: JULY 19, 2016 Page 7 of 23 FINAL MAPS 25. Prior to the City's approval of a Final Map, the applicant shall furnish accurate mylars of the Final Map. The Final Map shall be 1 inch = 40 feet scale. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 26. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 27. The following improvement plans shall be prepared and submitted for review and approval by the Design and Development Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. B. C. D. E. F. On -Site Rough Grading Plan PM10 Plan SWPPP 1 inch = 40 feet Horizontal 1 inch = 40 feet Horizontal 1 inch = 40 feet Horizontal (Plan submitted in Report Form) NOTE: A through D to be submitted concurrently. Off -Site Street Improvements/Storm Drain Plan 1 inch = 40 feet Horizontal, 1 inch = 4 feet Vertical Off -Site Signing & Striping Plan 1 inch = 40 feet Horizontal 279 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: JULY 19, 2016 Page 8 of 23 The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. G. On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1 inch = 40 feet Horizontal, 1 inch= 4 feet Vertical NOTE: E through F to be submitted concurrently. (Separate Storm Drain Plans if applicable) The following plans shall be submitted to the Building and Safety Division for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building Official in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvements plans not listed here pursuant to improvements required by other agencies and utility purveyors. H. On -Site Residential Precise Grading Plan 1 inch = 30 feet Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formatted approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200 feet beyond the project limits, or a distance sufficient to show any required design transitions. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrant) and Street name Signs per Public Works Standard Plans and/or as approved by the Design and Development Department. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of one (1) foot of cover, or sufficient cover to clear any adjacent obstructions. 28. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Division at the City website (www.la- 280 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: JULY 19, 2016 Page 9 of 23 guinta.org). Please navigate to the Public Works Division home page and look for the Standard Drawings hyperlink. 29. The applicant shall furnish a complete set of all approved improvement plans on a storage media acceptable to the City Engineer (currently mylars). 30. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the FOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 31. Prior to approval of any Final Map, the applicant shall construct all on and off -site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 32. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 33. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. 34. Depending on the timing of the development of this Tentative Tract Map, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. 281 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: JULY 19, 2016 Page 10 of 23 B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these actions, as the City may require. Off -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements in the first phase of construction or by the issuance of the 20 % Building Permit. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 35. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off - site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule as approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1/2 inches x 11 inches reduction of each page of the Final Map, along with a copy of an 8-1/2 inches x 11 inches Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 36. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 282 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: JULY 19, 2016 Page 11 of 23 GRADING 37. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 38. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 39. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a civil engineer registered in the State of California. Grading plan shall show the proposed location of the Temporary Access Road as described in Condition No. 38, B. On -Site Street Improvement and Signing & Striping Plan. C. An application for an encroachment permit to do any work within the 40 foot public right of way easement on the northerly part of the property. Applicant shall submit a restoration bond for replacement of the roadway improvements currently within the easement to the satisfaction of the City Engineer. D. A preliminary geotechnical ("soils") report prepared by an engineer registered in the State of California, E. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and F. A Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES Stormwater Discharge Permit and Storm Management and Discharge Controls). G. A WQMP prepared by an engineer registered in the State of California. All grading shall conform with the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by soils engineer, or engineering geologist registered in the State of California. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. 283 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: JULY 19, 2016 Page 12 of 23 The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. Additionally, the applicant shall replenish said security if expended by the City of La Quinta to comply with the Plan as required by the City Engineer. 40. At all times the applicant shall maintain the rights of the public and the westerly neighbor for access in the public easement located in the northerly 40 of the subject property as identified in Condition 22. In the event the applicant must interrupt ingress and egress over this area to construct the improvements in Lot A as proposed on the Tentative Map, the applicant shall grant to the City a Temporary Access Easement and shall construct an access road in compliance with the requirements below for the purpose of maintaining the interests of the Public and ingress and egress to the westerly neighbor. Upon completion of improvements in Lot A, the Temporary Access Easement shall terminate and the temporary road may be removed. Fire Apparatus temporary access road shall be in compliance with the Riverside County Fire Department Standard number 06-06 (located at www.rvcfire.org). Temporary access road will not have an up, or downgrade of more than 15%. Temporary access road shall have an unobstructed vertical clearance not less than 13 feet and 6 inches. Temporary access road will be designed to withstand the weight of 60 thousand pounds over 2 axles. Access will have a turning radius capable of accommodating fire apparatus. Temporary access road shall be constructed with a surface so as to provide all weather driving capabilities. 41. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6 feet) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half (1.5) inches in the first eighteen (18) inches behind the curb. 42. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 284 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: JULY 19, 2016 Page 13 of 23 43. Building pad elevations of perimeter lots shall not differ by more that one foot from the building pads in adjacent developments. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 44. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus half of a foot (0.5 foot) from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Engineer for a substantial conformance review. 45. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 46. Stormwater handling shall conform with the approved hydrology and drainage report for Tract Map No. 36817. Nuisance water shall be disposed of in an approved manner. 47. The applicant shall comply with the provisions of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be either the 1-hour, 3-hour, 6-hour or 24-hour event producing the greatest total run off. 48. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 285 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: JULY 19, 2016 Page 14 of 23 49. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise and as approved by the City Engineer. 50. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 51. No fence or wall shall be constructed around any retention basin unless approved by the Planning Manager and the City Engineer. Walls required for noise attenuation are not included in this restriction. 52. For on -site above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems. Side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin. 53. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to LQMC Section 9.100.040(B)(7). 54. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 55. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 56. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 57. The applicant shall comply with applicable provisions for post construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: JULY 19, 2016 Page 15 of 23 Quality Control Board - Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011 and the State Water Resources Control Board's Order No. 2012- 0006-DWQ. A. For post -construction urban runoff from new development and redevelopment projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board - Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011. B. The applicant shall implement the WQMP Design Standards per (CRWQCB- CRB) Region Board Order No. R7-2013-0011 utilizing BMPs approved by the City Engineer. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. C. The developer shall execute and record a Stormwater Management/BMP Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs. UTILITIES 58. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 59. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 60. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 287 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: JULY 19, 2016 Page 16 of 23 61. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required, by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. Additionally, grease traps and the maintenance thereof shall be located as to not conflict with access aisles/entrances. STREET AND TRAFFIC IMPROVEMENTS 62. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access for Individual Properties and Development) for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 63. Streets shall have vertical curbs or other approved curb configurations that will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations. If a wedge or rolled curb design is approved, the lip at the flowline shall be near vertical with a 1/8" batter and a minimum height of 0.1'. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 64. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Monroe Street (Primary Arterial): Widen the west side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width on the west side as specified in the General Plan and the requirements of these conditions. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. The west curb face shall be located thirty- nine feet (39') west of the centerline, except at locations where additional street width is needed to accommodate: a) Bus turnout (if required by Sunline Transit) Other required improvements in the Monroe Street right or way and/or adjacent landscape setback area include: 288 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: JULY 19, 2016 Page 17 of 23 b) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. c) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that touches the back of curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet, and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within five (5) feet of the multi -use trail at intervals not to exceed 250 feet. d) Half width of a 16-foot wide raised landscaped median along the entire boundary of the Tentative Tract Map or as approved by the City Engineer. Left turn out and left turn in movements are restricted. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). B. PRIVATE STREETS 1) Private Residential Streets measured at gutter flow line to gutter flow line shall have a 32-foot travel width with parking restricted to one side and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed and approved by the Design and Development Department prior to recordation. 2) The location of driveways of corner lots shall not be located within the curb return and away from the intersection when possible. C. PRIVATE CUL DE SACS 1) Shall be constructed according to the lay -out shown on the tentative map with 38-foot curb radius or greater at the bulb similar to the layout shown on the rough grading plan. 65. All gated entries shall provide for a three -car minimum stacking capacity for inbound traffic to be a minimum length of 62 feet from call box to the street; and shall provide for a full turn -around outlet for non -accepted vehicles. 289 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: JULY 19, 2016 Page 18 of 23 Where a gated entry is proposed, the applicant shall demonstrate that those passenger vehicles that do not gain entry into the development can safely make a full turn -around (minimum radius to be 24 feet) out onto the main street from the gated entry. Pursuant to said condition, there shall be a minimum of twenty five feet width provided at the turn -around opening provided. Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents, and one lane for visitors. The two travel lanes shall be a minimum of 20 feet of total paved roadway surface or as approved by the Fire Department. Entry drives, main interior circulation routes, standard knuckles, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 66. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential 3.0 inches a.c./4.5 inches c.a.b. Primary Arterial 4.5 inches a.c./6.0 inches c.a.b. or the approved equivalents of alternate materials. 67. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 68. General access points and turning movements of traffic are limited to the following: Primary Entry (Monroe Street): Right turn in, and right turn out. 69. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 290 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: JULY 19, 2016 Page 19 of 23 70. Improvements shall be designed and constructed in accordance with City -adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. CONSTRUCTION 71. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. FIRE PROTECTION 72. For residential areas, approved standard fire hydrants, located at each intersection, with no portion of any lot frontage more than a maximum of 500 feet from a hydrant. Minimum fire flow for all residential structures shall be 1500 GPM for a two hour duration at 20 PSI. 73. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. Two sets of water plans are to be submitted to the Fire Department for approval. 74. Applicant/Developer shall mount blue dot retro-reflectors pavement markers on private streets, public streets and driveways to indicated location of the fire hydrant. It should be 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 75. The minimum dimension for gates is 20 feet clear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height. Any gate providing access from a road shall be located at least 35 feet setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, a 38-foot turning radius shall be used. 76. Gates may be automatic or manual and shall be equipped with a rapid entry system (KNOX). Plans shall be submitted to the Fire Department for approval prior to installation. Automatic gate pins shall be rated with a shear pin force, not to exceed 30 291 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: JULY 19, 2016 Page 20 of 23 pounds. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. Automatic gates shall be provided with backup power. 77. Fire Apparatus access road and driveways shall be in compliance with the Riverside County Fire Department Standard number 06-05 (located at www.rvcfire.org). Access lanes will not have an up, or downgrade of more than 15%. Access roads shall have an unobstructed vertical clearance not less than 13 feet and 6 inches. Access lanes will be designed to withstand the weight of 80 thousand pounds over 2 axles. Access will have a turning radius capable of accommodating fire apparatus. Access lane shall be constructed with a surface so as to provide all weather driving capabilities. 78. Roadways may not exceed 1,320 feet without secondary access. This access may be restricted to emergency vehicles only however, public egress must be unrestricted. 79. Any turn -around requires a minimum 38-foot turning radius. LANDSCAPE AND IRRIGATION 80. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 81. Prior to issuance of any grading permit, the applicant shall submit a Final Landscape Plan application (FLP) for review and approval before the Architecture and Landscape Review Board (ALRB). The landscape plans shall include appropriate data to confirm compliance with Section9.50.100 of the LQMC, regarding provision of a minimum 25% open space throughout the tract, consistent with the approved TT 36817 exhibit. All such open space shall be shown to be accessible for passive and/or active recreational use. The FLP shall have been approved by the ALRB prior to recordation of TT 36817. 82. After approval by the ALRB, the applicant shall process all landscape plans for final approval by the Planning Division with green sheet sign off by the Development Services Division, if applicable. When plan checking has been completed by the Planning Division, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Planning Manager. Landscape plans for landscaped medians on public streets shall be approved by both the Planning Manager and the City Engineer. Where City Engineer approval is not required, the applicant shall submit for green sheet approval by the Development Services Division. 83. The final landscape plan submittal shall incorporate the following provisions: A. Incorporation of a six-foot high block wall at Lot Band Lot C, and at Lot land Lot C. 292 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: JULY 19, 2016 Page 21 of 23 84. Final field inspection of all landscaping materials, including all vegetation, hardscape and irrigation systems is required by the Planning Division prior to final project sign -off by the Planning Division. Prior to such field inspection, written verification by the project's landscape architect of record stating that all vegetation, hardscape and irrigation systems have been installed in accordance with the approved final landscape plans shall be submitted to the Planning Division. 85. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Manager. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 86. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets" or latest edition, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. 87. Lighting plans shall be submitted with the final landscaping plans for a recommendation to the Planning Director for his approval. Exterior lighting shall be consistent with LQMC Section 9.100.150 (Outdoor Lighting). PUBLIC SERVICES 88. The applicant shall provide public transit improvements as may be required by SunLine Transit Agency and approved by the City Engineer. MAINTENANCE 89. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 90. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, access drives, sidewalks, and stormwater BMPs. FEES AND DEPOSITS 91. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 92. Permits issued under this approval shall be subject to the provisions of the Transportation Uniform Mitigation Fee and Development Impact Fee programs in effect at the time of issuance of building permit(s). 293 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: JULY 19, 2016 Page 22 of 23 93. Provisions shall be made to comply with the terms and requirements of the City's adopted Art in Public Places program in effect at the time of issuance of building permits. 94. Tentative Tract 36817 shall provide for parks through payment of an in -lieu fee, as specified in Chapter 13.48, LQMC. Based on the requirements of Section 13.48.050 LQMC, the amount of park land required for 11 lots is 0.084 acres. The in -lieu payment shall be based upon this acreage requirement, and on the fair market value of the land within the subdivision. Land value information shall be provided to the Planning Director, via land sale information, a current fair market value appraisal, or other information on land value within the subdivision. Payment of the in -lieu fee shall be made prior to, or concurrently with recordation of the first final map within the tentative map. 95. A fee shall be paid to Riverside County, as required by the County to post the Notice of Determination and offset costs associated with AB 3158 (Fish and Game Code 711.4). The fee shall be based on the established County fee schedule for filing a Negative Declaration for posting. The fee is to be payable to Riverside County, and is due to the Planning Department within 24 hours of City Council approval. 96. Applicant shall pay the fees as required by the Coachella Valley Unified School District, as in effect at the time requests for building permits are submitted. 97. Permits issued under this approval shall be subject to the Coachella Valley Multi -Species Habitat Conservation Plan/Natural Community Habitat Conservation Plan Mitigation Fee, in accordance with LQMC Chapter 3.34. PLANNING DIVISION 98. Within 30 days of the initiation of any ground disturbing activity on the project site, the project proponent shall cause a protocol -compliant burrowing owl survey to be completed, submitted to the Planning Division, and approved. Should the species be identified on the site, the biologist's recommendations for relocation shall be implemented prior to the issuance of any ground disturbance permit. 99. In the event of an unanticipated discovery, all work must be suspended within 50 feet of the find until a qualified archaeologist evaluates it. In the unlikely event that human remains are encountered during project development, all work must cease near the find immediately. In accordance with California Health and Safety Code Section 7050.5, the County Coroner must be notified if potentially human bone is discovered. The Coroner will then determine within two working days of being notified if the remains are subject to his or her authority. If the Coroner recognizes the remains to be Native American, he or she shall contact the Native American Heritage Commission (NAHC) by phone within 294 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: JULY 19, 2016 Page 23 of 23 24 hours, in accordance with Public Resources Code Section 5097.98. The NAHC will then designate a Most Likely Descendant (MLD) with respect to the human remains. The MLD then has the opportunity to recommend to the property owner or the person responsible for the excavation work means for treating or disposing, with appropriate dignity, the human remains and associated grave goods. Work may not resume in the vicinity of the find until all requirements of the health and safety code have been met. If any resource recovery occurs, a final report shall be submitted to the Design and Development Department prior to the issuance of the first Certificate of Occupancy for the project. 100. Review of architecture and landscaping for production and/or individual custom homes, shall be subject to Title 9, Section 9.60.330 and 9.60.340, LQMC, as applicable. The Planning Division shall determine if the units applied for constitute custom or production -level units. Any custom home design guidelines that may be required shall be reflected or referenced in the CC&R's for TTM 36817. 101. For any new and existing walls or wall sections, including any, entry and property line walls, a master wall plan shall be subject to review and approval by the Planning Division. The master wall plan shall specify colors and materials to be used for all existing and proposed walls, capping, pilasters, entry monuments, planters, and any other such features, as may be applicable. 102. Street name approval shall be required for Lot A, as proposed on the Tentative Tract Map exhibit. Street name(s) shall be reviewed by the Design and Development Department and Fire Department at or prior to final map plan checking. 103. As Monroe Street is a General Plan -designated Image Corridor, buildings within one hundred fifty feet of the edge of right-of-way shall be limited to single -story, with a maximum building height of 22 feet. 104. The CC&R's shall contain a disclosure that notifies potential owners that the property is within and adjacent to the City's Equestrian Overlay District zoning overlay. 105. Residential Lots 1 through 10 as depicted on the approved Tentative Tract Map shall be restricted to single -story units, not to exceed 22 feet in height. This restriction shall be incorporated into the project CC&R's, referencing this Condition number. Compliance with this restriction shall be verified during review of precise grading plan submittal(s). 106. A site development permit consisting of architectural and landscaping plans shall be reviewed and approved at a duly noticed public hearing by the Planning Commission. 295 296 ATTACHMENT 1 Proiect Information CASE NUMBER: TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH PROPERTY OWNER: MANUEL ABARCA ENGINEER: ESSI ENGINEERING REQUEST: SUBDIVIDISION OF AN APPROXIMATELY 4.6 ACRE SITE INTO TEN RESIDENTIAL LOTS LOCATION: MONROE STREET, BETWEEN AVENUE 54 AND AIRPORT BOULEVARD GENERAL PLAN DESIGNATION: LOW DENSITY RESIDENTIAL ZONING DESIGNATION: LOW DENSITY RESIDENTIAL (EQUESTRIAN OVERLAY) SURROUNDING ZONING/LAND USES: NORTH: LOW DENSITY RESIDENTIAL (EQUESTRIAN OVERLAY) EXISTING RESIDENTIAL COMMUNITY SOUTH: LOW DENSITY RESIDENTIAL (EQUESTRIAN OVERLAY) RESIDENTIAL COMMUNITY UNDER CONSTRUCTION EAST: CITY LIMIT VISTA SANTA ROSA WEST: LOW DENSITY RESIDENTIAL (EQUESTRIAN OVERLAY) EXISTING SINGLE-FAMILY RESIDENCE 297 298 g +9 4 y r". r a Y♦ . 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TTM 36817 ProjectArea Site Map W VI E v` City of La Quinta ° Planning Division GEti'rqj lf=,DESEI,I— Community Development Department 299 300 ATTACH M ENT 3 301 All" T'�I �Illll�lli 714 ATTACHMENT 4 CONTACT INFORMATION OWNER/DEVELOPER: A & M CONSTRUCTION P.O. BOX 366 LA QUINTA, CA 92253 760-564-4832 OFFICE 760-564-0406 FAX CONTACT: RICK MORRIS morrisam1@hotmail.com ENGINEER: ESSI ENGINEERING 77-570 SPRINGFIELD LANE, SUITE "C" PALM DESERT, CA 92211 760-772-8400 OFFICE 760-772-8421 FAX CONTACT: ESSI SHAHANDEH essi.shahahndeh®eeicompany.com UTILITY COMPANIES SEWER AND WATER BY CVWD ELECTRIC BY IMPERIAL IRRIGATION DISTRICT TELEPHONE BY VERIZON GAS BY THE GAS CO. CATV BY WARNER CABLE DESERT SANDS UNIFIED SCHOOL DISTRICT GENERAL NOTES 1) THERE IS CONTIGUOUS OWNERSHIP 2) GROSS AREA = xxxxx SF (O.xxx AC), 3) LAND IS NOT SUBJECT TO OVERFLOW, INNUNDATION OR FLOOD HAZARD 4) EXISTING ZONING = R PROPOSED ZONING = R 5) EXISTING USE = VACANT SURROUNDING USE = SINGLE FAMILY RESIDENTIAL PROPOSED USE = SINGLE FAMILY RESIDENTIAL ASSESSOR'S PARCEL NUMBER: 767-580-014 ADDRESS: �1 NOT AVAILABLE BENCHMARK —LOCAL BENCHMARK CITY OF LA QUINTA BENCHMARK 440, A 3.5" BRASS DISK, FLUSH IN CONCRETE 260' SOUTH OF THE B.C.R. OF THE SOUTHEAST CURB RETURN AT THE INTERSECTION OF MADISON STREET AND AVENUE 54, IN LA QUINTA, CA. ELEV: -7.116 (ELEVATIONS SHOWN HEREON ARE SEA LEVEL DATUM +500.00) DATUM: NAVD88 NOTE: ADJACENT TRACT WAS PREPARED UNDER NAVD29. 2.32' WAS ADDED TO ALL ELEVATION FRON THAT DEVELOPMENT TO ASSURE CORRECT RELATIONSHIP TO PADS AND WALLS. BASIS OF BEARINGS THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M. PER MB 427/63, BEING: NORTH 89'55'00" EAST LEGAL DESCRIPTION THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF RIVERSIDE, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 6 SOUTH, RANGE 7 EAST; THENCE SOUTH 2 DEGREES 10'00" EAST, ALONG THE EASTERLY LINE OF SAID SOUTHEAST QUARTER, 165 FEET; THENCE SOUTH 89 DEGREES 47' 20" WEST, PARALLEL WITH THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER, 1,272.98 FEET; THENCE NORTH 02 DEGREES 09' 00" WEST, PARALLEL WITH THE WESTERLY LINE OF THE NORTHEAST QUARTER OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, 165.00 FEET, MORE OR LESS, TO THE NORTHERLY LINE OF SAID NORTHEAST QUARTER; THENCE NORTH 89 DEGREES 47' 20" EAST, ALONG THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER, 1,272.93 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION CONVEYED TO THE COUNTY OF RIVERSIDE, BY DEED RECORDED NOVEMBER 16, 1972 AS INSTRUMENT NO. 153001. EXCEPTING THEREFROM THAT PORTION OF THE SOUTHEAST ONE -QUARTER OF SECTION 15, T. 6 S., R. 7 E., S.B.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST ONE -QUARTER OF SECTION 15, T. 6 S., R. 7 E., S.B.M.; THENCE WESTERLY ALONG THE NORTH LINE OF SAID SOUTHEAST ONE -QUARTER OF SECTION 15, S. 89'53'27" W., 30.02 FEET TO THE TRUE POINT OF BEGINNING; THENCE S. 89'53'27" W. 25.01 FEET; THENCE S. 02'03'59" E. 64.19 FEET; THENCE N. 87*56'01 " E. 25.00 FEET; THENCE N. 02'03'59" W. 63.34 FEET TO THE TRUE POINT OF BEGINNING. LEGEND FINISHED SURFACE ............ FS PAD ELEVATION .............. PE FINISHED FLOOR ELEVATION ........FF PROPERTY LINE .............. PA TOP OF CURB .............. TC BUILDING SETBACK LINE.......... BSL RIGHT OF WAY ...............R/W TOP OF RETAINING WALL .........TRW TOP OF WALL ............... TW TOP OF FOOTING .............. TF NATURAL GRADE .............. NG FINISH GRADE ................ FG FLOW LINE .................. FL CATCH BASIN ................ CB BOTTOM OF BASIN ............. BOT BOTTOM OF BASIN ............. BOT INVERT OF PIPE .............. INV WATER METER . . . . . . . . . . . . . . . WM —❑ SEWER LATERAL . . . . . . . . . . . . . . SL PUBLIC UTILITY EASEMENT...... ------ EXISTING SEWER LINE ..... . EXISTING WATER LINE ..... . BLOCK WALL........... rz— --I EXISTING .......... ...... ( ) EXISTING FENCE LINE .......... X x x IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TENTATIVE TRACT AIAP 368117 BEING A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M. C ------ - TRACT BOUNDARY uo ---- & PROPOSED R/W - PROPOSED ^ T PROPOSEI Tl_�(OPEN i.BASIN DIP WAl SPACE) (O�iv SPACE) PROPOSED CATCH BASIN PROPOSED MAXWELL E LOT 1 466, 10,200 SF 3:1 PE 64.7 TYP PROPOSED BUILDING SETBACK LINES (TYP) PROPOSED BLOCK WALL EXISTING BLOCK WALL PROPOSED BLOCK RETAINING WALL SHEET 1: COVER SHEET & ENTRY DETAIL SHEET 2: TENTATIVE TRACT MAP & GRADING PLAN SHEET 3: EASEMENT DETAIL SHEET EXISTINGII' 3 11 CONCRET ; SIDEWAL ; I III "'- SCALE 1 "=20' ``' x 462.6 0 �.+' 1�1. ! \ O x0462.3 R/W VARIES 50'-65' R/W VARIES 9' 32' 9'-24' C L PUE/LANDSCAPEI 10' PUE 16' / 16' ,I I II PROPOSED AC PAVEMENT ' IL 2% —� _2% 7�, r2q _---- 2� MIN. II _-------- ---- --------- ---- illiill�li - II�Ilillllliillllilllllillll n------- Illllilllllill� PROPOSED 6" CURB & GI (UTTER =I I 1 LOT "A"- PRIVATE STREET NTS NOTE PARKING IS RESTRICTED TO ONE SIDE OF STREET. R/W R/W 108' PROPOSED A PAVEMENT 15' 78' 15' , 5' VAR. 39' C 1 39' IN. MATCH EXIST. AC —� _ 2% VARIES —� ---------- --� 1 _ --------------- ( I I I=III=n1=111-1 I I I i I I I i i l l f 151 PROPOSED 6" CURB & GUTTER PROPOSED PC CONCRETE SIDEWALK MONROE STREET NTS x461., !P/L & TRACT BOUNDARY I 4C�1�ff11]40 4G�aC�4 �t]LQp �� f4G3LaC�4 [1V1Lap �3�7�� LLAr�� g [D9 ng �-vB EXISTING CONCRETE BLOCK COMBINATION I RO-0� 9 230-0 RETAINING / GARDEN WALL I COLOR & FINISH PER ARCH'S SPEC'S ' (TW) AS NOTED F/L I I /p/Al PE AS NOTED EXISTING NATURAL GRADE (TRW) AS NOTED (PE) AS NOTED -III=III- (TF) AS NOTED ;III; TYPICAL SECTION SOUTH BOUNDARY LINE rP�.d NTS VICINITY MAP N.T.S. SITE 303 •rw.var� _ 468.53fS° N89'55'00"E __180_34' 0.5% Ii7.96Fs PROPOS D_6" HP EX. FENCE-, R=109.00' s 209*39'31" L=56.42' `^ -- - - 01'56'51" �- R=38.00' _ R=^75.00' LL=139.05' - - L=33.14' _ N89'55'00"E r f \ /A=29°39'31" 55.69' 1I 1 A=06'59'56" R 100.00' R=984.00' `' L=51.76' N89'55'00"E L= ,220.22' i 64.15' M �o N60'15'29"E N60'15'29"E T � 15.00 Z 50.00' 50.00' 89°55'00'E I� °=22°16'23" LOT 10 - 8 46 LOT 9 � l� � R=47.00' M o 18.27' A=95'24'56' 11800 SF 10200 SF �o R=47.00' N L=78.27' z 14000 SF CDPE=69.4 PE=68.9 � 0 PE=68.6CE LZ T =46.60 �9Q SPA OT=465.60 � I- � Io�PRIIPOSED-6' �CK7VALL J I � S 1 MAX466.47 7 I - TW 74.50 I TF 67.50 49.02' 118.62' 88.82' - ', �72 67 4 TW�� EXISTING 6' BLOCK WALL-O' 4 (TF 66.00) - I\LT�L74.90 TW 74.90 TW 74.90 TW 74.90TRW 69.57) TRW 69.57) TRV (TRW 69.57) I (TRW 69.57) I STF 66.23) TF 66.23) I �TF ( EXISTING -8" IRR. MbIN TF 66.90) I TF 66.86) I l LOT F 6 . LOOT 16 �� LOT 177 PE=(69. 5 PE=(69.73) PE=(89.63) I Lapp] 7707- o 60-01 � I ap�171C�71� o C�0�0� C� I Lap[ 71T077� s C�0�0� EASEMENT NOTES: A2 EASEMENT GRANTED TO PAISLEY CORPORATION FOR STREETS, ROADS OR HIGHWAYS, RECORDED NOVEMBER 15, 1966 AS DOC. NO. 110958 OFFICIAL RECORDS EASEMENT GRANTED TO DAVID L. ARMSTRONG FOR WATER PIPELINES, RECORDED SEPTEMBER 12, 1957 IN BOOK 2146, PAGE 505 OFFICIAL RECORDS (NOTE: THE EXACT LOCATION AND EXTENT OF 5 SAID EASEMENT IS NOT DISCLOSED OF RECORD) AN IRREVOCABLE OFFER TO DEDICATE AN EASEMENT OVER A PORTION OF SAID LAND FOR IN x 5 FAVOR OF THE COUNTY OF RIVERSIDE FOR PUBLIC ROAD PURPOSES, INCLUDING PUBLIC UTILITY I AND PUBLIC SERVICE USES, RECORDED NOVEMBER 06, 1972 AS DOC. NO. 147986, OFFICIAL RECORDS EASEMENT GRANTED TO PAISLEY CORPORATION FOR INGRESS, EGRESS AND ROAD PURPOSES I RECORDED NOVEMBER 23, 1972 AS DOC. NO. 157027, OFFICIAL RECORDS. * EASEMENT RESERVED BY DAN P. WHITENER AND ALMA P. WHITENER, HUSBAND AND WIFE AND ELMER DOUGLAS WHITENER AND SHIRLEY A. WHITENER, HUSBAND AND WIFE FOR AN IRRIGATION PIPE LINE THAT MAY EXIST FOR BRINGING WATER FROM THE COACHELLA VALLEY WATER DISTRICT, RECORDED AUGUST 30, 1974 AS DOC. NO. 112254, OFFICIAL RECORDS. (THE EXACT LOCATION I** AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD) L _ x 466.6 I I x 468.3 IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TENTATIVE TRACT MAP 368117 BEING A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M. r OBS. I �I 4",4 .39FL k- x Q I �' x 4 �, 4 I ' 1111 1 I II / \ r-1 Il NJ _J ,, OBS, A ' x4 / OBS, ING CONC. BLOCK / --__-WALL TO REMAIN ' x 467 x ' 46 I� I x 466.6 ' x 6`7\11\ x 7. I \ i EXISTING CONC. BLOCK WALL TO REMAIN OBE. OPEN SPACE I i A=141 0=1 ; 5'13 \ `` 30,447 SF WITHIN PRIVATE R/W \ 4=14'10'34" R=950.00' R= '000.00' I R=966.00' L=235.05' L=245.86' o BASIS OF BEARING L=239.01' IIIrII O N89'55 00 E 1318.07 / 5 6 4 R EA5EMENT (N89'55'00"E 13118.O�lam, " N89°55 00"E 1219. 1 s �R 8 - L7. I JF_ �'-. war A _. _� •- -i- �-- I� x 467.7 P, OBS, z JrO S. �(4698TC 464. L 77CDff 4 0 0-00 0 F_/t 77- .I III ID 1 64.91TC I ; I; i i I 64.24FL .,�>x,4.66.3 I I , 111 1 466( 11 I I` \ ` �\ Q� p 64.76TC x �I 1\ i 1` N `' I\ I I i; 64.03FL IG' CONC. BLOCK 1 i I / °° E'F WALL TO REMAIN n I EXISTING CONC. BL02r WALL TO _ Er x 4 j' il;ii I 4 3.9 C 4 4.65TC 11 O \II I v x 46 OPOSED 4.02FL 1 `J w I47BS,I 0 1 1 I" DA RAMP i I Q.59TC c, c"' 1 I I I <\D ; i i lol I I 46 I I I "D I ,\\A i' ' O 46 .83FI 1 1\ �> A=91'47'07" 405'13" 0 01'35 n\\06'48'25"-(=35.00' I=01'41'16" I, 1 0.00' 1 R=IQ) 6.00' � h=06-59'56" 1,=56.07' I R=34. L-245.86' 6' L�dCK WALL AT C BOUNDS _A=14'05'13" ``` '______________ L=118.80' L=120.70' R=984.00',_,`�64.19 02'03'3p"YV r i 46 . 31i, =1.0 I "Y R=984.00' TW 70.50 L=120.20' (NO703'59"W)D2 L=241.93' ------------- -- - Olds, TF 65.00 frA.19')D2 -.. --- - uie --P��,�T€R- fN ° 464„�.347, 4 -- - I� PR OSED 6" CURB & UTTER _1--' (t 23'240'41" / -� �-- PROPOSED SEW R MAIN --� : _ - o, - - PROPOS D SEWER MAI A=14'10'34 / ' \ - V SEWER LAT. (TYP.) - \� �1 5 A�ggqq EXISTING 18" IRR. MAIN _R=231.010' I I I 1 1 -- - __ WAATER SE - �05'26'45" N>aN R=1025.00' I I- A=02°11'30" I ; I & METER �TYP.Ef=14'05'13" D� =1025.00' F-m LL45.3� R=1016.00' cc L=97.42'� °=06° 17' 18" cp I I, O L-249.80' m =05'03'05' w °=03°04'20 R=925.00' i O _ _ �R= 05°3351 �- I- R=925.00' R=925.00' L=35.38' � ; a A=35'54'50" R=975.00 A=14'05'13" °=05°39'23" I °-05'40'02" -I r� LOT 5 L=101.52' I I o A=02°37'26" °=02'58'26' R=16.00' bo L=85.96' M 10p o N L=49.60' ; R=1025.00' , rn 1016.00' R=1025.00' NI ci co L=99.54' x �F� "�I 10200 SF � I I pT; _ R=925.00' R=1025.00' L=5.15' _ o o PE=66.9 1 LOT 4 I 1 00 I L=42.36' L=53.20' < 466, L=101.38' 5'TYP. PROPOSED STORM DRAIN A=00'20'04" o o �L=249.79' L=101.19' o� WW i R L o5.980 LOT 6 Z 0 N 11600 S �� I I N s; o LOT 3 0 PROPOSED MAX WELL SOT 8 LOT 7 �� g6 I I N� T. 0 6 10200 SF oN o 10200 SF RD 4 PE=66.4`--'--� o I I`t I Cn 10200 SF N LOT 1 n 10200 SF PE=67.4 1 - o d� o_ II o 10200 SF �n TF 623.00 CD _ o of Z I I I� Z PE=65.7 I of P 65.2 I o� 10200 SF PE=68.4 pE 00 S o 111 V MAX TYP N I- Z z n�1� D� 1�15� I of PROPOSED 6' BLOCK WALL--r I Io�l rl PROPOSED 6' BLOCK WALL C. � I ZI PE=64.7 m -J "'T� L- `� 1 ` h1 ° 1 `I- !� Z� I I �I Iin oI I 7 - Z� -- ~ m PROPOSED 6' BLOCK WALL -- 91.61' 99.27' 101. ' 94.42' 101.46' \ 95.08'� 32' 98.74' r�lti r N89'55'00"E 1273.0 N89'55'00'E 1273.06') R1 1243.04 - - - - - - - - - 3.57 TW 73.57 TW 73.57 TW 73.57 TW 72.90 TW 72.90 TW 72.90 TW 72.23 x 4 TW 72.23 TW 71.57 TW 71.57 TW 71. 68.23) TRW 68.23) I TRW 68.23) I TRW 68.23 I TRW 66.90) TRW 66.90) I TF 65.57 (TF 64.90) ; (TF 64.90) I (TF 64.23) (TF 64.23) ; (TF 64., 6.23) 9TF 66.23) I �TF 66.23) I �TF 66.23) �TF 65.57) �TFF 65.57j LOOT 22 LOT 2�3 LOOT 2,4 x 4675 I (TF 65.57) rW L00 7 30L07 31 LOT 30 4 9 LOT 377 PE=(66.43) PE=(66.33) PE=(67.83) PE=(67.93) PE=(67.93) �O� 2�o PE=(65.53) PE=(65.73) UPH 77677- o 60-022 AFN 7767- o 60=023 Lapp] 77077- o 60-02,4 PE=(88.33) AM 7 671- o 30-0300 Lapp] 71077- o 60-031 Lap[ 770�� o C�0�0�3C� I Apm 776 77- o 60-0377 EXISTING CONC. BLOCK COMBINATION GARDEN & RETAINING WALL TO RE AIN I I NOTE . O ° o� TO ALL ELEVATIONS ON �, 0 0� ADDED D o�T,23' RING IT ROM TRACT 742 TO- _-BRING 467.8 O � � x 4 s,9 NAV 29 TO AV O � x 465,3 /_ � x 463.5 V SCALE 1"_ o AREA TABU ATIO Know what's la@IOW_ Call before you dig. N x 465,3 TOTAL AREA=203,385 .67AC) � x4t LANDSCAPE (MONROE ST. T B)=2,946 TOTAL PRIATE STREET R/ (LOT )=/7p843 SF TOTAL PUB IC R/W DEDICA N (LOT -211429 SF J TOTAL OPE4 SPACES AREA TS A) BC, D, & E=50,825( SF, 25.0% (LOT "A -D N SPACE PORTI S INCL ES ONLY THE OPEN SPACE BETWEEN THE BACK OF CUR & R/W AND THE ENTRY ISLANDS) v4�TOTAL RESIDENTIAL LUT< AREAS=104,78 SF, 1 rl�II 1 I I II t 1\149°28 4"W 41.5'��/! N43*4?'0 '"Wo �31 1) N8T56' 'E MI ih 2N875601'� of �25.00P')D2 zl I z PRO OSED \yam I3 67 SF 3 5' CONC A=78'22'54° ISIDEWALK .A LOT C.4 R=36.50' ' ) OS ° ;M 464.2931 FS) 3' RETENTION BASI M o OPEN SPACE N LWS100=462. BOT=458.00 �� z 30' e0---7fi1 s 39 62---•-- 63 � I I 3:1 MAX PIP FG 65.0 L N89'55'00"E I m 30.65' TrW 71 57 R/W D DICATI N xl JI I (TF 64.23) 2,1429 SF I _1 01 LOT 30 m I I ; I A PE=(65.73) x 0 I -°I Lapp] 77071� o C�0�03 I rnI '�-I rn 63.94, En .50I EXISTING CONC. BLOCK WALL TO REMAIN D I o DI z z o I4 I I I I C/L, SECTION LINE & CITY LIMIT 20 55' I I I II N I ' 6 5 x 9 I � � f 16 9 I 4� i PREPARED UNDER THE SUPERVISION OF: SEAL IN THE CITY OF LA QUINTA, CALIFORNIA Q�OFESS/p4, ssi \PR sygyq� 77.540 SPRINGFIELD LANE, SUITE "C" ESFANDIAR SHAHANDEH DATE: - PALM DESERT, CA 9221 1 TENTATIVE TRACT MAP 36817 RCE N0. 47834 cj v, No. 47834 = m NGINEERING (760)77284000FFICE BEING A PORTION OF THE NORTHEAST QUARTER APPROVED BY: � �E (760) 772-8421 FAX OF THE SOUTHEAST QUARTER OF SECTION 15, `ST9�F CIV\V ��Q CIVIL AND STRUCTURAL ENGINEERING - PLANNING - SURVEYING TOWNSHIP 6 SOUTH RANGE 7 EAST S.B.M. DATE: OF CA\ \ DWG No. TPM174002 SHEET 2 OF 3 304 rn Alm m 7Cs7- T— be LO 0 �i 1 M C 1 CV Z LOT 10 LOT E 11800 SF 4000 SF II TRACT BOUNDARY SCALE 1d=40' 0 20 40 80 120 L07 7 Lapp] 7C�7�4� o Oo �Oo Oo 7 PROPOSED 16' ACCESS EASEMENT IN FAVOR OF ADJACENT PROPERTY OWNER APN 767-580-013. EASEMENT IS FOR A DRIVEWAY 8.50' PUE — — PROPOSED ACCESS EASEMENT IN FAVOR OF ADJACENT PROPERTY OWNER APN 767-580-013. EASEMENT IS BLANKET IN NATURE OVER LOT "A" PAVED AREA LOOT 6 LapH 767=40 00 =00 00 6 L07 15 1 LOT 16 Lapp] Lapp] I I I I TRACT BOUNDARY IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TENTATIVE TRACT MAP 36817 BEING A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M. CD 7RACY Roc 267,69 M[R 23514041 L�OO LOT A LOT 3L07 2 L07 1 L07 Lap[ 7674 0 0=00�3 APH 77677-4 o Oo - Oo 2 Lapp] 77677-4 0 0- 00001 �, p�1 7C�7=40 0=005 0�1 7C�7�� 0 0�004� OPEN SPACE r 30,447 SF WITHIN PRIVATE R/W N89'55'00"E 1318.07' 40' ROAD EASEMENT (N89'55'00"E 1318.07')R1 1218.01' rn � - -� 0 PRIVATE ST LOT A (OPEN SPACE) - — -- - - - - - - - - — - - - - - - - — �---- -- - - - w d LO PROPOSED R/W lv � � N87r*56'22" o QJ � 25.00' LOT 5 —% N8T56'01")D LOT D 10200 SF LOT 4 �� LOT C �25.00D2B 4000 SF L3067 SF LOT 8 LOT 7 LOT 6 1 � 2' A g g 11600 SF OPEN SPACE LOT 3 LOT 2 9311 SF LOT 9 10200 SF 10200 SF 10200 SF D 1 o I 10200 SF 10200 SF LOT 1 RETENTION BASIN (OS) I 10200 SF �OR�E 4gg,65 10200 SF OPEN SPACE � 2 ANC 2R ME 24' AS 1� TRACT' BOUNDARY I LOOT 17 Lapp] 767- o 60-017 LOT 22 Lapp] 767= o 60-022 EXSITING EASEMENT NOTES: ZLEASEMENT GRANTED TO PAISLEY CORPORATION FOR STREETS, ROADS OR HIGHWAYS, RECORDED NOVEMBER 15, 1966 AS DOC. NO. 110958 OFFICIAL RECORDS EASEMENT GRANTED TO DAVID L. ARMSTRONG FOR WATER PIPELINES, RECORDED SEPTEMBER 12, 1957 IN BOOK 2146, PAGE 505 OFFICIAL RECORDS (NOTE: THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD) AN IRREVOCABLE OFFER TO DEDICATE AN EASEMENT OVER A PORTION OF SAID LAND FOR IN A FAVOR OF THE COUNTY OF RIVERSIDE FOR PUBLIC ROAD PURPOSES, INCLUDING PUBLIC UTILITY AND PUBLIC SERVICE USES, RECORDED NOVEMBER 06, 1972 AS DOC. NO. 147986, OFFICIAL RECORDS A EASEMENT GRANTED TO PAISLEY CORPORATION FOR INGRESS, EGRESS AND ROAD PURPOSES RECORDED NOVEMBER 23, 1972 AS DOC. NO. 157027, OFFICIAL RECORDS. EASEMENT RESERVED BY DAN P. WHITENER AND ALMA P. WHITENER, HUSBAND AND WIFE AND ELMER DOUGLAS WHITENER AND SHIRLEY A. WHITENER, HUSBAND AND WIFE FOR AN IRRIGATION PIPE LINE THAT MAY EXIST FOR BRINGING WATER FROM THE COACHELLA VALLEY WATER DISTRICT, RECORDED AUGUST 30, 1974 AS DOC. NO. 112254, OFFICIAL RECORDS. (THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD) N891�5'00"E 1273.06' (N89'55'00"E 1273.06')R1 LOT F - R/W DEDICATION 2,429 SF L07 23 1 L07 24 1 L07 20 1 L07 30 I L07 31 1 L07 30 1 LOT 37 1 L07 36 Lap�1 767- o 60=02 3 LapH 767- o 60-02C Lapp] 767= oCEO-029 APH 767- o 60-030 Lapel 767- a (50-031 APH 767= o 60-036 Lapp] 767- o 60-037 APH 767- o 60-03 0 I I AMENDED I I I I I I I TNIA�7 NO, 32742 1 I I I I LED) O �D00� PREPARED UNDER THE SUPERVISION OF: ESFANDIAR SHAHANDEH RCE NO. 47834 APPROVED BY: DATE: SEAL ,O OFESS/ON AR cl") o W No. 47834 = m S'T CIV\� �TF OF CNO E ssl ENGINEERING IN THE CITY OF LA QUINTA, CALIFORNIA 77 540 SPRINGFILANE, SUITE "C" PALMM DESERT, CA 9221 1 TENTATIVE TRACT MAP 36817 D (760)772-8400OFFICE BEING A PORTION OF THE NORTHEAST QUARTER (760) 772-8421 FAX CIVIL AND STRUCTURAL ENGINEERING - PLANNING - SURVEYING z 0 N 0 w 0 1 30' U)x D �o ro cm rm z;u -� m 0 0 wo 00 h z N NL O ow Z W00 (ALn � o rn �co o o-3 OF THE SOUTHEAST QUARTER OF SECTION 15, DWG No. TPM174003 TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M. I SHEET 3 OF 3 DATE: 305 306 ATTACHMENT 5 ORDINANCE NO. 440 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 9.30.030 AND ADDING CHAPTER 9.50.100, OF TITLE 9, "PLANNING," PERTAINING TO DEVELOPMENT STANDARDS IN THE SOUTHEAST POLICY AREA ZONING TEXT AMENDMENT 2006-086 WHEREAS, vacant lots of 10 acres or less in the southeastern portion of the City (south of Avenue 52) proposed for subdivision present specific development challenges; and WHERES, the southeastern portion of the City abuts more rural, less dense development in the unincorporated portion of the County of Riverside; and WHEREAS, the City wishes to encourage well designed, low density residential subdivisions on lots of 10 acres or less, which are compatible with surrounding development; and WHEREAS, Section 9.30.030 enables the City to establish alternate development standards to address issues specific to a particular land use category in a particular area of the City; and WHEREAS, additional standards are required to ensure high quality development on lots of 10 acres or less which will be subdivided in the future; and WHEREAS, the Planning Commission considered the staff report and all information, evidence and testimony provided at the April 24 and May 8 meetings on the proposed text amendments, ultimately moving to unanimously recommend City Council approval; and WHEREAS, the City Council has given careful consideration to the staff report and all of the information, evidence and testimony presented at a public hearing on the proposed Ordinance held on June 19, 2007; and WHEREAS, an Initial Study was prepared to consider the zoning text amendments relating to development standards for lands south of Avenue 52, and the City determined that the proposed text amendments would not have a significant environmental impact as described in the California Environmental Quality Act, and a Negative Declaration was prepared. 307 Ordinance No. 440 Zoning Text Amendment 2006.086 Adopted: July 3, 2007 Page 2 THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9.30.030 of the La Quinta Municipal Code is amended to read as follows: 9.30.030 RL low density residential district. A. Purpose. To provide for the development and preservation of low density neighborhoods (two to four units per acre) with one- and two-story single-family detached dwellings on large or medium size lots and/or, subject to a specific plan, projects with clustered smaller dwellings, such as one- and two-story single-family attached, townhome or condominium dwellings, with generous open space. B. Permitted Uses. Chapter 9.40 lists permitted land uses. C. Development Standards. Minimum lot size 7200 sq. ft.' Minimum lot frontage 60 ft. Maximum structure height 28 ft. Maximum number of stories 2 Minimum front yard setback (non -garage portions of dwelling) 20 ft.z Minimum garage setback 25 ft.3 Minimum interior/exterior side yard setbacks 5110 ft.4 Minimum rear yard setback 10 ft. for existing recorded lots and 20 ft. for'new lots Maximum lot coverage 50% Minimum livable floor area excluding garage 1400 sq. ft. Minimum landscape setbacks adjacent to perimeter streets 10` minimum at any point, 20' minimum average over entire rontage ' A minimum lot size of 20,000 sq within subdivisions of 10 acres or less 9.50.100. ft. shall be required of new lots created in size as further described in Section 2 Projects with five or more adjacent dwelling units facing the same street shall incorporate front setbacks varying between 20 feet and 25 feet plus in order to avoid streetscape monotony. 308 Ordinance No. 440 Zoning Text Amendment 2006-086 Adopted: July 3, 2007 Page 3 3 Twenty feet if "roll -up" type garage door is used. 4 For interior setbacks, if the building is over 17 feet in height, the setback is five feet plus one foot for every foot over 17 feet in height or fraction thereof, to a maximum setback of ten feet. The additional setback may be provided entirely at grade level or a combination of at grade and airspace above the 17-foot building. SECTION 2. Section 9.50.100 is added to the Municipal Code, as follows: 9.50.100 RL district property subdivision development standards, 10 acres or less, located south of Avenue 52. A. Applicability. The following development standards shall apply to all subdivisions less than 10 acres in size located in the RL district, south of Avenue 52, and west of Monroe. B. Development Standards. 1. A minimum lot size of 20,000 square feet shall be required, unless: a. The proposed subdivision establishes a minimum of 25 % common area open space (exclusive of individual residential lots). Said open space shall include amenities and features such as passive open space, trails, play areas or equipment, picnic facilities, recreational amenities, clubhouse facilities and/or active use parks. Retention basins may be considered as part of the 25% open space requirement provided they are designed as an integral part of the project, fully landscaped, and accessible for passive and active use b. The minimum lot size within the proposed subdivision is equal to or greater than the minimum lot size of the residential lots within the abutting subdivided properties created prior to August 2, 2007. c. Driveway access should be consolidated with other neighboring properties. 2. Under no circumstances shall lots be less than 10,000 square feet in size. 3. A landscaped parkway of 30 feet in depth shall be required on all public streets. 4. All other development standards of the RL District, including but not limited to setbacks, building height and parking requirements, shall apply. C. Official Zoning Map. The City's Official Zoning Map shall identify as an overlay all properties potentially affected by these provisions. 309 Ordinance No. 440 Zoning Text Amendment 2006-086 Adopted: July 3, 2007 Page 4 SECTION 3. ENVIRONMENTAL. The Community Development Department has determined that the Amendments to the Municipal Code will not have a significant impact on the environment, and a Negative Declaration is adopted. SECTION 4. SEVERABILITY. The provisions of this Ordinance shall be severable, and if any clause, sentence, paragraph, subdivision, section, or part of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. SECTION 5. shall be construed hereby found and welfare. LEGAL CONSTRUCTION. The provisions of this as necessary to declared to be in effectively carry out its purposes, furtherance of the public health, Ordinance which are safety and SECTION 6. All Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby superseded by this Ordinance to the extent they are inconsistent with this Ordinance. SECTION 7. EFFECTIVE DATE. This Ordinance shall take full force and effect and be in force 30 days after passage. SECTION 8. PUBLICATION. The City Clerk is directed to publish this Ordinance in the manner and in the time required by law. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of July, 2007, by the following vote: AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None DON ADOLP , Mayo City of La Quinta, California 310 Ordinance No. 440 Zoning Text Amendment 2006-086 Adopted: July 3, 2007 Page 5 ATTEST: City of (SEAL) California APPROVED AS TO FORM: M. KATWERINE JElYJPN, City Attorney City of La Quinta, California 311 Ordinance No. 440 Zoning Text Amendment 2006-086 Adopted: July 3, 2007 Page 6 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE} ss. CITY OF LA QUINTA } I, VERONICA J. MONTECINO, 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. 440 which was introduced at a regular meeting on the ;19t" day of June, 2007, and was adopted at a regular meeting held on the 3`d day of July, 2007, 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 Quinta as specified in City Council Resolution 2006-102. 11 VERONICA J. ONTECINO, CMC, City Clerk City of La Quinta, California DECLARATION OF POSTING I, VERONICA J. MONTECINO, City Clerk of the City of La hereby c rtify that the foregoing ordinance was posted u pursa to Council sol ion VERONICA J. ONTECINO, CMC, City Clerk City of La Quinta, California Quinta, California, do on July 13t", 2007, 312 ATTACHMENT 6 City of La Quinta- Planning Commission 78-495 Calle Tampico La Quinta, CA 92253 RE: Draft Conditions of Approval and Planning Commission Hearing for TTM #36817 Dear Commissioner, I would like to thank the Staff and City Attorney for their efforts in reaching some common ground between the Applicant and myself. Even though we never had any formal or informal attempt by the Applicant to discuss their proposed plan, we do appreciate the City staff for making attempts for the Applicant to contact us. I believe the Estates of La Quinta would agree when I say that the Applicant has given little effort to discuss their proposed plan with the surrounding neighbors and their concerns- very inconsistent with most reputable developers, which raises great concern for the projects ability to make it to the finish line (a fully improved development). With that said, we have our own concerns with the project, which I would like to briefly describe below. I plan to discuss these at the planning commission hearing and appreciate any questions or comments regarding our concerns then: 1. Lot Size- Not consistent or close in comparison to Estates of La Quinta or our ranch property. We requested lot sizes that at minimum match the lot sizes of Monterra that these lots face (14,000sf lots). 2. Open Space Requirement- We feel the "Open Space" being accounted for on the plan is not an accurate percentage needed and that the areas being called "Open Space" are truly not Open Space as was intended by the legal description for such a requirement. 3. We requested the lots be spaced with an ©pen Space between clusters of the proposed lots. There was only one space provided. 4. A proposed housing product that will be built has never been provided. The Applicant says "Custom Lots", but we all know that custom lots are not sold on 10,040sf or less lots. This is a classic entitle and flip project, which based on the unique circumstances, would create irreparable damage to the adjacent property owners and leave yet another project vacant and not completed for years to come that was approved by the City. We firmly request that a full understanding of the real product be proposed for review and approval. They should go through the process of design review. We feel this needs to be provided before any submission, review, and approval of improvement plans is granted. 5. The land in the area was originally intended to be larger lots, clearly defined by our ranch and the Estates of La Quinta. We built and created our residence, which, has been established now for 10 years. Monterra made 313 sense to annex into PGA West, but this property was left out of that Map. A squeezed in random cluster of 11 tract homes in between Monterra and Estates of La Quinta will be a financial burden for all homeowners in the area. 6. If the applicant were able to move forward with the proposed map, we request that a very solid schedule and duration for the improvements be required and all improvements be completed concurrently in the time frame that is reasonable. The best option is to not allow any alteration of the property to take place until a Final Map is approved and the Subdivision Improvement Agreement, along with the Improvement Bond for the entire property is recorded. This alleviates the concern we have for living with a half complete project for several years should the Applicant become unstable and not properly funded to complete the project in its entirety. We request this based on the special circumstance that we only have one access to our property with an excessively long access easement. 7. Fire/Safety Concerns- Who will monitor and check the temporary road when it is constructed to ensure that we are able to get any needed public support in case of an emergency? We feel this is also why item #b above is so important. If the Applicant is unable to complete the work, we are forced to lean on the City to file a claim with the bonding company, prior to getting the road complete. We would prefer for that Bond to incorporate ALL improvements so the neighbors in Monterra, as well as Estates of La Quinta can have a completed project, within the 1-year, which is the allotted time frame based on the Subdivision Improvement Agreement as described by the Engineering and Planning Department. 8. Parking- the proposed Map has a private street that we were told, would not allow for any street parking. I would like clarification on this. I am sure other items will come up at the hearing and I am looking forward to reviewing our concerns with you and hope to reach common ground so the Applicant has the ability to quickly and properly provide a new plan for the property that works for the immediate surround community. Thank you again for taking the time to read this letter. Sincerely, Roy Ziegler 55075 Monroe Street La Quinta, CA 92253 949-636-3492 royaziegler@gmail.com 314 ATTACH M ENT 7 Jay Wuu From: Gabriel Perez Sent: Tuesday, June 21, 2016 11:32 AM To: Jay Wuu Cc: Wanda Wise -Latta Subject: FW: COMPLAINTS -OPPOSED: Estates at La Qunita HERNANDEZ Jay for your project records. See below. I talked to the gentlemen on the phone at length. Gabriel Perez I Planning Manager City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Ph. 760-777-7062 Website I Maa aperez@la-quinta.org O� 61 Q-0 From: Teresa Thompson Sent: Tuesday, June 21, 2016 11:30 AM To: Gabriel Perez Cc: Tim Jonasson; Wanda Wise -Latta Subject: COMPLAINTS -OPPOSED: Estates at La Qunita HERNANDEZ Hi Gabe, This is the email I just received from Mr. Hernandez. Not sure if you need to log for this project's comments. Teresa Thompson I Deputy City Clerk City of La Quinta 78495 Calle Tampico o La Quinta, CA 92253 760.777.7030 tthompson@la-quinta.org website: www.La-Quinta.org From: Dr Hernandez[mailto:drhOhernandezdental.com] Sent: Tuesday, June 21, 2016 11:25 AM To: Teresa Thompson Subject: regarding project south of the Estates at La Qunita A project is proposed just behind my home. I live on Mountain View Lane. If this project is allowed my Mountain View will be obliterated. I bought and have lived in La Quinta since 1992. 1 moved into my home in 1997, 1 have witnessed many bad decisions around my home with developers. For example, the Montera project, very large trees at the west end of the land, harbored many hawk nests and wildlife, AND SHADE. You allowed the developers to take down these trees and grade the property. Just NOW, we see the project putting up homes. Some 10 years later. In the meanwhile we endured the dust, and wildlife was decimated. Example 2, Griffin Ranch. You allowed grading and project planning behind our north and west walls. The developers went bankrupt and took the money that they were loaned for this project and funneled it into a project in Washington, while we were left with nothing. And the grandfathered approval still is trying to get something done at the corner of 54 and Monroe, but we will never get our sewer connection. And so 315 now, when the wind hits, we get sandblasted. We were duped into approving that project. We were promised Sewer connection with that project. There have been lawsuits and still no answer, just more approval for projects that won't manifest until years later. I implore the Council and Planning Commission to be more discerning in our town. Just because it meets code, its ok? That's like bad fashion decisions, just because it fits doesn't mean you should wear it. Another example of bad decision, the traffic circle at 52 and Jefferson and 50 and Eisenhower, there is so much signage there around these entities, that Stevie Wonder could drive through it. It looks awful , particularly with the GREAT Roadrunner there. The signage takes away the beauty of it. The project does several thing to my property. 1) Blocks the mountain view, I live on Mountain View Lane. 2) opens up a security issue for a public street behind my home, it is NOW secure and privately closed . 3) the existing landscape will be decimated with removal of very expensive trees that outline my back yard. 3) the sightlines are beyond acceptable, it will place a building that will have visible viewing access to my backyard and home, my privacy will be opened up to this type of home, particularly if it is two story. They design it for their views and it will decimate mine. 4) it doesn't fit the surrounding homes. We have 1, 1/4 acre lots and open space, Montera has bigger homes, and they cram 3 homes per acre in this long strip of land, and it will be an odd condensed situation for our area. This blockage and style will devalue OUR home because of what is behind it. 5) with all the open and empty lot projects in our town, we have project proposals that lay dormant for years on end. This will be another one like that. Griffin Ranch still has 75% undeveloped area. And the land to the North, 100%, Montera 70% undeveloped. And Real Estate is not exactly making any comeback. Why allow another dead project to just have flat dust areas that will be a security risk to our homes be allowed to happen again. There must be another solution. This is NOT the solution. I am vehemently opposed that this project be rejected. There is a federal water line underneath this road. It will be an enormous cost to move it. With a lot of red tape. My home is in jeopardy with this project. I ask that the mayor or any Council member come to my backyard and view firsthand the situation before any meeting take place. Thank you , Dr Frank Hernandez 81-875 Mountain View Lane La Quinta, Ca 92253 z 316 City of La Quinta CITY COUNCIL MEETING: July 19, 2016 STAFF REPORT AGENDA TITLE- INTRODUCE ORDINANCE EXTENDING TIME LIMITS FOR AMENDMENTS TO SECTION 9.150.060 OF THE LA QUINTA MUNICIPAL CODE (SPACES REQUIRED BY USE) TO ALLOW FOR A REDUCED NUMBER OF REQUIRED PARKING SPACES FOR PROPERTIES WITHIN THE VILLAGE COMMERCIAL ZONING DISTRICT, AND CONFIRM A DETERMINATION OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT SECTION 15061 (B)(3) REVIEW OF EXEMPTIONS - GENERAL RULE RECOMMENDATION • Move to take up Ordinance No. by title and number only and waive further reading. • Move to introduce at first reading Ordinance No., adopting Zoning Ordinance Amendment 2016-0003. • Confirm a determination of exemption pursuant to the California Environmental Quality Act Section 15061 (B)(3) Review of Exemptions - General Rule. EXECUTIVE SUMMARY • The City Council adopted interim parking standards on August 4, 2015, while new parking standards are being developed. The interim parking standards expire on September 4, 2016. • Staff recommends a one-year time extension to avoid a lapse in the interim parking standards before the new Village parking standards are completed and adopted. • Recently some Village businesses have requested further parking reductions and waiver of the parking in -lieu fee in order to expand or locate their enterprises in the Village. FISCAL IMPACT - None BACKGROUND/ANALYSIS At the August 5, 2015 meeting, Council adopted Zoning Ordinance Amendment 2015-0001 approving interim parking standards for the La Quinta Village (Attachment 1). The interim standards are: • 50 percent reduction in required off-street parking for all new development and expanding existing businesses. No additional parking required for change of use. 317 • Interim period until September 4, 2016, with option to extend for one year. Exhibit A of the proposed Ordinance identifies the interim amendments approved in 2015. Staff requests an extension of the interim parking standards so they do not lapse prior to consideration of new Village parking standards and the Village Build -Out Plan Environmental Impact Report (EIR). The EIR and new parking standards will be presented to Council in October 2016. Pending Development Proposals. The interim parking standards were adopted to stimulate new development and business expansion. Since adoption, staff has received a development proposal from the Old Town Artisan Studio, and proposals to expand the Crab Pot and Casa Mendoza restaurants. All three have requested further parking reductions and a waiver of the parking in -lieu fee. Their rationale is three -fold: • There is sufficient on -street parking in the immediate vicinity with available spaces during peak demand hours, • Securing off-street parking spaces for perpetuity on adjoining properties is virtually impossible, and • Paying the in -lieu fee that the City offers as an option to providing on -site parking diverts working capital from improvements to establish/expand their businesses. The particulars for each are as follows (based upon the current 50% parking reduction standards): • Old Town Artisans - the facility size dictates the need for 40 on -site spaces, which would significantly reduce the outdoor space devoted to art preparation and display, and event space. Staff could count 37 adjacent on -street parking spaces as part of the 40-space requirement. However, they would still be short three spaces (that cannot be accommodated on -site) and per Code these spaces must be secured either through a shared parking agreement or pay an in -lieu fee of $31,800. • Crab Pot Restaurant - has applied for a Village Use Permit to add in -door seating space to west side of the existing building, which requires 5 additional spaces. Staff could count three spaces of adjoining on street parking towards this requirement but per Code they must still secure two additional spaces through a shared parking agreement or pay an in -lieu fee of $21,200. • Casa Mendoza - wishes to convert outdoor space to the rear of their building that is used for on -site parking to additional outdoor seating space. To do so they must provide 9 additional parking spaces. Staff could count four adjacent on street parking spaces towards this requirement but per Code they would need to secure the remaining 5 spaces via a shared use parking agreement or pay an in -lieu fee of $53,000. All three entities have petitioned staff to waive the parking requirements. While staff has endeavored to find "creative" options, these options have not generated solutions that 318 eliminate the need for either shared parking agreements or payment of in -lieu fees. The current Code (featuring the 50% reduction) does not provide the latitude to do more. So staff is raising these instances to seek policy guidance - is it important to secure parking or in -lieu parking fees to ensure sufficient parking when the Village is built -out or reduce development fees and requirements to accommodate economic development? AGENCY AND PUBLIC REVIEW Public Notice Comments were not requested from any public agencies or other City Departments given the limited scope of the amendment. This project was advertised in The Desert Sun newspaper on July 8, 2016. To date, no comments have been received. Any written comments received subsequent to this report will be provided at the City Council hearing. ENVIRONMENTAL REVIEW The Design and Development Department has determined that the proposed zone text amendment is exempt from environmental review under the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3), Review for Exemptions - General Rule, in that it can be seen with certainty that there is no possibility for this action to have a significant effect on the environment, and individual development plans will be reviewed under CEQA as they are proposed. ALTERNATIVES Council may not extend the interim Village parking standards or direct staff to make additional/different Code amendments. Prepared by: Gabriel Perez, Planning Manager Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer Attachment: 1. Village Boundary Map 319 320 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING ZONING ORDINANCE AMENDMENT 2016-0003, EXTENDING THE TIME LIMITS FOR AMENDMENTS TO SECTION 9.150.060 (SPACES REQUIRED BY USE) TO ALLOW FOR A REDUCED NUMBER OF REQUIRED PARKING SPACES FOR PROPERTIES WITHIN THE VILLAGE COMMERCIAL ZONING DISTRICT CASE NUMBER: ZONING ORDINANCE AMENDMENT 2016-0003 APPLICANT: CITY OF LA QUINTA WHEREAS, the City Council of the City of La Quinta, California did, on the 19th day of July 2016, hold a duly noticed public hearing for review of a City -initiated request of a Zoning Ordinance Amendment extend the time limits Title 9 (Zoning) of the La Quinta Municipal Code; and WHEREAS, the City Council of the City of La Quinta, California did, on the 4th day of August 2015, hold a duly noticed public hearing for review of a City -initiated request of a Zoning Ordinance Amendment to modify Title 9 (Zoning) of the La Quinta Municipal Code; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 23rd day of June 2015, which was continued to the 14th day of July 2015, hold a duly noticed Public Hearing for review of a Zoning Ordinance Amendment to amend Chapter 9.150.060 of the La Quinta Municipal Code, as identified by Title of this Resolution; and WHEREAS, the Design and Development Department published a public hearing notice for this request in The Desert Sun newspaper on July 8, 2016, as prescribed by the Municipal Code; and, WHEREAS, the proposed amendments are intended to serve as an interim allowance, effective September 4, 2016 and expiring September 4, 2017, as prescribed in Section 4 below. During this interim period, the Design and Development Department will comprehensively address new parking standards for the Village, as well as update existing alternatives such as the parking fee in -lieu program, consideration of alternative methods and parking reductions specific to the Village; and, WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, the City Council 321 Ordinance No. Zoning Ordinance Amendment 2016-0003 Adopted: July 19, 2016 did make the following mandatory findings to justify adoption of said Zoning Ordinance Amendment: 1. Consistency with General Plan The code amendment is consistent with the goals, objectives and policies of the General Plan. The proposed amendments are supported by Policy LU-6.2, relating to the maintenance of development standards in the Zoning Ordinance to assure a high quality of development; Goal LU-7.1, relating to innovative land uses in the Village; Policy LU-7.7 relating to allowing creative parking alternatives in the Village. 2. Public Welfare Approval of the code amendment will not create conditions materially detrimental to the public health, safety and general welfare. The amendment allows for reduced parking standards and does not incorporate any changes that affect the regulation and/or provision of public services, utility systems, or other foreseeable health, safety and welfare considerations. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. That the above recitations are true and constitute the Findings of the City Council in this case. SECTION 2. The proposed zone text amendment is exempt from environmental review under CEQA, pursuant to Section 15061(b)(3), Review for Exemptions - General Rule, in that it can be seen with certainty that there is no possibility for this action to have a significant effect on the environment, and individual development plans will be reviewed under CEQA as they are proposed. SECTION 3. That the City Council does hereby approve Zoning Ordinance Amendment 2016-0003, as set forth in attached Exhibit "A," for the reasons set forth in this Resolution. SECTION 4. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 5. 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 322 Ordinance No. Zoning Ordinance Amendment 2016-0003 Adopted: July 19, 2016 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 July 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 323 324 Ordinance No. Zoning Ordinance Amendment 2016-0003 Adopted: July 19, 2016 AMENDMENTS Amend 9.150.060, Spaces required by use, as follows: 9.150.060 Spaces required by use. A. Land Uses Not Listed. If no provisions for the required number of off-street parking spaces are set forth in Tables 9-11 or 9-12 of this section or the provisions are not clear for a specific use, the decision -making authority for the applicable use or project shall determine the number of parking spaces required. B. Definition of GFA. For purposes of this chapter and this code, gross floor area or GFA means the total square footage of all floors of a building, including the exterior walls but excluding courtyards and other outdoor areas. C. Parking for Residential Land Uses. 1. Table 9-11 following contains the minimum number of parking spaces required for each type of residential land use. 2. Whenever any commercial or industrial use is located on a building site that is also used for residential purposes, parking facilities shall be provided for the residential use per Table 9-11 in addition to the spaces required for the nonresidential use(s). D. Parking Requirements within the La Quinta Village. Properties within the Village Commercial zoning district shall be subject to the following requirements: 1. For all new development and expansion of existing business, a 50% reduction of the off-street parking required in Table 9-11, is permitted. For all changes of use, no additional off-street parking is required. a. Prior to submittal of applications for entitlement permits or building permits, the Community Development Department shall determine whether a project is categorized as new, expansion, or change of use. 325 Ordinance No. Zoning Ordinance Amendment 2016-0003 Adopted: July 19, 2016 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. which was introduced at a regular meeting on the 19th day of July, 2016 and was adopted at a regular meeting held on the (date) day of (month), (year), not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in the Rules of Procedure adopted by City Council Resolution No. SUSAN MAYSELS, City Clerk City of La Quinta, California DECLARATION OF POSTING I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on , pursuant to Council Resolution. SUSAN MAYSELS, City Clerk City of La Quinta, California 326 - ___ ".. - AL. � 11 ", I I - I V�. � I . . I � - � - K - . . , I -_ 'I, '. - I 11 . � L �' - ; � �,'11111116,%�Z - . 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Village Analysis ATTACHMENT 1 _> �i > C) M �i ...I ME � 0 0 1 Village Zoning District 0 Lmm�ffw N w E S February, 2015 - - t �,—Z�,Q?, - - 1� City of La Quinta 1�co� Planning Division I , , OF Community Development Department 327 328 City of La Quinta CITY COUNCIL MEETING: July 19, 2016 STAFF REPORT AGENDA TITLED INTRODUCE AN ORDINANCE AMENDING TITLE 8, CHAPTER 13 OF THE LA QUINTA MUNICIPAL CODE UPDATING THE CITY'S WATER EFFICIENT LANDSCAPE ORDINANCE 7:14161 lul��l7 ]i•1 Open the public hearing, accept public testimony, and continue this item to the August 2, 2016, City Council meeting. EXECUTIVE SUMMARY • The California Department of Water Resources adopted an updated Model Water Efficient Landscape Ordinance (State Model Ordinance) in July, 2015. • Cities and counties are required to either adopt the State Model Ordinance or adopt a customized local water efficient landscape ordinance that is as effective in conserving water as the State Model Ordinance. • Staff has prepared amendments to the City's existing water efficient landscape Ordinance 476 which is consistent with the 2015 landscape ordinance adopted by the Coachella Valley Water District (CVWD). • On June 14, 2016, the Planning Commission adopted Planning Commission Resolution No. 2016-009 recommending approval of the water efficient landscape ordinance. FISCAL IMPACT - None. BACKGROUND/ANALYSIS The City adopted a water efficient landscape ordinance on January 5, 2010. On April 1, 2015, Governor Jerry Brown declared a statewide water shortage emergency. Cities and counties are required to update their water efficient landscape ordinance to be as effective in conserving water as the 2015 State Model Ordinance. The CVWD approved an updated model water efficient landscape ordinance estimated to be five percent more water efficient than the State model. The main objectives of the CVWD Model Ordinance are reducing overall landscape water use, reducing or eliminating water in the streets, and limiting turf. The attached matrix (Attachment 1) compares the new CVWD Model Ordinance with the State Model Ordinance and the 2010 Regional Ordinance. 329 Staff has prepared amendments to City Ordinance 476 (Attachment 2) compatible with the CVWD Model Ordinance to require: • New construction and rehabilitated landscapes greater than or equal to 2,500 square feet to comply with the new water efficient landscape ordinance. The existing ordinance applies to landscape areas greater than or equal to 5,000 square feet. • No turf in areas less than ten feet in width. Long, narrow or irregularly shaped turf areas shall not be designed because of the difficulty in irrigating uniformly without overspray onto hardscaped areas, streets and sidewalks. The 2010 ordinance does not allow turf in areas less than eight feet in width. Turf will be allowed in these areas only if irrigation design reflects the use of subsurface irrigation or a surface flow/wick irrigation system. • Annual color plantings only in areas of high visual impact. They must be irrigated with drip, microirrigation or other systems with efficiencies of 90 percent or greater. Otherwise, drip irrigated, perennial plants should be the primary source of color. • Groundcover and mulch to reduce soil moisture evaporation be increased from two inches to three inches. • A rating for plant water use (ETAF or Evapotranspiration Factor) of 0.45 compared to the 2010 ordinance of 0.5. A lower ETAF number designates a more water efficient plant. • An improved irrigation efficiency rating of 75 percent for spray systems and 90 percent for drip systems. The 2010 ordinance requires an irrigation efficiency of 75 percent for all systems. • High water use plants, characterized by a plant factor of 0.7 to 1.0 be prohibited in street medians. Staff also recommends the following water efficient landscape measure. This exceeds requirements of CVWD's landscaping ordinance revisions and State -mandated text amendments: • Prohibit turf in perimeter landscape areas of new residential and nonresidential developments. The proposed amendments are compatible with the CVWD Model Ordinance. These revisions will result in minor changes to current landscaping and irrigation design standards because the City has already implemented water efficiency standards that exceed state minimums. 330 AGENCY AND PUBLIC REVIEW Planning Commission Review At its regular meeting of June 14, 2016, the Planning Commission heard testimony in support of the proposed ordinance and recommended approval. ALTERNATIVES The City Council may elect not to take up the Ordinance and thereby landscape plan review would be subject to the requirements of the State Model Water -Efficient Landscaping Ordinance; or, the City Council may continue the Ordinance for further consideration. Prepared by: Gabriel Perez, Planning Manager Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer Attachments: 1. Matrix of Landscape Ordinance Amendments 331 332 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 8, CHAPTER 13 OF THE LA QUINTA MUNICIPAL CODE, UPDATING THE CITY'S WATER EFFICIENT LANDSCAPE ORDINANCE WHEREAS, the City Council of the City of La Quinta, California did, on the 19tn day of July 2016, hold a duly noticed public hearing for review of a City -initiated request of Zoning Ordinance Amendment 2016-0002 to amend Chapter 8.13 (Water Efficient Landscaping) of the La Quinta Municipal Code; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 14th day of June, 2016, hold a duly noticed Public Hearing for review of Zoning Ordinance Amendment 2016-0002 to amend Chapter 8.13 of the La Quinta Municipal Code, as identified by Title of this Ordinance; and WHEREAS, subsequent to said Public Hearing, the Planning Commission of the City of La Quinta did adopt Planning Commission Resolution 2016-009 to recommend to the City Council adoption of said Zone Ordinance Amendment; and, WHEREAS, said Zoning Ordinance Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63). The Design and Development Department has determined that the proposed amendment is exempt from environmental review pursuant to Section 15061(b)(3), Review for Exemptions - General Rule, in that it can be seen with certainty that there is no possibility for this action to have a significant effect on the environment and the proposed changes involve a reduction in the overall use of water resources. WHEREAS, the Design and Development Department published a public hearing notice for this request in The Desert Sun newspaper on June 24, 2016, as prescribed by the Municipal Code; and WHEREAS, on September 28, 2006, Assembly Bill 1881, the Water Conservation in Landscaping Act of 2006, was signed into law, requiring that every city in California either adopt the State Model Water -Efficient Landscape Ordinance or a landscape ordinance which is at least as effective in conserving water by January 1, 2010; and WHEREAS, on January 5, 2010, the City of La Quinta, California, adopted City's Water Efficient Landscape Ordinance (Ordinance 476) consistent with AB 1881; and WHEREAS, on April 1, 2015, the Governor of the State of California, Jerry Brown, issued a Drought Response Plan, Executive Order B-29-15, declaring a statewide water 333 Ordinance No. Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted: Page 2 of 29 shortage emergency. The Executive Order called for the Department of Water Resources to update the Model Ordinance through expedited regulation; if a local agency does not adopt an updated ordinance, the agency is subject to the State's model ordinance by statute. The deadline for local agencies working together to develop a regional ordinance is February 1, 2016 to adopt an updated ordinance; and WHEREAS, on July 15, 2015, the California Water Commission approved an updated Model Water Efficient Landscape Ordinance (MWELO), developed to assure consistency with AB 1881; and WHEREAS, on November 24, 2015, the Coachella Valley Water District approved an updated Model Water Efficient Landscape Ordinance, developed in collaboration with the Coachella Valley Association of Governments, water agencies, and Coachella Valley jurisdictions, to be used as regional Model Water Efficient Landscape Ordinance that satisfies the state requirements; and WHEREAS, the City of La Quinta recognizes that reduction in water use in landscaping will contribute to the conservation of water resources, and encourages the use of water -efficient landscaping and irrigation practices that are suited to our desert climate; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, the City Council did make the following mandatory findings to justify adoption of said Zoning Ordinance Amendment: 1. Consistency with General Plan The code amendment is consistent with the goals, objectives and policies of the General Plan. The proposed amendments are supported by Policy SC-1.1a, relating to the review of the landscape ordinance every two years, and update as necessary to maintain consistency with State and CVWD standards. 2. Public Welfare Approval of the code amendment will not create conditions materially detrimental to the public health, safety and general welfare. The amendment allows for reduced parking standards and does not incorporate any changes that affect the regulation and/or provision of public services, utility systems, or other foreseeable health, safety and welfare considerations. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. That the above recitations are true and constitute the Findings of the City Council in this case. 334 Ordinance No. _ Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted: Page 3 of 29 SECTION 2. CHAPTER 8.13 WATER EFFICIENT LANDSCAPING shall be amended as written in Exhibit A attached hereto. SECTION 3. The proposed zone text amendment is exempt from environmental review under CEQA, pursuant to Section 15061(b)(3), Review for Exemptions — General Rule, in that it can be seen with certainty that there is no possibility for this action to have a significant effect on the environment and the proposed changes involve a reduction in the overall use of water resources. SECTION 4. That the City Council does hereby approve Zoning Ordinance Amendment 2016-0002, as set forth in attached Exhibit "A," to the City Council for the reasons set forth in this Resolution. SECTION 5. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 6. 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 of 2016 by the following vote: AYES: NOES: ABSENT: ABSTAIN: LINDA EVANS, Mayor City of La Quinta, California ATTEST: 335 Ordinance No. _ Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted: Page 4 of 29 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 336 Ordinance No. _ Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted: Page 5 of 29 EXHIBIT A- ORDINANCE NO. Chapter 8.13 WATER EFFICIENT LANDSCAPING 8.13.010 Purpose and intent. A.The purpose of this chapter is to establish effective water efficient landscape requirements for newly installed and rehabilitated landscapes. It is also the purpose of this chapter to implement the requirements of the California Code of Regulations Title 23, Waters Division 2, Department of Water Resources Chapter 2.7, Model Efficient Landscaping Ordinance, and State of California Water Conservation in Landscaping Act. Authority Cited: Section 65593, Government Code, Reference: Sections 65591, 65593, 65596, Government Code. B. It is the intent of the city council to promote water conservation through climate appropriate plant material and efficient irrigation as well as to create a city landscape theme through enhancing and improving the physical and natural environment. (Ord. 476 § 1, 2010; Ord. 452 § 1, 2008; Ord. 392 § 3 (Exh. A)(part), 2003; Ord. 220 § 1 (Exh. A)(part), 1993) 8.13.020 Definitions. The words used in this chapter have the meanings set forth below: "Application rate" means the depth of water applied to a given area, usually measured in inches per hour. Also known as precipitation rate (sprinklers) or emission rate (drippers/microsprayers) in gallons per hour. "Applied water" means the portion of water supplied by the irrigation system to the landscape. "Automatic controller" means a mechanical or solid-state timer, capable of operating valve stations to set the days and length of time of a water application. "Backflow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. "Beneficial use" means water used for landscape evapotranspiration. "Certified landscape irrigation auditor" means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the United States Environmental Protection Agency WaterSense irrigation auditor certification program and Irrigation Association Certified Landscape Irrigation Auditor program. "Conversion factor (0.62)" means a number that converts the maximum applied water allowance from acre -inches per acre per year to gallons per square foot per year. The conversion factor is calculated as follows: 337 Ordinance No. _ Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted: Page 6 of 29 (325,851 gallons/43,560 square feet)/12 = (0.62) inches 325,851 gallons = one acre-foot 43,560 square feet = one acre 12 inches = one foot To convert gallons per year to one hundred cubic feet per year, the common billing unit for water, divide gallons per year by seven hundred forty-eight. (748 gallons = 100 cubic feet) "Desert landscape" means a desert landscape using native plants spaced to look like a native habitat utilizing plants native to the southwestern United States and northern Mexico or native to other desert regions of the world but adapted to the Coachella Valley. "Distribution uniformity" is a measure of how evenly sprinklers apply water. The low -quarter measurement method (DULQ) utilized in the irrigation audit procedure is utilized for the purposes of these criteria. These criteria assume an attainable performance level of 75% DULQ for spray heads, 80% DULQ for rotor heads and 85% DULQ for recreational turf grass rotor heads. "Drip irrigation" means a method of irrigation where the water is applied slowly at the base of plants without watering the open space between plants. "Ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. "Effective precipitation" or "usable rainfall" means the portion of total natural precipitation that is used by the plants. Precipitation is not a reliable source of water in the desert. "Electronic controllers" are time clocks that have the capabilities of multi- programming, water budgeting and multiple start times. "Emission uniformity" is a measure of how evenly drip and microspray emitters apply water. The low -quarter measurement method (EULQ) utilized in the landscape irrigation evaluation procedure is utilized for the purposes of these criteria. These criteria assume 90% DULQ for drippers, microsprays and pressure compensating bubblers. "Emitter" means drip irrigation fittings that deliver water slowly from the system to the soil. "Established landscape" means the point at which plants in the landscape have developed roots into the soil adjacent to the root ball. "Establishment period" means the first year after installing the plant in the landscape. "Estimated annual applied water use" means the portion of the estimated annual total water use that is derived from applied water. The estimated annual applied water use shall not exceed the maximum applied water allowance. 338 Ordinance No. Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted: Page 7 of 29 "Estimated annual total applied water use" (total of all hydrozones) means the annual total amount of water estimated to be needed by all hydrozones to keep the plants and water features in the landscaped area healthy and visually pleasing. It is based upon such factors as the local evapotranspiration rate, the size of the landscaped area, the size and type of the water feature, the types of plants, and the efficiency of the irrigation system. The estimated annual total applied water use shall not exceed the maximum applied water allowance. "ET adjustment factor" means a factor of 0-.-5-0.45 that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. A combined plant m.fi+to_%niirio eyernno of 0.38 is the hock of the pion+ factor portion of Chic CGIC elation The irrigation efficiency for purposes of the FET adjustment faEtti r is 07'I Therefore, the ETTadjustment facto ( r (lr v.5 (c 3 /0.71). "Evapotranspiration" or "ET" means the quantity of water evaporated from adjacent soil surfaces and transpired by plants during a specific time. "Flow rate" means the rate at which water flows through pipes and valves (gallons per minute or cubic feet per second). "Hardscape" means concrete or asphalt areas including streets, parking lots, sidewalks, driveways and patios and decks. "Head -to -head coverage" means one hundred percent sprinkler coverage of the area to be irrigated, with maximum practical uniformity. "High flow check valve" means a valve located under/in a sprinkler head to stop the flow of water if the spray head is broken or missing. "Hydrozone" means a portion of the landscaped area having plants with similar water needs that are served by a valve or set of valves with the some schedule. A hydrozone may be irrigated or nonirrigated. For example, a naturalized area planted with native vegetation that will not need supplemental irrigation once established is a nonirrigated hydrozone. "Infiltration rate" means the rate of water entry into the soil expressed as a depth of water per unit of time (inches per hour). "Irrigation efficiency" means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum irrigation efficiency for purposes of this chapter is-0-34 0.75 or 75 percent and .90 or 90 percent for drip systems. Greater irrigation efficiency can be expected frorn Mfell-designed and rnn-ont-n-ined c"c�s. "Landscape irrigation audit" means a process to perform site inspections, evaluate irrigation systems, and develop efficient irrigation schedules. 339 Ordinance No. Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted: Page 8 of 29 "Landscape architect" means a person who holds a license to practice landscape architecture as per the state of California Business and Professions Code, Section 5615. "Landscape contractor" means a person licensed by the state of California to construct, maintain, repair, install, or subcontract the development of landscape systems. "Landscaped area" means the entire parcel less the building footprint, driveways, non -irrigated portions of parking lots, hardscapes such as decks and patios, and other nonporous areas. Water features are included in the calculation of the landscaped area. "Lateral line" means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve. "Local water purveyor" means the Coachella Valley Water District (CVWD). "Main line" means the pressurized pipeline that delivers water from the water meter to the valve or outlet. "Maximum applied water allowance" means for design purposes, the upper limit of annual applied water for the established landscaped area, as specified in Division 2, Title 23, California Code of Regulations, Chapter 7, Section-4927-92. It is based upon the area's reference evapotranspiration, the ET adjustment factor, and the size of the landscaped area. The estimated applied water use shall not exceed the maximum applied water allowance. "Mined -land reclamation projects" means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975. "Mulch" means any material such as gravel, small rocks, pebbles, decorative sand, decomposed granite, bark, straw or other material left loose and applied to the soil surface for the beneficial purpose of reducing evaporation. "Native plants" means low water using plants that are indigenous to the Coachella Valley and lower Colorado Desert region of California and Arizona. "Operating pressure" means the manufacturer's recommended pressure at which a system of sprinklers, bubblers, drippers or microsprayers is designed to operate. "Overhead sprinkler irrigation systems" means those with high flow rates (pop - ups, impulse sprinklers, rotors, etc.). "Overspray" means the water which is delivered beyond the landscaped area, wetting pavements, walks, structures, or other nonlandscaped areas. "Pervious" means any surface or material that allows the passage of water through the material and into the underlying soil. "Plant factor" means a factor that when multiplied by reference evapotranspiration, estimates the amount of water used by plants. For purposes of this chapter, the average plant factor of very low water using plants ranges 340 Ordinance No. Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted: Page 9 of 29 from 0.01 to 0.10, for low water using plants the range is 0.10 to 0.30, for moderate water using plants the range is 0.40 to 0.60 and for high water using plants, the range is 0.70 to 0.90. Reference: Water Use Classifications of Landscape Species IVY (WUCOLS IV11). "Pressure compensating (PC) bubbler" means an emission device that allows the output of water to remain constant regardless of input pressure. Typical flow rates for this type of bubbler range between 0.25 gpm to 2.0 gpm. "Pressure compensating screens/devices" means small screens/devices inserted in place of standard screens/devices that are used in sprinkler heads for radius and high pressure control. "Qualified professional" means a person who has been certified by his or her professional organization or a person who has demonstrated knowledge and is locally recognized as qualified among landscape architects due to longtime experience. "Rain sensing device" means a system which automatically shuts off the irrigation system when it rains. "Record drawing" or "as-builts" means a set of reproducible drawings which show significant changes in the work made during construction which are usually based on drawings marked up in the field and other data furnished by the contractor. "Recreational area" means areas of active play or recreation such as sports fields, school yards, picnic grounds, or other areas with intense foot traffic. "Recreational turfgrass" means turfgrass that serves as a playing surface for sports and recreational activities. Athletic fields, golf courses, parks and school playgrounds are all examples of areas hosting recreational turfgrass. "Recreational turfgrass ET adjustment factor" means a factor of 0.82 that, when applied to reference evapotranspiration, adjusts for the additional stress of high traffic on recreational turfgrass and the higher irrigation efficiencies of long range rotary sprinklers. These are the two major influences upon the amount of water that needs to be applied to a recreational landscape. A mixed cool/warm season turfgrass with a seasonal average of 0.7 is the basis of the plant factor portion of this calculation. The irrigation efficiency of long range sprinklers for purposes of the ET adjustment factor is 0.85. Therefore, the ET adjustment factor is 0.82 = 0.7/0.85. "Recycled water," "reclaimed water" or "treated sewage effluent water" means treated or recycled waste water of a quality suitable for nonpotable uses such as landscape irrigation; not intended for human consumption. "Reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants. ETo is given in inches per day, month, or year, and is an estimate of the evapotranspiration of a large field of cool -season grass that is well watered. Reference evapotranspiration is used as a basis of determining the maximum applied water allowances so that 341 Ordinance No. Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted: Page 10 of 29 regional differences in climate can be accommodated. For purposes of this chapter, the most current edition of the Coachella Valley Water District's Reference Evapotranspiration Table shall be referenced. "Rehabilitated landscape" means any re -landscaping project whose choice of new plant material and/or new irrigation system components is such that the calculation of the site's estimated water use will be significantly changed. The new estimated water use calculation must not exceed the maximum applied water allowance calculated for the site using a 0.45-5 ET adjustment factor. "Runoff" means water which is not absorbed by the soil or landscape to which it is applied and flows from the planted area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate), when there is a severe slope or when water is misapplied to hardscapes. "Service line" means the pressurized pipeline that delivers water from the water source to the water meter. "Smart controller" means weather based or soil moisture based irrigation controls that monitor and use information about environmental conditions for a specific location and landscape (such as soil moisture, rain, wind, the plants' evaporation and transpiration rates and, in some cases, plant type and more) to decide for themselves when to water and when not to, providing exactly the right amount of water to maintain lush, healthy growing conditions. "Soil moisture sensing device" means a device that measures the amount of water in the soil. "Soil texture" means the classification of soil based on the percentage of sand, silt and clay in the soil. "Sprinkler head" means a device which sprays water through a nozzle. "Static water pressure" means the pipeline pressure when water is not flowing. "Station" means an area served by one valve or by a set of valves that operates simultaneously. "Turf" means a surface layer of earth containing mowed grass with its roots. Perennial and annual ryegrass are cool season grasses. Hybrid and common Bermuda grass, are warm season grasses. "Valve" means a device used to control the flow of water in the irrigation system. "Water conservation concept statement" means a one -page checklist and a narrative summary of the project. "Water feature" means any water applied to the landscape for nonirrigation decorative purposes. Fountains, streams, ponds and lakes are considered water features. Water features use more water than efficiently irrigated turf grass and are assigned a plant factor value of 1.1 for a stationary body of water and 1.2 for a moving body of water. 342 Ordinance No. _ Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted: Page 11 of 29 Note: Section 65594, Government Code. Reference: Section 65597, Government Code. (Ord. 476 § 1, 2010; Ord. 452 § 1, 2008; Ord. 392 § 3 (Exh. A)(part), 2003; Ord. 220 § 1 (Exh. A)(part), 1993) 8.13.030 Provisions for new or rehabilitated landscapes. A. Applicability. 1. Except as provided in subsection (A)(3) of this section, this section shall apply to: a. All new construction and rehabilitated landscaping for private, public, commercial and governmental development projects; and b. All new construction and rehabilitated landscaping in single-family tracts and multifamily projects. 2. Projects subject to this section shall conform to the provisions in this section. 3. This section shall not apply to: a. Single-family residential landscaping projects on individual lots/parcels with a total project landscape area less than 2,500 five thousa square feet; b. Homeowner -provided landscaping within individually -maintained patio areas, courtyards, or private gardens at a condominium, townhome, or similar multifamily project; c. Turf-reduction/replacement landscaping projects, with no new or expansion of existing landscaped area(s) involved; d. Registered local, state, or federal historic sites; e. Ecological restoration projects that do not require a permanent irrigation system; f. Mined -land reclamation projects that do not require a permanent irrigation system; g. Plant collections, as part of botanical gardens and arboretums open to the public. B. Final Landscaping Plan Application Submittal Requirements. 1. Each final landscaping plan submittal shall include the following elements: a. Water conservation concept statement; b. Calculation of the maximum applied water allowance; c. Calculation of the estimated applied water use; d. Calculation of the estimated total water use; e. Landscape design plan; f. Irrigation design plan; g. Grading design plan; and h. Soil analysis. 343 Ordinance No. Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted: Page 12 of 29 2. The final landscaping plan application shall be submitted to the city in accordance with the requirements and information as stipulated on the city application form. No city approval shall be issued until the city and the local water purveyor have reviewed and accepted the landscape documentation package. If applicable, the final landscape plan submittal shall substantially conform to the project's preliminary landscape plan as approved for the project. 3. A copy of the approved final landscaping plan submittal shall be provided to the property owner or site manager along with the record drawings and any other information normally forwarded to the property owner or site manager. C. Elements of Final Landscaping Plan Submittal. Water Conservation Statement and Landscape Worksheet. a. Water Conservation Concept Statement. Each landscape documentation package shall include a cover sheet, referred to as the water conservation statement, an example of which can be obtained from either the planning department or the Coachella Valley Water District. It serves as a checklist to verify that the elements of the landscape documentation package have been completed and has a narrative summary of the project. b. Water Efficient Landscape Worksheet. Each landscape documentation package shall include a water efficient landscape worksheet, an example of which may be obtained from either the planning department or the Coachella Valley Water District. The water efficient landscape worksheet serves as a checklist to verify that the elements of the landscape documentation package have been completed and has a narrative summary of the project. i. The water efficient landscape worksheet shall contain a hydrozone information table and a water budget calculation for the final landscaping plans. For the calculation of the maximum applied water allowance and the estimated total water use, the project applicant shall refer to the most current localized ETo value from the Coachella Valley Water District's Reference Evapotranspiration Table, a copy of which may be obtained from either the planning department or the Coachella Valley Water District. ii. Water budget calculations shall adhere to the following requirements: (A) The plant factor used shall be from the "Water Use Classifications of Landscape Species III" (WUCOLS III), prepared by the University of California Cooperative Extension and California Department of Water Resources. The plant factors 344 Ordinance No. Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted: Page 13 of 29 range from 0 to 0.3 for the low use plants, from 0.4 to 0.6 for the moderate use plants, from 0.7 to 1.0 for the high use plants and 1.1 to 1.2 for water features. (B) All water features shall be included in the 1.1 to 1.2 hydrozone and temporary irrigated areas shall be included in the low water use hydrozone. 2. The Annual Maximum Applied Water Allowance. a. A project's annual maximum applied water allowance shall be calculated using the following formula: MAWA = j(ETo) (0..45-5) (LA) (0.62) / 748 where: MAWA = Maximum applied water allowance (gallons per year) ETo = Reference evapotranspiration (i.e., seventy-five inches per year) 0.45-5 = ET adjustment factor LA = Landscaped area (square feet) 0.62 = Conversion factor (to gallons per square foot) 748 = Conversion Factor (to hundred cubic feet) b. An example calculation of the annual maximum applied water allowance is: Project site: Landscape area of fifty thousand square feet in Zone No. 3a of the Coachella Valley ETo Map. MAWA = j(ETo) (0.45-5) (LA) (0.62) / 748 = 1(75.0 inches) (0.45-5) (50,000 square feet) (0.62) / 748 Maximum = 1,162,500 gallons per year, 1,554 hundred cubic applied feet per year (billing units), 3.56 acre feet/acre per water year or 42.7 inches of water per year. allowance 3. Estimated Annual Applied Water Use. a. The annual estimated applied water use shall not exceed the annual maximum applied water allowance. 345 Ordinance No. _ Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted: Page 14 of 29 b. A calculation of the estimated annual applied water use shall be submitted with the landscape documentation package. C. For the calculation of the maximum applied water allowance and estimated total water use, the project applicant shall refer to the localized ETo value on the current Coachella Valley ETo Map, prepared by the Coachella Valley Water District. d. The estimated annual total water use for each hydrozone is calculated from the following formula: ETWU (hydrozones) _ (ETo) (PF) (HA) (0.62)/748 (in 100 G bic foot) (IE) ETWU (hydrozone) = Estimated water use (gallons yea -hundred cubic feet) ETo = Reference evapotranspiration (i.e., ETo Zone 3a = seventy-five inches per year) PF = Plant factor (see definitions) LA#A = Landscape Areaklydrozene area (in square feet) (0.62) = Conversion factor (to gallons per square foot (IE) = Irrigation efficiency (see definitions) 748 = Conversion Factor (eRe hundred-cnubiE-feet - 748 gallens -moo bill-iRg-unto hundred cubic feet) 4. Estimated Annual Total Water Use. A calculation of the estimated annual total hydrozone water use shall be submitted with the final landscaping plan submittal. The estimated annual total water use for the entire landscaped area equals the sum of the estimated annual water use (EWU) of all hydrozones in that landscaped area. 5. Landscape Design Plan. A landscape design plan meeting the following requirements shall be submitted as part of the final landscaping plan submittal. a. Plant Selection and Grouping. i. Any plants may be used in the landscape, providing the estimated annual applied water use recommended does not exceed the 346 Ordinance No. Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted: Page 15 of 29 maximum annual applied water allowance and that the plants meet the specifications set forth in this section. ii. Plants having similar water use shall be grouped together in distinct hydrozones. iii.Plants shall be selected appropriately based upon their adaptability to the climate, geologic, and topographical conditions of the site. Protection and preservation of native species and natural areas is encouraged. The planting of trees is encouraged whenever it is consistent with the other provisions of this chapter. iv.A landscape design plan for projects in fire -prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required per Public Resources Code Section 4291(a) and (b). Avoid fire -prone plant materials and highly flammable mulches. v. The use of invasive and/or noxious plant species is strongly discouraged. Applicants should consult the Invasive Plant Inventory prepared by the California Invasive Plant Council prior to the selection of any plant species for landscaping. vi.Applicants shall consult the most current list of prohibited and restricted plant species prepared by the Riverside County agricultural commissioner prior to the selection of any plant species for landscaping. Restricted plant species shall be approved or cleared by the agricultural commissioner and obtained from an authorized local supplier. vii. The architectural guidelines of a common interest development, which include community apartment projects, condominiums, property owners associations, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group. vii. Annual color plantings shall be used only in areas of high visual impact and must be irrigated with drip, microirrigation or other systems with efficiencies of 90 percent or greater. Otherwise, drip irrigated, perennial plantings should be the primary source of cnlnr_ b. Water Features. i. Recirculating water shall be used for decorative water features. ii. Water features shall be appropriately sized and designed for functional and recreational purposes in conjunction with recreational amenities, placed at a location visible from adjacent residential or commercial uses, and serve a functional purpose such 347 Ordinance No. _ Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted: Page 16 of 29 as stormwater retention, interactive play, irrigation storage, and/or wildlife habitat. iii.All water features shall be replenished by a nonpotable water supply unless otherwise conditioned or approved by the planning commission. Where available, recycled water shall be used as a source for decorative water features. iv.Surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation. C. Landscape Design Plan Specifications. The final landscaping plans shall be designed in accord with the requirements of the local water purveyor. The landscape design plan shall be drawn on thirty-six inch by twenty-four inch project base sheets at a scale that accurately and clearly identifies: i. Designation of hydrozones, including the total estimated annual applied water use for each major plant group hydrozone and water feature hydrozone (if water features have been approved); ii. Landscape materials, trees, shrubs, groundcover, turf and other vegetation. Planting symbols shall be clearly drawn and plants labeled by botanical name, common name, water use classification, container size, spacing and quantities of each group of plants indicated; iii.Property lines, tract name, tract number or parcel number, and street names; iv.Streets, driveways, walkways and other paved areas; v. Pools, ponds, water features, fences and retaining walls; vi.Existing and proposed buildings and structures including elevation, if applicable; vii. Location of all overhead and underground utilities; viii. Natural features including but not limited to rock outcroppings, existing trees and shrubs that will remain; ix.Tree staking, plant installation, soil preparation details, and any other applicable planting and installation details; x. A calculation of the total landscaped area; and xi.Designation of recreational turf areas. d. Design and Placement of Turf. i. Turf shall be placed within functional and accessible recreational areas. Turf placement is discouraged at locations adjacent to perimeter streets and sidewalks and those locations having limited visibility and/or pedestrian activity. 348 Ordinance No. Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted: Page 17 of 29 ii. All typical landscaping plans for prototypical residential units (tract homes) shall include a no -turf option. iii.Long, narrow or irregularly shaped turf areas shall not be designed because of the difficulty in irrigating uniformly without overspray onto hardscaped areas, streets, and sidewalks. Landscape areas less than eight -Len feet in width shall not be designed with turf. Turf will be allowed in these areas only if irrigation design reflects the use of subsurface irrigation or a surface flow/wick irrigation system. iv.Turf areas irrigated with spray/rotor systems must be set back at least twenty-four inches from curbs, driveways, sidewalks or any other area that may result in runoff of water onto hardscape. An undulating landscape buffer area created by the setback shall be designed with rocks, cobble or decomposed granite and/or can be landscaped with drip irrigated shrubs/accents or covered with a suitable groundcover. v. Turf is prohibited on slopes greater than twenty-five percent where the toe of the slope is adjacent to an impermeable hardscape and where twenty-five percent means one foot of vertical elevation change for every four feet of horizontal length (rise divided by run x 100 = slope percent). vi.Turf grass coverage shall be limited to no more than fifty percent of any project's total landscaped area. vii. Turf grass is prohibited in perimeter landscape areas of new residential and nonresidential developments. e. Design and Placement of Groundcover and Mulch. i. The use of a soil covering mulch or a mineral groundcover of a minimum threetwe-inch depth to reduce soil surface evaporation is required around trees, shrubs, and on nonirrigated areas. The use of boulders and creek stones shall be considered to reduce the total vegetation area. These areas should have enough shade to avoid reflected or retained heat. ii. Stabilizing mulching products shall be used on slopes. iii.Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected. f. Stormwater Best Management Practices. i. The landscaping plans shall identify the location and installation details of any applicable stormwater best management practices that encourage on -site retention and infiltration of stormwater. Stormwater best management practices are strongly encouraged in 349 Ordinance No. _ Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted: Page 18 of 29 the landscape design plan and examples include, but are not limited to: (A) Infiltration beds, swales, and basins, that allow water to collect and soak into the ground; (B) Constructed wetlands and retention ponds that retain water, handle excess flow, and filter pollutants; (C) Pervious or porous surfaces (e.g., permeable pavers or blocks, pervious or porous concrete, etc.) that minimize runoff; and (D) Any applicable rain harvesting or catchment technologies used (e.g., rain gardens, cisterns, etc.). ii. All stormwater best management practices identified on the final landscaping plans shall be prepared by the landscape architect in conjunction with the engineer of record preparing the water quality management plan, grading plans, and other related engineering plans. 6. Irrigation Design Plan. a. For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufacturer's recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. An irrigation design plan meeting the following criteria shall be submitted as part of the final landscaping plan submittal. b. Separate landscape water meters shall be installed for all projects except single-family homes with a landscape area less than 5,000 square feet. Landscape meters for single family homes with a landscape area over 5,000 square feet may be served by a permanent service connection provided vu the Coachella Valley Water District or be a privately owned submeter installed at the irrigation point of connection on the customer service line. When irrigation water is from a well, the well shall be metered. The irrigation design plan shall be drawn on project base sheets. It should be on separate pages from, but use the same format as, the landscape design plans. The irrigation system specifications shall accurately and clearly identify the following: i. Specifications for Irrigation Design. (A) Control valves, manufacturer's model number, size and location; (B) Irrigation head manufacturer's model number, radius, operating pressure, gallons per minute/gallons per hour (gpm/gph) and location; 350 Ordinance No. _ Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted: Page 19 of 29 (C) Piping type, size and location; (D) Power supply/electrical access and location; (E) Plan scale and north arrow on all sheets; (F) Irrigation installation details and notes/specifications; (G) Graphic scaling on all irrigation design sheets; (H) The irrigation system shall be automatic, constructed to discourage vandalism, and simple to maintain. Irrigation equipment shall be screened from view when installed adjacent to pedestrian areas and public rights -of -way; (I) All equipment shall be of proven design with local service available; (J) Control valves shall be rated at two hundred psi; (K) Visible sprinklers near hardscape shall be of pop up design; (L) All heads should have a minimum number of wearing pieces with an extended life cycle; (M) Sprinklers, drippers, valves, etc., must be operated within manufacturer's specifications; (N) Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be required, as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency (such as a mainline break) or routine repair; (0) High flow sensors that detect and report high flow conditions created by system damage or malfunction Gr-e where a dedicated landscape irriaation meter is required; (P) The following statement "I have complied with the criteria of the ordinance and have applied them accordingly for the efficient use of water in the irrigation design plan" shall be identified on the irrigation plans and include the landscape architect's signature. ii. Specifications for Irrigation Efficiency. The minimum irrigation efficiency shall be seventy-one percent. Greater irrigation efficiencies are expected from well -designed and maintained systems. The following are required: (A) Design spray head and rotor head stations with consideration for worst wind conditions. Close spacing and low - angle nozzles are required in high and frequent wind areas (Coachella Valley Water District ETo Zone No. 5). 351 Ordinance No. Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted: Page 20 of 29 (B) Spacing of sprinkler heads shall not exceed manufacturer's maximum recommendations for proper coverage. The plan design shall show a minimum of seventy-five percent distribution uniformity. (C) Only irrigation heads with matched precipitation rates shall be circuited on the same valve. (D) Valve circuiting shall be designed to be consistent with hydrozones. (E) Individual hydrozones that mix plants that are moderate and low water use may be allowed if the plant factor calculation is based on the proportions of the respective plant water uses and their plant factor, or if the plant factor of the higher water using plant is used for the calculations. (F) Individual hydrozones that mix high and low water use plants shall not be permitted. (G) On the landscape design plan and irrigation design plan, hydrozone areas shall be designated by number, letter, or other designation. On the irrigation design plan, designate the areas irrigated by each valve, and assign a number to each valve. Use this valve number in the hydrozone information table. This table can assist with pre -inspection and final inspection of the irrigation system, and programming the controller. iii.Irrigation System Design. (A) Point of connection or source of water and static water pressure; (B) Meter location and size (where applicable); (C) Pump station location and pumping capacity (where applicable); (D) Reduced pressure backflow prevention devices shall be installed behind meter at curb by the district; (E) Show location, station number, size and design gpm of each valve on plan; (F) Smart controller details shall be specified for all projects. This includes climate based or sensor based controllers, which can automatically adjust for local weather and/or site conditions; (G) High flow check valves shall be installed in or under all heads adjacent to street curbing, parking lots and where damage could occur to property due to flooding, unless controllers with flow sensor capabilities are specified that can 352 Ordinance No. Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted: Page 21 of 29 automatically shut off individual control valves when excess flow is detected; (H) Pressure compensating screens/devices shall be specified on all spray heads to reduce radius as needed to prevent overthrow onto hardscape and/or to control high pressure misting; (I) All irrigation systems shall be designed to avoid runoff onto hardscape from low head drainage, overspray and other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways or structures; (J) Rotor type heads shall be set back a minimum of four feet from hardscape; (K) The use of drip, microirrigation or pressure compensating bubblers or other systems with efficiencies of ninety percent or greater is required for all shrubs and trees. Small, narrow (less than eight feet), irregularly shaped or sloping areas shall be irrigated with drip, microspray or PC (pressure compensating) bubbler heads; (L) Trees in turf areas shall be on a separate station to provide proper deep watering. iv.Street Median Irrigation System Design. (A) No overhead sprinkler irrigation system shall be installed in median strips or in islands. (B) Median islands or strips shall be designed with either a drip emitter to each plant or subsurface irrigation. PC bubblers are acceptable for trees only. (C) High water use plants, characterized by a plant factor of 0.7 to 1.0 are prohibited in street medians. v. Drip Irrigation Design. (A) The drip system must be sized for mature -size plants. (B) The irrigation system should complete all irrigation cycles during peak use in about twelve hours. Normally, each irrigation controller should not have more than four drip stations that operate simultaneously. (C) Field -installed below -ground pipe connections shall be threaded PVC or glued PVC. Surface laid hose and tubing is not allowed. Microtube distribution is not allowed unless emitter/manifold is installed in an access box. Microtubing must be buried at least six inches below grade and the end of microtubing must be secured by a stake. The maximum length 353 Ordinance No. _ Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted: Page 22 of 29 of microtubing must be specified on the plan to be ten feet or less. (D) Proportion gallons per day per plant according to plant size. The following sizing chart is for peak water use. The low to high end of the range is according to the relative water requirements of the plants. The low end is for desert natives and the high end is for medium water use type plants. Size of Plant Large trees (over 30-foot diameter) Medium trees (about 18-foot diameter) Small trees/large shrubs (9-foot diameter) Medium shrubs (3.5-foot diameter) Small shrubs/groundcover Gallons Per Q 58+ to 97+ 21to35 6 to 10 0.8 to 1.3 0.5 or less (E) Plants with widely differing water requirements shall be valved separately. As an example, separate trees from small shrubs and cactus from other shrubs. Multiple emitter point sources of water for large shrubs and trees must provide continuous bands of moisture from the root ball out to the mature drip line plus twenty percent of the plant diameter. (F) Most plants require fifty percent or more of the soil volume within the drip line to be wetted by the irrigation system. vi.Recycled Water Specifications. (A) When a site has recycled water available or is in an area that will have recycled water available as irrigation water, the irrigation system shall be installed using the industry standard purple colored or marked "Recycled Water Do Not Drink" on pipes, valves and sprinkler heads. (B) The backup groundwater supply (well water or domestic water) shall be metered. Backup supply water is only for emergencies when recycled water is not available. (C) Recycled water users must comply with all county, state and federal health regulations. Cross connection control shall require a six-inch air gap system or a reduced pressure backflow 354 Ordinance No. _ Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted: Page 23 of 29 device. All retrofitted systems shall be dye tested before being put into service. (D) Where available, recycled water shall be used as a source for decorative water features. (E) Sites using recycled water are not exempted from the maximum water allowance, prescribed water audits or the provisions of these criteria. (F) A recycled water checklist shall be submitted upon submittal of the first plan check of the final landscape plan submittal, an example of which may be obtained from the planning department or Coachella Valley Water District. vii. Nonpotable Irrigation Water Specifications. (A) When a site is using nonpotable irrigation water that is not recycled water (from an on -site well, Bureau of Reclamation irrigation lines, or from canal water) all hose bibs shall be loose key type and quick coupler valves shall be of locking type with non -potable markings or signs to prevent possible accidental drinking of this water. (B) Sites using nonpotable irrigation water are not exempted from the maximum annual applied water allowance, prescribed water audits or the provisions of these criteria. 7. Groundwater Water Specifications. Sites using groundwater irrigation water from wells are not exempted from the maximum annual applied water allowance, prescribed water audits or the provisions of these criteria. 8. Grading Design Plan. a. For efficient use of water, grading of a project site shall be designed to minimize soil erosion, runoff, and water waste. A landscape grading plan shall be submitted as a part of the final landscaping plan submittal package. A comprehensive grading plan prepared by a civil engineer in coordination with the landscape architect satisfies this requirement. b. The grading design plan shall indicate finished configurations and elevations of the landscaped area, including the height of graded slopes, drainage patterns, pad elevations, finish grade, and stormwater retention improvements, if applicable. C. To prevent excessive erosion and runoff, it is highly recommended that project applicants: i. Grade so that all irrigation and normal rainfall remains within property lines and does not drain on to nonpermeable hardscapes; 355 Ordinance No. _ Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted: Page 24 of 29 ii. Avoid disruption of natural discharge drainage patterns and undisturbed soil; and iii.Avoid soil compaction in landscape areas. d. The grading design plan shall contain the following statement: "I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the grading plan." e. Slopes greater than twenty-five percent shall not be irrigated with an irrigation system with a precipitation rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer specifies an alternative design or technology, as part of the final landscaping plan submittal, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff must be confirmed during an irrigation audit. f. All grading must retain normal stormwater runoff and provide for an area of containment. All irrigation water must be retained within property lines and not allowed to flow into public streets or into the public right-of-way. Where appropriate, a simulated dry creek bed may be used to convey storm drainage into retention areas. A drywell shall be installed if the retention basin is to be used as a recreational area. g. Avoid mounded or sloped planting areas that contribute to runoff onto hardscape. Sloped planting areas above a hardscape area shall be avoided unless there is a drainage swale at toe of slope to direct runoff away from hardscape. h. Median islands must be graded to prevent stormwater and excess irrigation runoff. 9. Soil Analysis. a. In order to reduce runoff and encourage healthy plant growth, a soil management report shall be completed by the project applicant, or their designated agent, as follows: i. Submit soil samples to a laboratory for analysis and recommendation; ii. Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants; iii.The soil analysis shall include: (A) Determination of soil texture, indicating the available water holding capacity, (B) An appropriate soil infiltration rate (either) measured or derived from soil texture/infiltration rate tables. A range of infiltration rates shall be noted where appropriate, 356 Ordinance No. _ Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted: Page 25 of 29 (C) Measure of pH, total soluble salts, and percent organic matter; iv.The soil analysis report shall be submitted to the city as part of the final landscaping plan; v. The soil analysis report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and the irrigation plans to make any adjustments to the design plans; vi.The project applicant or his or her designated agent shall submit documentation verifying implementation of the soil analysis report recommendations to the local agency with the certificate of completion prior to final inspection. 10. Certification. An approval stamp and/or signature block from the Coachella Valley Water District and Riverside County agricultural commissioner shall be identified on the final landscaping plans. Approval of final landscaping plans from any outside agencies, if necessary, shall be obtained by the applicant prior to final approval of the plans by the planning director. D. Public Education. Publications. a. The city, county or water district will, upon request, provide information to the public regarding the design, installation, and maintenance of water efficient landscapes. b. Information about the efficient use of landscape water shall be provided to water users throughout the community. C. The landscape architect will provide a site -specific landscape irrigation package for the homeowner or irrigation system operator. The package will include a set of drawings, a recommended monthly irrigation schedule and a recommended irrigation system maintenance schedule. d. Irrigation Schedules. Irrigation schedules satisfying the following conditions shall be submitted as part of the landscape irrigation package: i. An annual irrigation program with monthly irrigation schedules shall be required for the plant establishment period, for the established landscape, and for any temporarily irrigated areas. The irrigation schedule shall: (A) Include run time (in minutes per cycle), suggested number of cycles per day, and frequency of irrigation for the station; 357 Ordinance No. Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted: Page 26 of 29 (B) Provide the amount of applied water (in hundred cubic feet) recommended on a monthly and annual basis; (C) Whenever possible, irrigation scheduling shall incorporate the use of evapotranspiration data such as those from the California Irrigation Management Information System (CIMIS) weather stations to apply the appropriate levels of water for different climates; (D) Whenever possible, landscape irrigation shall be scheduled between ten p.m. and five a.m. to avoid irrigating during times of high wind or high temperature. e. Maintenance Schedules. A regular maintenance schedule satisfying the following conditions shall be submitted as part of the landscape documentation package: i. Landscapes shall be maintained to ensure water efficiency. A regular maintenance schedule shall include but not be limited to checking, adjusting, cleaning and repairing equipment; resetting the automatic controller, aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning; and weeding in all landscaped areas. ii. Repair of irrigation equipment shall be done with the originally specified materials or their approved equivalents. 2. Information shall be provided about designing, installing, and maintaining water efficient landscapes. E. Approval of Landscaping. 1. Final landscaping plans shall be approved by the planning director. Median landscaping plans located within private streets and public rights -of - way shall be reviewed by the public works department and approved by the planning director. 2. Planning staff shall field inspect all completed landscaping for compliance with the approved final landscaping plans and site development permit. Public works staff shall inspect all median landscaping for compliance with the approved final landscaping plans. 3. Prior to inspection, the landscape architect shall provide the planning department a copy of the official certificate of completion. The certificate of completion shall include all of the following: a. Project information identifying the project's location, date of installation, and contact information for all persons involved; b. Certification by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor 358 Ordinance No. Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted: Page 27 of 29 that the landscape project has been installed per the approved final landscaping plans; C. Irrigation scheduling parameters used to set the controller. A diagram of the irrigation plan showing hydrozones shall be kept with the irrigation controller for subsequent management purposes; d. Landscape and irrigation maintenance schedule; e. Irrigation audit report (if applicable); f. Soil analysis report and documentation verifying implementation of soil report recommendations; and g. Any additional project information required by the city or local water purveyor. 4. Final certificates of occupancy may be authorized for issuance once the final landscaping plans have been approved, a certificate of completion has been submitted, and the landscaping and irrigation installation has been inspected and approved by both the city and the local water purveyor. Note: Authority cited: Section 65593, 65594, Government Code. Reference: Section 65593, 65596, 64497. (Ord. 476 § 1, 2010; Ord. 452 § 1, 2008; Ord. 392 § 3 (Exh. A)(part), 2003; Ord. 220 § 1 (Exh. A)(part), 1993) 8.13.040 Provisions for existing landscapes. A. Water Management. All existing landscaped areas, including golf courses, green belts, common areas, multifamily housing, schools, businesses, public works, parks, and cemeteries may be subject to a landscape irrigation audit at the discretion of the water purveyor if the water purveyor has determined that the annual maximum applied water allowance has been exceeded. At a minimum, the audit shall be conducted by a certified landscape irrigation auditor and shall be in accordance with the California Landscape Irrigation Auditor Handbook, the entire document which is hereby incorporated by reference. (See Landscape Irrigation Audit Handbook, Department of Water Resources, Water Conservation Office (June, 1990, Version 5.5)). B. Water Waste Prevention. Water waste resulting from inefficient landscape irrigation including run-off, low -head drainage, overspray, or other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways, or structures shall be prohibited. All broken heads and pipes must be repaired within seventy-two hours of notification. Penalties for violation of these prohibitions shall be in accord with administrative citation guidelines as outlined in Section 1.09.020. Note: Authority cited: Section 65594, Government Code. Reference: Section 65597, Government Code. (Ord. 476 § 1, 2010; Ord. 452 § 1, 2008; Ord. 392 § 3 (Exh. A)(part), 2003; Ord. 220 § 1 (Exh. A)(part), 1993) 359 Ordinance No. _ Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted: Page 28 of 29 8.13.050 Appeals. Decisions made by the planning director or public works director may be appealed by an applicant, property owner(s), or designee(s) of any applicable project to the planning commission and thereafter the city council by an application in writing to the planning director and city clerk of the city council respectively within fifteen days from the date of notification of decision. (Ord. 476 § 1, 2010; Ord. 452 § 1, 2008; Ord. 392 § 3 (Exh. A)(part), 2003; Ord. 220 § 1 (Exh. A)(part), 1993) 8.13.060 Effective date. The ordinance codified in this chapter will become effective on February 5August 17, 20160. All plans approved after Au ustF 164, 20160 are subject to the provisions of this chapter. (Ord. 476 § 1, 2010; Ord. 452 § 1, 2008; Ord. 392 § 3 (Exh. A)(part), 2003) 360 Model Water Efficient Landscape Ordinance ATTACHMENT 1 2015 Update - State Changes and Proposed Revisions Prepared by CVWD (10/2015) CVWD Ordinance 1302.1 States Proposed Revision State Updates to MWELO Language Section 0.00.010 E. 1. Applicability Section 0.00.010E.1 Section 490.1(a) Applicability a. New construction and rehabilitated landscapes for public a. New construction and rehabilitated landscapes for public 1. New development projects with an aggregate landscape area agency projects and private development projects agency projects and private development projects requiring a equal to or greater than 500 square feet requiring a building, requiring a building or landscape permit, plan check or building or landscape permit, plan check or design review; landscape permit, plan check or design review. design review; b. b. New construction and rehabilitated landscapes which are 2. Rehabilitated landscape projects with an aggregate landscape New construction and rehabilitated landscapes which are developer -installed in single-family and multi -family projects area equal to or greater than 2500 square feet requiring a building developer -installed in single-family and multi -family requiring a building or landscape permit, plan check or design or landscape permit, plan check or design review. projects requiring a building or landscape permit, plan review; c. New construction and check or design review; C. rehabilitated landscapes which are howmowner-provided New construction and rehabilitated landscapes which are and/or homeowner -hired in single family and multi -family howmowner-provided and/or homeowner -hired in single residential projects with a total landscape area equal to or family and multi -family residential projects with a total greater than 2,500 square feet requiring a building or landscape landscape area equal to or greater than 5,000 square feet permit, plan check or design review; and d.Existing landscapes requiring a building or landscape permit, plan check or limited to section 0.00.040 (B). design review; and d.Existing landscapes limited to section 0.00.040 (B). Section 0.00.020 Definitions ET Adjustment Factor - A factor of 0.5 that, when applied ET Adjustment Factor - A factor of 0.45 that, when applied to ET Adjustment Factor - means a factor of .55 for residential areas to reference evapotranspiration, adjusts for plant factors reference evapotranspiration, adjusts for plant factors and and .45 for non-residential areas, that, when applied to reference and irrigation efficiency, two major influences upon the irrigation efficiency, two major influences upon the amount of evapotranspiration, adjusts for plant factors and irrigation amount of water that needs to applied to the landscape. A water that needs to applied to the landscape. efficiency, two major influrences upon the amount of water that combined plant mix with a site -wide average 0.38 is the needs to be applied to the landscape. The ETAF for a new and basis of the plant factor portion of this calculation. The existing Special Landscape Area shall not exceed 1. The ETAF for irrigation efficiency for purpose of the ET adjustment factor existing non -rehabilitated landscapes is 0.8. is 0.75. Therefore, the ET adjustment factor (0.5) _ (0.38/0.75). Page 1 CVWD Ordinance 1302.1 States Irrigation Efficiency - The measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum irrigation efficiency for purposes of these regulations is 0.75 or 75 percent. Model Water Efficient Landscape Ordinance 2015 Update - State Changes and Proposed Revisions Prepared by CVWD (10/2015) Proposed Revision Irrigation Efficiency- The measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characterisitics and management practices. The minimum irrigation efficiency for purposes of these regulations is .75 or 75 percent for spray systems and .90 Greater irrigation efficiency can be expected from well- I or 90 percent for drip systems. designed and maintained systems. Rehabilitated Landscape - Any re -landscaping project in Rehabilitated Landscape- Any re -landscaping project in which which the choice of new plant material and/or new the choice of new plant material and/or new irrigation system irrigation system components is such that the calculation of components is such that the calculation of the site's estimated the site's estimated water use will be significantly changed. water use will be significantly changed. The new estimated The new estimated water use calculation must not exceed water use calculation must not exceed the Maximum Applied the Maximum Applied Water Allowance (MAWA) Water Allowance (MAWA) calculated for the site using a .45 ET calculated for the site using a 0.5 ET adjustment factor. adjustment factor. State Updates to MWELO Language Irrigation Efficiency - means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The irrigation efficiency for purposes of this ordinance are 0.75 for overhead spray devices and 0.81 for drip systems. Rehabilitated Landscape - means any re -landscaping project that requires a permit, plan check, or design review, meets the requirements of Section 490.1 and the modified landscape area is equal to or greater than 2,500 square feet. Page 2 362 Model Water Efficient Landscape Ordinance 2015 Update - State Changes and Proposed Revisions Prepared by CVWD (10/2015) CVWD Ordinance 1302.1 States I Proposed Revision State Updates to MWELO Language Section 0.00.30 Provisions for New or Rehabilitated Landscapes, Section B. (2) (q) Show a note on each design sheet stating, "Trees, plants, Show this note on each design sheet stating, "No permanent Nothing included walls, sidewalks and permanent structures of any kind shall structures or trees within CVWD and/or USBR easements. not be planted, installed or built in CVWD, USBR and local CVWD will not be responsible for damage or replacement of agency easements or rights of way without first obtaining any surface improvements, including but not limited to, an encroachment permit from CVWD and the local decorative concrete, landscaping, curb, gutter, sidewalks, agency." planters, gates and related improvements installed wihtin CVWD and/or USBR easments." In addition, "No trees shall be installed within 15' of a CVWD and/or USBR pipeline." Surface improvements may be installed within CVWD and/or USBR easements only upon the prior consent of CVWD, which consent may be granted or denied at CVWDs sole discretion - In the event of such consent, then a Non -Interference review letter (NIRL) may apply per Section 3.4 of CVWD's Development Design Manual. Section 0.00.30 Provisions for new or rehabilitated landscapes Section 3. Landscape Design Criteria e. Long, narrow or irregularly shaped turf areas shall not be Long, narrow or irregularly shaped turf areas shall not be Areas less than ten feet in width in any direction shall be irrigated designed because of the difficulty in irrigating uniformly designed because of the difficulty in irrigating uniformly with subsurface irrigation or other means that produces no runoff without overspray onto hardscaped areas, streets and without overspray onto hardscaped areas, streets and or overspray. sidewalks. Areas less than 8 feet in width shall not be sidewalks. Areas less than ten -feet in width shall not be designed with turf. Turf will be allowed in these areas only designed with turf. Turf will be allowed in these areas only if if irrigation design reflects the use of subsurface irrigation irrigation design reflects the use of subsurface irrigation or a or a surface flow/wick irrigation system. surface flow/wick irrigation system. Page 3 363 Model Water Efficient Landscape Ordinance 2015 Update - State Changes and Proposed Revisions Prepared by CVWD (10/2015) CVWD Ordinance 1302.1 States I Proposed Revision IState Updates to MWELO Language Section 0.00.30 Provisions for new or rehabilitated landscapes Section 3. Landscape Design Criteria f. Turf areas irrigated with spray.rotor systems must be set Possible change to comply with Riverside County Ordinance Overhead irrigation shall not be permitted within 24-inches of any back at least 24-inches from curbs, driveways, sidewalks or which states: Overhead irrigation shall not be permitted within non -permeable surface. Allowable irrigation wihin the setback from any other area that may result in runoff of water onto 24-inches of any non -permeable surface including DG walking non -permeable surfaces may include drip, drip line, or other low streets. An undulating landscape buffer area created by the trails or paths. There are no restrictions on the irrigation system flow non -spray technology. The setback area may be planted or setback shall be desgined with rocks, cobble or type if the landscape area is adjacent to permeable surfacing unplanted. The surfacing of the setback may be mulch, gravel. or decomposed granite and/or can be landscaped with drip and no overspray and runoff occurs. other porous material. These restrictions may be modified if: 1. the irrigated shrubs/accents or covered with a suitable ground landscape area is adjacent to permeable surfacing and no runoff cover. occurs; or 2. the adjacent non -permeable surfaces are designed and constructed to drain entirely to landscaping; or 3. the irrigation designer specifies an alternative design or technology, as part of the Landscape Documentation Package and clearly demonstrates strict adherence to irrigation system design criteria in Section 492.79a)(1)(1). Prevention of overspray and runoff must be confirmed during the irrigation audit. Section 0.00.30 Provisions for new or rehabilitated landscapes Section B 3. Landscape Design Criteria h. The use of a soil covering mulch or a mineral groundcover The use of a soil covering mulch or a mineral groundcover of a A minimum three-inch layer of mulch shall be applied on all of a minimum two-inch depth to reduce soil surface minimum of three-inch depth to reduce soil surface exposed soil surfaces of planting areas except in turf areas, evaporation is required around trees, shrubs and on evaporation is required around trees, shrubs and on creeping or rooting groundcovers, or direct seeding applications nonirrigated areas. The use of boulders and cobble shall be nonirrigated areas. The use of boulders and cobble shall be where mulch is contraindicated. To provide habitat for beneficial considered to reduce the total vegetation area considered to reduce the total vegetation area. insects and other wildlife, up to 5% of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such. Page 4 364 Model Water Efficient Landscape Ordinance 2015 Update - State Changes and Proposed Revisions Prepared by CVWD (10/2015) CVWD Ordinance 1302.1 States I Proposed Revision IState Updates to MWELO Language Section 0.00.30 Provisions for new or rehabilitated landscapes Section B 3. Landscape Design Criteria i. Annual color plantings shall be used only in areas of high Annual color plantings shall be used only in areas of high visual Nothing included visual impact close to where people can appreciate them. impact close to where people can appreciate them and must be Otherwise, drip irrigated, perennial plantings should be the irrigated with drip, microirrigation or other systems with primary source of color. efficiencies of 90 percent or greater. Otherwise, drip irrigated, perennial plantings should be the primary source of color. Section 0.00.30 Provisions for new or rehabilitated landscapes Section B 3. Landscape Design Criteria I. No Language High water use plants, characterized by a plant factor of 0.7 to High water use plants, characterized by a plant factor of 0.7 to 1.0, 1.0, are prohibited in street medians. are prohibited in street medians. Section 0.00.30 Provisions for new or rehabilitated landscapes Section E. Irrigation Design Plan Section 492.7 Irrigation Design Plan (a)(1)(A) Separate landscape water meters shall be installed for all Separate landscape water meters shall be installed for all Landscape water meters, defined as either a dedicated water projects except single family homes. When irrigation water projects except single family homes with a landscape area less service meter or private submeter shall be installed for all non - is from a well, the well shall be metered. The irrigation than 5,000 square feet. Landscape meters for single family residential irrigated landscapes of 1,000 sq. ft. but not more than design plan shall be drawn on project base sheets. It should homes with a landscape area over 5,000 square feet may be 5,000 sq.ft. (the level at which Water Code 535 applies) -and be separate from, but use the same format as, the served by a permanent service connection provided by the residential irrigated landscapes of 5,000 sq. ft. or greater. A landscape design plan. The irrigation system specifications District or be a privately owned submeter installed at the landscape water meter may be either: 1. a customer service meter shall accurately and clearly identify the following: irrigation point of connection on the customer service line. dedicated to landscape use provided by the local water purveyor;or When irrigation water is from a well, the well shall be metered. 2. a privately owned meter or submeter. The irrigation design plan shall be drawn on project base sheets. It should be separate from, but use the same format as, the landscape design plan. The irrigation system specifications shall accurately and clearly identify the following: Section 0.00.30 Provisions for new or rehabilitated landscapes Section E. Irrigation Design Plan s. High flow sensors that detect and report high flow High flow sensors that detect and report high flow conditions Flow sensors that detect high flow conditions created by system conditions created by system damage or malfunction shall created by system damage or malfunction shall be specified for damage or malfunction are required for all on non-residential be specified for all projects excluding single family and all projects where a dedicated landscape irrigation meter is landscapes and residential landscapes of 5,000 sq. ft. or larger. multi -family dwellings. required. Page 5 365 366 City of La Quinta CITY COUNCIL MEETING: July 19, 2016 STAFF REPORT AGENDA TITLE: ADOPT A RESOLUTION TO UPDATE CITY'S USER AND REGULATORY FEE SCHEDULE BASED ON 2016 COST OF SERVICE STUDY RECOMMENDATION Open the public hearing, accept public testimony, and continue this item to the August 2, 2016, City Council meeting. EXECUTIVE SUMMARY On July 15, 2014, the City Council updated its user and regulatory fee schedule; the Council also directed staff to periodically update the fee schedule to accommodate Consumer Price Index (CPI) increases and other factors. On January 19, 2016, the Citizen Advisory Committee presented a report outlining its findings and recommendations, which included recommendations regarding full cost recovery for all development -related services. The City retained ClearSource Financial Consulting (ClearSource) to assist with this update and prepare a User and Regulatory Fee Study (Study) (Attachment 1). On June 1, 2016, staff notified stakeholder groups, which included the Gas Company, the Building Industry Association - Riverside County Chapter (BIA), and Desert Valley Builders Association (DVBA). On July 5, 2016, the DVBA requested additional time to review the Study. FISCAL IMPACT None at this time. However, the Study forecasts three potential revenue increase options, including: $177,000, $360,000, and $489,000. In addition, there are other proposed modifications based upon full cost recovery methodology. BACKGROUND/ANALYSIS The purpose of the Study is to examine the costs of providing fee -related services so that Council can make deliberate decisions about the recovery of costs to maintain fiscal sustainability and respond to changes in resident needs, changes in regulations, and changes in the economy. The City's user and regulatory fees were last updated on July 15, 2014. Council also directed staff to periodically update the fee schedule to accommodate CPI increases and other factors. On January 19, 2016, the Citizen Advisory 367 Committee presented a report outlining its findings and recommendations, which includes a recommendation for full cost recovery for all development -related services. ClearSource has a number of years' experience performing these studies and previously conducted the Study for the City in 2014 and 2012. On June 1, 2016, staff provided notification in accordance with Government Code Section 66016 to the Gas Company, BIA, and DVBA in advance of a study session item held on June 21, 2016, and a scheduled public hearing on July 19, 2016. On July 5, 2016, Ms. Gretchen Gutierrez from the DVBA requested additional time to review the Study prior to the public hearing. Based upon the request, an extension was granted to ensure ample review time prior to presenting the item for Council consideration. Ms. Gutierrez's' request was received after publication of the public hearing notice. It is recommended that Council open the public hearing for the purpose of receiving public testimony and keep it open until staff may present its findings and recommendations at the August 2, 2016 meeting. ALTERNATIVES Due to the DVBA's request to extend the review period, staff does not recommend an alternative. Prepared by: Gil Villalpando, Management Specialist Approved by: Tim Jonasson, Design and Development Director Attachment 1: City of La Quinta -User and Regulatory Fee Study- Draft- June 2016 368 - Gb%I of the DESERT City of La Qu i nta User and Regulatory Fee Study Draft — Subject to Revision - June 2016- �"WbCIearSource Financial Consulting 369 Table of Contents ExecutiveSummary.......................................................................................................................................1 LegislativeGuidance.....................................................................................................................................6 Study Methodology and Data Sources..........................................................................................................7 GeneralFindings...........................................................................................................................................9 BuildingFees.............................................................................................................................................9 PlanningFees............................................................................................................................................9 PublicWorks Fees...................................................................................................................................11 GeneralPlan Surcharge...........................................................................................................................12 Technology Enhancement Fee................................................................................................................13 NPDES Ongoing Annual Inspection Fee..................................................................................................14 Short -Term Vacation Rental Permit Fee.................................................................................................15 Vehicle Impound Cost Recovery Fee......................................................................................................16 Recommendations......................................................................................................................................17 Appendix.....................................................................................................................................................18 370 Executive Summary Background The City of La Quinta conducts periodic examinations of the various user and regulatory fees it collects. Routinely examining the costs of providing fee -related services and making deliberate decisions about the recovery of costs helps cities maintain fiscal sustainability and respond to the changing needs of citizens, changes in regulations, and changes in local and regional economies. The current study examines the City's costs of providing: • Planning, Building, and Land Development Engineering Plan Review and Permitting Services • National Pollutant Discharge Elimination System (NPDES) Ongoing Inspection Services • Short -Term Vacation Rental Permitting Services • Vehicle Impound and Release Services • General Administrative (Clerk) Services The outcomes and recommendations of the study are intended to comply with applicable federal, state, and local laws including providing confirmation that the proposed fees (charges) recommended as a result of this study are not a tax as defined in Article 13C of the California Constitution and that the proposed fees are no more than necessary to the cover the reasonable costs of the City's activities and services addressed in the fees. Additionally, this report is intended to show that the manner in which the costs are allocated to a payor bear a fair and reasonable relationship to the payor's burdens on, or benefits received from the activities and services provided by the City of La Quinta. The primary goals of this study were to: • Identify the full cost of providing fee -related services • Determine current cost recovery levels • Examine existing fee calculation methodologies and modify, if necessary, to more closely align calculation methodology to the cost of services being provided • Provide an updated schedule of fees for City Council consideration • Compare current and proposed fees to those imposed by neighboring communities • Estimate anticipated revenue impacts of modifying fees • Deliver an updated schedule of fees after Council review and adoption of any fee modifications 1 371 Key Findings Development Services Fees Fully -burdened and targeted hourly rates for service — The table below identifies the fully -burdened hourly rates calculated as part of the study, and targeted hourly rates for service that assume continued use of the City's policy of setting fees using a uniform hourly rate. If the City continues its policy of setting fees using a uniform hourly rate, most of the fees examined in this study will increase by 5%. Comparison of current and targeted hourly rates for service — The table below compares the current hourly rates used for fee calculations and targeted hourly rates that assume continued use of the City's policy of setting fees using a uniform hourly rate. Examples of benefits and drawbacks of continuing the City's current fee setting policy • Benefits: o Ease of administering deposits that involve review from multiple departments o Ease of explaining fee calculations to interested parties o Uniform pattern of fee increases provides consistency to the development community • Drawbacks: o Planning fees and Land Development Engineering fees are set to recover less than the full costs of service. Since fees do not recover costs, other City resources are required to fund these services. Typically, any shortfalls are covered by the General Fund. o Use of General Fund resources to cover services that provide specific benefits o Inconsistent treatment of differing development service categories (e.g. recover 100% of costs of building services and less than 100% of costs of planning services) 2 372 Revenue Impacts of Proposed Fee Changes — Forecasting revenue impacts from proposed fee changes is a challenging and subjective exercise, due to annual changes in development volume and project types. However, the table below provides a rough estimate of anticipated revenue impacts of the fee changes proposed assuming continued use of the City's policy of setting fees using a uniform hourly rate. The estimates assume similar development patterns as those experienced over the previous two years at the City. Fee Type ImpactRevenue ... Fee Changes Building $50,000 Planning $96,000 Public Works $30,000 General Plan Surcharge $89,000 Technology Enhancement Surcharge $25,000 Total $290,000 Overview of Significant Modifications Proposed The following chart illustrates some of the key modifications proposed for Development Services fees assuming continued use of the City's policy of setting fees using a uniform hourly rate. Additional discussion is contained in the narrative of this report. Aggregate Description Building Planning Public Works Estimated Fee Change t 5% 'I 34% 15% 'i` 9% Est. Cost Recovery Before Add'I Subsidies for Minor 100% 77% 90% 89% Permits Est. Cost Recovery After Add'1 Subsidies for Minor 100% 65% 90% 86% Permits Note: The City has historically elected to recover less than 50% cost recovery for several of its high volume "minor" planning fee categories. This additional subsidy for minor permits reduces the overall cost recovery level for planning fee -related services. Expedited Plan Review Fee A proposed addition to the Public Works fee schedule is the "Expedited Processing Fee" which allows applicants to request expedited services. If the City has the in-house capacity or available consultant resources to accept the request for expedited services the project review process can be fast -tracked. General Plan Maintenance Fee • A General Plan Maintenance Fee is proposed in the amount of $1.98 per $1,000 of new construction valuation. Only a portion of the total estimated costs of maintaining and updating 3 373 the General Plan or Specific Plans are intended to be recovered from the fee. The fee is anticipated to generate roughly $89,000 per year. Amounts collected will be segregated and used toward maintaining and updating the City's General Plan and or Specific Plans. The fee will be collected on all new construction building permits issued by the City. Technology Enhancement Fee • A Technology Enhancement Fee is proposed in the amount of 2% of the development permit fee or $5, whichever is less. Amounts collected from this surcharge are intended to provide roughly $25,000 additional dollars per year that should be dedicated specifically toward hardware, software, or services that enhance the City's ability to effectively serve the development community through the use of technology. The fee will be collected on all development permits issued by the City. Regional Fee Comparison Although fees imposed by other jurisdictions have no direct link to the City of La Quinta's costs of providing services, frequently, a city's department representatives and elected officials will use the fees imposed by other agencies to assist in setting their own targeted cost recovery levels. In November 2014, ClearSource completed a regional study that examined estimated development fees for a typical subdivision in each City within the Coachella Valley as well as unincorporated Riverside County. The results of the study indicated that the aggregate development fees for the City of La Quinta were in the mid -range of the agencies examined. For individual fees, the City of La Quinta's fees may fall within the lower, middle, or upper range of amounts collected. This is a common finding due to the many factors that influence fees for specific services, including but not limited to, service delivery methods, community values, organizational structure, and cost recovery goals. NPDES Fees In compliance with mandates of the Federal Water Pollution Control Act of 1972 ("Clean Water Act"), the City oversees regulation and inspection of pollutant discharge potential of businesses throughout the City. The City retains a contract service provider to conduct required ongoing inspections. The proposed fees are intended to recover the contract service costs and the minimal internal costs currently required to administer the contract. The City does not currently collect fees for these services. 4 374 Short -Term Vacation Rental Permit Fee The City regulates short-term vacation rentals of private residences within the City. Although short- term rentals are subject to payment of transient occupancy taxes, the only costs considered in this study are the regulatory costs associated with the short-term vacation rental program, including, but not limited to, assisting short-term renters with the vacation rental registration process and minimizing the negative secondary effects of such use on surrounding residential neighborhoods through active education and code enforcement efforts. The City's program is in its infancy. It has experienced tremendous growth over the last several years and significant resources are required to regulate and administer the program. The current annual fee for permit issuance is $25 per year. The proposed annual fee is $187 per year. The proposed fee represents recovery of 100% of the current estimated costs of providing these services. *Proposed technology enhancement fee would apply to all renewals. Proposed fee is the lesser of 2% of permit or $5. Vehicle Impound Cost Recovery Fee Cities throughout California and the Coachella Valley attempt to recover all, or a portion of, the administrative costs of impounding and releasing vehicles through fees commonly identified as vehicle impound fees or vehicle release fees. The City of La Quinta and several other cities in the Coachella Valley formally identify this fee as the "Vehicle Impound Cost Recovery Fee". The City's proposed fee is at the upper end of the spectrum, but not the highest, of fees charged for similar services. The current fee is $195. The proposed fee is $208. The proposed fee does not exceed the City's estimated cost of providing the services for which the fee is collected. The fee change corresponds to the increase in Riverside County Sheriff's personnel contracted by the City for police services. Based upon the number of impounds staff estimates for Fiscal Year 2016/17, the new fee may generate roughly $5,000 in additional revenue per year. 5 375 Legislative Guidance The objectives of the study, the methodology used to complete the study, and the proposed fees were significantly influenced by Article 13C of the California Constitution and Section 66014 of the California Government Code. Article 13C states that the local government bears the burden of proving by a preponderance of the evidence that a levy, charge, or other exaction is not a tax, that the amount is no more than necessary to cover the reasonable costs of the governmental activity, and that the manner in which those costs are allocated to a payor bear a fair or reasonable relationship to the payor's burdens on, or benefits received from, the governmental activity. Additionally, Article 13C identifies the following as items that are not defined as taxes: 1) A charge imposed for a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege. 2) A charge imposed for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product. 3) A charge imposed for the reasonable regulatory costs to a local government for issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof. 4) A charge imposed for entrance to or use of local government property, or the purchase, rental, or lease of local government property. 5) A fine, penalty, or other monetary charge imposed by the judicial branch of government or a local government, as a result of a violation of law. 6) A charge imposed as a condition of property development. 7) Assessments and property -related fees imposed in accordance with the provisions of Article XIII D. Section 66014(a) of the California Government Code includes the following, "Notwithstanding any other provision of law, when a local agency charges fees for zoning variances; zoning changes; use permits; building inspections; building permits; ...the processing of maps under the provisions of the Subdivision Map Act...; or planning services...; those fees may not exceed the estimated reasonable cost of providing the service for which the fee is charged, unless a question regarding the amount of the fee charged in excess of the estimated reasonable cost of providing the services or materials is submitted to, and approved by, a popular vote of two-thirds of those electors voting on the issue. 6 376 Study Methodology and Data Sources The study calculated the estimated reasonable cost of providing fee -related services and activities (services). The majority of these services are commonly identified as development review services. Broad categories of development review services include, project entitlement review, review of requests for land dedications, parcel mergers, lot line adjustments, encroachment in the public right-of-way, and building permitting, plan review, and inspection services. Generally, the estimated reasonable cost of providing the fee -related services and activities examined in the study can be calculated as the product of the estimated labor time required to process a typical request for service and the composite fully -burdened hourly labor rate of the division responsible for providing services. The estimated reasonable cost of service also includes costs or fees imposed by outside agencies or contract service providers used by the City to provide the requested services. A combination of sources were used to complete the analysis and develop the findings and recommendations of this study. The data sources included, but were not limited to: • Adopted budgets, actual expenditure history, and personnel salary and benefit information. • Historical project volume and revenues from fees. • Current schedule of fees for each department. • Citywide cost allocation plan. • On -site and telephone interviews with City staff. • Information contained in the California Constitution and the California Government Code. The following page provides a summary of the steps utilized to complete this study. 377 Summary of methodology used to calculate estimated costs of service and cost recovery levels Step One Identify annual hours spent providing -> fee services for each division Step Two Identify annual cost of providing fee services for each division This information is developed and tested using a combination of interviews, questionnaires, historical project information, and historical revenue information. This information is developed and tested using a combination of information found in the City's adopted budget, expenditure history, and the overhead cost plan. Step Three Calculate the estimated hourly rate -> Annual cost _ Annual hours = Hourly rate using information from Steps 1 and 2 Step Four Estimate labor time required to 4 This information is developed and tested using a process individual requestfor service combination of interviews, questionnaires, commonly - used measures, and information developed in Step 1. Step Five Calculate estimated cost of service -> Hourly rate * Labor hours = Cost of service using information from Steps 3 and 4 Step Six Calculate current cost recovery level 4 for a specific service Step Seven Use laws, industry standards, goals 4 and policies, and historical trends to determine targeted cost recovery Step Eight Test to confirm forecast revenue from fees will not exceed program costs Current fee _ Cost of service = Current Cost recovery Proposed fee _ Cost of service = Targeted Cost Recovery Use historical permit volume and proposed fees to forecast anticipated revenue from fees. Forecast revenues should not exceed program costs. 8 378 General Findings Building Fees Building Division staff provide plan check and inspection services for all new construction, remodels, and additions throughout La Quinta, enforcing the provisions of the California Building Standards Code. Additionally, the Division serves as a primary building code resource to contractors, architects, engineers, developers, business owners, and homeowners in La Quinta. Roughly 100 individual building fee categories were examined as part of the study. Significant findings include: • Current cost recovery is roughly 95% for the majority of fees examined • The calculated fully -burdened rate for fee -related building services is $152 per hour. • The majority of proposed fees target recovery of 100% of the estimated cost of service. • Proposed fees for new construction projects valued at less than $5,000 target recovery of between 25% and 50%. • If the proposed fees are adopted, the estimated revenue impact of the proposed changes is roughly $50,000. This change is the result of increasing most fees by 5%. Planning Fees The Planning Division leads the City's current and long-range planning efforts, including processing and review of applications for development within the City of La Quinta. The Division provides staff support to the Planning Commission and City Council through the processing of development permits, zoning text amendments, use permits, and other land division entitlements. More than 50 individual planning fee categories were examined as part of the study. Significant findings include: • The cost of service analysis showed the City's current fees recover less than the estimated cost of service for almost all fee -related planning services. The causes of the under -recovery are two -fold. They are identified below: o The use of a uniform hourly rate across all development units results in under -recovery of the costs of providing Planning services o The existing fees are based on service time estimates that have been recalibrated across-the-board as part of this study. Many of the recalibrations result in an increase in the estimated hours required to process a typical request for service than was assumed 9 379 in the prior study. As estimated service hours increase, the cost recovery rate from existing fees decreases. • The calculated fully -burdened rate for fee -related planning services is $197 per hour. The targeted rate used for fee setting purposes is $152 per hour. • The majority of proposed fees target recovery of 77% of the estimated cost of service. • Proposed fees for certain project types are set at fixed levels that result in cost recovery levels less than 77%. The majority of these fees are set at an amount that recovers roughly one -hour of City staff costs. The services are: o Standard -type Minor Temporary Use Permits — Proposed fee is $200 (20% cost recovery) o Minor Use Permit — Proposed fee is $200 (13% cost recovery) o Minor Use Permit Amendment — Proposed fee is $200 (20% cost recovery) o Sign Permit — Proposed fee is $200 (29% cost recovery) o Director's Determination — Proposed fee is $200 (25% cost recovery) o Certificate of Compliance — Proposed fee is $200 (20% cost recovery) o Zoning Letter (Basic Property Information) — Proposed fee is $200 (41% cost recovery) o Historical Landmark Designation or Certificate of Appropriateness — Proposed fee is $1,000 (39% cost recovery) • If the proposed fees are adopted, the estimated revenue impact of the proposed changes is roughly $100,000. This change is the result of: o Increasing the underlying hourly rate for services by 5% o Increasing underlying service times for the majority of the fee categories to account for the current anticipated level of effort required to process project applications o Setting hourly fees based on the average labor time required to process a typical request for service, rather than the minimum estimated labor time required to process a typical request for service. The City of La Quinta values its development community, and strives for cooperative and effective relationships with its contractors, architects, engineers, developers, business owners, and homeowners. As part of its commitment to providing premier level development review services, to encourage complete applications, and to increase the speed of the development review process, the City encourages pre -application meetings. The City has targeted 0% recovery from fees for the costs of conducting pre -application related services. 10 380 Public Works Fees The Public Works Department provides numerous fee -related private development services. The broad categories of these services include, but are not limited to, improvement plan check, map check, permits (grading, encroachment, and driveway), and land action review (i.e. dedications, parcel mergers and lot line adjustments). More than 50 individual public works fee categories were examined as part of the study. Significant findings include: • Current cost recovery is roughly 86% for the majority of fees examined. This under -recovery is primarily the result of setting fees using a uniform hourly rate for all development functions rather than the fully -burdened hourly rate for public works fee -related services. • The calculated fully -burdened rate for fee -related planning services is $169 per hour. The targeted rate used for fee setting purposes is $152 per hour. • The majority of proposed fees target recovery of 90% of the estimated cost of service. • A proposed addition to the Public Works fee schedule is the "Expedited Processing Fee" which allows applicants to request expedited services. If the City has the in-house capacity or available consultant resources to accept the request for expedited services the project review process can be fast -tracked. The proposed fee is 50% over the standard plan review fee. This is consistent with the amount charged by many other cities throughout the State. Justification for the increased fee includes: o Existing staffing levels are funded assuming a certain expected project turn -around time, if the development community is willing to pay for faster turnaround the City may be able to increase staffing levels to accommodate the service level expectations o Overtime may be required o Additional consultant staff may be required • Minor refinements were made to the traffic control inspection fee and the fee for inspecting street cuts or bore pits. • If the proposed fees are adopted, the estimated revenue impact of the proposed changes is roughly $30,000. This change is the result of increasing most fees by 5%. 11 381 General Plan Surcharge California Government Code Section 66014 states that fees collected by an agency may "...may include the costs reasonably necessary to prepare and revise the plans and policies that a local agency is required to adopt before it can make any necessary findings and determinations." Every county and city in California is required by State law to have a General Plan, and the plan is required to be up to date. The General Plan discusses the City's goals, policies, and implementation actions regarding all future development. The Zoning Ordinance establishes the development regulations to implement the General Plan, and must be consistent with the Plan. Cities and counties throughout California often attempt to recover portions of the costs of updating and maintaining these plans through fees collected on various development projects. As the list below indicates, a similar fee is currently collected by several cities in the Coachella Valley and other cities in California. The list is not intended to be comprehensive: Cities in the Coachella Vallev that Collect a General Plan Surcharee or Similar Fee • Cathedral City • Desert Hot Springs • Palm Springs Examples of Other California Cities that Collect a General Plan Surcharge or Similar Fee • Los Angeles • Oakland • Sacramento • San Diego • San Jose A General Plan Maintenance Fee is proposed in the amount of $1.87 per $1,000 of new construction valuation. Only a portion of the total estimated costs of maintaining and updating the General Plan or Specific Plans are intended to be recovered from the fee. The fee is anticipated to generate roughly $89,000 per year. Amounts collected will be segregated and used toward maintaining and updating the City's General Plan and or Specific Plans. The fee will be collected on all new construction building permits issued by the City. 12 382 Technology Enhancement Fee A Technology Enhancement Fee is proposed in the amount of 2% of the development permit fee or $5, whichever is less. Amounts collected from this surcharge are intended to provide roughly $25,000 additional dollars per year that should be dedicated specifically toward hardware, software, or services that enhance the City's ability to effectively serve the development community through the use of technology. The fee will be collected on all development permits and short-term vacation rental permits issued by the City. Cities and counties throughout California often attempt to recover portions of the costs of technology enhancement through fees collected on various project types. As the list below indicates, a similar fee is currently collected by several cities in the Coachella Valley and other cities in California. The list is not intended to be comprehensive: Agencies in the Coachella Valley that Collect a Technology Enhancement Fee or Similar Fee • Palm Springs • Riverside County Examples of Other California Cities that Collect a Technoloev Enhancement Fee or Similar Fee • Berkeley • Davis • Elk Grove • San Carlos • Sunnyvale 13 383 NPDES Ongoing Annual Inspection Fee In compliance with mandates of the Federal Water Pollution Control Act of 1972 ("Clean Water Act"), the City oversees regulation and inspection of pollutant discharge potential of businesses throughout the City. The City retains a contract service provider to conduct required ongoing inspections. The proposed fees are intended to recover the contract service costs and the minimal internal costs currently required to administer the contract. If adopted, the proposed fee would most likely be billed annually, at the time of business license issuance or renewal. Similar fees are collected by agencies throughout the State, however it does not appear that a similar fee has been adopted by neighboring agencies within the Coachella Valley'. The table below summarizes the proposed fees. The appendix of this report details the cost of service calculation. $300 $250 $200 $150 $100 $50 $0 NPDES Ongoing Inspection Fee La Quinta Redlands - La Quinta Redlands - Grand La Quinta Redlands - San Juan La Quinta (Current) Low Risk (Prop.) Medium Terrace (Prop.) Haz High Risk Capistrano (Prop.) Haz Food Svc Risk Mtl's - 3yr Mtl's - 1yr ' ClearSource contacted neighboring cities within the Coachella Valley to determine if fees were charged for ongoing NPDES inspections. None of the staff members contacted knew of a similar fee imposed by their cities. 14 384 Short -Term Vacation Rental Permit Fee The City regulates short-term vacation rentals of private residences within the City. Although short- term rentals are subject to payment of transient occupancy taxes, the only costs considered in this study are the regulatory costs associated with the short-term vacation rental program, including, but not limited to, assisting short-term renters with the vacation rental registration process and minimizing the negative secondary effects of such use on surrounding residential neighborhoods through active education and code enforcement efforts. The City's program is in its infancy. It has experienced tremendous growth over the last several years and significant resources are required to regulate and administer the program. The current annual fee for permit issuance is $25 per year. The proposed annual fee is $187 per year with an additional technology enhancement fee of roughly $4. The proposed fee represents recovery of 100% of the current estimated costs of providing these services. *Proposed technology enhancement fee would apply to all renewals. Proposed fee is the lesser of 2% of permit or $5. $250 $200 $150 $100 $50 $0 Short -Term Vacation Rental Permit Fees (Amounts shown do not include business license or TOT fees) La Quinta (Current) Rancho Mirage Indio La Quinta (Proposed) Palm Springs 15 385 Vehicle Impound Cost Recovery Fee Section 22850.5(a) of the California Vehicle Code states, "A city ... may adopt a regulation, ordinance, or resolution establishing procedures for the release of properly impounded vehicles and for the imposition of a charge equal to its administrative costs relating to the removal, impound, storage, or release of the vehicles...." Cities throughout California and the Coachella Valley attempt to recover all, or a portion of, the administrative costs of impounding and releasing vehicles through fees commonly identified as vehicle impound fees or vehicle release fees. The City of La Quinta and several other cities in the Coachella Valley formally identify this fee as the "Vehicle Impound Cost Recovery Fee". The City's proposed fee is at the upper end of the spectrum, but not the highest, of fees charged for similar services. The current fee is $195. The proposed fee is $208. The proposed fee does not exceed the City's estimated cost of providing the services for which the fee is collected. The fee change corresponds to the increase in Riverside County Sheriff's personnel contracted by the City for police services. Based upon the number of impounds staff estimates for Fiscal Year 2016/17, the new fee may generate roughly $5,000 in additional revenue per year. $300 $250 $200 $150 $100 $50 $0 Vehicle Impound Cost Recovery Fee Coachella Rancho Indian Palm Cathedral Palm La Quinta La Quinta Indio Mirage Wells Springs City Desert (Current) (Proposed) 16 386 Recommendations The fees included as part of this study are set at the direction of the City Council. Consequently, the City Council may adopt fees and modify them at a future date as costs of service change, city policies or goals change, project volumes change, or service recipient feedback is received. If the City decides to adopt modified fees it should: • Ensure that City staff begin fee collections using updated fee schedules once the adopted fees are effective. • Actively monitor and bill for deposit -based fees - Fees for highly variable services are often set to recover the estimated full cost of service, using a base fee with hourly billing methodology. In order to recover the targeted amounts expected from these fees, the City should be diligent about tracking time for planning fees and requesting additional amounts for projects with costs exceeding those collected via the base fee. • Periodically Review and Adjust Fees and Calculation Methodologies — As part of this study, several changes were made to fee calculation methodologies. These changes were made in an effort to more closely align fees to the services provided. The city should continue its proactive efforts to refine fee structures to reflect the review and permitting services provided by the city. Additionally, the fee schedule allows for hourly billing of projects that fall outside the scope of those considered when developing the fee schedule. Also, if fees for services are unintentionally omitted from the adopted fee schedule, they should be added to the fee schedule as part of a future update. • Monitor feedback and permit statistics - Monitor permit and application volumes and homeowner/contractor/applicant feedback to determine if fee modifications are resulting in any unanticipated changes in project frequency and to increase the level of detail available for revenue forecasting. Additionally, the City may consider the following: • Adjust fees on an annual basis using inflationary index - The City may continue its policy of adjusting fees to maintain pace with regional cost inflation. • Conduct future fee studies on regular basis — In order to avoid situations where cost recovery levels fall below full or targeted levels, or exceed the cost of providing the services for which the fees are charged, the City should consider conducting future fee studies periodically. Cities often conduct cost of service studies every two or three years or as a result of significant changes in organizational structure or service provision. 17 387 Appendix The appendix provides detailed analytical findings from the study, including the amount of cost, or estimated cost, required to provide the services for which the fee or service charge is levied and the revenue sources anticipated to provide the service, including General Fund revenues. For any fees targeted to recover less than 100% of the estimated reasonable cost of service, it is anticipated that General Fund revenues of the City will fund the difference between the targeted recovery level and 100% recovery of the estimated cost of service. These amounts are identified in the Working Version of the Master Fee Schedule included in this appendix. Additionally, the appendix includes the Master Fee Schedule proposed for adoption by the City Council. 18 388 Appendix Table of Contents 389 Calculation of Fully -Burdened Hourly Rates 390 Calculation of Fully -Burdened Hourly Rates Building Fees 391 City of La Quinta Comprehensive Fee and Rate Study Allocation of Annual Labor Effort (Building) Plans Contract Position Calculation of Productive Hours 00 AnnualHours- Standard 2,080 2,080 2,080 2,946 6,968 16,154 Less: Annual Leave 280 280 280 - 798 1,638 1,800 1,800 2,946 6,170 14,516 Productive Hours 1,800 Indirect Activities and Services General Administration and Management 354 100 100 - 1,963 2,517 Certification and Training 34 48 48 104 234 Non -Departmental General City Activities - - - 120 120 Long-range Planning 120 120 Capital Projects - - - 40 40 Code Enforcement and Compliance 60 48 48 390 546 Code, Policies, and Procedures Update 20 48 48 80 196 Public Info - Non-Dev Related 39 100 100 126 365 Public Info - Dev Related w/out active app 70 48 48 1,391 1,557 392 392 - 4,333 5,694 Total Indirect Activities and Svcs Work Hours 577 Direct Hours 1,223 1,408 1,408 2,946 1 1,837 8,822 Salary 80,194 58,382 59,902 - 259,268 $ 457,745 Benefits 32,524 20,820 20,820 - 93,535 $ 167,699 Contract Services - - - 330,000 - $ 330,000 112,718 79,202 80,722 330,000 352,803 $ 955,445 Total Indirect Activities and Services General Administration and Management 20% 6% 6% 0% 41% 18% Certification and Training 2% 3% 3% 0% 2% 1% Non -Departmental General City Activities 0% 0% 0% 0% 2% 1% Long-range Planning 0% 0% 0% 0% 2% 1% Capital Projects 0% 0% 0% 0% 1% 0% Code Enforcement and Compliance 3% 3% 3% 0% 5% 3% Code, Policies, and Procedures Update 1% 3% 3% 0% 2% 1% Public Info - Non-Dev Related 2% 6% 6% 0% 2% 2% Public Info - Dev Related w/out active app 4% 3% 3% 0% 19% 8% Total Indirect Activities and Svcs Work Hours 32% 22% 22% 0% 76% 35% Direct Hours 1 68% 78% 78% 100% 24% 65% Input cells shaded in gray 392 City of La Quinta Comprehensive Fee and Rate Study Calculation of Fully -Burdened Hourly Rate (Building) Labor Expenditures and Professional Services Expenditures [a] Salary $ 457,745 Benefits $ 167,699 Contract Services $ 330,000 [b] Total $ 955,445 Recurring Non -Labor Expenditures [c] Description Building Subscrip & Publications $ 1,000 $ - $ 1,000 Plan Check $ 295,000 $ (295,000) $ - [d] Travel & Training $ 2,000 $ $ 2,000 Membership Dues $ 600 $ $ 600 Operating Supplies $ 1,000 $ $ 1,000 Information Tech Charges $ 22,700 $ $ 22,700 Facility & Fleet Maintenance $ 10,000 $ $ 10,000 Total $ 332,300 1 $ (295,000)1 $ 37,300 Non -Labor Building Support Provided via Community Development Administration Budget Unit (e.g. Bldg Official and Permit Technicians) Description NEE -Labor Bldg Support from CD Admin $ 286,577 [e] Total 1 $ 286,577 Estimated Citywide Overhead DescriptionNow Estimated Citywide Overhead $ 181,471 [f] Total 1 $ 181,471 Calculation of Fully -Burdened Hourly Rate Input cells shaded in gray 393 City of La Quinta Comprehensive Fee and Rate Study Calculation of Fully -Burdened Hourly Rate (Building) [a] Forecasted labor expenditures for Fiscal Year 2015/16. Includes portion of Community Development Administration. See worksheet labeled "Community Development Administration Allocation of Annual Labor Effort". [b] Represents average between amount budgeted for prior and current year, and amounts actually expended for FY 13/14 and FY 14/15. [c] Source: Fiscal Year 2015/16 Adopted Budget. [d] Amounts accounted for in labor and professional services expenditures section. Adjusted to avoid double counting of expenditures. [e] Includes estimated portion of Community Development Administration services provided to Building. See worksheet labeled "Community Development Administration Allocation of Divisional Costs to Functional Units Served." [f] Source: Citywide cost allocation plan. [g] Source: Annual labor time questionnaires and interview responses from City staff. Input cells shaded in gray 394 Calculation of Fully -Burdened Hourly Rates Planning Fees 395 City of La Quinta Comprehensive Fee and Rate Study Allocation of Annual Labor Effort (Planning) Position Principal Planner Principal Planner Contract Svcs Admin (6001) Total Calculation of Productive Hours AnnualHours- Standard 2,080 2,080 400 4,888 9,448 Less: Annual Leave 280 280 - 658 1,218 1,800 Productive Hours 1,800 400 4,230 8,230 Indirect Activities and Services General Administration and Management 169 169 - 1,688 2,025 Certification and Training 40 40 - 84 164 Non -Departmental General City Activities - - - 150 150 Long-range Planning 190 180 200 120 680 Capital Projects - - - 24 24 Code Enforcement and Compliance 25 25 234 284 Code, Policies, and Procedures Update 200 200 192 592 Public Info - Non-Dev Related - - 117 117 Public Info - Dev Related w/out active app 113 113 413 638 726 Total Indirect Activities and Svcs Work Hours 726 200 3,022 4,674 Direct Hours 1,074 1,074 200 1,209 3,556 Salary 104,281 88,284 - 213,225 $ 405,790 Benefits 37,666 34,328 - 67,609 $ 139,603 Contract Services - - 60,000 - $ 60,000 141,947 122,612 60,000 280,834 $ 605,393 Total Indirect Activities and Services General Administration and Management 9% 9% 0% 46% 25% Certification and Training 2% 2% 0% 2% 2% Non -Departmental General City Activities 0% 0% 0% 4% 2% Long-range Planning 10% 10% 50% 3% 11% Capital Projects 0% 0% 0% 1% 0% Code Enforcement and Compliance 1% 1% 0% 4% 3% Code, Policies, and Procedures Update 11% 11% 0% 5% 7% Public Info - Non-Dev Related 0% 0% 0% 2% 1% Public Info - Dev Related w/out active app 6% 61 09, 89, 69/. Total Indirect Activities and Svcs Work Hours 40% 40% 50% 74% 57% Direct Hours 60% 60% 50% 26% 43% Input cells shaded in gray 396 City of La Quinta Comprehensive Fee and Rate Study Calculation of Fully -Burdened Hourly Rate (Planning) Labor Expenditures and Professional Services Expenditures [a] i001JI1111111111V Total Notes Salary $ 405,790 Benefits $ 139,603 Contract Services $ 60,000 Total $ 605,393 Recurring Non -Labor Expenditures [b] Budget Planning Professional $ 185,000 $ (185,000) $ - [C] Travel & Training $ 10,000 $ $ 10,000 Membership Dues $ 1,400 $ $ 1,400 Subscriptions & Publications $ 500 $ $ 500 Printing $ 2,000 $ $ 2,000 Information Tech Charges $ 15,100 $ $ 15,100 Facility & Fleet Maintenance $ 7,300 $ $ 7,300 Total $ 221,300 1 $ (185,000)1 $ 36,300 Non -Labor Planning Support Provided via Community Development Administration Budget Unit (e.g. Planning Manager and Permit Technicians) Description_Total Non -Labor Planning Support from CD Ad in Notes $ 95,526 [d] Total $ 95,526 Estimated Citywide Overhead Description Estimated Citywide Overhead $ 158,505 [e] Total $ 158,505 Calculation of Fully -Burdened Hourly Rate Direct Hours I3,556 Input cells shaded in gray 397 City of La Quinta Comprehensive Fee and Rate Study Calculation of Fully -Burdened Hourly Rate (Planning) [a] Forecasted labor expenditures for Fiscal Year 2015/16. Includes portion of Community Development Administration. See worksheet labeled "Community Development Administration Allocation of Annual Labor Effort". [b] Source: Fiscal Year 2015/16 Adopted Budget. [c] Amounts accounted for in labor and professional services expenditures section. Adjusted to avoid double counting of expenditures. [d] Includes estimated portion of Community Development Administration services provided to Planning. See worksheet labeled "Community Development Administration Allocation of Divisional Costs to Functional Units Served." [e] Source: Citywide cost allocation plan. [f] Source: Annual labor time questionnaires and interview responses from City staff. Input cells shaded in gray 398 10 Calculation of Fully -Burdened Hourly Rates Public Works 399 City of La Quinta Comprehensive Fee and Rate Study Allocation of Annual Labor Effort (Public Works) Input cells shaded in gray Position Director Anaiyst Prin Engineer Prin Engineer Mgr Civ Eng Inspector Permit Tech Contract Svcs Eng (6001) Total Calculation of Productive Hours AnnualHours- Standard 2,080 2,080 2,080 2,080 2,080 2,080 2,080 2,080 750 1,075 1,456 19,921 Less: Annual Leave 280 280 280 280 280 280 280 280 - - 196 2,436 1,800 1,800 1,800 1,800 1,800 1,800 1,800 1,800 750 1,075 1,260 17,485 Productive Hours Indirect Activities and Services General Administration and Management 900 1,184 270 270 108 108 108 108 - 50 331 3,437 Certification and Training 18 32 48 18 40 40 40 40 - 24 300 Non -Departmental General City Activities - 64 - - - - - - - 64 Long-range Planning 72 40 16 18 8 32 - - 25 - 211 Capital Projects/Non-Fee Rel'td Dev 270 120 - 1,260 1,080 8 270 748 275 - 4,031 Code Enforcement and Compliance 54 - 16 18 40 8 310 - 25 90 561 Code, Policies, and Procedures Update 54 120 80 36 12 8 - - 50 - 360 Public Info - Non-Dev Related 90 240 80 36 36 80 80 390 150 66 1,248 Public Info - Dev Related w/out active app 54 - 80 36 36 80 80 216 50 234 866 1,512 1,800 590 1,692 1,360 364 888 1,502 - 625 745 11,078 Total Indirect Activities and Svcs Work Hours Direct Hours 288 - 1,210 108 440 1,436 912 298 750 450 515 6,407 Salary 173,943 92,799 132,726 147,453 86,522 76,513 70,209 62,458 - - 38,896 $ 881,519 Benefits 50,763 35,169 42,771 45,712 33,957 31,850 29,674 28,892 - - 16,665 $ 315,453 Contract Amount - - - - - - - 84,000 156,950 - $ 240,950 224,706 127,968 175,497 193,165 120,479 108,364 99,883 91,350 84,000 156,950 55,561 $ 1,437,922 Total Indirect Activities and Services General Administration and Management 50% 66% 15% 15% 6% 6% 6% 6% 0% 5% 24% 21% Certification and Training 1% 2% 3% 1% 2% 2% 2% 2% 0% 0% 2% 1% Non -Departmental General City Activities 0% 4% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% Long-range Planning 4% 2% 1% 1% 0% 2% 0% 0% 0% 2% 0% 1% Capital Projects/Non-Fee Rel'td Dev 15% 7% 0% 70% 60% 0% 15% 42% 0% 26% 0% 24% Code Enforcement and Compliance 3% 0% 1% 1% 2% 0% 17% 0% 0% 2% 7% 3% Code, Policies, and Procedures Update 3% 7% 4% 2% 1% 0% 0% 0% 0% 5% 0% 2% Public Info - Non-Dev Related 5% 13% 4% 2% 2% 4% 4% 22% 0% 14% 5% 7% Public Info - Dev Related w/out active app 3% 0% 4% 2% 2% 4% 4% 12% 0% 5% 19% 41L. Total Indirect Activities and Svcs Work Hours 84% 100% 33% 94% 76% 20% 49% 83% 0% 58% 58% 64% Direct Hours 16% 0% 67% 6% 24% 80% 51% 17% 100% 42% 42% 36% 400 12 City of La Quinta Comprehensive Fee and Rate Study Calculation of Fully -Burdened Hourly Rate (Public Works - Fee Related Services) Authorized Positions Considered for User Fee Study [a] Allocation of Positions Administration 2.00 2.00 0.00 100% 0% Development Services 3.00 3.00 0.00 100% 0% Engineering Services 5.00 3.00 2.00 60% 40% Maintenance and Operations 10.35 0.00 10.35 0% 100% Total 20.35 8.00 12.35 39% 61% Labor Expenditures and Professional Services Expenditures Considered for User Fee Study [b] Descriptii.n Total Notes $ 881,519 Benefits $ 315,453 Fee -Related Contract Services $ 240,950 Total $ 1,437,922 Recurring Non -Labor Expenditures [c] Input cells shaded in gray 401 13 City of La Quinta Comprehensive Fee and Rate Study Calculation of Fully -Burdened Hourly Rate (Public Works - Fee Related Services) Recurring Non -Labor Expenditures, continued [c] Total - Recurring Non -Labor Expenditures 1 $ 1,282,200 1 $ (1,113,900) $ 168,300 1 $ (59,766) $ 108,534 Input cells shaded in gray 402 14 City of La Quinta Comprehensive Fee and Rate Study Calculation of Fully -Burdened Hourly Rate (Public Works - Fee Related Services) Non -Labor Public Works Support Provided via Community Development Administration Budget Unit (e.g. Permit Technicians) �- Non-Labor PW Support from CD Admin $ 95,526 [g] Total $ 95,526 Estimated Citywide Overhead Description Estimated Citywide Overhead $ 386,614 [h] Total $ 386,614 Calculation of Fully -Burdened Hourly Rate General Administration and Management 21% $ 297,749 $ 22,474 $ 19,780 $ 80,056 $ 420,059 56% $ 234,462 $ 37 Certification and Training 1% $ 21,562 $ - $ 1,432 $ 5,797 $ 28,792 100% $ 28,792 $ 4 Non -Departmental General City Activities 0% $ 4,550 $ $ 302 $ 1,223 $ 6,076 0% $ - $ - Long-range Planning 1% $ 21,436 $ $ 1,424 $ 5,763 $ 28,623 0% $ $ Capital Projects/Non-Fee Rertd Dev 24% $ 343,315 $ $ 22,807 $ 92,307 $ 458,429 0% $ $ Code Enforcement and Compliance 3% $ 38,306 $ $ 2,545 $ 10,299 $ 51,151 0% $ $ - Code, Policies, and Procedures Update 2% $ 35,520 $ $ 2,360 $ 9,550 $ 47,430 100% $ 47,430 $ 7 Public Info - Non-Dev Related 7% $ 96,163 $ $ 6,388 $ 25,855 $ 128,406 0% $ - $ - Public Info - Dev Related w/out active app 4% $ 59,029 $ $ 3,921 $ 15,871 $ 78,821 100% $ 78,821 $ 12 Direct Hours 36% $ 520,293 $ $ 34,565 $ 139,891 $ 694,749 100% $ 694,749 $ 108 rotal 100% $ 1,437,922 $ 22,474 $ 95,526 $ 386,614 $ 1,942,536 56% $ 1,084,254 $ 169 Direct HoursF 6,407 [a] Source: Allocation of budgeted personnel. [b] Forecasted labor expenditures for Fiscal Year 2015/16. Includes portion of Community Development Administration. See worksheet labeled "Community Development Administration Allocation of Annual Labor Effort". [b] Forecasted labor expenditures for fiscal year 2013/14. [c] Source: Fiscal Year 2015/16 Adopted Budget. [d] Adjustment to exclude expenditure not linked to the provision of fee related services. [e] Adjustment to exclude contract services fee for NPDES inspections/other professional services. [f] Adjustment to avoid double counting of expenditures. Portion of contract svcs costs included in labor costs. Assumes fees will be set to include 100% pass -through of all contract services expenditures. [g] Includes estimated portion of Community Development Administration services provided to Public Works. See worksheet labeled "Community Development Administration Allocation of Divisional Costs to Functional Units Served." [h] Source: Citywide cost allocation plan. [i] Source: Annual labor time questionnaires and interview responses from community development staff. Input cells shaded in gray 403 15 Calculation of Fully -Burdened Hourly Rates Code Compliance for NPDES Ongoing Inspections 404 16 City of La Quinta Comprehensive Fee and Rate Study Calculation of Fully -Burdened Hourly Rate (Code Compliance) Labor Expenditures and Professional Services Expenditures [a] Salary Benefits $ 345,447 $ 151,219 Total $ 496,666 Recurring Non -Labor Expenditures [b] Budget Adjustment Subtotal Not:] Planning Admin Citation Services $ 20,000 $ (20,000) $ [c] Veterinary Service $ 2,000 $ (2,000) $ [c] Rabies Booster/Cnt Health $ 500 $ (500) $ [c] Animal Shelter $ 120,000 $ (120,000) $ [c] Answering Service $ - $ - $ [c] Technical $ 7,500 $ (7,500) $ [c] Vehicle Abatement $ 1,000 $ (1,000) $ [c] Lot Cleaning $ 3,500 $ (3,500) $ [c] Low -Income Housing Grants $ 5,000 $ (5,000) $ [c] Technical $ 120,000 $ (120,000) $ [c] Veterinary Service $ - $ $ Travel&Training $ 1,000 $ $ 1,000 Membership Dues $ 600 $ $ 600 Printing $ 2,500 $ $ 2,500 Operating Supplies $ - $ $ - Supplies - Field $ 1,000 $ $ 1,000 Supplies - Media $ - $ $ - Uniforms $ 2,500 $ $ 2,500 Total $ 287,100 1 $ (279,500)1 $ 7,600 Estimated Citywide Overhead Input cells shaded in gray 405 17 City of La Quinta Comprehensive Fee and Rate Study Calculation of Fully -Burdened Hourly Rate (Code Compliance) Calculation of Total Costs Labor $ 496,666 Non -Labor $ 7,600 C'Wide Overhead $ 130,454 Total Costs $ 634,719 Calculation of Total Productive Hours Description FTEs 5.00 Annual Hours Per FTE 2,080 Estimated Productive Hours Per FTE 1,760 Total Productive Hours 8,800 Calculation of Direct Hours Description Total Productive Hours 8,800 Estimated Direct Hours Ratio 70% Total Direct Hours 6,160 Calculation of Fully -Burdened Hourly Rate Description TotalCosts $ 634,719 Total Direct Hours 6,160 Total $ 103 [a] Forecasted labor expenditures for Fiscal Year 2015/16. [b] Source: Fiscal Year 2015/16 Adopted Budget. [c] Adjustments made to exclude costs not linked to fee -related services or to avoid duplicate counting of costs. [d] Source: Citywide cost allocation plan. Input cells shaded in gray 406 18 Community Development Administration Allocation of Divisional Costs to Functional Units Served 407 19 City of La Quinta Comprehensive Fee and Rate Study Allocation of Annual Labor Effort - (Comm Dev- Admin) Input cells shaded in gray Position Vacant D D Perez Hanada • Zarco Juarez Khatami Fasano Hensel Mendoza Radeva OrtizName Office Asst Office Calculation of Productive Hours AnnualHours- Standard 2,080 2,080 2,080 2,080 2,080 2,080 2,080 1,040 2,080 2,080 2,080 2,080 23,920 Less: Annual Leave 280 280 280 280 280 280 280 - 280 280 280 280 3,080 1,800 1,800 1,800 1,800 1,800 1,800 1,800 1,040 1,800 1,800 1,800 1,800 20,840 Productive Hours Indirect Activities and Services General Administration and Management 1,800 619 900 675 281 281 281 163 281 900 281 1,620 8,083 Certification and Training - 40 40 40 40 40 40 - 40 40 40 - 360 Non -Departmental General City Activities 120 120 120 - - - - 60 - - 420 Long-range Planning 120 120 - - - - - - - - 240 Capital Projects 24 40 - - - - - - - - 64 Code Enforcement and Compliance 24 16 - 180 180 180 104 - 240 - - 924 Code, Policies, and Procedures Update 180 80 120 - - - - - 24 - - 404 Public Info - Non-Dev Related - - 225 60 60 180 - - 150 1,479 - 2,154 Public Info - Dev Related w/out active app 80 270 225 540 540 420 347 - 150 - - 2,572 1,207 1,586 1,405 1,101 1,101 1,101 613 321 1,564 1,800 1,620 Total Indirect Activities and Svcs Work Hours 1,800 15,220 Direct Hours - 593 1 214 395 1 699 699 1 699 427 1 1,479 236 1 - 180 5,620 Salary 161,908 105,437 96,156 71,808 62,458 62,458 54,037 25,688 57,859 62,276 44,908 44,075 849,070 Benefits 48,359 24,761 35,884 30,860 28,892 28,892 20,481 1,965 27,814 28,744 25,088 19,608 321,348 Contract Services - - 210,268 130,198 132,041 102,668 91,350 91,350 74,518 27,653 85,674 91,020 69,996 63,684 1,170,418 Total Indirect Activities and Services General Administration and Management 100% 34% 50% 38% 16% 16% 16% 16% 16% 50% 16% 90% 45% Certification and Training 0% 2% 2% 2% 2% 2% 2% 0% 2% 2% 2% 0% 2% Non -Departmental General City Activities 0% 7% 7% 7% 0% 0% 0% 0% 0% 3% 0% 0% 2% Long-range Planning 0% 7% 7% 0% 0% 0% 0% 0% 0% 0% 0% 0% 1% Capital Projects 0% 1% 2% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% Code Enforcement and Compliance 0% 1% 1% 0% 10% 10% 10% 10% 0% 13% 0% 0% 4% Code, Policies, and Procedures Update 0% 10% 4% 7% 0% 0% 0% 0% 0% 1% 0% 0% 2% Public Info - Non-Dev Related 0% 0% 0% 13% 3% 3% 10% 0% 0% 8% 82% 0% 8% Public Info - Dev Related w/out active app 0% 4% 1591 1351 3091 3091 2391 339/ 0% 8% 0% 0% 11% Total Indirect Activities and Svcs Work Hours 100% 67% 88% 78% 61% 61% 61% 59% 18% 87% 100% 90% 76% Direct Hours 0% 33% 12% 22% 39% 39% 39% 41% 82% 13% 0% 10% 24% General Allocation of Labor Effort Building 25% 0% 100% 0% 70% 50% 30% 100% 10% 0% 0% 0% Planning 25% 100% 0% 0% 10% 30% 10% 0% 10% 50% 0% 0% Animal Control/Code Enforcement 25% 0% 0% 10% 0% 0% 0% 0% 0% 0% 0% 0% Public Works 0% 0% 0% 0% 10% 10% 30% 0% 10% 0% 0% 10% Business License / STVR 25% 0% 0% 0% 10% 10% 30% 0% 70% 0% 0% 0% General City Hall Support 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 30% 0% Customer Center 0% 0% 0% 90% 0% 0% 0% 0% 0916 50916 70910 90910 Total 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% Initial Allocation of Personnel Costs Building 52,567 - 132,041 - 63,945 45,675 22,355 27,653 8,567 - - - 352,803 Planning 52,567 130,198 - - 9,135 27,405 7,452 - 8,567 45,510 - - 280,834 Animal Control/Code Enforcement 52,567 - - 10,267 - - - - - - - - 62,834 Public Works - - - - 9,135 9,135 22,355 - 8,567 - - 6,368 55,561 Business License/STVR 52,567 - - - 9,135 9,135 22,355 - 59,971 - - - 153,164 General City Hall Support - - - - - - - - - - 20,999 - 20,999 Customer Center 92,401 45,510 48,997 57,315 244,224 210,268 130,198 132,041 102,668 91,350 91,350 74,518 27,653 85,674 91,020 69,996 63,684 1,170,418 Total Initial Allocation of Direct Hours Building - - 214 - 489 349 210 427 148 - - - 1,837 Planning - 593 - - 70 210 70 - 148 118 - - 1,209 Animal Control/Code Enforcement - - - 40 - - - - - - - - 40 Public Works - - - - 70 70 210 - 148 - - 18 515 Business License / STVR - - - - 70 70 210 - 1,035 - - - 1,385 General City Hall Support - - - - - - - - - - - - - Customer Center 356 118 162 636 - 593 214 395 699 699 699 427 1,479 236 - 180 5,620 Total 408 20 City of La Quinta Input cells shaded in gray Comprehensive Fee and Rate Study Allocation of Annual Labor Effort - (Comm Dev- Admin) Vacant Perez Hanada Zarco Juarez Khatami Fasano Hensel Mendoza Radeva OrtizName Position Allocation of Hours to Building •D • Office Asst Office Annual Hours - Standard 520 - 2,080 - 1,456 1,040 624 1,040 208 - - - 6,968 Less: Annual Leave 70 - 280 - 196 140 84 - 28 - - - 798 450 - 1,260 900 540 1,040 180 - - - 6,170 Productive Hours - 1,800 Indirect Activities and Services General Administration and Management 450 - 900 - 197 141 84 163 28 - - - 1,963 Certification and Training - - 40 - 28 20 12 - 4 - - - 104 Non -Departmental General City Activities - - 120 - - - - - - - - - 120 Long-range Planning - - 120 - - - - - - - - - 120 Capital Projects - - 40 - - - - - - - - - 40 Code Enforcement and Compliance - - 16 - 126 90 54 104 - - - - 390 Code, Policies, and Procedures Update - - 80 - - - - - - - - - 80 Public Info - Non-Dev Related - - - - 42 30 54 - - - - - 126 Public Info - Dev Related w/out active app - - 270 - 378 270 126 347 - - - - 1,391 450 - 771 551 330 613 32 - - - 4,333 Total Indirect Activities and Svcs Work Hours - 1,586 Direct Hours - - 214 - 489 1 349 210 1 427 148 - - - 1,837 Salary 40,477 - 96,156 - 43,721 31,229 16,211 25,688 5,786 - - - 259,268 Benefits 12,090 - 35,884 - 20,224 14,446 6,144 1,965 2,781 - - - 93,535 Contract Services - - - - - - - - - - - - - 52,567 - 132,041 - 63,945 45,675 22,355 27,653 8,567 - - - 352,903 Total Allocation of Hours to Building General Administration and Management 100% 0% 50% 0% 16% 16% 16% 16% 16% 0% 0% 0% 41% Certification and Training 0% 0% 2% 0% 2% 2% 2% 0% 2% 0% 0% 0% 2% Non -Departmental General City Activities 0% 0% 7% 0% 0% 0% 0% 0% 0% 0% 0% 0% 2% Long-range Planning 0% 0% 7% 0% 0% 0% 0% 0% 0% 0% 0% 0% 2% Capital Projects 0% 0% 2% 0% 0% 0% 0% 0% 0% 0% 0% 0% 1% Code Enforcement and Compliance 0% 0% 1% 0% 10% 10% 10% 10% 0% 0% 0% 0% 5% Code, Policies, and Procedures Update 0% 0% 4% 0% 0% 0% 0% 0% 0% 0% 0% 0% 2% Public Info - Non-Dev Related 0% 0% 0% 0% 3% 3% 10% 0% 0% 0% 0% 0% 2% Public Info - Dev Related w/out active app 0% 0% 15% 0% 30% 30% 23% 33% 0% 0% 0% 0% 191Y. Total Indirect Activities and Svcs Work Hours 100% 0% 88% 0% 61% 61% 61% 59% 18% 0% 0% 0% 76% Direct Hours 1 0% 0%1 12% 0% 39% 39% 39% 41% 82% 0% 0% 0%1 24% 409 21 City of La Quinta Input cells shaded in gray Comprehensive Fee and Rate Study Allocation of Annual Labor Effort - (Comm Dev- Admin) Vacant Perez Hanada Zarco Juarez Khatami Fasano Hensel Mendoza Radeva OrtizName Position Allocation of Hours to Planning •D • Office Asst Office Annual Hours - Standard 520 2,080 - - 208 624 208 - 208 1,040 - - 4,888 Less: Annual Leave 70 280 - - 28 84 28 - 28 140 - - 658 450 1,800 - - 180 540 180 - 180 900 - - 4,230 Productive Hours Indirect Activities and Services General Administration and Management 450 619 - - 28 84 28 - 28 450 - - 1,688 Certification and Training - 40 - - 4 12 4 - 4 20 - - 84 Non -Departmental General City Activities - 120 - - - - - - - 30 - - 150 Long-range Planning - 120 - - - - - - - - - - 120 Capital Projects - 24 - - - - - - - - - - 24 Code Enforcement and Compliance - 24 - - 18 54 18 - - 120 - - 234 Code, Policies, and Procedures Update - 180 - - - - - - 12 - - 192 Public Info - Non-Dev Related - - - - 6 18 18 - - 75 - - 117 Public Info - Dev Related w/out active app - 80 - - 54 162 42 - - 75 - - 413 450 1,207 - - 110 330 110 - 32 782 - - 3,022 Total Indirect Activities and Svcs Work Hours Direct Hours - 593 - - 70 1 210 70 - 148 118 - - 1,209 Salary 40,477 105,437 - - 6,246 18,737 5,404 - 5,786 31,138 - - 213,225 Benefits 12,090 24,761 - - 2,889 8,667 2,048 - 2,781 14,372 - - 67,609 Contract Services - - - - - - - - - - - - - 52,567 130,198 - - 9,135 27,405 7,452 - 8,567 45,510 - - 280,934 Total Allocation of Hours to Planning General Administration and Management 100% 34% 0% 0% 16% 16% 16% 0% 16% 50% 0% 0% 46% Certification and Training 0% 2% 0% 0% 2% 2% 2% 0% 2% 2% 0% 0% 2% Non -Departmental General City Activities 0% 7% 0% 0% 0% 0% 0% 0% 0% 3% 0% 0% 4% Long-range Planning 0% 7% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 3% Capital Projects 0% 1% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 1% Code Enforcement and Compliance 0% 1% 0% 0% 10% 10% 10% 0% 0% 13% 0% 0% 4% Code, Policies, and Procedures Update 0% 10% 0% 0% 0% 0% 0% 0% 0% 1% 0% 0% 5% Public Info - Non-Dev Related 0% 0% 0% 0% 3% 3% 10% 0% 0% 8% 0% 0% 2% Public Info - Dev Related w/out active app 0% 4% 0% 0% 30% 30% 239/ 09/ 0% 8% 0% 0% 8% Total Indirect Activities and Svcs Work Hours 100% 67% 0% 0% 61% 61% 61% 0% 18% 87% 0% 0% 74% Direct Hours 0%1 33% 0% 0% 39% 39% 39% 0%1 82% 13% 0% 0%1 26% 410 22 City of La Quinta Input cells shaded in gray Comprehensive Fee and Rate Study Allocation of Annual Labor Effort - (Comm Dev- Admin) Vacant Perez Hanada Zarco Juarez Khatami Fasano Hensel Mendoza Radeva OrtizName Position Allocation of Hours to Public Works •D • Office Asst Office Annual Hours - Standard - - - - 208 208 624 - 208 - - 208 1,456 Less: Annual Leave - - - - 28 28 84 - 28 - - 28 196 - - - - 180 180 540 - 180 - - 180 1,260 Productive Hours Indirect Activities and Services General Administration and Management - - - - 28 28 84 - 28 - - 162 331 Certification and Training - - - - 4 4 12 - 4 - - - 24 Non -Departmental General City Activities - - - - - - - - - - - - - Long-range Planning - - - - - - - - - - - - - Capital Projects - - - - - - - - - - - - - Code Enforcement and Compliance - - - - 18 18 54 - - - - - 90 Code, Policies, and Procedures Update - - - Public Info - Non-Dev Related - - - - 6 6 54 - - - - - 66 Public Info - Dev Related w/out active app - - - - 54 54 126 - - - - - 234 - - - - 110 110 330 - 32 - - 162 745 Total Indirect Activities and Svcs Work Hours Direct Hours - - - - 70 1 70 210 - 148 - - 18 515 Salary - - - - 6,246 6,246 16,211 - 5,786 - - 4,408 38,896 Benefits - - - - 2,889 2,889 6,144 - 2,781 - - 1,961 16,665 Contract Services - - - - - - - - - - - - - - - - - 9,135 9,135 22,355 - 8,567 - - 6,368 55,561 Total Indirect Activities and Services General Administration and Management 0% 0% 0% 0% 16% 16% 16% 0% 16% 0% 0% 90% 24% Certification and Training 0% 0% 0% 0% 2% 2% 2% 0% 2% 0% 0% 0% 2% Non -Departmental General City Activities 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% Long-range Planning 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% Capital Projects 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% Code Enforcement and Compliance 0% 0% 0% 0% 10% 10% 10% 0% 0% 0% 0% 0% 7% Code, Policies, and Procedures Update 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% Public Info - Non-Dev Related 0% 0% 0% 0% 3% 3% 10% 0% 0% 0% 0% 0% 5% Public Info - Dev Related w/out active app 0% 0% 1% 0% 30% 30% 23% 0% 0% 0% 0% 0% 11% Total Indirect Activities and Svcs Work Hours 0% 0% 0% 0% 61% 61% 61% 0% 18% 0% 0% 90% 58% Direct Hours 0% 0% 0% 0% 39% 39% 39% 0% 82% 0% 0% 10% 42% * Allocation information based on feedback received from City staff and FY 15/16 adopted budget and budgeted payroll information 411 23 City of La Quinta Comprehensive Fee and Rate Study Allocation of Divisional Costs to Functional Units Served - (Comm Dev - Admin) Allocation of Direct Hours [a] Labor Expenditures [a] Input cells shaded in gray Recurring Non -Labor Expenditures [b] Animal Public STVR / City Hall Cust'mr - Administration Professional 42,500 - 42,500 - - - - 42,500 - - 42,500 [c] Temporary Agency Services 10,000 - 10,000 3,000 1,000 1,000 1,000 2,500 500 1,000 10,000 Travel8, Training 8,500 - 8,500 2,550 850 850 850 2,125 425 850 8,500 Mileage Reimbursement 100 - 100 30 10 10 10 25 5 10 100 Membership Dues 1,900 - 1,900 570 190 190 190 475 95 190 1,900 Office Supplies 12,000 - 12,000 3,600 1,200 1,200 1,200 3,000 600 1,200 12,000 Printing 1,500 - 1,500 450 150 150 150 375 75 150 1,500 Advertising 13,500 - 13,500 4,050 1,350 1,350 1,350 3,375 675 1,350 13,500 Information Tech Charges 94,800 - 94,800 28,440 9,480 9,480 9,480 23,700 4,740 9,480 94,800 Facility & Fleet Maintenance 15,200 - 15,200 4,560 1,520 1,520 1,520 3,800 760 1,520 15,200 Subtotal 200,000 - 200,000 47,250 15,750 15,750 15,750 81,875 7,875 15,750 200,000 General Allocation of Indirect Support 30% 10% 10% 10% 25% 5% 10% [d] Citywide Overhead Total Initial Allocation Reallocation of Customer Center Costs to Functional Units Total Allocation 412 24 City of La Quinta Comprehensive Fee and Rate Study Allocation of Divisional Costs to Functional Units Served - (Comm Dev - Admin) Input cells shaded in gray [a] Source: Worksheet labeled Allocation of Annual Labor Effort - (Comm Dev - Admin). [b] Source: Fiscal Year 2015/16 Adopted Budget. [c] Direct assignment of costs for STVR consultant. [d] Estimated reasonable allocation. The majority of permit volume is linked to building permits. Similar annual volumes for Planning and Public Works Services. [e] Amounts included as direct labor expenditures in fully -burdened hourly rate calculations for Building, Planning, and Public Works services. [f] Amounts included as non -labor support from Community Development Admin in fully -burdened hourly rate calculations for Building, Planning, and Public Works services. 413 25 Hourly Rate Summary 414 26 City of La Quinta Comprehensive Fee and Rate Study Summary of Calculated and Targeted Hourly Rates - Development Services Divisions Hourly Rate Summary - 2015/16 Study [a] During the FY 12/13 study, the City adopted a targeted development services hourly rate set at lowest fully -burdened hourly rate of the three development services department/divisions, rounded down to the nearest dollar. 415 27 Calculation of the Costs of Providing Fee Related Services 416 28 Calculation of the Costs of Providing Fee Related Services Building 417 29 City of La Quinta Comprehensive Fee and Rate Study Building Fees - Mechanical, Plumbing, and Electrical Permits Cost of Service Calculation - At Fully -Burdened Hourly Rate Permit Issuance 1 Permit Issuance (Mechanical, Plumbing, Electrical) 2 Installation or relocation of each forced -air or gravity -type furnace or burner, including ducts and vents attached to such appliance 3 Installation or relocation of each suspended heater, recessed wall heater, or floor -mounted unit heater 4 Repair of, alteration of, or addition to each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption, or evaporative cooling system, including installation of controls regulated by the UMC 5 Installation or relocation of each boiler, condenser, compressor, or each absorption system 6 Air -handling unit, including attached ducts 7 Evaporative cooler, other than portable -type 8 Ventilation fan connected to a single -duct 9 Installation of each hood which is served by mechanical exhaust, including the ducts for such hood 10 Each appliance or piece of equipment not classified in other appliance categories, or for which no other fee is listed Mechanical Change -Out 11 Condenser Only 12 Furnace Only 13 Other Equipment 14 Packaged Unit 15 Repair/Alteration 16 Split -System 17 Each plumbing fixture or trap or set of fixtures on one trap (including water, drainage piping, and backflow protection) 18 Sewer Connection / Septic Abandonment 19 Rainwater systems, per drain (inside building) 20 Water heater and/or vent 21 Industrial waste pretreatment interceptor including its trap and vent, excepting kitchen -type grease interceptors functioning as fixture traps 22 Installation, alteration, or repair of water piping and/or water -treating equipment, drainage or vent piping, each fixture Labor Permit/ Time (Minutes) Plan Inspection 38 Check Total 38 15 10 25 10 5 15 5 2 7 15 10 25 15 5 20 5 5 10 5 2 7 5 2 7 15 15 30 15 10 25 15 10 25 15 15 30 15 10 25 5 2 7 15 30 45 5 5 10 10 7 17 5 5 10 5 3 8 15 5 20 5 5 10 Rate x 1 $ 152(= x $ 152 = x $ 152 = x $ 152 = x 1 $ 152 x $ 152 = x $ 152 = x $ 152 = x $ 152 = x 1 $ 152 x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x 1 $ 152 x $ 152 = x $ 152 = x $ 152 = x $ 152 = x 1 $ 152 Cost Permit of Service Plan Inspection $ 96.40 Check $ - Total $ 96.40 $ 38.05 $ 25.37 $ 63.42 $ 25.37 $ 12.68 $ 38.05 $ 12.68 $ 5.07 $ 17.76 $ 38.05 $ 25.37 $ 63.42 $ 38.05 $ 12.68 $ 50.74 $ 12.68 $ 12.68 $ 25.37 $ 12.68 $ 5.07 $ 17.76 $ 12.68 $ 5.07 $ 17.76 $ 38.05 $ 38.05 $ 76.11 $ 38.05 $ 25.37 $ 63.42 $ 38.05 $ 25.37 $ 63.42 $ 38.05 $ 38.05 $ 76.11 $ 38.05 $ 25.37 $ 63.42 $ 12.68 $ 5.07 $ 17.76 $ 38.05 $ 76.11 $ 114.16 $ 12.68 $ 12.68 $ 25.37 $ 25.37 $ 17.76 $ 43.13 $ 12.68 $ 12.68 $ 25.37 $ 12.68 $ 7.61 $ 20.30 $ 38.05 $ 12.68 $ 50.74 $ 12.68 $ 12.68 $ 25.37 Permit Current Fee Plan Inspection $ 91.85 Check Total $ 91.85 $ 36.26 $ 24.17 $ 60.43 $ 24.17 $ 12.09 $ 36.26 $ 12.09 $ 4.83 $ 16.92 $ 36.26 $ 24.17 $ 60.43 $ 36.26 $ 12.09 $ 48.34 $ 12.09 $ 12.09 $ 24.17 $ 12.09 $ 4.83 $ 16.92 $ 12.09 $ 4.83 $ 16.92 $ 36.26 $ 36.26 $ 72.52 n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a $ 12.09 $ 12.09 $ 24.17 $ 12.09 $ 12.09 $ 24.17 $ 12.09 $ 12.09 $ 24.17 $ 12.09 $ 7.25 $ 19.34 $ 36.26 $ 12.09 $ 48.34 $ 12.09 $ 12.09 $ 24.17 Input cells shaded in gray Current Permit/ Cost Recovery Plan Inspection 95% Check Total 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 48% 68% 56% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 418 30 City of La Quinta Comprehensive Fee and Rate Study Building Fees - Mechanical, Plumbing, and Electrical Permits Cost of Service Calculation - At Fully -Burdened Hourly Rate Description =am=& Fee 23 Backflow protective device other than atmospheric -type vacuum breakers 24 Gas piping system -1 to 4 outlets 25 Gas piping system - 5 or more outlets 26 Solar (Thermal) Electrical New Construction 27 Residential - First 1,000 SF (includes livable and non -livable SF) 28 Residential - Each Additional 1,000 SF (includes livable and non -livable SF) 29 Non -Residential - First 2,000 SF 30 Non -Residential - Each Additional 2,000 SF Solar (Photovoltaic) 31 Solar (PV) Less than 10kW 32 Solar (PV) Greater than 10kW 33 Each Additional String (<20) Receptacle, Switch, and Lighting Outlets 34 Receptacle, switch, lighting, or other outlets at which current is used or controlled, except services, feeders, and meters - first 20 35 Receptacle, switch, lighting, or other outlets at which current is used or controlled, except services, feeders, and meters - each additional Lighting Fixtures 36 Lighting fixtures, sockets, or other lamp -holding devices - first 20 37 Lighting fixtures, sockets, or other lamp -holding devices - each add'I 38 Pole or platform -mounted light replacement, repair or alteration - first 10 39 Pole or platform -mounted light replacement, repair or alteration - each additional Residential Appliances 40 Fixed residential appliances or receptacle outlets for same, including wall -mounted electric ovens; counter -mounted cooking tops; electric ranges; self-contained room, console, or through -wall air conditioners; space heaters; food waste grinders; dishwashers; washing machines; water heaters; clothes dryers; or other motor -operated appliances not exceeding one horsepower (HP) in rating, each Labor Time (Minutes) Permit / Inspection 5 Plan Check 2 Total 7 5 10 15 15 10 25 10 10 20 60 20 80 5 2 7 45 35 80 15 4 19 10 10 20 15 15 30 1 0.25 1 10 10 20 1 0.25 1 10 10 20 1 0 1 10 10 20 1 0.25 1 5 5 10 Rate x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x 1 $ 1521= Cost of Service Permit Inspection $ 12.68 Plan Check $ 5.07 Tota 1 $ 17.76 $ 12.68 $ 25.37 $ 38.05 $ 38.05 $ 25.37 $ 63.42 $ 25.37 $ 25.37 $ 50.74 $ 152.22 $ 50.23 $ 202.45 $ 12.94 $ 5.33 $ 18.27 $ 114.16 $ 88.29 $ 202.45 $ 38.05 $ 10.15 $ 48.20 $ 25.37 $ 25.37 $ 50.74 $ 38.05 $ 38.05 $ 76.11 $ 2.54 $ 0.63 $ 3.17 $ 25.37 $ 25.37 $ 50.74 $ 2.54 $ 0.63 $ 3.17 $ 25.37 $ 25.37 $ 50.74 $ 2.54 $ 0.63 $ 3.17 $ 25.37 $ 25.37 $ 50.74 $ 2.54 $ 0.63 $ 3.17 $ 12.68 $ 12.68 $ 25.37 Current Fee Permit Inspection $ 12.09 Plan Check $ 4.83 Tota I $ 16.92 $ 12.09 $ 24.17 $ 36.26 $ 36.26 $ 24.17 $ 60.43 n/a n/a n/a $ 145.03 $ 47.86 $ 192.89 $ 12.33 $ 5.08 $ 17.40 $ 108.77 $ 84.12 $ 192.89 $ 36.26 $ 9.67 $ 45.93 n/a n/a n/a n/a n/a n/a n/a n/a n/a $ 24.17 $ 24.17 $ 48.34 $ 2.42 $ 0.60 $ 3.02 $ 24.17 $ 24.17 $ 48.34 $ 2.42 $ 0.60 $ 3.02 $ 24.17 $ 24.17 $ 48.34 n/a n/a n/a $ 12.09 $ 12.09 $ 24.17 Input cells shaded in gray Current Cost Recovery Permit/ Inspection 95% Plan Check 95% Total 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 419 31 City of La Quinta Comprehensive Fee and Rate Study Building Fees - Mechanical, Plumbing, and Electrical Permits Cost of Service Calculation - At Fully -Burdened Hourly Rate Non -Residential Appliances 41 Residential appliances and self-contained, factory -wired, non- residential appliances not exceeding one horsepower (HP), kilowatt (KW), or kilovolt ampere (KVA) in rating, including medical and dental devices; food, beverage, and ice cream cabinets; illuminated show cases; drinking fountains; vending machines; laundry machines; or other similar types of equipment, each Power Apparatus 42 Motors, generators, transformers, rectifiers, synchronous converters, capacitors, industrial heating, air conditioners and heat pumps, cooking or baking equipment, and other apparatus, each Signs, Outline Lighting, and Marquees 43 Signs, outline lighting systems, or marquees, each 44 Services, each Temporary Power Services 45 Temporary service power pole or pedestal, including all pole or pedestal -mounted receptacle outlets and appurtenances, each Miscellaneous Apparatus, Conduits, and Conductors 46 Electrical apparatus, conduits, and conductors for which a permit is required, but for which no fee is identified Labor Permit / Time (Minutes) Plan Inspection 10 Check 10 Total 20 10 10 20 15 20 35 10 5 15 10 7 17 10 10 20 Rate x 1 $ 1521= x 1 $ 1521= x 1 $ 1521= x 1 $ 1521= x 1 $ 1521= x 1 $ 1521= Cost Permit of Service Plan Inspection $ 25.37 Check $ 25.37 Total $ 50.74 $ 25.37 $ 25.37 $ 50.74 $ 38.05 $ 50.74 $ 88.79 $ 25.37 $ 12.68 $ 38.05 $ 25.37 $ 17.76 $ 43.13 $ 25.37 $ 25.37 $ 50.74 Permit Current Fee Plan Inspection $ 24.17 Check $ 24.17 Total $ 48.34 $ 24.17 $ 24.17 $ 48.34 $ 36.26 $ 48.34 $ 84.60 $ 24.17 $ 12.09 $ 36.26 $ 24.17 $ 16.92 $ 41.09 $ 24.17 $ 24.17 $ 48.34 Input cells shaded in gray Current Permit/ Cost Recovery Plan Inspection 95% Check 95% Total 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 420 32 City of La Quinta Comprehensive Fee and Rate Study Building Fees - Mechanical, Plumbing, and Electrical Permits Cost of Service Calculation - At Targeted Hourly Rate Permit Issuance 1 Permit Issuance (Mechanical, Plumbing, Electrical) 2 Installation or relocation of each forced -air or gravity -type furnace or burner, including ducts and vents attached to such appliance 3 Installation or relocation of each suspended heater, recessed wall heater, or floor -mounted unit heater 4 Repair of, alteration of, or addition to each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption, or evaporative cooling system, including installation of controls regulated by the UMC 5 Installation or relocation of each boiler, condenser, compressor, or each absorption system 6 Air -handling unit, including attached ducts 7 Evaporative cooler, other than portable -type 8 Ventilation fan connected to a single -duct 9 Installation of each hood which is served by mechanical exhaust, including the ducts for such hood 10 Each appliance or piece of equipment not classified in other appliance categories, or for which no other fee is listed Mechanical Change -Out 11 Condenser Only 12 Furnace Only 13 Other Equipment 14 Packaged Unit 15 Repair/Alteration 16 Split -System 17 Each plumbing fixture or trap or set of fixtures on one trap (including water, drainage piping, and backflow protection) 18 Sewer Connection / Septic Abandonment 19 Rainwater systems, per drain (inside building) 20 Water heater and/or vent 21 Industrial waste pretreatment interceptor including its trap and vent, excepting kitchen -type grease interceptors functioning as fixture traps 22 Installation, alteration, or repair of water piping and/or water -treating equipment, drainage or vent piping, each fixture Labor Permit/ Time (Minutes) Plan Inspection 38 Check Total 38 15 10 25 10 5 15 5 2 7 15 10 25 15 5 20 5 5 10 5 2 7 5 2 7 15 15 30 15 10 25 15 10 25 15 15 30 15 10 25 5 2 7 15 30 45 5 5 10 10 7 17 5 5 10 5 3 8 15 5 20 5 5 10 Rate x 1 $ 1521= x $ 152 = x $ 152 = x $ 152 = x 1 $ 152 x $ 152 = x $ 152 = x $ 152 = x $ 152 = x 1 $ 152 x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x 1 $ 152 x $ 152 = x $ 152 = x $ 152 = x $ 152 = x 1 $ 152 Cost Permit of Service Plan Inspection $ 96.27 Check $ - Total $ 96.27 $ 38.00 $ 25.33 $ 63.33 $ 25.33 $ 12.67 $ 38.00 $ 12.67 $ 5.07 $ 17.73 $ 38.00 $ 25.33 $ 63.33 $ 38.00 $ 12.67 $ 50.67 $ 12.67 $ 12.67 $ 25.33 $ 12.67 $ 5.07 $ 17.73 $ 12.67 $ 5.07 $ 17.73 $ 38.00 $ 38.00 $ 76.00 $ 38.00 $ 25.33 $ 63.33 $ 38.00 $ 25.33 $ 63.33 $ 38.00 $ 38.00 $ 76.00 $ 38.00 $ 25.33 $ 63.33 $ 12.67 $ 5.07 $ 17.73 $ 38.00 $ 76.00 $ 114.00 $ 12.67 $ 12.67 $ 25.33 $ 25.33 $ 17.73 $ 43.07 $ 12.67 $ 12.67 $ 25.33 $ 12.67 $ 7.60 $ 20.27 $ 38.00 $ 12.67 $ 50.67 $ 12.67 $ 12.67 $ 25.33 Permit Current Fee Plan Inspection $ 91.85 Check Total $ 91.85 $ 36.26 $ 24.17 $ 60.43 $ 24.17 $ 12.09 $ 36.26 $ 12.09 $ 4.83 $ 16.92 $ 36.26 $ 24.17 $ 60.43 $ 36.26 $ 12.09 $ 48.34 $ 12.09 $ 12.09 $ 24.17 $ 12.09 $ 4.83 $ 16.92 $ 12.09 $ 4.83 $ 16.92 $ 36.26 $ 36.26 $ 72.52 n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a $ 12.09 $ 12.09 $ 24.17 $ 12.09 $ 12.09 $ 24.17 $ 12.09 $ 12.09 $ 24.17 $ 12.09 $ 7.25 $ 19.34 $ 36.26 $ 12.09 $ 48.34 $ 12.09 $ 12.09 $ 24.17 Input cells shaded in gray Current Permit/ Cost Recovery Plan Inspection 95% Check Total 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 48% 68% 56% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 421 33 City of La Quinta Comprehensive Fee and Rate Study Building Fees - Mechanical, Plumbing, and Electrical Permits Cost of Service Calculation - At Targeted Hourly Rate Description MAWMW Fee 23 Backflow protective device other than atmospheric -type vacuum breakers 24 Gas piping system -1 to 4 outlets 25 Gas piping system - 5 or more outlets 26 Solar (Thermal) Electrical New Construction 27 Residential - First 1,000 SF (includes livable and non -livable SF) 28 Residential - Each Additional 1,000 SF (includes livable and non -livable SF) 29 Non -Residential - First 2,000 SF 30 Non -Residential - Each Additional 2,000 SF Solar (Photovoltaic) 31 Solar (PV) Less than 10kW 32 Solar (PV) Greater than 10kW 33 Each Additional String (<20) Receptacle, Switch, and Lighting Outlets 34 Receptacle, switch, lighting, or other outlets at which current is used or controlled, except services, feeders, and meters - first 20 35 Receptacle, switch, lighting, or other outlets at which current is used or controlled, except services, feeders, and meters - each additional Lighting Fixtures 36 Lighting fixtures, sockets, or other lamp -holding devices - first 20 37 Lighting fixtures, sockets, or other lamp -holding devices - each add'I 38 Pole or platform -mounted light replacement, repair or alteration - first 10 39 Pole or platform -mounted light replacement, repair or alteration - each additional Residential Appliances 40 Fixed residential appliances or receptacle outlets for same, including wall -mounted electric ovens; counter -mounted cooking tops; electric ranges; self-contained room, console, or through -wall air conditioners; space heaters; food waste grinders; dishwashers; washing machines; water heaters; clothes dryers; or other motor -operated appliances not exceeding one horsepower (HP) in rating, each Labor Time (Minutes) Permit / Inspection 5 Plan Check 2 Total 7 5 10 15 15 10 25 10 10 20 60 20 80 5 2 7 45 35 80 15 4 19 10 10 20 15 15 30 1 0.25 1 10 10 20 1 0.25 1 10 10 20 1 0 1 10 10 20 1 0.25 1.25 5 5 10 Rate x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x 1 $ 1521= Cost of Service Permit Inspection $ 12.67 Plan Check $ 5.07 Tota 1 $ 17.73 $ 12.67 $ 25.33 $ 38.00 $ 38.00 $ 25.33 $ 63.33 $ 25.33 $ 25.33 $ 50.67 $ 152.00 $ 50.16 $ 202.16 $ 12.92 $ 5.32 $ 18.24 $ 114.00 $ 88.16 $ 202.16 $ 38.00 $ 10.13 $ 48.13 $ 25.33 $ 25.33 $ 50.67 $ 38.00 $ 38.00 $ 76.00 $ 2.53 $ 0.63 $ 3.17 $ 25.33 $ 25.33 $ 50.67 $ 2.53 $ 0.63 $ 3.17 $ 25.33 $ 25.33 $ 50.67 $ 2.53 $ 0.63 $ 3.17 $ 25.33 $ 25.33 $ 50.67 $ 2.53 $ 0.63 $ 3.17 $ 12.67 $ 12.67 $ 25.33 Current Fee Permit Inspection $ 12.09 Plan Check $ 4.83 Tota I $ 16.92 $ 12.09 $ 24.17 $ 36.26 $ 36.26 $ 24.17 $ 60.43 n/a n/a n/a $ 145.03 $ 47.86 $ 192.89 $ 12.33 $ 5.08 $ 17.40 $ 108.77 $ 84.12 $ 192.89 $ 36.26 $ 9.67 $ 45.93 n/a n/a n/a n/a n/a n/a n/a n/a n/a $ 24.17 $ 24.17 $ 48.34 $ 2.42 $ 0.60 $ 3.02 $ 24.17 $ 24.17 $ 48.34 $ 2.42 $ 0.60 $ 3.02 $ 24.17 $ 24.17 $ 48.34 n/a n/a n/a $ 12.09 $ 12.09 $ 24.17 Input cells shaded in gray Current Cost Recovery Permit/ Inspection 95% Plan Check 95% Total 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 422 34 City of La Quinta Comprehensive Fee and Rate Study Building Fees - Mechanical, Plumbing, and Electrical Permits Cost of Service Calculation - At Targeted Hourly Rate Non -Residential Appliances 41 Residential appliances and self-contained, factory -wired, non- residential appliances not exceeding one horsepower (HP), kilowatt (KW), or kilovolt ampere (KVA) in rating, including medical and dental devices; food, beverage, and ice cream cabinets; illuminated show cases; drinking fountains; vending machines; laundry machines; or other similar types of equipment, each Power Apparatus 42 Motors, generators, transformers, rectifiers, synchronous converters, capacitors, industrial heating, air conditioners and heat pumps, cooking or baking equipment, and other apparatus, each Signs, Outline Lighting, and Marquees 43 Signs, outline lighting systems, or marquees, each 44 Services, each Temporary Power Services 45 Temporary service power pole or pedestal, including all pole or pedestal -mounted receptacle outlets and appurtenances, each Miscellaneous Apparatus, Conduits, and Conductors 46 Electrical apparatus, conduits, and conductors for which a permit is required, but for which no fee is identified Labor Permit / Time (Minutes) Plan Inspection 10 Check 10 Total 20 10 10 20 15 20 35 10 5 15 10 7 17 10 10 20 Rate x 1 $ 1521= x 1 $ 1521= x 1 $ 1521= x 1 $ 1521= x 1 $ 1521= x 1 $ 1521= Cost Permit of Service Plan Inspection $ 25.33 Check $ 25.33 Total $ 50.67 $ 25.33 $ 25.33 $ 50.67 $ 38.00 $ 50.67 $ 88.67 $ 25.33 $ 12.67 $ 38.00 $ 25.33 $ 17.73 $ 43.07 $ 25.33 $ 25.33 $ 50.67 Permit Current Fee Plan Inspection $ 24.17 Check $ 24.17 Total $ 48.34 $ 24.17 $ 24.17 $ 48.34 $ 36.26 $ 48.34 $ 84.60 $ 24.17 $ 12.09 $ 36.26 $ 24.17 $ 16.92 $ 41.09 $ 24.17 $ 24.17 $ 48.34 Input cells shaded in gray Current Permit/ Cost Recovery Plan Inspection 95% Check 95% Total 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 423 35 City of La Quinta Comprehensive Fee and Rate Study Building Fees - Miscellaneous Items Cost of Service Calculation - At Fully -Burdened Hourly Rate Antenna 1 Dish > 2 Ft 2 Cellular/Mobile Phone 3 Equipment Shelter Appeal 4 Appeal Awning/Canopy (Supported by Building) 5 Awning/Canopy Balcony Addition 6 Balcony Addition Block Wall 7 Block Wall - First 100 LF 8 Block Wall - Each Addt'I 50 LF 9 Retaining / Combination Wall - Each 50 LF Carport 10 Carport - First 11 Carport - Each Additional Compliance Survey/Special Inspection 12 Compliance Survey/Special Inspection Demolition 13 Demolition 14 Demolition - Interior 15 Demolition - Exterior Fence 16 Fence - First 100 LF 17 Fence - Each Additional 50 LF Fireplace 18 Fireplace Flag/Lighting Pole 19 Flag/Lighting Pole - First 20 Flag/Lighting Pole - Each Additional Grading 21 Residential Precise Grading (Tract Homes) - Per Home 22 Residential Precise Grading (Custom Home) - Lot <= 7,000 SF 23 Residential Precise Grading (Custom Home) - Lot > 7,000 SF Partition 24 Partition Labor Permit/ Time (Minutes) Plan Inspection 15 Check 55 Total 70 60 85 145 15 40 55 varies varies - 6 85 91 60 70 130 20 25 45 6 6 6 6 30 40 70 30 16 46 30 75 105 10 36 46 15 40 55 15 45 60 20 25 45 6 6 60 90 150 15 40 55 6 2 8 55 [a] 55 15 15 30 15 75 90 30 55 85 Rate x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x varies x $ 152 x varies = x $ 152 = Cost of Service $ 38.05 $ 140.04 $ 178.09 $ 152.22 $ 216.15 $ 368.36 $ 38.05 $ 101.99 $ 140.04 bill hourly (1 hour min.) $ 15.22 $ 216.15 $ 231.37 $ 152.22 $ 178.09 $ 330.31 $ 50.74 $ 63.42 $ 114.16 $ 15.22 $ $ 15.22 $ 15.22 $ $ 15.22 $ 76.11 $ 101.99 $ 178.09 $ 76.11 $ 40.59 $ 116.70 $ 76.11 $ 190.27 $ 266.38 $ 25.88 $ 91.33 $ 117.21 $ 38.05 $ 101.99 $ 140.04 $ 38.05 $ 114.16 $ 152.22 $ 50.23 $ 63.93 $ 114.16 $ 15.22 $ - $ 15.22 $ 152.22 $ 228.32 $ 380.54 $ 38.05 $ 101.99 $ 140.04 $ 15.22 $ 4.57 $ 19.79 $ 151.43 [a] $ 151.43 $ 38.05 $ 38.05 $ 76.11 $ 38.05 $ 207.28 $ 245.33 $ 76.11 $ 140.04 $ 216.15 Current Fee $ 36.26 $ 133.43 $ 169.69 $ 145.03 $ 205.94 $ 350.97 $ 36.26 $ 97.17 $ 133.43 Bill Hourly $ 14.50 $ 205.94 $ 220.45 $ 145.03 $ 169.69 $ 314.72 n/a n/a n/a n/a n/a n/a n/a n/a n/a $ 72.52 $ 97.17 $ 169.69 $ 72.52 $ 38.67 $ 111.19 $ 72.52 $ 181.29 $ 253.80 $ 24.66 $ 87.02 $ 111.67 $ 36.26 $ 97.17 $ 133.43 $ 36.26 $ 108.77 $ 145.03 $ 47.86 $ 60.91 $ 108.77 $ 14.50 $ - $ 14.50 $ 145.03 $ 217.55 $ 362.58 $ 36.26 $ 97.17 $ 133.43 $ 14.50 $ 4.35 $ 18.85 $ 133.43 [a] varies $ 36.26 $ 36.26 $ 72.52 $ 36.26 $ 181.29 $ 217.55 $ 72.52 $ 133.43 $ 205.94 Input cells shaded in gray Current Cost 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 88% [a] varies 95% 95% 95% 95% 87% 89% 95% 95% 95% 424 36 City of La Quinta Comprehensive Fee and Rate Study Building Fees - Miscellaneous Items Cost of Service Calculation - At Fully -Burdened Hourly Rate Patio Cover / Covered Porch / Lattice 25 Standard, Open, Pre -Engineered (First) 26 Standard, Enclosed, Pre -Engineered (First) 27 Special Design (First) 28 Each Additional Pool / Spa 29 Swimming Pool / Spa 30 Detached Spa / Water Feature 31 Gunite Alteration 32 Equipment Changeout Alone Remodel 33 Non -Structural Review - Up to 100 SF 34 Non -Structural Review - Each Additional 500 SF 35 Structural Review Replacement of Plans/Job Card 36 Replacement of Job Copy of Approved Plans 37 Replacement of Inspection Record Card Re -Roof 38 Re -Roof - Up to 2,000 SF 39 Re -Roof - Each Additional 1,000 SF Room Addition 40 Room Addition - Up to 100 SF 41 Room Addition - Each Additional 500 SF 42 Monument Sign - First 43 Monument Sign - Each Additional 44 Wall/Awning Sign - First 45 Wall/Awning Sign - Each Additional Storage Racks 46 Storage Racks - First 100 LF 47 Storage Racks - Each Additional 100 LF Stucco Application 48 Stucco Application - First 500 SF 49 Stucco Application - Each Additional 500 SF Temporary Trailer 50 Temporary Trailer Utility Release 51 Electrical Utility Release Labor Permit / Time (Minutes) Plan Inspection 40 Check 40 Tota 1 80 40 55 95 55 70 125 20 15 35 75 41 116 75 75 75 41 116 10 38 48 20 56 76 9 7 16 varies varies varies 85 85 15 15 20 41 61 5 5 50 71 121 26 7 33 30 55 85 10 10 10 36 46 10 10 20 10 40 50 5 5 10 31 41 3 3 30 30 30 - 30 Rate x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = Cost of Service $ 101.99 $ 100.46 $ 202.45 $ 101.99 $ 138.52 $ 240.50 $ 140.04 $ 176.57 $ 316.61 $ 50.74 $ 38.05 $ 88.79 $ 190.27 $ 103.51 $ 293.78 $ 190.27 $ - $ 190.27 $ 190.27 $ 103.51 $ 293.78 $ 25.37 $ 96.40 $ 121.77 $ 51.75 $ 141.56 $ 193.31 $ 22.83 $ 18.27 $ 41.10 bill hourly (1 hour min.) $ $ 216.15 $ 216.15 $ $ 38.05 $ 38.05 $ 51.75 $ 103.51 $ 155.26 $ 12.18 $ - $ 12.18 $ 127.86 $ 179.62 $ 307.48 $ 65.45 $ 18.27 $ 83.72 $ 76.11 $ 140.04 $ 216.15 $ 25.88 $ - $ 25.88 $ 25.88 $ 91.33 $ 117.21 $ 25.88 $ 25.88 $ 51.75 $ 25.88 $ 100.46 $ 126.34 $ 12.18 $ - $ 12.18 $ 25.88 $ 77.63 $ 103.51 $ 7.61 $ - $ 7.61 $ 76.11 $ $ 76.11 $ 76.11 $ $ 76.11 Permit Current Fee Plan Inspection $ 97.17 Check $ 95.72 Tota 1 $ 192.89 $ 97.17 $ 131.98 $ 229.15 $ 133.43 $ 168.24 $ 301.66 n/a n/a n/a $ 181.29 $ 98.62 $ 279.91 n/a n/a n/a n/a n/a n/a n/a n/a n/a $ 49.31 $ 134.88 $ 184.19 $ 21.75 $ 17.40 $ 39.16 varies varies varies $ $ 205.94 $ 205.94 $ $ 36.26 $ 36.26 $ 49.31 $ 98.62 $ 147.93 $ 11.60 $ - $ 11.60 $ 121.83 $ 171.14 $ 292.96 $ 62.36 $ 17.40 $ 79.77 $ 72.52 $ 133.43 $ 205.94 $ 24.66 $ - $ 24.66 $ 24.66 $ 87.02 $ 111.67 $ 24.66 $ 24.66 $ 49.31 $ 24.66 $ 95.72 $ 120.38 $ 11.60 $ - $ 11.60 $ 24.66 $ 73.97 $ 98.62 $ 7.25 $ - $ 7.25 $ 72.52 $ - $ 72.52 n/a n/a n/a Input cells shaded in gray Current Permit/ Cost Recovery Plan Inspection 95% Check 95% Total 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 425 37 City of La Quinta Comprehensive Fee and Rate Study Building Fees - Miscellaneous Items Cost of Service Calculation - At Fully -Burdened Hourly Rate / Sliding Glass Door / Other Fenestration 521ndow Retrofit/Repair - Up to 7 53 Retrofit/Repair - Each Additional 5 54 New/Alteration - First 55 New/Alteration - Each Additional Administrative Plan Check Initial Deposit - For Various Non -OTC Items 56 a) Miscellaneous Items 57 b) New Construction 58 Plan Check / Permit Extension Processing 59 Change of Contractor, Architect, Owner Processing 60 Request/Research for Alternative Methods/Product Review 61 Temporary Certificate of Occupancy 62 Disabled Access Compliance Inspection 63 Re -inspection Fee 64 Investigation Fee for Work Commenced Without a Permit Labor Permit / Time (Minutes) Plan Inspection 25 Check 25 Total 50 4 4 40 46 86 4 5 9 60 60 varies varies - 40 40 40 40 varies varies - 55 - 55 60 60 30 30 varies varies - Rate x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = Cost of Service $ 63.93 $ 62.41 $ 126.34 $ 10.66 $ - $ 10.66 $ 101.48 $ 115.68 $ 217.16 $ 10.66 $ 12.18 $ 22.83 $ I $ 152.22 I $ 152.22 varies $ $ 101.99 $ 101.99 $ $ 101.99 $ 101.99 bill hourly (1 hour min.) $ 139.53 $ - $ 139.53 $ $ 152.22 $ 152.22 $ 76.11 $ - $ 76.11 equal to permit fee Current Fee $ 60.91 $ 110.22 $ 171.14 $ 10.15 $ 11.60 $ 21.75 $ 60.91 $ 59.46 $ 120.38 $ 10.15 $ - $ 10.15 n/a n/a n/a n/a n/a n/a $ $ 97.17 $ 97.17 $ $ 97.17 $ 97.17 Bill Hourly -1 Hour Minimum $ 133.43 $ - $ 133.43 $ $ 145.03 $ 145.03 $ 72.52 $ - $ 72.52 equal to permit fee Input cells shaded in gray Current Permit/ Cost Recovery Plan Inspection 95% Check 177% Total 135% 95% 204% 60% 51% 55% 95% 0% 44% 95% 95% 95% 95% 96% 96% 95% 95% 95% 95% varies 426 38 City of La Quinta Comprehensive Fee and Rate Study Building Fees - Miscellaneous Items Cost of Service Calculation - At Targeted Hourly Rate Antenna 1 Dish > 2 Ft 2 Cellular/Mobile Phone 3 Equipment Shelter Appeal 4 Appeal Awning/Canopy (Supported by Building) 5 Awning/Canopy Balcony Addition 6 Balcony Addition Block Wall 7 Block Wall - First 100 LF 8 Block Wall - Each Addt'I 50 LF 9 Retaining / Combination Wall - Each 50 LF Carport 10 Carport - First 11 Carport - Each Additional Compliance Survey/Special Inspection 12 Compliance Survey/Special Inspection Demolition 13 Demolition 14 Demolition - Interior 15 Demolition - Exterior Fence 16 Fence - First 100 LF 17 Fence - Each Additional 50 LF Fireplace 18 Fireplace Flag/Lighting Pole 19 Flag/Lighting Pole - First 20 Flag/Lighting Pole - Each Additional Grading 21 Residential Precise Grading (Tract Homes) - Per Home 22 Residential Precise Grading (Custom Home) - Lot <= 7,000 SF 23 Residential Precise Grading (Custom Home) - Lot > 7,000 SF Partition 24 Partition Labor Permit/ Time (Minutes) Plan Inspection 15 Check 55 Total 70 60 85 145 15 40 55 varies varies - 6 85 91 60 70 130 20 25 45 6 6 6 6 30 40 70 30 16 46 30 75 105 10 36 46 15 40 55 15 45 60 20 25 45 6 6 60 90 150 15 40 55 6 2 8 55 [a] 55 15 15 30 15 75 90 30 55 85 Rate x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x varies x $ 152 x varies = x $ 152 = Cost of Service $ 38.00 $ 139.84 $ 177.84 $ 152.00 $ 215.84 $ 367.84 $ 38.00 $ 101.84 $ 139.84 bill hourly (1 hour min.) $ 15.20 $ 215.84 $ 231.04 $ 152.00 $ 177.84 $ 329.84 $ 50.67 $ 63.33 $ 114.00 $ 15.20 $ $ 15.20 $ 15.20 $ $ 15.20 $ 76.00 $ 101.84 $ 177.84 $ 76.00 $ 40.53 $ 116.53 $ 76.00 $ 190.00 $ 266.00 $ 25.84 $ 91.20 $ 117.04 $ 38.00 $ 101.84 $ 139.84 $ 38.00 $ 114.00 $ 152.00 $ 50.16 $ 63.84 $ 114.00 $ 15.20 $ - $ 15.20 $ 152.00 $ 228.00 $ 380.00 $ 38.00 $ 101.84 $ 139.84 $ 15.20 $ 4.56 $ 19.76 $ 139.84 [a] $ 139.84 $ 38.00 $ 38.00 $ 76.00 $ 38.00 $ 190.00 $ 228.00 $ 76.00 $ 139.84 $ 215.84 Current Fee $ 36.26 $ 133.43 $ 169.69 $ 145.03 $ 205.94 $ 350.97 $ 36.26 $ 97.17 $ 133.43 Bill Hourly $ 14.50 $ 205.94 $ 220.45 $ 145.03 $ 169.69 $ 314.72 n/a n/a n/a n/a n/a n/a n/a n/a n/a $ 72.52 $ 97.17 $ 169.69 $ 72.52 $ 38.67 $ 111.19 $ 72.52 $ 181.29 $ 253.80 $ 24.66 $ 87.02 $ 111.67 $ 36.26 $ 97.17 $ 133.43 $ 36.26 $ 108.77 $ 145.03 $ 47.86 $ 60.91 $ 108.77 $ 14.50 $ - $ 14.50 $ 145.03 $ 217.55 $ 362.58 $ 36.26 $ 97.17 $ 133.43 $ 14.50 $ 4.35 $ 18.85 $ 133.43 [a] varies $ 36.26 $ 36.26 $ 72.52 $ 36.26 $ 181.29 $ 217.55 $ 72.52 $ 133.43 $ 205.94 Input cells shaded in gray Current Cost 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% [a] varies 95% 95% 95% 95% 95% 95% 95% 95% 95% 427 39 City of La Quinta Comprehensive Fee and Rate Study Building Fees - Miscellaneous Items Cost of Service Calculation - At Targeted Hourly Rate Patio Cover / Covered Porch / Lattice 25 Standard, Open, Pre -Engineered (First) 26 Standard, Enclosed, Pre -Engineered (First) 27 Special Design (First) 28 Each Additional Pool / Spa 29 Swimming Pool / Spa 30 Detached Spa / Water Feature 31 Gunite Alteration 32 Equipment Changeout Alone Remodel 33 Non -Structural Review - Up to 100 SF 34 Non -Structural Review - Each Additional 500 SF 35 Structural Review Replacement of Plans/Job Card 36 Replacement of Job Copy of Approved Plans 37 Replacement of Inspection Record Card Re -Roof 38 Re -Roof - Up to 2,000 SF 39 Re -Roof - Each Additional 1,000 SF Room Addition 40 Room Addition - Up to 100 SF 41 Room Addition - Each Additional 500 SF 42 Monument Sign - First 43 Monument Sign - Each Additional 44 Wall/Awning Sign - First 45 Wall/Awning Sign - Each Additional Storage Racks 46 Storage Racks - First 100 LF 47 Storage Racks - Each Additional 100 LF Stucco Application 48 Stucco Application - First 500 SF 49 Stucco Application - Each Additional 500 SF Temporary Trailer 50 Temporary Trailer Utility Release 51 Electrical Utility Release Labor Permit / Time (Minutes) Plan Inspection 40 Check 40 Tota 1 80 40 55 95 55 70 125 20 15 35 75 41 116 75 75 75 41 116 10 38 48 20 56 76 9 7 16 varies varies varies 85 85 15 15 20 41 61 5 5 50 71 121 26 7 33 30 55 85 10 10 10 36 46 10 10 20 10 40 50 5 5 10 31 41 3 3 30 30 30 - 30 Rate x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = Cost of Service $ 101.84 $ 100.32 $ 202.16 $ 101.84 $ 138.32 $ 240.16 $ 139.84 $ 176.32 $ 316.16 $ 50.67 $ 38.00 $ 88.67 $ 190.00 $ 103.36 $ 293.36 $ 190.00 $ - $ 190.00 $ 190.00 $ 103.36 $ 293.36 $ 25.33 $ 96.27 $ 121.60 $ 51.68 $ 141.36 $ 193.04 $ 22.80 $ 18.24 $ 41.04 bill hourly (1 hour min.) $ $ 215.84 $ 215.84 $ $ 38.00 $ 38.00 $ 51.68 $ 103.36 $ 155.04 $ 12.16 $ - $ 12.16 $ 127.68 $ 179.36 $ 307.04 $ 65.36 $ 18.24 $ 83.60 $ 76.00 $ 139.84 $ 215.84 $ 25.84 $ - $ 25.84 $ 25.84 $ 91.20 $ 117.04 $ 25.84 $ 25.84 $ 51.68 $ 25.84 $ 100.32 $ 126.16 $ 12.16 $ - $ 12.16 $ 25.84 $ 77.52 $ 103.36 $ 7.60 $ - $ 7.60 $ 76.00 $ - $ 76.00 $ 76.00 $ - $ 76.00 Permit Current Fee Plan Inspection $ 97.17 Check $ 95.72 Tota 1 $ 192.89 $ 97.17 $ 131.98 $ 229.15 $ 133.43 $ 168.24 $ 301.66 n/a n/a n/a $ 181.29 $ 98.62 $ 279.91 n/a n/a n/a n/a n/a n/a n/a n/a n/a $ 49.31 $ 134.88 $ 184.19 $ 21.75 $ 17.40 $ 39.16 varies varies varies $ $ 205.94 $ 205.94 $ $ 36.26 $ 36.26 $ 49.31 $ 98.62 $ 147.93 $ 11.60 $ - $ 11.60 $ 121.83 $ 171.14 $ 292.96 $ 62.36 $ 17.40 $ 79.77 $ 72.52 $ 133.43 $ 205.94 $ 24.66 $ - $ 24.66 $ 24.66 $ 87.02 $ 111.67 $ 24.66 $ 24.66 $ 49.31 $ 24.66 $ 95.72 $ 120.38 $ 11.60 $ - $ 11.60 $ 24.66 $ 73.97 $ 98.62 $ 7.25 $ - $ 7.25 $ 72.52 $ - $ 72.52 n/a n/a n/a Input cells shaded in gray Current Permit/ Cost Recovery Plan Inspection 95% Check 95% Total 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% 428 40 City of La Quinta Comprehensive Fee and Rate Study Building Fees - Miscellaneous Items Cost of Service Calculation - At Targeted Hourly Rate / Sliding Glass Door / Other Fenestration 521ndow Retrofit/Repair - Up to 7 53 Retrofit/Repair - Each Additional 5 54 New/Alteration - First 55 New/Alteration - Each Additional Administrative Plan Check Initial Deposit - For Various Non -OTC Items 56 a) Miscellaneous Items 57 b) New Construction 58 Plan Check / Permit Extension Processing 59 Change of Contractor, Architect, Owner Processing 60 Request/Research for Alternative Methods/Product Review 61 Temporary Certificate of Occupancy 62 Disabled Access Compliance Inspection 63 Re -inspection Fee 64 Investigation Fee for Work Commenced Without a Permit Labor Permit / Time (Minutes) Plan Inspection 25 Check 25 Total 50 4 4 40 46 86 4 5 9 60 60 varies varies - 40 40 40 40 varies varies - 55 55 60 60 30 30 varies varies - Rate x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = Cost of Service $ 63.84 $ 62.32 $ 126.16 $ 10.64 $ - $ 10.64 $ 101.33 $ 115.52 $ 216.85 $ 10.64 $ 12.16 $ 22.80 $ I $ 152.00 I $ 152.00 varies $ $ 101.84 $ 101.84 $ $ 101.84 $ 101.84 bill hourly (1 hour min.) $ 139.84 $ - $ 139.84 $ $ 152.00 $ 152.00 $ 76.00 $ - $ 76.00 equal to permit fee Current Fee $ 60.91 $ 110.22 $ 171.14 $ 10.15 $ 11.60 $ 21.75 $ 60.91 $ 59.46 $ 120.38 $ 10.15 $ - $ 10.15 n/a n/a n/a n/a n/a n/a $ $ 97.17 $ 97.17 $ $ 97.17 $ 97.17 Bill Hourly -1 Hour Minimum $ 133.43 $ - $ 133.43 $ $ 145.03 $ 145.03 $ 72.52 $ - $ 72.52 equal to permit fee Input cells shaded in gray Current Permit/ Cost Recovery Plan Inspection 95% Check 177% Total 136% 95% 204% 60% 51% 56% 95% 0% 45% 95% 95% 95% 95% 95% 95% 95% 95% 95% 95% varies 429 41 City of La Quinta Comprehensive Fee and Rate Study Building Fees - New Construction Cost of Service Calculation - At Fully -Burdened Hourly Rate New Construction 1 Valuation - $500 2 Valuation - $2,000 3 Valuation - $10,000 4 Valuation - $25,000 5 Valuation - $200,000 6 Valuation - $1,000,000 Plan Check- Multiple Structures - Each Add'I 7 Valuation - All Valuations Labor Permit / Time (Hours) Inspection 0.71 Plan Check 0.93 Total 1.64 0.71 0.93 1.64 2.15 3.50 5.65 3.02 5.25 8.27 4.01 8.50 12.51 7.12 15.58 22.70 see above 0.33 0.33 Rate x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x 1 $ 1521= Input cells shaded in gray Permit / Cost of Service Permit / Current Fee Current Permit/ Cost Recovery Plan Inspection $ 108.07 Plan Check $ 141.56 Total $ 249.64 Inspection $ 50.71 Plan Check $ 70.99 Total $ 121.70 Inspection 47% Check 50% Total 49% $ 108.07 $ 141.56 $ 249.64 $ 102.97 $ 134.88 $ 237.85 95% 95% 95% $ 327.27 $ 532.76 $ 860.02 $ 311.82 $ 507.61 $ 819.42 95% 95% 95% $ 459.69 $ 799.14 $ 1,258.83 $ 437.99 $ 761.41 $ 1,199.40 95% 95% 95% $ 610.39 $ 1,293.84 $ 1,904.23 $ 581.57 $ 1,232.76 $ 1,814.33 95% 95% 95% $ 1,083.78 $ 2,371.53 $ 3,455.31 $ 1,032.62 $ 2,259.57 $ 3,292.19 95% 95% 95% see above $ 50.74 $ 50.74 varies $ 48.34 $ 48.34 95% 95% * When multiple identical units are submitted for review and permitted at the same time, the plan check time for the first unit shall be based on the new construction times above. Assume 20 minutes of plan check time for each additional unit. 430 42 City of La Quinta Comprehensive Fee and Rate Study Building Fees - New Construction Cost of Service Calculation - At Targeted Hourly Rate New Construction 1 Valuation - $500 2 Valuation - $2,000 3 Valuation - $10,000 4 Valuation - $25,000 5 Valuation - $200,000 6 Valuation - $1,000,000 Plan Check- Multiple Structures - Each Add'I 7 Valuation - All Valuations Labor Permit / Time (Hours) Inspection 0.71 Plan Check 0.93 Total 1.64 0.71 0.93 1.64 2.15 3.50 5.65 3.02 5.25 8.27 4.01 8.50 12.51 7.12 15.58 22.70 see above 0.33 0.33 Rate x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x $ 152 = x 1 $ 1521= Input cells shaded in gray Permit / Cost of Service Permit / Current Fee Current Permit/ Cost Recovery Plan Inspection $ 107.92 Plan Check $ 141.36 Total $ 249.28 Inspection $ 50.71 Plan Check $ 70.99 Total $ 121.70 Inspection 47% Check 50% Total 49% $ 107.92 $ 141.36 $ 249.28 $ 102.97 $ 134.88 $ 237.85 95% 95% 95% $ 326.80 $ 532.00 $ 858.80 $ 311.82 $ 507.61 $ 819.42 95% 95% 95% $ 459.04 $ 798.00 $ 1,257.04 $ 437.99 $ 761.41 $ 1,199.40 95% 95% 95% $ 609.52 $ 1,292.00 $ 1,901.52 $ 581.57 $ 1,232.76 $ 1,814.33 95% 95% 95% $ 1,082.24 $ 2,368.16 $ 3,450.40 $ 1,032.62 $ 2,259.57 $ 3,292.19 95% 95% 95% see above $ 50.67 $ 50.67 varies $ 48.34 $ 48.34 95% 95% * When multiple identical units are submitted for review and permitted at the same time, the plan check time for the first unit shall be based on the new construction times above. Assume 20 minutes of plan check time for each additional unit. 431 43 City of La Quinta Comprehensive Fee and Rate Study General Plan/Long-Range Planning Surcharge Cost of Service Calculation General Plan/Long-Range Planning Surcharge Cost 1 2 Information Estimated Consultant Costs Estimated City -staff Costs Total $ 1,000,000 $ 300,000 Notes [a] [b] 3 Total $ 1,300,000 4 Cost Life Cycle (Years) 10 5 Annualized Cost $ 130,000 Statistical 6 Information Average Annual Value of Permitted New Construction Total $ 45,000,288 Notes [c] 7 Average Annual Value of All Permitted Construction $ 65,671,197 [c] 8 New Construction Share of Permitted Construction 69% [d] (targeted share of General Plan update costs to be recovered from development fees) Surcharge 9 Calculation Annual Amount Targeted for Collection from Fees Total $ 89,081 Notes [e] 10 Permitted Value of New Construction $ 45,000,288 11 General Plan Surcharge as a % of building permit new $ 0.00198 construction valuation Input cells shaded in gray [a] Amount intended to represent a conservative estimate of General Plan update costs. In practice costs can run significantly higher and may include specific plan development/updates and other long-range planning -related costs. [b] Assumes 30% of consultant costs. In order to avoid double counting General Plan consulting/long-range planning costs are not considered as part of current planning costs of service. [c] Source: City building permit statistics for FY 12/13 and 13/14. [d] Amounts not borne by development will presumably be paid from the City's General Fund. [e] Estimate of new construction share of annualized costs. 432 44 City of La Quinta Comprehensive Fee and Rate Study Technology Enhancement Surcharge Cost of Service Calculation Technology Enhancement Surcharge Cost 1 2 Information Targeted Annual Costs Recoverable for Enhanced Technology Services Estimated Permit/License/Service Transactions Per Year Total $ 50,000 10,000 Notes [a] [b] 3 Technology Enhancement Estimated Cost Per Transaction $ 5 4 1 Targeted Surcharge Lesser of 2% of permit or $5 [a] Amount intended to be used for consulting service enhancements, hardware/software upgrades, existing software optimization, etc.. [b] Estimate of building permits, planning permits, public works permits, short-term vacation rental permits, business licenses, recreation registrations, etc. Input cells shaded in gray 433 45 City of La Quinta Comprehensive Fee and Rate Study Building Fees for FY 2013/14 Audit of Estimated Annual Labor and Professional Services Hours Annual Permit Statistics Est. Est. Prmt Lbr Time Estimated Total Est. PC Labor Time Est. Prmt Est. Prmt Est. Prmt lssu'nc Lbr Time Total Est. Prmt Est. Total Labor Time Total Permit Type [a] Addition Annual Permit Volume [a] 41 Permit Fees Assessed $ 18,970 Permit Fees Per Project $ 463 Based on Fees Assessed 3.24 Permit Labor Time 133 Est. PC Fees Assessed $ 18,970 Est. PC Fees Per Project $ 463 Based on Fees Assessed 3.24 Total Est. PC Labor Time 133 Issuance Fees Assessed $ 3,726 Issuance Fees Per Project $ 91 Based on Fees Assessed 0.64 Issuance Labor Time 26 Est. Total Fees Assessed $ 41,665 Est. Total Fees Per Project $ 1,016 Based on Fees Assessed 7.11 Esti ]mat Labor Time 291 Carport - $ - $ - - - $ - $ - - - $ - $ - - - $ - $ - - - Commercial New 5 $ 13,789 $ 2,758 19.28 96 $ 13,789 $ 2,758 19.28 96 $ 454 $ 91 0.64 3 $ 28,032 $ 5,606 39.20 196 Demolition 9 $ 287 $ 32 0.22 2 $ 810 $ 90 0.63 6 $ 818 $ 91 0.64 6 $ 1,915 $ 213 1.49 13 Electrical 71 $ 1,895 $ 27 0.19 13 $ 1,698 $ 24 0.17 12 $ 6,452 $ 91 0.64 45 $ 10,044 $ 141 0.99 70 Fence/Wall 220 $ 16,161 $ 73 0.51 113 $ 13,213 $ 60 0.42 92 $ - $ - - - $ 29,374 $ 134 0.93 205 Garage - Res 3 $ 925 $ 308 2.16 6 $ 925 $ 308 2.16 6 $ 273 $ 91 0.64 2 $ 2,122 $ 707 4.95 15 Mechanical 411 $ 34,456 $ 84 0.59 241 $ 21,619 $ 53 0.37 151 $ 37,348 $ 91 0.64 261 $ 93,422 $ 227 1.59 653 New SFR 147 $267,666 $ 1,821 12.73 1,872 $267,666 $ 1,821 12.73 1,872 $ 13,358 $ 91 0.64 93 $ 548,689 $ 3,733 26.10 3,837 New Dwelling -3/4Fam - $ - $ - - - $ - $ - - - $ - $ - - - $ - $ - - - New Dwelling - 5+ Fam 5 $ 53,071 $ 10,614 74.23 371 $ 53,071 $ 10,614 74.23 371 $ 454 $ 91 0.64 3 $ 106,597 $ 21,319 149.09 745 Patio Cover - Residential 97 $ 11,067 $ 114 0.80 77 $ 10,889 $ 112 0.79 76 $ - $ - - - $ 21,955 $ 226 1.58 154 Patio Cover - Commercial 5 $ 854 $ 171 1.19 6 $ 854 $ 171 1.19 6 $ - $ - - - $ 1,708 $ 342 2.39 12 Plumbing 124 $ 1,950 $ 16 0.11 14 $ 1,483 $ 12 0.08 10 $ 11,268 $ 91 0.64 79 $ 14,701 $ 119 0.83 103 Pool 204 $ 45,223 $ 222 1.55 316 $ 24,796 $ 122 0.85 173 $ 18,537 $ 91 0.64 130 $ 88,557 $ 434 3.04 619 Remodel - Commercial 32 $ 13,303 $ 416 2.91 93 $ 13,303 $ 416 2.91 93 $ 2,908 $ 91 0.64 20 $ 29,514 $ 922 6.45 206 Remodel - Residential 108 $ 20,965 $ 194 1.36 147 $ 20,965 $ 194 1.36 147 $ 9,814 $ 91 0.64 69 $ 51,744 $ 479 3.35 362 Re -Roof 88 $ 5,811 $ 66 0.46 41 $ 8,557 $ 97 0.68 60 $ - $ - - - $ 14,369 $ 163 1.14 100 Sign 31 $ 2,791 $ 90 0.63 20 $ 4,447 $ 143 1.00 31 $ 2,817 $ 91 0.64 20 $ 10,056 $ 324 2.27 70 Solar 34 $ 1,267 $ 37 0.26 9 $ 1,267 $ 37 0.26 9 $ 3,090 $ 91 0.64 22 $ 5,623 $ 165 1.16 39 Structures Miscellaneous 19 $ 2,629 $ 138 0.97 18 $ 2,629 $ 138 0.97 18 $ 1,727 $ 91 0.64 12 $ 6,984 $ 368 2.57 49 Special Inspect 73 $ 7,817 $ 107 0.75 55 $ 10,439 $ 143 1.00 73 $ 6,634 $ 91 0.64 46 $ 24,890 $ 341 2.38 174 Temp Trailer 2 $ 274 $ 137 0.96 2 $ 286 $ 143 1.00 2 $ 182 $ 91 0.64 1 $ 742 $ 371 2.59 5 1,729 $521,170 3,438 $119,858 838 $ 1,132,702 7,921 Total 3,645 $491,674 [a] Source: City website statistics for July, 2013 through June, 2014 434 46 Calculation of the Costs of Providing Fee Related Services Planning 435 47 City of La Quinta Comprehensive Fee and Rate Study Planning Fees Cost of Service Calculation Input cells shaded in gray Labor OR Time J Fully - Burd Targ'td Cost At Fully- of Service FBHR @ At Targ'td Volume and Revenue Statistics Est. Revenue Revenue at Fee Fee Description Temporary Use Min. Hrs Avg. Hours Hrly Rate Hrly Rate Burd'nd Rate Average Hours Hourly Rate Current Fee Fee Type Current Cost Recov Proposed Fee Fee Type Proposed Cost Recov Yrly Vol. at Current Fee Proposed Fee lncr/ (Decr) % Incr (Decr) Note 1 Temporary Use Permit- Minor (Standard) 5.00 5.00 $ 197 $ 152 $ 985 $ 985 $ 760 $ 200 flat 20% $ 250 flat 25% 18 $ 3,600 $ 4,500 $ 50 25% 2 Temporary Use Permit - Minor varies varies $ 197 $ 152 varies varies varies n/a n/a n/a $ 250 hrly w/min 77% - varies n/a n/a (Requests Requiring Additional Effort) 3 Temporary Use Permit - Major (Standard) 13.00 13.00 $ 197 $ 152 $ 2,560 $ 2,560 $ 1,976 $ 1,740 flat 68% $ 1,976 flat 77% 21 $ 36,548 $ 41,496 $ 236 14% (Events greater than 200 people) 4 Temporary Use Permit - Major varies varies $ 197 $ 152 varies varies varies n/a n/a n/a $ 1,976 hrly w/ min 77% - varies n/a n/a (Requests Requiring Additional Effort) Minor Use 5 Minor Use Permit 8.00 8.00 $ 197 $ 1S2 $ 1,575 $ 1,S7S $ 1,216 $ 200 flat 13% $ 250 flat 16% 12 $ 2,400 $ 3,000 $ 50 25%. 6 Minor Use Permit - Amendment 5.00 5.00 $ 197 $ 152 $ 985 $ 985 $ 760 $ 200 flat 20% $ 225 flat 23% - $ - $ 25 13% Conditional Use 7 Conditional Use Permit 28.75 38.33 $ 197 $ 152 $ 5,662 $ 7,549 $ 5,827 $ 4,025 hrly w/min 53% $ 5,827 hrly w/min 77% 6 $ 24,148 $ 34,960 $ 1,802 45% 8 Conditional Use Permit - Planned Unit Dev. 28.75 38.33 $ 197 $ 152 $ 5,662 $ 7,549 $ 5,827 $ 4,025 hrly w/ min 53% $ 5,827 hrly w/ min 77% - $ - $ 1,802 45% 9 Conditional Use Permit - Amendment 14.00 18.67 $ 197 $ 152 $ 2,757 $ 3,676 $ 2,837 $ 1,88S hrly w/ min 51% $ 2,837 hrly w/ min 77% - $ - $ 952 50% 10 Conditional Use Permit -Time Extension 10.50 10.50 $ 197 $ 152 $ 2,068 $ 2,068 $ 1,596 $ 1,378 flat 67% $ 1,596 flat 77% - $ - $ 218 16% Site Development 11 Development Agreement 14.00 18.67 $ 197 $ 152 $ 2,757 $ 3,676 $ 2,837 $ 1,88S hrly w/min Sl% $ 2,837 hrly w/min 77% 1 $ 1,885 $ 2,837 $ 952 50% [a] 12 Site Development Permit - Planning Commission 40.00 53.33 $ 197 $ 152 $ 7,877 $ 10,503 $ 8,107 $ 5,656 hrly w/ min 54% $ 8,107 hrly w/ min 77% 8 $ 45,249 $ 64,853 $ 2,450 43% 13 Site Development Permit - Administrative 34.00 45.33 $ 197 $ 152 $ 6,695 $ 8,927 $ 6,891 $ 5,656 hrly w/min 63% $ 6,891 hrly w/min 77% - $ - $ 1,234 22% 14 Site Development Permit - Amendment 21.00 28.00 $ 197 $ 152 $ 4,135 $ 5,514 $ 4,256 $ 2,901 hrly w/min 53% $ 4,256 hrly w/min 77% - $ - $ 1,355 47% 15 Site Development Permit - Time Extension 10.50 10.50 $ 197 $ 152 $ 2,068 $ 2,068 $ 1,596 $ 1,378 flat 67% $ 1,596 flat 77% - $ - $ 218 16% 16 Modification by Applicant 8.00 10.67 $ 197 $ 152 $ 1,575 $ 2,101 $ 1,621 $ 290 hrly w/min 14% $ 304 hrly w/min 77% 13 $ 3,771 $ 3,952 $ 14 5% 17 Minor Adjustment 5.50 7.33 $ 197 $ 152 $ 1,083 $ 1,444 $ 1,115 $ 290 hrly w/min 20% $ 304 hrly w/min 77% 7 $ 2,030 $ 2,128 $ 14 5% 18 Variance 10.50 14.00 $ 197 $ 152 $ 2,068 $ 2,757 $ 2,128 $ 1,378 hrly w/min 50% $ 2,128 hrly w/min 77% - $ - $ 750 54% Landscape Plan 19 Final Landscape Plan - Minor 5.00 5.00 $ 197 $ 152 $ 985 $ 985 $ 760 $ 580 flat 59% $ 760 flat 77% - $ - $ 180 31% (Minor rehab not exceeding 8,000 SF) 20 Final Landscape Plan - Major 11.00 11.00 $ 197 $ 152 $ 2,166 $ 2,166 $ 1,672 $ 1,450 flat 67% $ 1,672 flat 77% 8 $ 11,602 $ 13,376 $ 222 15% Signs 21 A -Frame Sign Permit n/a n/a $ 197 $ 152 n/a n/a n/a $ 0 flat n/a $ 0 flat 0% - $ - n/a n/a n/a 22 Sign Permit 3.50 3.50 $ 197 $ 152 $ 689 $ 689 $ 532 $ 200 flat 29% $ 250 flat 36% 76 $ 15,200 $ 19,000 $ 50 25% 23 Sign Program 13.25 17.67 $ 197 $ 152 $ 2,609 $ 3,479 $ 2,685 $ 2,212 hrly w/ min 64% $ 2,685 hrly w/ min 77% 2 $ 4,423 $ 5,371 $ 474 21% 24 Sign Program Amendment 6.00 6.00 $ 197 $ 152 $ 1,182 $ 1,182 $ 912 $ 725 flat 61% $ 912 flat 77% - $ - $ 187 26% Zoning 25 Zone Change 43.00 57.33 $ 197 $ 152 $ 8,468 $ 11,290 $ 8,715 $ 6,236 hrly w/ min 55% $ 8,715 hrly w/ min 77% 3 $ 18,709 $ 26,144 $ 2,478 40% 26 Director's Determination 4.00 4.00 $ 197 $ 152 $ 788 $ 788 $ 608 $ 200 flat 25% $ 250 flat 32% - $ - $ 50 25% 27 Certificate of Compliance 5.00 5.00 $ 197 $ 152 $ 985 $ 985 $ 760 $ 200 flat 20% $ 250 flat 25% - $ - $ 50 25% 436 48 City of La Quinta Comprehensive Fee and Rate Study Planning Fees Cost of Service Calculation Input cells shaded in gray Labor OR Time j Fully - Burd Targ'td Cost At Fully- of Service FBHR @ At Targ'td Volume and Revenue Statistics Est. Revenue Revenue at Fee Fee 28 DescriptionMin. Zoning Letter - Basic Property Information 2.50 Avg. 2.50 Hrly $ 197 Hrly $ 152 Burd'nd $ 492 Average $ 492 Hourly $ 380 Current $ 200 flat Current 41% Proposed $ 250 flat Proposed 51% Yrly 8 at Current $ 1,600 Proposed $ 2,000 Incr/ D.(Decr) $ 50 % Incr 25% Note 29 Zoning Letter - Basic Property Information with 8.50 8.50 $ 197 $ 152 $ 1,674 $ 1,674 $ 1,292 n/a n/a n/a $ 1,292 flat 77% 2 n/a $ 2,584 n/a n/a Additional Research Required 30 Zoning Text Amendment 44.00 58.67 $ 197 $ 152 $ 8,665 $ 11,553 $ 8,917 $ 6,236 hrlyw/min 54% $ 8,917 hrly w/min 77% 1 $ 6,236 $ 8,917 $ 2,681 43% Street Name Change 31 Street Name Change 11.50 11.50 $ 197 $ 152 $ 2,265 $ 2,265 $ 1,748 $ 1,523 flat 67% $ 1,748 flat 77% - $ - $ 225 15% Historical Structures 32 Landmark Designation/Cert of Appropriateness 13.00 13.00 $ 197 $ 152 $ 2,560 $ 2,560 $ 1,976 $ 1,000 flat 39% $ 1,250 flat 49% - $ - $ 250 25% Environmental Review 33 Environmental Assessment 3.00 3.00 $ 197 $ 152 $ 591 $ 591 $ 456 $ 290 flat 49% $ 456 flat 77% 9 $ 2,611 $ 4,104 $ 166 57% 34 Recordation of Exemption 1.00 1.00 $ 197 $ 152 $ 197 $ 197 $ 152 $ 73 flat 37% $ 152 flat 77% - $ - $ 79 110% 35 Initial Study (ND/MND) 15.00 20.00 $ 197 $ 152 $ 2,954 $ 3,938 $ 3,040 $ 1,450 hrly w/ min 37% $ 3,040 hrly w/ min 77% 6 $ 8,702 $ 18,240 $ 1,590 110% 36 Environmental Impact Report S5.00 55.00 $ 197 $ 152 $ 10,831 $ 10,831 $ 8,360 $ 5,000 hrly w/ min 46% $ 8,360 hrly w/ min 77% - $ - $ 3,360 67% General/Specific Plan 37 Specific Plan 49.00 65.33 $ 197 $ 152 $ 9,649 $ 12,866 $ 9,931 $ 6,381 hrly w/ min 50% $ 9,931 hrly w/ min 77% - $ - $ 3,549 56% 38 Specific Plan - Amendment 21.50 28.67 $ 197 $ 152 $ 4,234 $ 5,645 $ 4,357 $ 2,393 hrly w/ min 42% $ 4,357 hrly w/ min 77% 2 $ 4,786 $ 8,715 $ 1,964 82% 39 General Plan Amendment 48.00 64.00 $ 197 $ 152 $ 9,452 $ 12,603 $ 9,728 $ 6,236 hrly w/min 49% $ 9,728 hrly w/min 77% 1 $ 6,236 $ 9,728 $ 3,492 56% Map 40 Tentative Parcel Map 22.00 29.33 $ 197 $ 152 $ 4,332 $ 5,776 $ 4,459 $ 3,481 hrly w/ min 60% $ 4,459 hrly w/ min 77% 9 $ 31,327 $ 40,128 $ 978 28% 41 Tentative Parcel Map -Waiver 7.50 7.50 $ 197 $ 152 $ 1,477 $ 1,477 $ 1,140 $ 1,233 flat 83% $ 1,140 flat 77% - $ - $ (93) -8% 42 Tentative Parcel Map - Amendment 13.25 17.67 $ 197 $ 152 $ 2,609 $ 3,479 $ 2,685 $ 2,067 hrly w/min 59% $ 2,685 hrly w/min 77% - $ - $ 619 30% 43 Tentative Parcel Map - Revision 13.25 17.67 $ 197 $ 152 $ 2,609 $ 3,479 $ 2,685 $ 2,067 hrly w/min 59% $ 2,685 hrly w/min 77% - $ - $ 619 30% 44 Tentative Parcel Map -Time Extension 6.00 6.00 $ 197 $ 152 $ 1,182 $ 1,182 $ 912 $ 725 flat 61% $ 912 flat 77% - $ - $ 187 26% 45 Tentative Tract Map 37.50 50.00 $ 197 $ 152 $ 7,385 $ 9,846 $ 7,600 $ 5,656 hrly w/ min 57% $ 7,600 hrly w/ min 77% 9 $ 50,906 $ 68,400 $ 1,944 34% 46 Tentative Tract Map - Amendment 17.75 23.67 $ 197 $ 152 $ 3,495 $ 4,661 $ 3,597 $ 2,719 hrly w/ min 58% $ 3,597 hrly w/ min 77% - $ - $ 878 32% 47 Tentative Tract Map - Revision 17.75 23.67 $ 197 $ 152 $ 3,495 $ 4,661 $ 3,597 $ 2,719 hrly w/ min 58% $ 3,597 hrly w/ min 77% - $ - $ 878 32% 48 Tentative Tract Map - Time Extension (CC or PC) 11.50 11.50 $ 197 $ 152 $ 2,265 $ 2,265 $ 1,748 $ 1,523 flat 67% $ 1,748 flat 77% 1 $ 1,523 $ 1,748 $ 225 15% 49 Tentative Tract Map - Time Extension (Admin) 6.50 6.50 $ 197 $ 152 $ 1,280 $ 1,280 $ 988 $ 798 flat 62% $ 988 flat 77% - $ - $ 190 24% 50 Tentative Condominium Map 37.50 50.00 $ 197 $ 152 $ 7,385 $ 9,846 $ 7,600 $ 3,916 hrly w/ min 40% $ 7,600 hrly w/ min 77% - $ - $ 3,684 94% 51 Amended Final Parcel Map (Entitlement Support) 25.00 25.00 $ 197 $ 152 $ 4,923 $ 4,923 $ 3,800 $ 3,481 hrly w/ min 71% $ 3,800 hrly w/ min 77% - $ - $ 319 9% 52 Amended Final Tract Map (Entitlement Support) 40.00 40.00 $ 197 $ 152 $ 7,877 $ 7,877 $ 6,080 $ 5,656 hrly w/ min 72% $ 6,080 hrly w/ min 77% - $ - $ 424 7% Scanning 53 Scanning Fee 1.00 1.00 $ 197 $ 152 $ 197 $ 197 $ 152 $ 145 hrly w/ min 74% $ 152 flat 77% - $ - $ 7 5% Technology Enhancement Fee 54 Technology Enhancement Fee $ 197 $ 152 $ - $ - $ - $ - 2.0% of permit - $ - Appeal 55 Appeal 12.00 12.00 $ 197 $ 152 $ 2,363 $ 2,363 $ 1,824 $ 1,595 flat 68% $ 1,500 flat 63% - $ - $ (95) -6% [a] In addition to the fee shown for Development Agreement, the City shall collect a $2,000 initial deposit to offset City Attorney costs. *The following fees are proposed to be removed from the fee schedule: Conditional Use Permit -Administrative; Village Use Permit; Village Site Development Permit; Village Use Permit -Amendment; Village Use Permit -Time Extension. 437 49 Calculation of the Costs of Providing Fee Related Services Public Works 438 50 City of La Quinta Comprehensive Fee and Rate Study Public Works Fees Cost of Service Calculation Input cells shaded in gray Labor Time Estimated Hourly Fully- Rates Cost of At Fully- Service Current Cost Recov. Current Proposed Recovery Proposed Annual Volume Revenue and Revenue Revenue Statistics Revenue at Fee Percent Fee Description Land Subdivision LaborTime (Hours) Burd'nd Hrly Rate Ta rg'td Hrly Rate Burd'nd Rate At Targ'td Hourly Rate Current Fee Cost Recovery Proposed Fee Cost Recovery Volume Estimate at Current Fee at100% Recovery Proposed Fee Increase or Decrease Increase or Decrease 1 Parcel Map: a) Final Parcel Map I) Initial Sheet 11.50 $ 169 $ 152 $ 1,946 $ 1,748 $ 1,668 86% $ 1,748 90% 10 $ 16,678 $ 19,461 $ 17,480 $ 80 5% ii)Each Additional Sheet 3.50 $ 169 $ 152 $ 592 $ 532 $ 508 86% $ 532 90% 15 $ 7,614 $ 8,884 $ 7,980 $ 24 5% b) Final Parcel Map -Amendment i) Initial Sheet 11.50 $ 169 $ 152 $ 1,946 $ 1,748 $ 1,668 86% $ 1,748 90% 1 $ 1,668 $ 1,946 $ 1,748 $ 80 5% ii) Each Additional Sheet 3.50 $ 169 $ 152 $ 592 $ 532 $ 508 86% $ 532 90% 1 $ 508 $ 592 $ 532 $ 24 5% c) Substantial Conformance Review I) Initial Sheet 17.25 $ 169 $ 152 $ 2,919 $ 2,622 $ 2,502 86% $ 2,622 90% 1 $ 2,502 $ 2,919 $ 2,622 $ 120 5% ii) Each Additional Sheet 8.00 $ 169 $ 152 $ 1,354 $ 1,216 $ 1,160 86% $ 1,216 90% 1 $ 1,160 $ 1,354 $ 1,216 $ 56 5% 2 Tract Map: a) Final Tract Map i) Initial Sheet 12.50 $ 169 $ 152 $ 2,115 $ 1,900 $ 1,813 86% $ 1,900 90% 2 $ 3,626 $ 4,231 $ 3,800 $ 87 5% ii) Each Additional Sheet 4.00 $ 169 $ 152 $ 677 $ 608 $ 580 86% $ 608 90% 6 $ 3,481 $ 4,061 $ 3,648 $ 28 5% b) Final Tract Map - Amendment i) Initial Sheet 12.50 $ 169 $ 152 $ 2,115 $ 1,900 $ 1,813 86% $ 1,900 90% 1 $ 1,813 $ 2,115 $ 1,900 $ 87 5% ii) Each Additional Sheet 4.00 $ 169 $ 152 $ 677 $ 608 $ 580 86% $ 608 90% 1 $ 580 $ 677 $ 608 $ 28 5% c) Substantial Conformance Review i) Initial Sheet 17.25 $ 169 $ 152 $ 2,919 $ 2,622 $ 2,502 86% $ 2,622 90% 1 $ 2,502 $ 2,919 $ 2,622 $ 120 5% ii) Each Additional Sheet 8.00 $ 169 $ 152 $ 1,354 $ 1,216 $ 1,160 86% $ 1,216 90% $ 56 S% 3 Reversion to Acreage: a) Initial Sheet 13.50 $ 169 $ 152 $ 2,285 $ 2,052 $ 1,958 86% $ 2,052 90% - $ 94 5% b) Each Additional Sheet 3.00 $ 169 $ 152 $ 508 $ 456 $ 435 86% $ 456 90% - $ 21 5% 4 Lot Line Adjustment/Parcel Merger a) Lot Line Adjustment 10.00 $ 169 $ 152 $ 1,692 $ 1,520 $ 1,450 86% $ 1,520 90% 12 $ 17,404 $ 20,307 $ 18,240 $ 70 5% b) Parcel Merger 10.00 $ 169 $ 152 $ 1,692 $ 1,520 $ 1,450 86% $ 1,520 90% 23 $ 33,357 $ 38,921 $ 34,960 $ 70 5% 5 Street Dedication/Vacation a) Land Action Documents 11.25 $ 169 $ 152 $ 1,904 $ 1,710 $ 1,632 86% $ 1,710 90% 3 $ 4,895 $ 5,711 $ 5,130 $ 78 5% (ROW/Easements/Grant Deeds) b) Vacation of Street/Public ROW 14.00 $ 169 $ 152 $ 2,369 $ 2,128 $ 2,030 86% $ 2,128 90% 3 $ 6,091 $ 7,107 $ 6,384 $ 98 5% 6 Land Survey a) Record of Survey 3.25 $ 169 $ 152 $ 550 $ 494 $ 471 86% $ 494 90% 1 $ 471 $ 550 $ 494 $ 23 5% b) Certificate of Correction 4.25 $ 169 $ 152 $ 719 $ 646 $ 616 86% $ 646 90% 1 $ 616 $ 719 $ 646 $ 30 5% 439 51 City of La Quinta Comprehensive Fee and Rate Study Public Works Fees Cost of Service Calculation Input cells shaded in gray Labor Time Estimated Hourly Fully- Rates Cost of At Fully- Service Current Cost Recov. Current Proposed Recovery Proposed Annual Volume Revenue and Revenue Revenue Statistics at Fee Percent Fee D. Project Improvements LaborTime Burd'nd Ta rg'td Burd'nd At Targ'td Cost Proposed Cost Volume at Current at100% Proposed Increase or Decreasedm� Increase or Decrease 7 Plan Review (First 3 Reviews): a) Rough Grading i) Initial Sheet 9.25 $ 169 $ 152 $ 1,565 $ 1,406 $ 1,342 86% $ 1,406 90% 7 $ 9,391 $ 10,957 $ 9,842 $ 64 5% ii) Each Additional Sheet 5.00 $ 169 $ 152 $ 846 $ 760 $ 725 86% $ 760 90% 45 $ 32,632 $ 38,075 $ 34,200 $ 35 5% iii) Revisions - Initial Sheet 7.13 $ 169 $ 152 $ 1,207 $ 1,084 $ 1,033 86% $ 1,084 90% 2 $ 2,067 $ 2,413 $ 2,168 $ 50 5% iv) Revisions - Each Additional Sheet 5.00 $ 169 $ 152 $ 846 $ 760 $ 725 86% $ 760 90% 2 $ 1,450 $ 1,692 $ 1,520 $ 35 5% b) Precise Grading - Commercial I) Initial Sheet 11.25 $ 169 $ 152 $ 1,904 $ 1,710 $ 1,632 86% $ 1,710 90% 3 $ 4,895 $ 5,711 $ 5,130 $ 78 5% ii) Each Additional Sheet 7.00 $ 169 $ 152 $ 1,18S $ 1,064 $ 1,01S 86% $ 1,064 90% 10 $ 10,152 $ 11,846 $ 10,640 $ 49 5% iii) Revisions - Initial Sheet 9.13 $ 169 $ 152 $ 1,545 $ 1,388 $ 1,323 86% $ 1,388 90% 2 $ 2,647 $ 3,090 $ 2,776 $ 64 5% iv) Revisions - Each Additional Sheet 7.00 $ 169 $ 152 $ 1,18S $ 1,064 $ 1,015 86% $ 1,064 90% 2 $ 2,030 $ 2,369 $ 2,128 $ 49 5% c) Precise Grading - Tract Homes i) Initial Sheet 6.50 $ 169 $ 152 $ 1,100 $ 988 $ 943 86% $ 988 90% 27 $ 25,453 $ 29,699 $ 26,676 $ 45 5% ii) Each Additional Sheet 1.25 $ 169 $ 152 $ 212 $ 190 $ 181 86% $ 190 90% 27 $ 4,895 $ 5,711 $ 5,130 $ 9 5% iii) Revisions - Initial Sheet 3.88 $ 169 $ 152 $ 657 $ 590 $ 562 86% $ 590 90% 25 $ 14,050 $ 16,415 $ 14,744 $ 28 5% iv) Revisions - Each Additional Sheet 1.25 $ 169 $ 152 $ 212 $ 190 $ 181 86% $ 190 90% 12 $ 2,175 $ 2,538 $ 2,280 $ 9 5% d) Precise Grading - Custom Home 1.25 40 [a] e) PM10 i) Initial Sheet 9.25 $ 169 $ 152 $ 1,56S $ 1,406 $ 507 32% $ 550 35% 8 $ 4,057 $ 12,522 $ 4,400 $ 43 8% ii) Each Additional Sheet 5.00 $ 169 $ 152 $ 846 $ 760 $ - $ - 10 $ 8,461 iii) Revisions - Initial Sheet 7.13 $ 169 $ 152 $ 1,207 $ 1,084 $ 380 32% $ 425 35% 2 $ 761 $ 2,413 $ 850 $ 45 12% iv) Revisions - Each Additional Sheet 5.00 $ 169 $ 152 $ 846 $ 760 $ - $ - 2 $ 1,692 f) Street Improvements i) Initial Sheet 10.25 $ 169 $ 152 $ 1,735 $ 1,558 $ 1,487 86% $ 1,558 90% 10 $ 14,866 $ 17,345 $ 15,580 $ 71 5% ii) Each Additional Sheet 6.00 $ 169 $ 152 $ 1,015 $ 912 $ 870 86% $ 912 90% 70 $ 60,913 $ 71,074 $ 63,840 $ 42 5% iii) Revisions - Initial Sheet 8.13 $ 169 $ 152 $ 1,376 $ 1,236 $ 1,178 86% $ 1,236 90% 5 $ 5,892 $ 6,879 $ 6,179 $ 57 5% iv) Revisions - Each Additional Sheet 6.00 $ 169 $ 152 $ 1,015 $ 912 $ 870 86% $ 912 90% 5 $ 4,351 $ 5,077 $ 4,560 $ 42 5% g) Storm Drain i) Initial Sheet 10.25 $ 169 $ 152 $ 1,735 $ 1,558 $ 1,487 86% $ 1,558 90% 7 $ 10,406 $ 12,142 $ 10,906 $ 71 5% ii) Each Additional Sheet 6.00 $ 169 $ 152 $ 1,015 $ 912 $ 870 86% $ 912 90% 14 $ 12,183 $ 14,215 $ 12,768 $ 42 5% iii) Revisions - Initial Sheet 8.13 $ 169 $ 152 $ 1,376 $ 1,236 $ 1,178 86% $ 1,236 90% 2 $ 2,357 $ 2,752 $ 2,472 $ 57 5% iv) Revisions - Each Additional Sheet 6.00 $ 169 $ 152 $ 1,015 $ 912 $ 870 86% $ 912 90% 2 $ 1,740 $ 2,031 $ 1,824 $ 42 5% 440 52 City of La Quinta Comprehensive Fee and Rate Study Public Works Fees Cost of Service Calculation Input cells shaded in gray Labor Time Estimated Hourly Fully- Rates Cost of At Fully- Service Current Cost Recov. Current Proposed Recovery Proposed Annual Volume Revenue and Revenue Revenue Statistics Revenue at Fee Percent Fee Description h) Signing and Striping LaborTime (Hours) Burd'nd Hrly Rate Ta rg'td Hrly Rate Burd'nd Rate At Targ'td Hourly Rate Current Fee Cost Recovery Proposed Fee Cost Recovery Volume Estimate at Current Fee at100% Recovery Proposed Fee Increase or Decrease Increase or Decrease i) Initial Sheet 9.25 $ 169 $ 152 $ 1,565 $ 1,406 $ 1,342 86% $ 1,406 90% 3 $ 4,025 $ 4,696 $ 4,218 $ 64 5% ii) Each Additional Sheet 5.00 $ 169 $ 152 $ 846 $ 760 $ 725 86% $ 760 90% 3 $ 2,175 $ 2,538 $ 2,280 $ 35 5% iii) Revisions - Initial Sheet 7.13 $ 169 $ 152 $ 1,207 $ 1,084 $ 1,033 86% $ 1,084 90% - $ 50 5% iv) Revisions - Each Additional Sheet 5.00 $ 169 $ 152 $ 846 $ 760 $ 725 86% $ 760 90% $ 35 5% i) Traffic Signal I) Initial Sheet 8.25 $ 169 $ 152 $ 1,396 $ 1,254 $ 1,197 86% $ 1,254 90% 1 $ 1,197 $ 1,396 $ 1,254 $ 57 5% ii) Each Additional Sheet 4.00 $ 169 $ 152 $ 677 $ 608 $ 580 86% $ 608 90% 1 $ 580 $ 677 $ 608 $ 28 5% iii) Revisions - Initial Sheet 6.13 $ 169 $ 152 $ 1,037 $ 932 $ 888 86% $ 932 90% $ 43 5% iv) Revisions - Each Additional Sheet 4.00 $ 169 $ 152 $ 677 $ 608 $ 580 86% $ 608 90% - $ 28 5% j) Sidewalk i) Initial Sheet 7.25 $ 169 $ 152 $ 1,227 $ 1,102 $ 1,051 86% $ 1,102 90% 1 $ 1,051 $ 1,227 $ 1,102 $ 51 5% ii)Each Additional Sheet 3.00 $ 169 $ 152 $ 508 $ 456 $ 435 86% $ 456 90% 1 $ 435 $ 508 $ 456 $ 21 5% iii) Revisions - Initial Sheet 5.13 $ 169 $ 152 $ 868 $ 780 $ 743 86% $ 780 90% - $ 36 5% iv) Revisions - Each Additional Sheet 3.00 $ 169 $ 152 $ 508 $ 456 $ 435 86% $ 456 90% - $ 21 5% k)Traffic Control Plan 0.50 $ 169 $ 152 $ 85 $ 76 $ 73 86% $ 76 90% 40 $ 2,901 $ 3,384 $ 3,040 $ 3 5% 1) Record Drawings Review i)Initial Sheet 5.25 $ 169 $ 152 $ 888 $ 798 $ 761 86% $ 798 90% 2 $ 1,523 $ 1,777 $ 1,596 $ 37 5% ii) Each Additional Sheet 1.00 $ 169 $ 152 $ 169 $ 152 $ 145 86% $ 152 90% 2 $ 290 $ 338 $ 304 $ 7 5% m) Hydrology Report 10.75 $ 169 $ 152 $ 1,819 $ 1,634 $ 1,559 86% $ 1,634 90% 8 $ 12,473 $ 14,553 $ 13,072 $ 75 5% i) Revisions 5.00 $ 169 $ 152 $ 846 $ 760 $ 725 86% $ 760 90% - $ 35 5% n) Traffic Study 8.25 $ 169 $ 152 $ 1,396 $ 1,254 $ 1,197 86% $ 1,254 90% 1 $ 1,197 $ 1,396 $ 1,254 $ 57 5% o) WQMP Report I) With Prior Entitlement 9.75 $ 169 $ 152 $ 1,650 $ 1,482 $ 1,414 86% $ 1,482 90% 5 $ 7,070 $ 8,250 $ 7,410 $ 68 5% ii) Without Prior Entitlement 11.75 $ 169 $ 152 $ 1,988 $ 1,786 $ 1,704 86% $ 1,786 90% 1 $ 1,704 $ 1,988 $ 1,786 $ 82 5% iii) Revisions 5.00 $ 169 $ 152 $ 846 $ 760 $ 725 86% $ 760 90% $ 35 5% p) SWPPP 11.25 $ 169 $ 152 $ 1,904 $ 1,710 $ 1,632 86% $ 1,710 90% 5 $ 8,158 $ 9,519 $ 8,550 $ 78 5% i) Revisions 4.00 $ 169 $ 152 $ 677 $ 608 $ 580 86% $ 608 90% $ 28 5% q) Sewer and Water i) Initial Sheet 7.00 $ 169 $ 152 $ 1,185 $ 1,064 $ 1,015 86% $ 1,064 90% 2 $ 2,030 $ 2,369 $ 2,128 $ 49 5% ii)Each Additional Sheet 3.00 $ 169 $ 152 $ 508 $ 456 $ 435 86% $ 456 90% 2 $ 870 $ 1,015 $ 912 $ 21 5% iii) Revisions - Initial Sheet 5.00 $ 169 $ 152 $ 846 $ 760 $ 725 86% $ 760 90% - $ 35 5% iv) Revisions - Each Additional Sheet 3.00 $ 169 $ 152 $ 508 $ 456 $ 435 86% $ 456 90% - $ 21 5% 8 Plan Review (>3 Reviews) 1.00 $ 169 $ 152 $ 169 $ 152 $ 145 86% $ 152 90% 5 $ 725 $ 846 $ 760 $ 7 5% 441 53 City of La Quinta Comprehensive Fee and Rate Study Public Works Fees Cost of Service Calculation Input cells shaded in gray Labor Time Estimated Hourly Fully- Rates Cost of At Fully- Service Current Cost Recov. Current Proposed Recovery Proposed Annual Volume Revenue and Revenue Revenue Statistics Revenue at Fee Percent Fee D. Expedited Plan Review Fee LaborTime varies Burd'nd $ 169 Ta rg'td $ 152 Burd'nd varies At Targ'td varies n/a Cost n/a Proposed 1.5x Cost varies Volume - at Current $ - at100% $ - Proposed $ - Increase or Decrease n/a Increase or Decrease n/a standard fee 10 Permit Inspection a) Rough Grading I) First 3 Acres 20.00 $ 169 $ 152 $ 3,384 $ 3,040 $ 2,901 86% $ 3,040 90% 2 $ 5,801 $ 6,769 $ 6,080 $ 139 5% ii) Each Additional Acre 2.50 $ 169 $ 152 $ 423 $ 380 $ 363 86% $ 380 90% - $ 17 5% b) Precise Grading i) First 3 Acres 20.00 $ 169 $ 152 $ 3,384 $ 3,040 $ 2,901 86% $ 3,040 90% 10 $ 29,006 $ 33,845 $ 30,400 $ 139 5% ii) Each Additional Acre 2.50 $ 169 $ 152 $ 423 $ 380 $ 363 86% $ 380 90% $ 17 5% c) Precise Grading - Tract Homes 0.92 - [b] d) Precise Grading - Custom Homes 0.25 - [b] e) PM10 I) < 10 Acres 24.00 $ 169 $ 152 $ 4,061 $ 3,648 $ 3,481 86% $ 3,648 90% 12 $ 41,769 $ 48,736 $ 43,776 $ 167 5% [c] ii) 10 - 50 Acres 36.00 $ 169 $ 152 $ 6,092 $ 5,472 $ 5,221 86% $ 5,472 90% - $ 251 5% [c] 111) 51 - 200 Acres 48.00 $ 169 $ 152 $ 8,123 $ 7,296 $ 6,961 86% $ 7,296 90% $ 335 5% [c] iv) >200Acres 72.00 $ 169 $ 152 $ 12,184 $ 10,944 $ 10,442 86% $ 10,944 90% - $ 502 5% [c] f) Street Improvements - Off -Site i) First 1,000 LF 32.00 $ 169 $ 152 $ 5,415 $ 4,864 $ 4,641 86% $ 4,864 90% 9 $ 41,769 $ 48,736 $ 43,776 $ 223 5% ii) Each Additional 1,000 LF 18.00 $ 169 $ 152 $ 3,046 $ 2,736 $ 2,611 86% $ 2,736 90% - $ 125 5% g) Street Improvements - On -Site I) First 1,000 LF 22.00 $ 169 $ 152 $ 3,723 $ 3,344 $ 3,191 86% $ 3,344 90% 9 $ 28,716 $ 33,506 $ 30,096 $ 153 5% ii) Each Additional 1,000 LF 12.00 $ 169 $ 152 $ 2,031 $ 1,824 $ 1,740 86% $ 1,824 90% $ 84 5% h) Storm Drain i) First 1,000 LF 12.00 $ 169 $ 152 $ 2,031 $ 1,824 $ 1,740 86% $ 1,824 90% 12 $ 20,884 $ 24,368 $ 21,888 $ 84 5% ii) Each Additional 1,000 LF 6.00 $ 169 $ 152 $ 1,015 $ 912 $ 870 86% $ 912 90% - $ 42 5% i) Signing and Striping i) First 1,000 LF 10.00 $ 169 $ 152 $ 1,692 $ 1,520 $ 1,450 86% $ 1,520 90% 12 $ 17,404 $ 20,307 $ 18,240 $ 70 5% ii) Each Additional 1,000 LF 3.00 $ 169 $ 152 $ 508 $ 456 $ 435 86% $ 456 90% - $ 21 5% j) Traffic Signal 22.00 $ 169 $ 152 $ 3,723 $ 3,344 $ 3,191 86% $ 3,344 90% 1 $ 3,191 $ 3,723 $ 3,344 $ 153 5% k) NPDES 12.00 $ 169 $ 152 $ 2,031 $ 1,824 $ 1,740 86% $ 1,824 90% - $ 84 5% 1) Bond Reduction Request 13.50 $ 169 $ 152 $ 2,285 $ 2,052 $ 1,958 86% $ 2,052 90% 2 $ 3,916 $ 4,569 $ 4,104 $ 94 5% m) Final Inspection/Acceptance 18.00 $ 169 $ 152 $ 3,046 $ 2,736 $ 2,611 86% $ 2,736 90% 5 $ 13,053 $ 15,230 $ 13,680 $ 125 5% 442 54 City of La Quinta Comprehensive Fee and Rate Study Public Works Fees Cost of Service Calculation Input cells shaded in gray Labor Time Estimated Hourly Fully- Rates Cost of At Fully- Service Current Cost Recov. Current Proposed Recovery Proposed Annual Volume Revenue and Revenue Revenue Statistics Revenue at Fee Percent Fee D• n) Traffic Control Only LaborTime Burd'nd Ta rg'td Burd'nd At Targ'tc! Cost Proposed Cost Volume at Current at100% Proposed Increase or Decrease Increase or i) One Day 2.00 $ 169 $ 152 $ 338 $ 304 $ 290 86% $ 304 90% 88 $ 25,525 $ 29,783 $ 26,752 $ 14 5% ii)Two - Five Days 4.00 $ 169 $ 152 $ 677 $ 608 $ 580 86% $ 608 90% - $ 28 5% iii) Each Additional Day (Up to 10 Days) 2.00 $ 169 $ 152 $ 338 $ 304 $ 304 90% - iv) 11+Days 18.50 $ 169 $ 152 $ 3,131 $ 2,812 $ 2,683 86% $ 2,812 90% - $ 129 5% a)Cut/Bore 4.50 $ 169 $ 152 $ 762 $ 684 $ 1,378 181% $ 684 90% 3 $ 4,133 $ 2,285 $ 2,052 $ (694) -50% p) Driveway i) Residential 3.00 $ 169 $ 152 $ 508 $ 456 $ 145 29% $ 152 30% 21 $ 3,046 $ 10,661 $ 3,192 $ 7 5% ii) Commercial 6.50 $ 169 $ 152 $ 1,100 $ 988 $ 943 86% $ 988 90% - $ 45 5% q) Excavation I) First 100 Lineal Feet 4.50 $ 169 $ 152 $ 762 $ 684 $ 653 86% $ 684 90% 8 $ 5,221 $ 6,092 $ 5,472 $ 31 5% ii) Each Additional 100 Lineal Feet 1.00 $ 169 $ 152 $ 169 $ 152 $ 145 86% $ 152 90% - $ 7 5% r) Sidewalk i) First 100 Lineal Feet 6.50 $ 169 $ 152 $ 1,100 $ 988 $ 943 86% $ 988 90% 10 $ 9,427 $ 10,999 $ 9,880 $ 45 5% ii) Each Additional 100 Lineal Feet 2.00 $ 169 $ 152 $ 338 $ 304 $ 290 86% $ 304 90% 30 $ 8,702 $ 10,153 $ 9,120 $ 14 5% s) Sewer and Water 8.00 $ 169 $ 152 $ 1,354 $ 1,216 $ 1,160 86% $ 1,216 90% 10 $ 11,602 $ 13,538 $ 12,160 $ 56 5% t) Night Work 2.50 $ 169 $ 152 $ 423 $ 380 $ 363 86% $ 380 90% 3 $ 1,088 $ 1,269 $ 1,140 $ 17 5% 11 Research/Administrative a) Subdiv'n Improvement Agreem't (SIA) 12.00 $ 169 $ 152 $ 2,031 $ 1,824 $ 1,740 86% $ 1,824 90% 5 $ 8,702 $ 10,153 $ 9,120 $ 84 5% b)SIA - Time Extension 7.00 $ 169 $ 152 $ 1,185 $ 1,064 $ 1,015 86% $ 1,064 90% 5 $ 5,076 $ 5,923 $ 5,320 $ 49 5% c) Assignment & Assumptions Agreem't 13.00 $ 169 $ 152 $ 2,200 $ 1,976 $ 1,885 86% $ 1,976 90% 2 $ 3,771 $ 4,400 $ 3,952 $ 91 5% d) Flood Plain Research/FEMA App 6.00 $ 169 $ 152 $ 1,015 $ 912 $ 870 86% $ 912 90% $ 42 5% 12 Reactivation of Permit a) Reactivation of an Expired Permit 3.00 $ 169 $ 152 $ 508 $ 456 $ 435 86% $ 456 90% 3 $ 1,305 $ 1,523 $ 1,368 $ 21 5% 13 Technology Enhancement Fee Technology Enhancement Fee $ 169 $ 152 $ - $ - $ - 2.0% 14 Transportation Permits a) Annual 2.50 $ 169 $ 152 $ 423 $ 380 $ 90 21% $ 90 21% 15 $ 1,350 $ 6,346 $ 1,350 $ - 0% b) Single Event 1.50 $ 169 $ 152 $ 254 $ 228 $ 15 6% $ 16 6% 81 $ 1,215 $ 20,561 $ 1,296 $ 1 7% [a] Plan review fees for Precise Grading - Custom Home are identified as part of the Building fee schedule and are based on the lot size of the custom home. See Building fee schedule, Grading section. [b] Inspection fees for Precise Grading- Custom Homes and Tract Homes are identified as part of the Building fee schedule. See Building fee schedule, Grading section. [c) For PM10 annual permit. For permits required for less than one year, or portion of year, fees will be pro -rated based on the number of months permitted. 443 55 Calculation of the Costs of Providing Fee Related Services NPDES Ongoing Inspections 444 56 City of La Quinta Comprehensive Fee and Rate Study Calculation of Estimated Cost of Service and Cost Recovery Analysis - NPDES Inspections Contract Service Cost Contract Description Hazardous Waste/Materials Facilities $229 Food Establishment Facilities $137 In -House Staff Time (Per Year) Description Hours Per Year Target Hourly Rate 24 $152 Total Yearly Cost $3,648 Number of Facilities 221 Estimated Cost Per Facility $17 Estimated Cost of Service and Revenue Analysis at Full Cost Recovery (Part 1) Estimated Cost of Service and Revenue Analysis at Full Cost Recovery (Part 2) -Am Annual Fee Per or— Estimated Total Annual Business @ Full ir Facility Count Costs Cost Recovery Food Establishment Facilities 124 $5,444 $44 Hazardous Waste/Materials Facilities -3Yr 87 $8,077 $93 Hazardous Waste/Materials Facilities - 1Yr 10 $2,455 $246 Total 221 $15,977 $72 Cost Recovery Analysis Revenue Analysis Cost Recovery Analysis - Code Compliance Follow -Up, If Required Code Compliance Follow -Up, If Required I n/a 1 $103 1 n/a 1 $103 1 100% Input cells shaded in gray 445 57 Calculation of the Costs of Providing Fee Related Services Short -Term Vacation Rental Permit Fee 446 58 City of La Quinta Comprehensive Fee and Rate Study Calculation of Estimated Regulatory Costs of Administering the City's Short -Term Vacation Rental Program Estimated Labor Costs Estimated Direct Non -Labor Costs Associated with Regulation of the STVR Program STVR Consultant $42,500 Phone Service $5,000 Total $47,500 Estimated Departmental and Citywide Overhead Estimated Overhead 1 $151,986 1 35% 1 $53,195 Total Estimated Annual Regulatory Costs Description Labor $104,486 Non -Labor Svcs & Supplies $47,500 Departmental and Citywide Overhead $53,195 Total $205,181 Total Estimated Cost of Service for STVR Regulatory Efforts Associated with Registration and Monitoring (Assuming Varying Number of Registered Units) Estimated Revenue Impact Assuming Various Fee Scenarios (Assuming 1,100 Registrations) Current Proposed De Count=-IrCurrent Fee Proposed Fee Revenue Revenue Difference 1,100 Registrations (No Fee Change) 1,100 $25 $25 $27,500 $27,500 $0 1,100 Registrations (@ 50% Cost Recovery) 1,100 $25 $93 $27,500 $102,590 $75,090 1,100 Registrations (@ 100%Cost Recovery) 1,100 $25 $187 $27,500 $205,181 $177,681 Calculation of the Costs of Providing Fee Related Services Vehicle Impound Cost Recovery (VICR) 448 60 City of La Quinta Vehicle Impound Cost Recovery Fee Calculation of Estimated Cost of Service and Cost Recovery Analysis Cost of Service Calculation Deputy 1.00 x $149 = $149 Office Assistant 0.50 x $32 = $16 Sergeant 0.25 x $98 = $24 ISB Operator 0.25 x $38 = $9 Accounting Technician 0.25 x $36 = $9 Total 2.25 x varies = $208 Source: Labor time and hourly rate information provided by City of La Quinta Police Department Cost Recovery Analysis Input cells shaded in gray 449 61 Working Version of the Master Fee Schedule 450 62 City of La Quinta Comprehensive Fee and Rate Study Building Fees - Mechanical, Plumbing, and Electrical Permits Working Version of the Master Fee Schedule ee Description Permit Current Fee PC Total Current Permit Cost Recovery PC Total Permit Proposed Fee PC Total Proposed Permit Cost Recovery PC Total Permit Issuance 1 Permit Issuance (Mechanical, Plumbing, Electrical) $ 92 $ 92 95% 95% $ 96 $ 96 100% 100% Mechanical 2 Installation or relocation of each forced -air or gravity -type $ 36 $ 24 $ 60 95% 95% 95% $ 38 $ 25 $ 63 100% 100% 100% furnace or burner, including ducts and vents attached to such appliance 3 Installation or relocation of each suspended heater, recessed $ 24 $ 12 $ 36 95% 95% 95% $ 25 $ 13 $ 38 100% 100% 100% wall heater, or floor -mounted unit heater 4 Repair of, alteration of, or addition to each heating appliance, $ 12 $ 5 $ 17 95% 95% 95% $ 13 $ 5 $ 18 100% 100% 100% refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption, or evaporative cooling system, including installation of controls regulated by the UMC 5 Installation or relocation of each boiler, condenser, compressor, $ 36 $ 24 $ 60 95% 95% 95% $ 38 $ 25 $ 63 100% 100% 100% or each absorption system 6 Air -handling unit, including attached ducts $ 36 $ 12 $ 48 95% 95% 95% $ 38 $ 13 $ 51 100% 100% 100% 7 Evaporative cooler, other than portable -type $ 12 $ 12 $ 24 95% 95% 95% $ 13 $ 13 $ 25 100% 100% 100% 8 Ventilation fan connected to a single -duct $ 12 $ 5 $ 17 95% 95% 95% $ 13 $ 5 $ 18 100% 100% 100% 9 Installation of each hood which is served by mechanical exhaust, $ 12 $ 5 $ 17 95% 95% 95% $ 13 $ 5 $ 18 100% 100% 100% including the ducts for such hood 10 Each appliance or piece of equipment not classified in other $ 36 $ 36 $ 73 95% 95% 95% $ 38 $ 38 $ 76 100% 100% 100% appliance categories, or for which no other fee is listed Mechanical Change -Out 11 Condenser Only n/a n/a n/a $ 38 $ 25 $ 63 100% 100% 100% 12 Furnace Only n/a n/a n/a $ 38 $ 25 $ 63 100% 100% 100% 13 Other Equipment n/a n/a n/a $ 38 $ 38 $ 76 100% 100% 100% 14 Packaged Unit n/a n/a n/a $ 38 $ 25 $ 63 100% 100% 100% 15 Repair/Alteration n/a n/a n/a $ 13 $ 5 $ 18 100% 100% 100% 16 Split -System n/a n/a n/a $ 38 $ 76 $ 114 100% 100% 100% Plumbing 17 Each plumbing fixture or trap or set of fixtures on one trap $ 12 $ 12 $ 24 95% 95% 95% $ 13 $ 13 $ 25 100% 100% 100% (including water, drainage piping, and backflow protection) 18 Sewer Connection / Septic Abandonment $ 12 $ 12 $ 24 48% 68% 56% $ 25 $ 18 $ 43 100% 100% 100% 19 Rainwater systems, per drain (inside building) $ 12 $ 12 $ 24 95% 95% 95% $ 13 $ 13 $ 25 100% 100% 100% 20 Water heater and/or vent $ 12 $ 7 $ 19 95% 95% 95% $ 13 $ 8 $ 20 100% 100% 100% 21 Industrial waste pretreatment interceptor including its trap and $ 36 $ 12 $ 48 95% 95% 95% $ 38 $ 13 $ 51 100% 100% 100% vent, excepting kitchen -type grease interceptors functioning as fixture traps 22 Installation, alteration, or repair of water piping and/or water- $ 12 $ 12 $ 24 95% 95% 9544> $ 13 $ 13 $ 25 100% 100% 100% treating equipment, drainage or vent piping, each fixture $ 4 5% $ 3 5% $ 2 5% $ 1 5% $ 3 5% $ 2 5% $ 1 5% $ 1 5% $ 1 5% $ 3 5% $ 1 5% $ 19 78% $ 1 5% $ 1 5% $ 2 5% $ 1 5% 451 63 City of La Quinta Comprehensive Fee and Rate Study Building Fees - Mechanical, Plumbing, and Electrical Permits Working Version of the Master Fee Schedule Fee Current Cost Recovery Proposed Fee Proposed Cost Recovery �- 23 DescriptionCurrent Backflow protective device other than atmospheric -type $ 12 $ 5 $ 17 95% 95% 95% $ 13 $ 5 $ 18 100% 100% 100% $ 1 S% vacuum breakers 24 Gas piping system - 1 to 4 outlets $ 12 $ 24 $ 36 95% 95% 95% $ 13 $ 25 $ 38 100% 100% 100% $ 2 S% 25 Gas piping system - 5 or more outlets $ 36 $ 24 $ 60 95% 95% 95% $ 38 $ 25 $ 63 100% 100% 100% $ 3 S% 26 Solar (Thermal) n/a n/a n/a $ 25 $ 25 $ 51 100% 100% 100% Electrical New Construction 27 Residential - First 1,000 SF $ 145 $ 48 $ 193 95% 95% 95% $ 152 $ 50 $ 202 100% 100% 100% $ 9 5% (includes livable and non -livable SF) 28 Residential - Each Additional 1,000 SF $ 12 $ 5 $ 17 95% 95% 95% $ 13 $ 5 $ 18 100% 100% 100% $ 1 5% (includes livable and non -livable SF) 29 Non -Residential - First 2,000 SF $ 109 $ 84 $ 193 95% 95% 95% $ 114 $ 88 $ 202 100% 100% 100% $ 9 S% 30 Non -Residential - Each Additional 2,000 SF $ 36 $ 10 $ 46 95% 95% 95% $ 38 $ 10 $ 48 100% 100% 100% $ 2 S% Solar (Photovoltaic) 31 Solar (PV) Less than 101<W n/a n/a n/a $ 25 $ 25 $ 51 100% 100% 100% 32 Solar (PV) Greater than 10kW n/a n/a n/a $ 38 $ 38 $ 76 100% 100% 100% 33 Each Additional String (<20) n/a n/a n/a $ 3 $ 1 $ 3 100% 100% 100% Receptacle, Switch, and Lighting Outlets 34 Receptacle, switch, lighting, or other outlets at which current is $ 24 $ 24 $ 48 95% 95% 95% $ 25 $ 25 $ 51 100% 100% 100% $ 2 5% used or controlled, except services, feeders, and meters - first 20 35 Receptacle, switch, lighting, or other outlets at which current is $ 2 $ 1 $ 3 95% 95% 95% $ 3 $ 1 $ 3 100% 100% 100% $ 0 5% used or controlled, except services, feeders, and meters - each additional Lighting Fixtures 36 Lighting fixtures, sockets, or other lamp -holding devices - first 20 $ 24 $ 24 $ 48 95% 95% 95% $ 25 $ 25 $ 51 100% 100% 100% $ 2 S% 37 Lighting fixtures, sockets, or other lamp -holding devices - each $ 2 $ 1 $ 3 95% 95% 95% $ 3 $ 1 $ 3 100% 100% 100% $ 0 S% add'I 38 Pole or platform -mounted light replacement, repair or $ 24 $ 24 $ 48 95% 95% 95% $ 25 $ 25 $ 51 100% 100% 100% $ 2 5% alteration - first 10 39 Pole or platform -mounted light replacement, repair or n/a n/a n/a $ 3 $ 1 $ 3 100% 100% 100% alteration - each additional Residential Appliances 40 Fixed residential appliances or receptacle outlets for same, $ 12 $ 12 $ 24 95% 95% 95% $ 13 $ 13 $ 25 100% 100% 100% $ 1 5% including wall -mounted electric ovens; counter -mounted cooking tops; electric ranges; self-contained room, console, or through -wall air conditioners; space heaters; food waste grinders; dishwashers; washing machines; water heaters; clothes dryers; or other motor -operated appliances not exceeding one horsepower (HP) in rating, each 452 64 City of La Quinta Comprehensive Fee and Rate Study Building Fees - Mechanical, Plumbing, and Electrical Permits Working Version of the Master Fee Schedule Non -Residential Appliances 41 Residential appliances and self-contained, factory -wired, non- residential appliances not exceeding one horsepower (HP), kilowatt (KW) , or kilovolt ampere (KVA) in rating, including medical and dental devices; food, beverage, and ice cream cabinets; illuminated show cases; drinking fountains; vending machines; laundry machines; or other similar types of equipment, each Power Apparatus 42 Motors, generators, transformers, rectifiers, synchronous converters, capacitors, industrial heating, air conditioners and heat pumps, cooking or baking equipment, and other apparatus, each Signs, Outline Lighting, and Marquees 43 Signs, outline lighting systems, or marquees, each 44 Services, each Temporary Power Services 45 Temporary service power pole or pedestal, including all pole or pedestal -mounted receptacle outlets and appurtenances, each Miscellaneous Apparatus, Conduits, and Conductors 46 Electrical apparatus, conduits, and conductors for which a permit is required, but for which no fee is identified Permit $ 24 Current Fee PC $ 24 Total $ 48 Current Permit 95% Cost Recovery PC 95% Total 95% Permit $ 25 Proposed Fee PC $ 25 Total $ 51 Proposed Permit 100% Cost Recovery PC 100% Total 100% $ 24 $ 24 $ 48 95% 95% 95% $ 25 $ 25 $ 51 100% 100% 100% $ 36 $ 48 $ 85 95% 95% 95% $ 38 $ 51 $ 89 100% 100% 100% $ 24 $ 12 $ 36 95% 95% 95% $ 25 $ 13 $ 38 100% 100% 100% $ 24 $ 17 $ 41 95% 95% 95% $ 25 $ 18 $ 43 100% 100% 100% $ 24 $ 24 $ 48 95% 95% 95% $ 25 $ 25 $ 51 100% 100% 100% 1 $ 21 5% 1 $ 21 5% 1 $ 41 5% 1 $ 21 s% 1 $ 21 s% 1 $ 21 s% 453 65 City of La Quinta Comprehensive Fee and Rate Study Building Fees - Miscellaneous Items Working Version of the Master Fee Schedule Current Fee Current Cost Recovery Proposed �- ee Description Antenna Permit PC Total Permit PC Total Permit PC Total Permit PC Total 1 Dish > 2 Ft $ 36 $ 133 $ 170 95% 95% 95% $ 38 $ 140 $ 178 100% 100% 100% $ 8 5% 2 Cellular/Mobile Phone $ 145 $ 206 $ 351 95% 95% 95% $ 152 $ 216 $ 368 100% 100% 100% $ 17 5% 3 Equipment Shelter $ 36 $ 97 $ 133 95% 95% 95% $ 38 $ 102 $ 140 100% 100% 100% $ 6 5% Appeal 4 Appeal Bill Hourly 95% bill hourly (1 hour min.) Awning/Canopy (Supported by Building) 5 Awning/Canopy $ 15 $ 206 $ 220 95% 95% 95% $ 15 $ 216 $ 231 100% 100% 100% $ it 5% Balcony Addition 6 Balcony Addition $ 145 $ 170 $ 315 95% 95% 95% $ 152 $ 178 $ 330 100% 100% 100% $ 15 5% Block Wall 7 Block Wall - First 100 LF n/a n/a n/a $ 51 $ 63 $ 114 100% 100% 100% 8 Block Wall - Each Addt'I 50 LF n/a n/a n/a $ 15 $ 15 100% 100% 9 Retaining / Combination Wall - Each 50 LF n/a n/a n/a $ 15 $ 15 100% 100% Carport 10 Carport - First $ 73 $ 97 $ 170 95% 95% 95% $ 76 $ 102 $ 178 100% 100% 100% $ 8 5% 11 Carport - Each Additional $ 73 $ 39 $ 111 95% 95% 95% $ 76 $ 41 $ 117 100% 100% 100% $ 5 5% Compliance Survey/Special Inspection 12 Compliance Survey/Special Inspection $ 73 $ 181 $ 254 95% 95% 95% $ 76 $ 190 $ 266 100% 100% 100% $ 12 5% Demolition 13 Demolition $ 25 $ 87 $ 112 95% 95% 95% $ 26 $ 91 $ 117 100% 100% 100% $ 5 5% 14 Demolition - Interior $ 36 $ 97 $ 133 95% 95% 95% $ 38 $ 102 $ 140 100% 100% 100% $ 6 5% 15 Demolition - Exterior $ 36 $ 109 $ 145 95% 95% 95% $ 38 $ 114 $ 152 100% 100% 100% $ 7 5% Fence 16 Fence - First 100 LF $ 48 $ 61 $ 109 95% 95% 95% $ 50 $ 64 $ 114 100% 100% 100% $ 5 5% 17 Fence - Each Additional 50 LF $ 15 $ 15 95% 95% $ 15 $ 15 100% 100% $ 1 5% Fireplace 18 Fireplace $ 145 $ 218 $ 363 95% 95% 95% $ 152 $ 228 $ 380 100% 100% 100% $ 17 5% Flag/Lighting Pole 19 Flag/Lighting Pole - First $ 36 $ 97 $ 133 95% 95% 95% $ 38 $ 102 $ 140 100% 100% 100% $ 6 5% 20 Flag/Lighting Pole - Each Additional $ 15 $ 4 $ 19 95% 95% 95% $ 15 $ 5 $ 20 100% 100% 100% $ 1 5% Grading 21 Residential Precise Grading (Tract Homes) - Per Home $ 133 [a] varies 88% [a] varies $ 140 [a] $ 140 92% 92% 22 Residential Precise Grading (Custom Home) - Lot <= 7,000 SF $ 36 $ 36 $ 73 95% 95% 95% $ 38 $ 38 $ 76 100% 100% 100% $ 3 5% 23 Residential Precise Grading (Custom Home) - Lot> 7,000 SF $ 36 $ 181 $ 218 95% 87% 89% $ 38 $ 190 $ 228 100% 92% 93% $ 10 5% Partition 24 Partition $ 73 $ 133 $ 206 95% 95% 95% $ 76 $ 140 $ 216 100% 100% 100% $ 10 5% Patio Cover / Covered Porch / Lattice 25 Standard, Open, Pre -Engineered (First) $ 97 $ 96 $ 193 95% 95% 95% $ 102 $ 100 $ 202 100% 100% 100% $ 9 5% 26 Standard, Enclosed, Pre -Engineered (First) $ 97 $ 132 $ 229 95% 95% 95% $ 102 $ 138 $ 240 100% 100% 100% $ 11 5% 27 Special Design (First) $ 133 $ 168 $ 302 95% 95% 95% $ 140 $ 176 $ 316 100% 100% 100% $ 14 5% 28 Each Additional n/a n/a n/a $ 51 $ 38 $ 89 100% 100% 100% 454 66 City of La Quinta Comprehensive Fee and Rate Study Building Fees - Miscellaneous Items Working Version of the Master Fee Schedule :ee Description Permit Fee PC Total Current Permit Cost Recovery PC Total Permit ProposedCurrent PC Total Permit PC Total Pool / Spa 29 Swimming Pool/Spa $ 181 $ 99 $ 280 95% 95% 95% $ 190 $ 103 $ 293 100% 100% 100% 30 Detached Spa / Water Feature n/a n/a n/a $ 190 $ 190 100% 100% 31 Gunite Alteration n/a n/a n/a $ 190 $ 103 $ 293 100% 100% 100% 32 Equipment Changeout Alone n/a n/a n/a $ 25 $ 96 $ 122 100% 100% 100% Remodel 33 Non -Structural Review- Up to 100 SF $ 49 $ 135 $ 184 95% 95% 95% $ 52 $ 141 $ 193 100% 100% 100% 34 Non -Structural Review - Each Additional 500 SF $ 22 $ 17 $ 39 95% 95% 95% $ 23 $ 18 $ 41 100% 100% 100% 35 Structural Review varies varies varies bill hourly (1 hour min.) Replacement of Plans/Job Card 36 Replacement of Job Copy of Approved Plans $ 206 $ 206 95% 95% $ 216 $ 216 100% 100% 37 Replacement of Inspection Record Card $ 36 $ 36 95% 95% $ 38 $ 38 100% 100% Re -Roof 38 Re -Roof - Up to 2,000 SF $ 49 $ 99 $ 148 95% 95% 95% $ 52 $ 103 $ 155 100% 100% 100% 39 Re -Roof - Each Additional 1,000 SF $ 12 $ 12 95% 95% $ 12 $ 12 100% 100% Room Addition 40 Room Addition - Up to 100 SF $ 122 $ 171 $ 293 95% 95% 95% $ 128 $ 179 $ 307 100% 100% 100% 41 Room Addition - Each Additional 500 SF $ 62 $ 17 $ 80 95% 95% 95% $ 65 $ 18 $ 84 100% 100% 100% Sign 42 Monument Sign - First $ 73 $ 133 $ 206 95% 95% 95% $ 76 $ 140 $ 216 100% 100% 100% 43 Monument Sign - Each Additional $ 25 $ 25 95% 95% $ 26 $ 26 100% 100% 44 Wall/Awning Sign - First $ 25 $ 87 $ 112 95% 95% 95% $ 26 $ 91 $ 117 100% 100% 100% 45 Wall/Awning Sign - Each Additional $ 25 $ 25 $ 49 95% 95% 95% $ 26 $ 26 $ 52 100% 100% 100% Storage Racks 46 Storage Racks - First 100 LF $ 25 $ 96 $ 120 95% 95% 95% $ 26 $ 100 $ 126 100% 100% 100% 47 Storage Racks - Each Additional 100 LF $ 12 $ 12 95% 95% $ 12 $ 12 100% 100% Stucco Application 48 Stucco Application - First 500 SF $ 25 $ 74 $ 99 95% 95% 95% $ 26 $ 78 $ 103 100% 100% 100% 49 Stucco Application - Each Additional 500 SF $ 7 $ 7 95% 95% $ 8 $ 8 100% 100% Temporary Trailer 50 Temporary Trailer $ 73 $ 73 95% 95% $ 76 $ 76 100% 100% Utility Release 51 Electrical Utility Release n/a n/a n/a $ 76 $ 76 100% 100% Window / Sliding Glass Door / Other Fenestration 52 Retrofit/Repair - Up to 7 $ 61 $ 110 $ 171 95% 177% 135% $ 64 $ 62 $ 126 100% 100% 100% 53 Retrofit/Repair - Each Additional 5 $ 10 $ 12 $ 22 95% 204% $ 11 $ 11 100% 100% 54 New/Alteration - First $ 61 $ 59 $ 120 60% 51% 55% $ 101 $ 116 $ 217 100% 100% 100% 55 New/Alteration - Each Additional $ 10 $ 10 95% 44% $ 11 $ 12 $ 23 100% 100% 100% Administrative Plan Check Initial Deposit - For Various Non -OTC Items 56 a) Miscellaneous Items n/a n/a n/a $ 152 $ 152 100% 100% 57 b) New Construction n/a n/a n/a varies 58 Plan Check/ Permit Extension Processing $ 97 $ 97 9 5 1 $ 102 $ 102 100% 100% $ 9 5% $ 2 5% $ 10 5% $ 2 5% $ 7 5% $ 1 5% $ 14 5% $ 4 5% $ 10 5% $ 1 5% $ 5 5% $ 2 5% $ 6 5% $ 1 5% $ 5 5% $ 0 5% $ 31 5% $ (45) -26% $ (11) -51% $ 96 80% $ 13 125% $ 5 1 5% 455 67 City of La Quinta Comprehensive Fee and Rate Study Building Fees - Miscellaneous Items Working Version of the Master Fee Schedule 59 Change of Contractor, Architect, Owner Processing I $ 971 $ 97 60 Request/Research for Alternative Methods/Product Review Bill Hourly-1 Hour Minimum 61 Temporary Certificate of Occupancy $ 133 $ 133 62 Disabled Access Compliance Inspection $ 145 $ 145 63 Re -inspection Fee $ 73 $ 73 64 Investigation Fee for Work Commenced Without a Permit equal to permit fee $ 102I $ 102 bill hourly (1 hour min.) $ 140 $ 140 $ 152 $ 152 $ 76 $ 76 equal to permit fee Increase or (Decrease) Fee Percent 11 456 68 City of La Quinta Comprehensive Fee and Rate Study Building Fees - New Construction Fees Working Version of the Master Fee Schedule New Construction 1 $1-$500 2 $501- $2,000 3 $2,001- $10,000 4 $10,001- $25,000 5 $25,001- $200,000 e $200,000 - $1,000,000 7 $1,000,000 and up Plan Check - Multiple Structures - Each Add'I 8 Valuation - All Valuations * When multiple identical units are submitted for review and permitted at the same time, the plan check time for the first unit shall be based on the new construction times above. Assume 20 minutes of plan check time for each additional unit. 457 69 City of La Quinta Comprehensive Fee and Rate Study Planning Fees Working Version of the Master Fee Schedule Temporary Use 1 Temporary Use Permit- Minor (Standard) flat fee $ 200 20% $ 250 25% $ 50 25% 2 Temporary Use Permit - Minor bill per hour, with base fee n/a n/a $ 250 77% n/a n/a (Requests Requiring Additional Effort) 3 Temporary Use Permit- Major (Standard) flat fee $ 1,740 68% $ 1,976 77% $ 236 14% (Events greater than 200 people) 4 Temporary Use Permit- Major bill per hour, with base fee n/a n/a $ 1,976 77% n/a n/a (Requests Requiring Additional Effort) Minor Use 5 Minor Use Permit flat fee $ 200 13% $ 250 16% $ 50 25% 6 Minor Use Permit -Amendment flat fee $ 200 20% $ 225 23% $ 25 13% Conditional Use 7 Conditional Use Permit bill per hour, with base fee $ 4,025 53% $ 5,827 77% $ 1,802 45% 8 Conditional Use Permit - Planned Unit Dev. bill per hour, with base fee $ 4,025 53% $ 5,827 77% $ 1,802 45% 9 Conditional Use Permit - Amendment bill per hour, with base fee $ 1,885 51% $ 2,837 77% $ 952 50% 10 Conditional Use Permit -Time Extension flat fee $ 1,378 67% $ 1,596 77% $ 218 16% Site Development 11 Development Agreement bill per hour, with base fee $ 1,885 51% $ 2,837 77% $ 952 50% 12 Site Development Permit - Planning Commission bill per hour, with base fee $ 5,656 54% $ 8,107 77% $ 2,450 43% 13 Site Development Permit - Administrative bill per hour, with base fee $ 5,656 63% $ 6,891 77% $ 1,234 22% 14 Site Development Permit - Amendment bill per hour, with base fee $ 2,901 53% $ 4,256 77% $ 1,355 47% 15 Site Development Permit - Time Extension flat fee $ 1,378 67% $ 1,596 77% $ 218 16% 16 Modification by Applicant bill per hour, with base fee $ 290 14% $ 304 77% $ 14 5% 17 Minor Adjustment bill per hour, with base fee $ 290 20% $ 304 77% $ 14 5% 18 Variance bill per hour, with base fee $ 1,378 50% $ 2,128 77% $ 750 54% Landscape Plan 19 Final Landscape Plan - Minor flat fee $ 580 59% $ 760 77% $ 180 31% (Minor rehab not exceeding 8,000 SF) 20 Final Landscape Plan - Major flat fee $ 1,450 67% $ 1,672 77% $ 222 15% Signs 21 A -Frame Sign Permit flat fee $ 0 n/a $ 0 n/a n/a 22 Sign Permit flat fee $ 200 29% $ 250 36% $ 50 25% 23 Sign Program bill per hour, with base fee $ 2,212 64% $ 2,685 77% $ 474 21% 24 Sign Program Amendment bill per hour, with base fee $ 725 61% $ 912 77% $ 187 26% Zoning 25 Zone Change bill per hour, with base fee $ 6,236 55% $ 8,715 77% $ 2,478 40% 26 Director's Determination flat fee $ 200 25% $ 250 32% $ 50 25% 27 Certificate of Compliance flat fee $ 200 20% $ 250 25% $ 50 25% 28 Zoning Letter - Basic Property Information flat fee $ 200 41% $ 250 51% $ 50 25% 29 Zoning Letter - Basic Property Information with Additional flat fee n/a n/a $ 1,292 77% n/a n/a Research Required 30 Zoning Text Amendment bill per hour, with base fee $ 6,236 54% $ 8,917 77% $ 2,681 43% 458 70 City of La Quinta Comprehensive Fee and Rate Study Planning Fees Working Version of the Master Fee Schedule Street Name Change 31 Street Name Change flat fee $ 1,523 67% $ 1,748 77% $ 225 15% Historical Structures 32 Landmark Designation/Cert of Appropriateness flat fee $ 1,000 39% $ 1,250 49% $ 250 25% Environmental Review 33 Environmental Assessment flat fee $ 290 49% $ 456 77% $ 166 57% 34 Recordation of Exemption flat fee $ 73 37% $ 152 77% $ 79 110% 35 Initial Study (ND/MND) bill per hour, with base fee $ 1,450 37% $ 3,040 77% $ 1,590 110% 36 Environmental Impact Report bill per hour, with base fee $ 5,000 46% $ 8,360 77% $ 3,360 67% General/Specific Plan 37 Specific Plan bill per hour, with base fee $ 6,381 50% $ 9,931 77% $ 3,549 56% 38 Specific Plan -Amendment bill per hour, with base fee $ 2,393 42% $ 4,357 77% $ 1,964 82% 39 General Plan Amendment bill per hour, with base fee $ 6,236 49% $ 9,728 77% $ 3,492 56% Map 40 Tentative Parcel Map bill per hour, with base fee $ 3,481 60% $ 4,459 77% $ 978 28% 41 Tentative Parcel Map - Waiver flat fee $ 1,233 83% $ 1,140 77% $ (93) -8% 42 Tentative Parcel Map -Amendment bill per hour, with base fee $ 2,067 59% $ 2,685 77% $ 619 30% 43 Tentative Parcel Map - Revision bill per hour, with base fee $ 2,067 59% $ 2,685 77% $ 619 30% 44 Tentative Parcel Map - Time Extension flat fee $ 725 61% $ 912 77% $ 187 26% 45 Tentative Tract Map bill per hour, with base fee $ 5,656 57% $ 7,600 77% $ 1,944 34% 46 Tentative Tract Map - Amendment bill per hour, with base fee $ 2,719 58% $ 3,597 77% $ 878 32% 47 Tentative Tract Map - Revision bill per hour, with base fee $ 2,719 58% $ 3,597 77% $ 878 32% 48 Tentative Tract Map - Time Extension (CC or PC) flat fee $ 1,523 67% $ 1,748 77% $ 225 15% 49 Tentative Tract Map -Time Extension (Admin) flat fee $ 798 62% $ 988 77% $ 190 24% 50 Tentative Condominium Map bill per hour, with base fee $ 3,916 40% $ 7,600 77% $ 3,684 94% 51 Amended Final Parcel Map (Entitlement Support) bill per hour, with base fee $ 3,481 71% $ 3,800 77% $ 319 9% 52 Amended Final Tract Map (Entitlement Support) bill per hour, with base fee $ 5,656 72% $ 6,080 77% $ 424 7% Scanning 53 Scanning Fee flat fee $ 145 74% $ 1S2 77% $ 7 5% Appeal 55 Appeal flat fee $ 1,595 68% $ 1,500 63% $ (95) -6% [a] In addition to the fee shown for Development Agreement, the City shall collect a $2,000 initial deposit to offset City Attorney costs. * The following fees are proposed to be removed from the fee schedule: Conditional Use Permit -Administrative; Village Use Permit; Village Site Development Permit; Village Use Permit - Amendment; Village Use Permit - Time Extension 459 71 City of La Quinta Comprehensive Fee and Rate Study Public Works Fees Working Version of the Master Fee Schedule Land Subdivision 1 Parcel Map: a) Final Parcel Map i) Initial Sheet per sheet $ 1,668 86% S 1,748 90% $ 80 5% ii) Each Additional Sheet per sheet $ 508 86% S 532 90% $ 24 5% b) Final Parcel Map -Amendment i) Initial Sheet per sheet $ 1,668 86% $ 1,748 90% $ 80 5% ii) Each Additional Sheet per sheet $ 508 86% $ 532 90% $ 24 5% c) Substantial Conformance Review i) Initial Sheet per sheet $ 2,502 86% $ 2,622 90% $ 120 5% ii) Each Additional Sheet per sheet $ 1,160 86% $ 1,216 90% $ 56 5% 2 Tract Map: a) Final Tract Map i) Initial Sheet per sheet $ 1,813 86% $ 1,900 90% $ 87 5% ii) Each Additional Sheet per sheet $ 580 96% $ 608 90% $ 28 5% b) Final Tract Map -Amendment I) Initial Sheet per sheet $ 1,813 86% $ 1,900 90% $ 87 5% ii) Each Additional Sheet per sheet $ 580 86% $ 608 90% $ 28 5% c) Substantial Conformance Review i) Initial Sheet per sheet $ 2,502 86% S 2,622 90% $ 120 5% ii) Each Additional Sheet per sheet $ 1,160 86% S 1,216 90% $ 56 5% 3 Reversion to Acreage: a) Initial Sheet per sheet $ 1,958 86% 5 2,052 90% $ 94 5% b) Each Additional Sheet per sheet $ 435 86% S 456 90% $ 21 5% 4 Lot Line Adjustment/Parcel Merger a) Lot Line Adjustment per request $ 1,450 86% $ 1,520 90% $ 70 5% b) Parcel Merger per request $ 1,450 86% $ 1,520 90% $ 70 5% 5 Street Dedication/Vacation a) Land Action Documents per request $ 1,632 86% $ 1,710 90% $ 78 5% b) Vacation of Street/Public ROW per request $ 2,030 86% $ 2,128 90% $ 98 5% 6 Land Survey a) Record of Survey per request $ 471 86% S 494 90% $ 23 5% b) Certificate of Correction per request $ 616 86% S 646 90% $ 30 5% Grading / Project Improvements 7 Plan Review (First 3 Reviews): a) Rough Grading i) Initial Sheet per sheet $ 1,342 86% $ 1,406 90% $ 64 5% ii) Each Additional Sheet per sheet $ 725 86% $ 760 90% $ 35 5% iii) Revisions - Initial Sheet per sheet $ 1,033 86% $ 1,084 90% $ 50 5% iv) Revisions - Each Additional Sheet per sheet $ 725 86% $ 760 90% $ 35 5% 460 72 City of La Quinta Comprehensive Fee and Rate Study Public Works Fees Working Version of the Master Fee Schedule Fee Description b) Precise Grading - Commercial Unit - Proposed Fee Fee Change Percent C� i) Initial Sheet per sheet $ 1,632 86% $ 1,710 90% $ 78 5% ii) Each Additional Sheet per sheet $ 1,015 86% $ 1,064 90% $ 49 5% iii) Revisions -Initial Sheet per sheet $ 1,323 86% $ 1,388 90% $ 64 5% iv) Revisions - Each Additional Sheet per sheet $ 1,015 86% $ 1,064 90% $ 49 5% c) Precise Grading -Tract Homes i) Initial Sheet per sheet $ 943 86% $ 988 90% 5 45 5% ii) Each Additional Sheet per sheet $ 181 86% 5 190 90% $ 9 5% iii) Revisions - Initial Sheet per sheet $ 562 86% $ 590 90% $ 28 5% iv) Revisions - Each Additional Sheet per sheet $ 181 86% $ 190 90% $ 9 5% d) Precise Grading - Custom Home e) PM10 I) Initial Sheet per sheet $ 507 32% 5 550 35% $ 43 8% ii) Each Additional Sheet per sheet iii) Revisions - Initial Sheet per sheet $ 380 32% S 425 35% $ 45 12% iv) Revisions - Each Additional Sheet per sheet f) Street Improvements i) Initial Sheet per sheet $ 1,487 86% $ 1,558 90% $ 71 5% ii) Each Additional Sheet per sheet $ 870 86% $ 912 90% $ 42 5% iii) Revisions - Initial Sheet per sheet $ 1,178 86% $ 1,236 90% $ 57 5% iv) Revisions - Each Additional Sheet per sheet $ 870 86% $ 912 90% $ 42 5% g) Storm Drain i) Initial Sheet per sheet $ 1,487 86% $ 1,558 90% $ 71 5% ii) Each Additional Sheet per sheet $ 870 86% $ 912 90% $ 42 5% iii) Revisions - Initial Sheet per sheet $ 1,178 86% $ 1,236 90% $ 57 5% iv) Revisions - Each Additional Sheet per sheet $ 870 86% $ 912 90% $ 42 5% h) Signing and Striping i) Initial Sheet per sheet $ 1,342 86% $ 1,406 90% $ 64 5% ii) Each Additional Sheet per sheet $ 725 86% $ 760 90% $ 35 5% iii) Revisions - Initial Sheet per sheet $ 1,033 86% $ 1,084 90% $ 50 5% iv) Revisions - Each Additional Sheet per sheet $ 725 86% $ 760 90% $ 35 5% i) Traffic Signal i) Initial Sheet per sheet $ 1,197 86% $ 1,254 90% $ 57 5% ii) Each Additional Sheet per sheet $ 580 86% $ 608 90% $ 28 5% iii) Revisions - Initial Sheet per sheet $ 888 86% $ 932 90% $ 43 5% iv) Revisions - Each Additional Sheet per sheet $ 580 86% $ 608 90% $ 28 5% j) Sidewalk I) Initial Sheet per sheet $ 1,051 86% $ 1,102 90% 5 51 5% ii) Each Additional Sheet per sheet $ 435 86% $ 456 90% $ 21 5% iii) Revisions - Initial Sheet per sheet $ 743 86% $ 780 90% $ 36 5% iv) Revisions - Each Additional Sheet per sheet $ 435 86% $ 456 90% $ 21 5% 461 73 City of La Quinta Comprehensive Fee and Rate Study Public Works Fees Working Version of the Master Fee Schedule k) Traffic Control Plan 1) Record Drawings Review I) Initial Sheet ii) Each Additional Sheet m) Hydrology Report i) Revisions n) Traffic Study o) WQMP Report i) With Prior Entitlement ii) Without Prior Entitlement iii) Revisions p) SWPPP I) Revisions q) Sewer and Water I) Initial Sheet ii) Each Additional Sheet iii) Revisions - Initial Sheet iv) Revisions - Each Additional Sheet 8 Plan Review (>3 Reviews) 9 Expedited Plan Review Fee 10 Permit Inspection a) Rough Grading i) First 3 Acres ii) Each Additional Acre b) Precise Grading i) First 3 Acres ii) Each Additional Acre c) Precise Grading - Tract Homes d) Precise Grading - Custom Homes e) PM10 i) < 10 Acres ii) 10 - 50 Acres iii) 51- 200 Acres iv) > 200 Acres f) Street Improvements - Off -Site i) First 1,000 LF ii) Each Additional 1,000 LF g) Street Improvements - On -Site i) First 1,000 LF ii) Each Additional 1,000 LF persheet 1 1$ 73 11 86% 1 1$ 76 persheet $ 761 86% $ 798 persheet $ 145 86% $ 152 per report $ 1,559 86% $ 1,634 per report $ 725 86% $ 760 perstudy $ 1,197 86% $ 1,254 per report $ 1,414 86% $ 1,482 per report $ 1,704 86% $ 1,786 per report $ 725 86% $ 760 per plan $ 1,632 86% $ 1,710 per plan $ 580 86% $ 608 persheet $ 1,015 86% $ 1,064 persheet $ 435 86% $ 456 persheet $ 725 86% $ 760 persheet $ 435 86% $ 456 perhour $ 145 86% $ 152 n/a n/a 1.5x standard fee $ 2,901 86% $ 3,040 $ 363 86% $ 380 $ 2,901 86% $ 3,040 $ 363 86% $ 380 $ 3,481 86% $ 3,648 $ 5,221 86% $ 5,472 $ 6,961 86% $ 7,296 $ 10,442 86% $ 10,944 $ 4,641 86% $ 4,864 $ 2,611 86% $ 2,736 $ 3,191 86% $ 3,344 $ 1,740 86% $ 1,824 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% varies 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% 90% lFee Change Percent( $ 37 5% $ 7 5% $ 75 5% $ 35 5% $ 57 5% $ 68 5% $ 82 5% $ 35 5% $ 78 5% $ 28 5% $ 49 5% $ 21 5% $ 35 5% $ 21 5% $ 7 5% n/a n/a $ 139 5% $ 17 5% $ 139 5% $ 17 5% $ 167 5% $ 251 5% $ 335 5% $ 502 5% $ 223 5% $ 125 5% $ 153 5% $ 84 5% 462 74 City of La Quinta Comprehensive Fee and Rate Study Public Works Fees Working Version of the Master Fee Schedule h) Storm Drain i) First 1,000 LF $ 1,740 86% $ 1,824 90% $ 84 5% ii) Each Additional 1,000 LF $ 870 86% $ 912 90% $ 42 5% i) Signing and Striping I) First 1,000 LF $ 1,450 86% $ 1,520 90% $ 70 5% ii) Each Additional 1,000 LF $ 435 86% $ 456 90% $ 21 5% j) Traffic Signal $ 3,191 86% $ 3,344 90% $ 153 5% k) NPDES $ 1,740 86% $ 1,824 90% $ 84 5% 1) Bond Reduction Request $ 1,958 86% $ 2,052 90% $ 94 5% m) Final Inspection/Acceptance $ 2,611 86% $ 2,736 90% $ 125 5% n) Traffic Control Only i) One Day $ 290 86% $ 304 90% $ 14 5% ii) Two - Five Days $ 580 86% $ 608 90% $ 28 5% iii) Each Additional Day (Up to 10 Days) $ 304 90% iv) 11+ Days $ 2,683 86% $ 2,812 90% $ 129 5% o)Cut/Bore $ 1,378 181% $ 684 90% $ (694) -50% p) Driveway i) Residential $ 145 29% S 152 30% $ 7 5% ii) Commercial $ 943 86% S 988 90% $ 45 5% q) Excavation i) First 100 Lineal Feet $ 653 86% $ 684 90% $ 31 5% ii) Each Additional 100 Lineal Feet $ 145 86% $ 152 90% $ 7 5% r) Sidewalk i) First 100 Lineal Feet $ 943 86% $ 988 90% $ 45 5% ii) Each Additional 100 Lineal Feet $ 290 86% $ 304 90% $ 14 5% s) Sewer and Water $ 1,160 86% $ 1,216 90% $ 56 5% t) Night Work $ 363 86% $ 380 90% $ 17 5% 11 Research/Administrative a) Subdiv'n Improvement Agreem't (SIA) per request $ 1,740 86% $ 1,824 90% $ 84 5% b) SIA - Time Extension per request $ 1,015 86% $ 1,064 90% $ 49 5% c) Assignment & Assumptions Agreem't per request $ 1,885 86% $ 1,976 90% $ 91 5% d) Flood Plain Research/FEMA App per request $ 870 86% $ 912 90% $ 42 5% 12 Reactivation of Permit a) Reactivation of an Expired Permit each $ 435 86% $ 456 90% $ 21 5% 14 Transportation Permits a)Annual each $ 90 21% $ 90 21% b) Single Event each $ 15 6% $ 16 6% $ 1 7% [a] Plan review fees for Precise Grading - Custom Home are identified as part of the Building fee schedule and are based on the lot size of the custom home. See Building fee schedule, Grading section [b] Inspection fees for Precise Grading - Custom Homes and Tract Homes are identified as part of the Building fee schedule. See Building fee schedule, Grading section. [c] For PM10 annual permit. For permits required for less than one year, or portion of year, fees will be pro -rated based on the number of months permitted. 463 75 City of La Quinta Comprehensive Fee and Rate Study NPDES Ongoing Inspection Fees Working Version of the Master Fee Schedule NPDES Ongoing Inspection Fee 1 Food Establishment Facilities per year $ 0% $ 44 100% 2 Hazardous Waste/Materials Facilities -3Yr peryear $ 0% $ 93 100% 3 Hazardous Waste/Materials Facilities - 1Yr per year $ 0% $ 246 100% Code Compliance 4 Code Compliance Follow -Up, If Required per hour $ 0% $ 103 100% 464 76 City of La Quinta Comprehensive Fee and Rate Study Short -Term Vacation Rental Permit Fees Working Version of the Master Fee Schedule 5e Description Unit ... .. .. Fee Change Percent Change TTehn Vacation Rental Permit Fee peryear $ 25 13% $ 187 1009 $ 162 648% Enhancement Fee peryear $ 0% $ 4 100% n/a n/a 11 465 77 City of La Quinta Comprehensive Fee and Rate Study Vehicle Impound Cost Recovery Fee (VICR) Working Version of the Master Fee Schedule Current Cost Proposed Cost L Description Unit Current Fee Recovery Proposed Fee Recovery Fee Change Percent Change uVehicle Impound Cost Recovery 466 78 City of La Quinta Comprehensive Fee and Rate Study Administrative Fees Working Version of the Master Fee Schedule 1 Black and White Copy - 8.5 x 11 a) First Page $ 0.10 n/a n/a $ 0.15 n/a $ 0.05 50% b) Each Additional Page $ 0.10 n/a n/a $ 0.15 n/a $ 0.05 50% 2 Black and White Copy- 11 x 17 a) First Page $ 0.20 n/a n/a $ 0.20 n/a $ - 0% b) Each Additional Page $ 0.20 n/a n/a $ 0.20 n/a $ 0% 3 Color Copy - 8.5 x 11 $ 0.25 n/a n/a $ 0.25 n/a $ 0% 4 Color Copy -11 x 17 $ 0.50 n/a n/a $ 0.50 n/a $ 0% 5 Oversized Sheets (Plans/Maps) $ 3.00 n/a n/a $ 3.00 n/a $ 0% 6 CD or DVD $ 5.05 n/a n/a $ 5.00 n/a $ (0.05) -1% 7 Certified Document $ 1.75 n/a n/a $ 2.00 n/a $ 0.25 14% 8 Agency Credit Card Service Fee 2.2% n/a n/a 2.2% n/a $ - 0% * In addition to the fees identified in this schedule, the City will pass -through to the applicant any fees imposed by other agencies and any discrete costs incurred from the use of outside service providers required to process the specific request for information/service. ** The costs of providing these fee related administrative services were not calculated as part of this study 467 79 Master Fee Schedule 468 80 Master Fee Schedule Schedule of Building Fees - Mechanical, Plumbing, and Electrical Permit Issuance 1 Permit Issuance (Mechanical, Plumbing, Electrical) $96.27 $96.27 Mechanical 2 Installation or relocation of each forced -air or gravity -type furnace or burner, $38.00 $25.33 $63.33 including ducts and vents attached to such appliance 3 Installation or relocation of each suspended heater, recessed wall heater, or $25.33 $12.67 $38.00 floor -mounted unit heater 4 Repair of, alteration of, or addition to each heating appliance, refrigeration $12.67 $5.07 $17.73 unit, cooling unit, absorption unit, or each heating, cooling, absorption, or evaporative cooling system, including installation of controls regulated by the UMC 5 Installation or relocation of each boiler, condenser, compressor, or each $38.00 $25.33 $63.33 absorption system 6 Air -handling unit, including attached ducts $38.00 $12.67 $50.67 7 Evaporative cooler, other than portable -type $12.67 $12.67 $25.33 8 Ventilation fan connected to a single -duct $12.67 $5.07 $17.73 9 Installation of each hood which is served by mechanical exhaust, including the $12.67 $5.07 $17.73 ducts for such hood 10 Each appliance or piece of equipment not classified in other appliance $38.00 $38.00 $76.00 categories, or for which no other fee is listed Mechanical Change -Out 11 Condenser Only $38.00 $25.33 $63.33 12 Furnace Only $38.00 $25.33 $63.33 13 Other Equipment $38.00 $38.00 $76.00 14 Packaged Unit $38.00 $25.33 $63.33 15 Repair / Alteration $12.67 $5.07 $17.73 16 Split -System $38.00 $76.00 $114.00 Plumbing 17 Each plumbing fixture or trap or set of fixtures on one trap (including water, $12.67 $12.67 $25.33 drainage piping, and backflow protection) 18 Sewer Connection / Septic Abandonment $25.33 $17.73 $43.07 19 Rainwater systems, per drain (inside building) $12.67 $12.67 $25.33 20 Water heater and/or vent $12.67 $7.60 $20.27 21 Industrial waste pretreatment interceptor including its trap and vent, $38.00 $12.67 $50.67 excepting kitchen -type grease interceptors functioning as fixture traps 469 81 Master Fee Schedule Schedule of Building Fees - Mechanical, Plumbing, and Electrical 22 Installation, alteration, or repair of water piping and/or water -treating $12.67 $12.67 $25.33 equipment, drainage or vent piping, each fixture 23 Backflow protective device other than atmospheric -type vacuum breakers $12.67 $5.07 $17.73 24 Gas piping system - 1 to 4 outlets $12.67 $25.33 $38.00 25 Gas piping system - 5 or more outlets $38.00 $25.33 $63.33 26 Solar (Thermal) $25.33 $25.33 $50.67 Electrical New Construction 27 Residential - First 1,000 SF $152.00 $50.16 $202.16 (includes livable and non -livable SF) 28 Residential - Each Additional 1,000 SF $12.92 $5.32 $18.24 (includes livable and non -livable SF) 29 Non -Residential - First 2,000 SF $114.00 $88.16 $202.16 30 Non -Residential - Each Additional 2,000 SF $38.00 $10.13 $48.13 Solar (Photovoltaic) 31 Solar (PV) Less than 10kW $25.33 $25.33 $50.67 32 Solar (PV) Greater than 10kW $38.00 $38.00 $76.00 33 Each Additional String (<20) $2.53 $0.63 $3.17 Receptacle, Switch, and Lighting Outlets 34 Receptacle, switch, lighting, or other outlets at which current is used or $25.33 $25.33 $50.67 controlled, except services, feeders, and meters - first 20 35 Receptacle, switch, lighting, or other outlets at which current is used or $2.53 $0.63 $3.17 controlled, except services, feeders, and meters - each additional Lighting Fixtures 36 Lighting fixtures, sockets, or other lamp -holding devices - first 20 $25.33 $25.33 $50.67 37 Lighting fixtures, sockets, or other lamp -holding devices - each add'I $2.53 $0.63 $3.17 38 Pole or platform -mounted light replacement, repair or alteration - first 10 $25.33 $25.33 $50.67 39 Pole or platform -mounted light replacement, repair or alteration - each $2.53 $0.63 $3.17 additional Residential Appliances 40 Fixed residential appliances or receptacle outlets for same, including wall- $12.67 $12.67 $25.33 mounted electric ovens; counter -mounted cooking tops; electric ranges; self- contained room, console, or through -wall air conditioners; space heaters; food waste grinders; dishwashers; washing machines; water heaters; clothes dryers; or other motor -operated appliances not exceeding one horsepower (HP) in rating, each 470 82 Master Fee Schedule Schedule of Building Fees - Mechanical, Plumbing, and Electrical Non -Residential Appliances 41 Residential appliances and self-contained, factory -wired, non-residential $25.33 $25.33 $50.67 appliances not exceeding one horsepower (HP), kilowatt (KW) , or kilovolt ampere (KVA) in rating, including medical and dental devices; food, beverage, and ice cream cabinets; illuminated show cases; drinking fountains; vending machines; laundry machines; or other similar types of equipment, each Power Apparatus 42 Motors, generators, transformers, rectifiers, synchronous converters, $25.33 $25.33 $50.67 capacitors, industrial heating, air conditioners and heat pumps, cooking or baking equipment, and other apparatus, each Signs, Outline Lighting, and Marquees 43 Signs, outline lighting systems, or marquees, each $38.00 $50.67 $88.67 Services 44 Services, each $25.33 $12.67 $38.00 Temporary Power Services 45 Temporary service power pole or pedestal, including all pole or pedestal- $25.33 $17.73 $43.07 mounted receptacle outlets and appurtenances, each Miscellaneous Apparatus, Conduits, and Conductors 46 Electrical apparatus, conduits, and conductors for which a permit is required, $25.33 $25.33 $50.67 but for which no fee is identified In addition to the fees identified in this schedule, the City will pass -through to the applicant any fees imposed by other agencies nd any discrete costs incurred from the use of outside service providers required to process the specific application. 471 83 Master Fee Schedule Schedule of Building Fees - Miscellaneous Items Antenna 1 Dish > 2 Ft $38.00 $139.84 $177.84 2 Cellular/Mobile Phone $152.00 $215.84 $367.84 3 Equipment Shelter $38.00 $101.84 $139.84 Appeal 4 Appeal bill hourly (1 hour min.) Awning/Canopy (Supported by Building) 5 Awning/Canopy $15.20 $215.84 $231.04 Balcony Addition 6 Balcony Addition $152.00 $177.84 $329.84 Block Wall 7 Block Wall - First 100 LF $50.67 $63.33 $114.00 8 Block Wall - Each Addt'I 50 LF $15.20 $15.20 9 Retaining / Combination Wall - Each 50 LF $15.20 $15.20 Carport 10 Carport - First $76.00 $101.84 $177.84 11 Carport - Each Additional $76.00 $40.53 $116.53 Compliance Survey/Special Inspection 12 Compliance Survey/Special Inspection $76.00 $190.00 $266.00 Demolition 13 Demolition $25.84 $91.20 $117.04 14 Demolition - Interior $38.00 $101.84 $139.84 15 Demolition - Exterior $38.00 $114.00 $152.00 Fence 16 Fence - First 100 LF $50.16 $63.84 $114.00 17 Fence - Each Additional 50 LF $15.20 $15.20 Fireplace 18 Fireplace $152.00 $228.00 $380.00 Flag/Lighting Pole 19 Flag/Lighting Pole - First $38.00 $101.84 $139.84 20 Flag/Lighting Pole - Each Additional $15.20 $4.56 $19.76 Grading 21 Residential Precise Grading (Tract Homes) - Per Home $139.84 [a] $139.84 22 Residential Precise Grading (Custom Home) - Lot <= 7,000 SF $38.00 $38.00 $76.00 23 Residential Precise Grading (Custom Home) - Lot > 7,000 SF $38.00 $190.00 $228.00 Partition 24 Partition $76.00 $139.84 $215.84 Patio Cover / Covered Porch / Lattice 25 Standard, Open, Pre -Engineered (First) $101.84 $100.32 $202.16 26 Standard, Enclosed, Pre -Engineered (First) $101.84 $138.32 $240.16 27 Special Design (First) $139.84 $176.32 $316.16 28 Each Additional $50.67 $38.00 $88.67 472 84 Master Fee Schedule Schedule of Building Fees - Miscellaneous Items Pool / Spa 29 Swimming Pool / Spa 30 Detached Spa / Water Feature 31 Gunite Alteration 32 Equipment Changeout Alone Remodel 33 Non -Structural Review - Up to 100 SF 34 Non -Structural Review - Each Additional 500 SF 35 Structural Review Replacement of Plans/Job Card 36 Replacement of Job Copy of Approved Plans 37 Replacement of Inspection Record Card Re -Roof 38 Re -Roof - Up to 2,000 SF 39 Re -Roof - Each Additional 1,000 SF Room Addition 40 Room Addition - Up to 100 SF 41 Room Addition - Each Additional 500 SF Sign 42 Monument Sign - First 43 Monument Sign - Each Additional 44 Wall/Awning Sign - First 45 Wall/Awning Sign - Each Additional Storage Racks 46 Storage Racks - First 100 LF 47 Storage Racks - Each Additional 100 LF Stucco Application 48 Stucco Application - First 500 SF 49 Stucco Application - Each Additional 500 SF Temporary Trailer 50 Temporary Trailer Utility Release 51 Electrical Utility Release Window / Sliding Glass Door / Other Fenestration 52 Retrofit/Repair - Up to 7 53 Retrofit/Repair - Each Additional 5 54 New/Alteration - First 55 New/Alteration - Each Additional Administrative Plan Check Initial Deposit - For Various Non -OTC Items 56 a) Miscellaneous Items 57 b) New Construction $190.00 $103.36 $293.36 $190.00 $190.00 $190.00 $103.36 $293.36 $25.33 $96.27 $121.60 $51.68 $141.36 $193.04 [a] $22.80 $18.24 $41.04 [a] bill hourly (1 hour min.) [a] $215.84 $215.84 $38.00 $38.00 $51.68 $103.36 $155.04 $12.16 $12.16 $127.68 $179.36 $307.04 $65.36 $18.24 $83.60 $76.00 $139.84 $215.84 $25.84 $25.84 $25.84 $91.20 $117.04 $25.84 $25.84 $51.68 $25.84 $100.32 $126.16 $12.16 $12.16 $25.84 $77.52 $103.36 $7.60 $7.60 $76.00 $76.00 $76.00 $76.00 $63.84 $62.32 $126.16 $10.64 $10.64 $101.33 $115.52 $216.85 $10.64 $12.16 $22.80 $152.00 $152.00 [b] varies [b] [c] 473 85 Master Fee Schedule Schedule of Building Fees - Miscellaneous Items 58 Plan Check / Permit Extension Processing $101.84 $101.84 59 Change of Contractor, Architect, Owner Processing $101.84 $101.84 I I 60 Request/Research for Alternative Methods/Product Review bill hourly (1 hour min.) 61 Temporary Certificate of Occupancy $139.84 $139.84 62 Disabled Access Compliance Inspection $152.00 $152.00 63 Re -inspection Fee $76.00 $76.00 64 Investigation Fee for Work Commenced Without a Permit equal to permit fee * In addition to the fees identified in this schedule, the City will pass -through to the applicant any fees imposed by other agencies and any discrete costs incurred from the use of outside service providers required to process the specific application, including the cost of structural engineering review services. [a] Fee is intended to capture structural and non-structural reviews. Mechanical, Electrical, and Plumbing review and inspection fees are collected separately. [b] Non -Refundable Initial Deposit. For projects that request permit issuance the intitial deposit amount will be credited against totalfees. [c] Initial deposit varies depending on project details. 474 86 Master Fee Schedule Schedule of Building Fees - New Construction New Construction 1 $1- $500 $26.62 2 $501 - $2,000 $53.25 3 $2,001 - $10,000 $107.92 for the first $2,000, plus $27.36 4 $10,001 - $25,000 $326.80 for the first $10,000, plus $8.82 5 $25,001 - $200,000 $459.04 for the first $25,000, plus $0.86 6 $200,000 - $1,000,000 $609.52 for the first $200,000, plus $0.59 7 $1,000,000 and up $1,082.24 for the first $1,000,000, plus $0.41 (Project Valuation) 8 $1- $500 $37.27 9 $501 - $2,000 $74.54 10 $2,001 - $10,000 $141.36 for the first $2,000, plus $48.83 11 $10,001 - $25,000 $532.00 for the first $10,000, plus $17.73 12 $25,001 - $200,000 $798.00 for the first $25,000, plus $2.82 13 $200,000 - $1,000,000 $1,292.00 for the first $200,000, plus $1.35 14 $1,000,000 and up $2,368.16 for the first $1,000,000, plus $0.64 (Project Valuation) 15 All Valuations $50.67 for each additional $1,000 or fraction thereof, to and including $10,000 for each additional $1,000 or fraction thereof, to and including $25,000 for each additional $1,000 or fraction thereof, to and including $200,000 for each additional $1,000 or fraction thereof, to and including $1,000,000 for each additional $1,000 or fraction thereof for each additional $1,000 or fraction thereof, to and including $10,000 for each additional $1,000 or fraction thereof, to and including $25,000 for each additional $1,000 or fraction thereof, to and including $200,000 for each additional $1,000 or fraction thereof, to and including $1,000,000 for each additional $1,000 or fraction thereof * The new construction fees identified in this fee schedule include the cost of structural engineering review services currently conducted by outside service providers. Additional fees will be collected for the provision of all plan review services beyond second review. ** Fee applies when multiple identical units are submitted for review and permitted at the same time. For service requests, which have no fees listed in this Master Fee Schedule, the City Manager or his/her designee shall determine the appropriate fee based on the following hourly rates for staff time involved in the service or activity. Fee Description Fee 16 Building Department Staff $152 per hour 7 17 lCutside Service Providers 100% of actual costs 475 87 Master Fee Schedule Schedule of Building Fees - Other Fees Fee 1•—tioxes Strong Motion Instrumentation (SMI) Fee Calculation 1 Residential $0.50 or valuation x .0001 2 Commercial $0.50 or valuation x .00021 Art In Public Places (AIPP) Fee Calculation [a] 3 Residential $20.00 or 1/4 of 1% of value exceeding $200,000 4 Commercial $20.00 or 1/2 of 1% of value Building Standards Administration Special Revolving [b] Fund (SB 1473) Fee Calculation 5 Valuation: a) $1 - $25,000 $1 b) $25,001 - $50,000 $2 c) $50,001 - $75,000 $3 d) $75,001 - $100,000 $4 e) Every $25,000 or fraction thereof above Add $1 $100,000 General Plan Maintenance / Tech Enhancement 6 General Plan Maintenance Fee new construction valuation x .00198 7 Technology Enhancement Fee 2% of permit fee or $5, whichever is less [a] Source: La Quinta Municipal Code 2.65.060. [b] Source: California Health and Safety Code Section 18931.6 476 88 Master Fee Schedule Schedule of Planning Fees Temporary Use 1 Temporary Use Permit - Minor (Standard) $250 2 Temporary Use Permit - Minor bill per hour, with $250 base fee (Requests Requiring Additional Effort) 3 Temporary Use Permit - Major (Standard) $1,976 (Events greater than 200 people) 4 Temporary Use Permit - Major bill per hour, with $1,976 base fee (Requests Requiring Additional Effort) Minor Use 5 Minor Use Permit $250 6 Minor Use Permit - Amendment $225 Conditional Use 7 Conditional Use Permit bill per hour, with $5,827 base fee 8 Conditional Use Permit - Planned Unit Dev. bill per hour, with $5,827 base fee 9 Conditional Use Permit -Amendment bill per hour, with $2,837 base fee 10 Conditional Use Permit - Time Extension $1,596 Site Development 11 Development Agreement bill per hour, with $2,837 base fee 12 Site Development Permit - Planning Commission bill per hour, with $8,107 base fee 13 Site Development Permit - Administrative bill per hour, with $6,891 base fee 14 Site Development Permit - Amendment bill per hour, with $4,256 base fee 15 Site Development Permit - Time Extension $1,596 16 Modification by Applicant bill per hour, with $304 base fee 17 Minor Adjustment bill per hour, with $304 base fee 18 Variance bill per hour, with $2,128 base fee Landscape Plan 19 Final Landscape Plan - Minor $760 (Minor rehab not exceeding 8,000 SF) 20 Final Landscape Plan - Major $1,672 Signs 21 A -Frame Sign Permit $0 22 Sign Permit $250 23 Sign Program bill per hour, with $2,685 base fee 24 Sign Program Amendment $912 Zoning 25 Zone Change bill per hour, with $8,715 base fee 26 Director's Determination $250 27 Certificate of Compliance $250 28 Zoning Letter - Basic Property Information $250 29 Zoning Letter - Basic Property Information with Additional $1,292 Research Required 30 Zoning Text Amendment bill per hour, with $8,917 base fee [aj Master Fee Schedule Schedule of Planning Fees Fee Irescription Fee - i;oxes Street Name Change 31 Street Name Change $1,748 Historical Structures 32 Landmark Designation/Cert of Appropriateness $1,250 Environmental Review 33 Environmental Assessment $456 34 Recordation of Exemption $152 35 Initial Study (ND/MND) bill per hour, with $3,040 base fee 36 Environmental Impact Report bill per hour, with $8,360 base fee General/Specific Plan 37 Specific Plan bill per hour, with $9,931 base fee 38 Specific Plan - Amendment bill per hour, with $4,357 base fee 39 General Plan Amendment bill per hour, with $9,728 base fee Map 40 Tentative Parcel Map bill per hour, with $4,459 base fee 41 Tentative Parcel Map - Waiver $1,140 42 Tentative Parcel Map - Amendment bill per hour, with $2,685 base fee 43 Tentative Parcel Map - Revision bill per hour, with $2,685 base fee 44 Tentative Parcel Map - Time Extension $912 45 Tentative Tract Map bill per hour, with $7,600 base fee 46 Tentative Tract Map - Amendment bill per hour, with $3,597 base fee 47 Tentative Tract Map - Revision bill per hour, with $3,597 base fee 48 Tentative Tract Map - Time Extension (CC or PC) $1,748 49 Tentative Tract Map - Time Extension (Admin) $988 50 Tentative Condominium Map bill per hour, with $7,600 base fee 51 Amended Final Parcel Map (Entitlement Support) bill per hour, with $3,800 base fee 52 Amended Final Tract Map (Entitlement Support) bill per hour, with $6,080 base fee Scanning 53 Scanning Fee $152 Technology Enhancement Fee 54 Technology Enhancement Fee lesser of 2% or $5 per permit Appeal 55 Appeal $1,500 * In addition to the fees identified in this schedule, the City will pass -through to the applicant any fees imposed by other agencies and any discrete costs incurred from the use of outside service providers required to process the specific application. For service requests, which have no fees listed in this Master Fee Schedule, the City Manager or his/her designee shall determine the appropriate fee based on the following hourly rates for staff time involved in the service or activity. 56 (Planning Department Staff 57 Outside Service Providers $152 perhour pass -through of 100% of actual costs [a] In addition to the fee shown for Development Agreement, the City shall collect a $2,000 initial deposit to offset Attorney costs. 478 90 Master Fee Schedule Schedule of Public Works Fees Fee Nescription Fee Init rioxes Land Subdivision 1 Parcel Map: a) Final Parcel Map i) Initial Sheet $1,748 per sheet ii) Each Additional Sheet $532 per sheet b) Final Parcel Map - Amendment i) Initial Sheet $1,748 per sheet ii) Each Additional Sheet $532 per sheet c) Substantial Conformance Review i) Initial Sheet $2,622 per sheet ii) Each Additional Sheet $1,216 per sheet 2 Tract Map: a) Final Tract Map i) Initial Sheet $1,900 per sheet ii) Each Additional Sheet $608 per sheet b) Final Tract Map - Amendment i) Initial Sheet $1,900 per sheet ii) Each Additional Sheet $608 per sheet c) Substantial Conformance Review i) Initial Sheet $2,622 per sheet ii) Each Additional Sheet $1,216 per sheet 3 Reversion to Acreage: a) Initial Sheet $2,052 per sheet b) Each Additional Sheet $456 per sheet 4 Lot Line Adjustment/Parcel Merger a) Lot Line Adjustment $1,520 per request b) Parcel Merger $1,520 per request 5 Street Dedication/Vacation a) Land Action Documents $1,710 per request (ROW/Easements/Grant Deeds) b) Vacation of Street/Public ROW $2,128 per request 6 Land Survey a) Record of Survey $494 per request b) Certificate of Correction $646 per request Grading / Project Improvements 7 Plan Review (First 3 Reviews): a) Rough Grading i) Initial Sheet $1,406 per sheet ii) Each Additional Sheet $760 per sheet iii) Revisions - Initial Sheet $1,084 per sheet 479 91 Master Fee Schedule Schedule of Public Works Fees Fee lescription Fee —unit iv) Revisions - Each Additional Sheet $760 per sheet b) Precise Grading - Commercial i) Initial Sheet $1,710 per sheet ii) Each Additional Sheet $1,064 per sheet iii) Revisions - Initial Sheet $1,388 per sheet iv) Revisions - Each Additional Sheet $1,064 per sheet c) Precise Grading - Tract Homes i) Initial Sheet $988 per sheet ii) Each Additional Sheet $190 per sheet iii) Revisions - Initial Sheet $590 per sheet iv) Revisions - Each Additional Sheet $190 per sheet d) Precise Grading - Custom Home [a] e) PM10 i) Initial Sheet $550 per sheet ii) Each Additional Sheet $0 per sheet iii) Revisions - Initial Sheet $425 per sheet iv) Revisions - Each Additional Sheet $0 per sheet f) Street Improvements i) Initial Sheet $1,558 per sheet ii) Each Additional Sheet $912 per sheet iii) Revisions - Initial Sheet $1,236 per sheet iv) Revisions - Each Additional Sheet $912 per sheet g) Storm Drain i) Initial Sheet $1,558 per sheet ii) Each Additional Sheet $912 per sheet iii) Revisions - Initial Sheet $1,236 per sheet iv) Revisions - Each Additional Sheet $912 per sheet h) Signing and Striping i) Initial Sheet $1,406 per sheet ii) Each Additional Sheet $760 per sheet iii) Revisions - Initial Sheet $1,084 per sheet iv) Revisions - Each Additional Sheet $760 per sheet i) Traffic Signal i) Initial Sheet $1,254 per sheet ii) Each Additional Sheet $608 per sheet iii) Revisions - Initial Sheet $932 per sheet iv) Revisions - Each Additional Sheet $608 per sheet j) Sidewalk i) Initial Sheet $1,102 per sheet ii) Each Additional Sheet $456 per sheet iii) Revisions - Initial Sheet $780 per sheet 480 92 Master Fee Schedule Schedule of Public Works Fees Fee N•rioxes iv) Revisions - Each Additional Sheet $456 per sheet k) Traffic Control Plan $76 per sheet 1) Record Drawings Review i) Initial Sheet $798 per sheet ii) Each Additional Sheet $152 per sheet m) Hydrology Report $1,634 per report i) Revisions $760 per report n) Traffic Study $1,254 per study o) WQMP Report i) With Prior Entitlement $1,482 per report ii) Without Prior Entitlement $1,786 per report iii) Revisions $760 per report p) SWPPP $1,710 per plan i) Revisions $608 per plan q) Sewer and Water i) Initial Sheet $1,064 per sheet ii) Each Additional Sheet $456 per sheet iii) Revisions - Initial Sheet $760 per sheet iv) Revisions - Each Additional Sheet $456 per sheet 8 Plan Review (>3 Reviews) $152 per hour 9 Expedited Plan Review Fee 1.5x standard fee 10 Permit Inspection a) Rough Grading i) First 3 Acres $3,040 ii) Each Additional Acre $380 b) Precise Grading i) First 3 Acres $3,040 ii) Each Additional Acre $380 c) Precise Grading - Tract Homes [b] d) Precise Grading - Custom Homes [b] e) PM10 i) < 10 Acres $3,648 [c] ii) 10 - 50 Acres $5,472 [c] iii) 51 - 200 Acres $7,296 [c] iv) > 200 Acres $10,944 [c] f) Street Improvements - Off -Site i) First 1,000 LF $4,864 ii) Each Additional 1,000 LF $2,736 481 93 Master Fee Schedule Schedule of Public Works Fees Fee lescription Fee Init rioxes g) Street Improvements - On -Site i) First 1,000 LF $3,344 ii) Each Additional 1,000 LF $1,824 h) Storm Drain i) First 1,000 LF $1,824 ii) Each Additional 1,000 LF $912 i) Signing and Striping i) First 1,000 LF $1,520 ii) Each Additional 1,000 LF $456 j) Traffic Signal $3,344 k) NPDES $1,824 1) Bond Reduction Request $2,052 m) Final Inspection/Acceptance $2,736 n) Traffic Control Only i) One Day $304 ii) Two - Five Days $608 iii) Each Additional Day (Up to 10 Days) $304 iv) 11+ Days $2,812 o) Cut/Bore $684 p) Driveway i) Residential $152 ii) Commercial $988 q) Excavation i) First 100 Lineal Feet $684 ii) Each Additional 100 Lineal Feet $152 r) Sidewalk i) First 100 Lineal Feet $988 ii) Each Additional 100 Lineal Feet $304 s) Sewer and Water $1,216 t) Night Work $380 11 Research/Administrative a) Subdiv'n Improvement Agreem't (SIA) $1,824 per request b) SIA - Time Extension $1,064 per request c) Assignment & Assumptions Agreem't $1,976 per request d) Flood Plain Research/FEMA App $912 per request 12 Reactivation of Permit a) Reactivation of an Expired Permit $456 each 482 94 Master Fee Schedule Schedule of Public Works Fees Fee lescription Fee inu 13 Technology Enhancement Fee Technology Enhancement Fee 2% of permit fee or $5, whichever is less 14 Transportation Permits a) Annual $90 each b) Single Event $16 each * In addition to the fees identified in this schedule, the City will pass -through to the applicant any discrete costs incurred from the use of outside service providers required to process the specific application. Exception for contract traffic engineering and plan review consulting costs, which are included in the fees listed above. For service requests, which have no fees listed in this Master Fee Schedule, the City Manager or his/her designee shall determine the appropriate fee based on the following hourly rates for staff time involved in the service or activity. DescriptionFee 715 Public Works Personnel $152 per hour 16 Outside Service Providers 100% pass -through of actual cost [a] Plan review fees for Precise Grading - Custom Home are identified as part of the Building fee schedule and are based on the lot size of the custom home. See Building fee schedule, Grading section. [b] Inspection fees for Precise Grading - Custom Homes and Tract Homes are identified as part of the Building fee schedule. See Building fee schedule, Grading section. [c] For PM10 annual permit. For permits required for less than one year, or portion of year, fees will be pro -rated based on the number of months permitted. 483 95 Master Fee Schedule Schedule of NPDES Ongoing Inspection Fees Fee N- NPDES Ongoing Inspection Fee 1 Food Establishment Facilities $44 per year 2 Hazardous Waste/Materials Facilities - 3Yr $93 per year 3 Hazardous Waste/Materials Facilities - 1Yr $246 per year Code Compliance 4 Code Compliance Follow -Up, If Required $103 per hour 484 96 Master Fee Schedule Schedule of Short -Term Vacation Rental Permit Fees DescriptionFee Short -Term Vacation Rental Permit Fee 1 Permit Fee $187 per year 2 Technology Enhancement Fee 2% of permit fee or $5, per year whichever is less 485 97 Master Fee Schedule 486 98 Master Fee Schedule Schedule of Administrative Fees Fee Nescription Fee I Init rioxes 1 Black and White Copy - up to 8.5 x 14 $0.15 per single -sided page 2 Black and White Copy - 11 x 17 $0.20 per single -sided page 3 Color Copy - up to 8.5 x 14 $0.25 per single -sided page 4 Color Copy - 11 x 17 $0.50 per single -sided page 5 Oversized Sheets (Plans/Maps) $3.00 per sheet [a] 6 CD or DVD $5.00 per CD or DVD 7 Certified Document $2.00 per document 8 Agency Credit Card Service Fee 2.2% % of fees paid [b] * In addition to the fees identified in this schedule, the City will pass -through to the applicant any fees imposed by other agencies and any discrete costs incurred from the use of outside service providers required to process the specific request for information/service. * In addition to the fees identified in this schedule, if a request for electronic records either (1) is for a record normally issued only periodically, or (2) requires data compilation, extraction, or programming, costs will include the cost of producing the copy, including construction, programming and computer services. [a] If more than two sheets are requested, the City will typically process the request using an outside vendor service. [b] Fee is intended to function as a pass -through of credit card transaction vendor charge. Annual updates should be based on vendor charge. ** Periodically, the City completes a cost of service analysis for the administrative fees included in this schedule. The findings of the analysis will be used to influence recommended administrative fees. In between cost of service studies, the City will annually identify the yearly change in the consumer price index, and identify the fee eligible for recovery based on the change in the index. However, for the sake of administrative efficiency the City will adjust fees in $0.05 increments (for example, when the inflation adjusted black and white copy fee is between $0.15 and $0.20 the City will charge $0.15 per copy). 487 99 488 aTYCOUNaL H Z 5 CY g U- 0 C3 BOARDS, COMM I SSI ON AN D OUTSI DE AGEN CY M EETI N GS AUGUST 2016 - OCTOBER 2016 Date AUGUST August 2 CITY COUNCIL M EETI NG August 3 ARCHI TECTURE AND LANDSCAPI NG REVI EW BOARD August 8 COMMUNI TY SERVI CES OOMMI SSI ON August 9 PLANNI NG COMMI SSI ON August 10 I NVESTM ENT ADVI SORY BOARD August 16 Cl TY COU N Cl L M EETI N G - CAN CELLED August 23 PLANNI NG OOMMI SSI ON - TEVTAII VECANCELLAIION Date SEPTEM BER Sept. 5 Cl TY HALL CLOSED - LABOR DAY Sept. 6 Cl TY COU N Cl L M EETI N G - CAN CELLED Sept. 7 Sept. 12 ARCHI TECTURE AND LANDSCAPI NG REVI EW BOARD COMMUNI TY SERVI CES COMMI SSI ON Sept. 13 PLANNI NG COMMI SSI ON Sept. 20 CITY COUNCIL MEETI NG Q Sept. 24 PLANNI NG COMMI SSI ON z LU J Date • •- Oct. 4 CITY COUNCIL M EETI N G Oct. 5-7 ANNUAL LEAGUE OF CI TI ES CONFERENCE (Long Beach) Oct. 5 ARCHI TECTUREAND LANDSCAPI NG REVI EW BOARD Oct. 10 OOMMUNI TY SERVI CES COMMI SSI ON Oct. 10 PLANNI NG COMMI SSI ON Oct. 17 CITY COUNCIL M EETI NG Oct. 24 PLANNI NG OOMMI SSI ON OUTS] DE AGENCY U PCOM I N G M EETI N G DATES AUGUST2016 Day Time LI NDA EVANS, MAYOR No Meeting C1/AG COACHELLA VALLEY CONSERVATI ON COMMI SSI ON No Meeting C1/AG ENERGY & ENVI RONMENTAL RESOURCES COMMI TTEE No Meeting GREATER PALM SPRI NGS CONVENTI ON & VI SI TORS BUREAU No Meeting CVAG EXECUTI VE COMMI TTEE No Meeting COACHELLA VALLEY WATER DI STRI CT POLI CY COMMI TTEE Intl STY FRAN !4J N, COU N CI LM EM BER No Meeting COACHELLA VALLEY MOUNTAI NS CONSERVANCY No Meeting JACQUELI NE COCHRAN REGI ONAL Al RPORT AUTHOR TY No Meeting SUNLI NE TRANSI T AGENCY TBD COACHELLA VALLEY SCHOOL DI STRI CT COMMI TTEE No Meeting DESERT SANDS UNI FI ED DI SIRI CT COMMI TTEE TBD CHAMBER OF COMMERCE I NFORMATI ON EXCHANGE LEE OSBORN E, COU NCI LM EM BER 1 6:00 p.m. I I D ENERGY CONSUMERS ADVI SORY COMMI TTEE No Meeting C1/AGSAFETY COMMI TTEE No Meeting ECONOMI GDEVELOPMENT SUB -COMMITTEE TBD EAST VALLEY COALI TI ON No Meeting DESERT SANDS UNI FI ED DI STRI CT COMMITTEE JOH N PEN A, , COU N CI LM EM BER No Meeting AN MAL CAMPUSCOMMI SSI ON No Meeting CVAG VALLEY -WI DE HOMELESSNESS COMMI TTEE ROBERT RAD I , COU N Cl LM EM BER 10 9:30 a.m . RI VERSI DE COUNTY TRANPORTATI ON COMMI SSI ON (RCTCO No Meeting ECONOMI GDEVELOPMENT SUB COMMITTEE 31 9:00 a.m . CVAG TRANSPORTATI ON COMMI TTEE TBD COAHELLA VALLEY SCHOOL DI STRI CT COMMI TTEE Mu OUTS] DE AGENCY U PCOM I N G M EETI N G DATES SEPTEM BER 2 016 Day Time LI NDA EVANS, MAYOR 8 11:00 a.m . C1/AG COACHELLA VALLEY CONSERVATI ON COMMI SSI ON 8 12:00 p.m. CVAG ENERGY & ENVI RONMENTAL RESOURCES COMMI TTEE 16 8:00 a.m . GREATER PALM SPRI NGS CONVENTI ON & VI SI TORS BUREAU 26 4:30 p.m. CVAG EXECUTI VE COMMI TTEE TBD COACHELLA VALLEY WATER DI STRI CT POLI CY COMMI TTEE KRI STY FRAN KU N, COU NCI LM EM BER 12 3:00 p.m. COACHELLA VALLEY MOUNTAI NS CONSERVANCY No Meeting JACQUELI NE COCHRAN REGI ONAL Al RPORT AUTHOR TY 28 10:00 a.m . SUNLI NE TRANSI T AGENCY TBD COACHELLA VALLEY SCHOOL DI STRI CT COMMI TTEE TBD DESERT SANDS UNI FI ED DI STRI CT COMMI TTEE 11:3Wfa_1►�1:3gY071 [i07►VAI►TA10:kf21101go] :,J/_'lI[�7�1�:(�:/_1►[e�� LEE OSBORN E, COU N Cl LM EM BER 12 6:00 p.m. I I D ENERGY CONSUMERS ADVI SORY COMMI TTEE 12 9:00 a.m . CVAG SAFETY COMMI TTEE 14 4:00 p.m. ECONOMI C-DEVELOPMENT SUB -COMMITTEE 15 8:00 a.m . EAST VALLEY COALI TI ON TBD DESERT SANDS UN FI ED DI STRI CT COMMI TTEE JOH N PEN A, , COU N CI LM EM BER 8 9:30 a.m . AN MAL CAMPUS COMMI SSI ON 21 10:00 a.m . CVAG VALLEY -WI DE HOMELESSNESS COMMI TTEE ROBERT RAD I , COU N Cl LM EM BER No Meeting CVAG TRANSPORTATI ON COMMI TTEE (8/31) 14 9:30 a.m . RI VERSI DE COUNTY TRANPORTATI ON COMMI SSI ON (RCT00 14 4:00 p.m. ECONOMI C-DEVELOPMENT SUB COMMITTEE TBD COAHELLA VALLEY SCHOOL DI STRI CT COMMI TTEE 491 OUTS] DE AGENCY U PCOM I N G M EETI N G DATES OCTOBER 2016 uay i ime U NUA tVANS, MAYUK No Meeting CVAG COACHELLA VALLEY CONSERVATI ON COMMI SSI ON No Meeting CVAG ENERGY & ENVI RONMENTAL RESOURCES COMMI TTEE No Meeting GREATER PALM SPRI NGS CONVENTI ON & VI SI TORS BUREAU No Meeting CVAG EXECUTI VE COMMI TTEE TBD COACHELLA VALLEY WATER DI STRI CT POLI CY COMMI TTEE Day Time KRI STY FRAN I4J N, COU NCI LM EM BER 10 3:00 p.m. COACHELLA VALLEY MOUNTAI NS CONSERVANCY 19 3:00 p.m. JACQUELI NE COCHRAN REGI ONAL Al RPORT AUTHOR TY 26 11:00 a.m . SUNLI NE TRANSI T AGENCY TBD COACHELLA VALLEY SCHOOL DI STRI CT COMMI TTEE TBD DESERT SANDS UNI FI ED DI STRI CT OOMMI TTEE TBD CHAMBER OF COMMERCE I NFORMATI ON EXCHANGE My Time LEE OSBORN E, COU N Cl LM EM BER 3 6:00 p.m. I I D ENERGY CONSUMERS ADVI SORY COMMI TTEE No Meeting C1/AGSAFETYCOMMI TTEE 12 4:00 p.m. ECONOMI GDEVELOPMENT SUB -COMMITTEE 20 8:00 a.m . EAST VALLEY COALI TI ON TBD DESERT SANDS UN FI ED DI STRI CT OOMMI TTEE Day Time JOHN PENA, , COUNCI LMEMBER No Meeting AN MAL CAMPUS COMMI SSI ON No Meeting CVAG VALLEY -WI DE HOMELESSNESS COMMI TTEE Time No Meeting 12 9:30 a.m. 12 4:00 p.m. TBD ROBERT RAD I , COU N Cl LM EM BER RI VERSI DE COUNTY TRANPORTATI ON COMMI SSI ON (ROTC) ECONOMI C-DEVELOPMENT SUB COMMI TTEE COAHELLA VALLEY SCHOOL DI STRI CT COMMI TTEE City of La Quinta CITY COUNCIL MEETING QUARTERLY REPORT TO: Madam Mayor and Members of the City Council FROM: Anthony Moreno, Code Compliance/Animal Control Supervisor Chris Escobedo, Community Resources Director DATE: July 19, 2016 SUBJECT: PROACTIVE CODE COMPLIANCE EFFORTS/ANIMAL CONTROL UPDATE Proactive Code Compliance Efforts As part of the proactive efforts, the La Quinta Cove has been categorized into four areas with a code compliance officer assigned to each area (Attachment 1). This is designed to enhance the focus and allow residents to interact with their case expert. Code officers actively monitor the community and respond to community reports. On May 17-18, after a 30-day advance notice, Code started the Phase 2 assessment of the Highway 111 business corridor. Code inspected each property, identified code violations, and issued notices. In total, 212 cases were investigated and 29 remain open. City staff commented on the flurry of businesses coming in to renew their licenses. On July 1, 2016, Code sent a 30-day advance notice to residents in North La Quinta and other business areas located outside the Highway 111 corridor to inform them of Phase 3 neighborhood review efforts, and the opportunity to resolve any potential code violations without City intervention with inspections to follow. Desert Trip Ramp -Up On June 23, 2016, Code attended a meeting with Goldenvoice regarding the Desert Trip concerts scheduled for October 7-9, and 14-16. Goldenvoice released the attached area plan (Attachment 2), and clarified the land use next to Rancho Santana off Avenue 52 (Section 13A) as the Uber drop-off and pickup, lot 13C as the overflow parking (no camping), lots 14-15 as the day parking, and lot 16 for security staff. Goldenvoice will provide Rancho Santana residents passes to gain access to their community during blow-out. Carmela residents will continue to have entry on Avenue 53. Code will actively patrol the city from 6 p.m. to 2 a.m. for noise, soliciting, house parties, parking, and other impact issues. 493 Animal Control Update On June 21, the Council unanimously approved extending the contract for animal services with the County for one year. Frank Corvino, Deputy Director of Riverside County Department of Animal Services and his staff, attended the meeting and committed to implement a new phone tree to reduce call waiting, and to continue working with staff to fine-tune animal control services. The new phone tree is being uploaded to the County's system and will be operational by the end of July. Staff has advanced discussion with Melanie Scherer, the founder of SNIPS, who offered to provide low cost spay and neuter services at La Quinta City Hall on a monthly basis. SNIPS provided their insurance and veterinarian certification, and is finalizing arrangements to offer the first clinic on Saturday, July 30, 2016, from 7:30 a.m. to 4:30 p.m. The City website, the Cove Neighborhood Association and the Desert Sun calendar will advertise this event. Attachments: 1. Code Base Map 2. 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Ix 52224 52231 7 2265 0 52230 77345 52220 0 77405 52225 52220 r52260 52275 0 0 1 77667 _ 77687 _ 77707 _ 77745 - 0 52225 _ 52220 77841 152220 52253 52220 52279�1 52 ❑ O 0 0 52235 52300 0 52250 52255 0 52225 52222 52255 52250 52255 52280 52287 52280 0 0 52280 52285 52280 52293 52230 52275 52230 52230 52273 52230 52295 52300 52230 52215 52240 52245 52332 0 52280 52285 52295 52334 0 52275 0 52275 52300 52295 -- - 523005 22 95 - 52310 .52295 52300 52295 0 - 52305 - 52300 52310 52315 52293 52240 52240 52337 52320 5- :Q C7 52250 52253 52250 52255 52352 52285 52320 52355 52323 52320 52305 52300 52305 0 52311 52320 52330 52330 52325 52320 52375 52340 52333 52330 0 52337 52260 52350 IJ 0 52273 52280 0 52354 52355 52350 0 52355 52350 52355 52350 52545 52340 52333 52340 52307 52350 52333 52350 52355 52350 52355 52360 52365 52350 52379 5228052385 52270 52355 5 0 0 52293 52300 52315 52370 52391 52390 52385 52380 52365 52390 52375 52400 52377 52360 52355 52360 52370 0 52370 �52390 52377 52370 52365 0 52385 52380 52391 52290 52391 52390 52375 0 5 52320 52375 0 52325 52390 52405 52405 52404 52410 52401 52410 52395 52370 52370 52395 52396 52395 52397 52390 0 52390 52395 52400 52395 52405 5242652425 52400 52385 5240052360 52385 0 52392 52425 52430 52435 0 52430 52475 52380 52385 52380 52475 52400 52415 52400 52415 52414 0 52400 52411 52410 52415 52410 5241552425 52415 E522331 52394 0 52438 52445 2420 52417 52444 52425 52440 524191 52420 52420 52435 0 52425 52420 0 52420 52425 5242577210 52430 52445 5�52433 52412 5244552380 0 52420 52441 52444 52447 52440 52441 52460 52445 52444 52439 52440 52405 52440 52455 52440 52445 0 52445 0 52435 �2421 0 52445 52445 52435 52486 52416 52465 450 5 52452 52460 77280 5?450 52449 0 52500 52451 52450 52459 52460 7757D 52465 52460 52465f �. 52490 52455; 52490.77750 0 77800f 52460 77842 52493 77920 525 Tq� - -CALLE ENSENADA _ RpCkT 77227 52470 52475 52510 52505 5 551 552505 52510 52505 77415 77440 52510 52475 52480 52523 52500 52525 77619 52521 77655 52501 52500 _ 52525 _ 52500 52471 52500 52519 - 77821 77885 �,- 52520 5252552520 5 (� UR/V 0 52480 52515 52520 52495 0 52485 52520I52525 52520 52525 52530 52525 152500 52520 52545 52540. 0 52520 52505 010 52545 0 52� 0 52533 52530'52545 52530 52111 52540I5 _ y(/- 52490 52519 52540 52555 0 52545 52540 �2543 52550 52545 52550 52555 52560 52555 52560 52565 52560 52560 52525 52540 52555 52550 52551 52550 52555 52560152553 0 52555 52560, 5- 52510 52525 0 52525 52570 52575 52570 52575 0 52608 52580 52545 52580 0 52111 52585 52580 52569 52580 52585 52582 52575 52560 52565 52580 52591 �2610 52600 52591 52600 52591 0 52555 52580 C% 52545 52590 52595 52610 52615 52608 52620 52595 52615 52599 52620I52605 52600 52620 52585 52625 52600 52605 52610 52615 52600 52605 52620.52625 52600 52605 52620 52625 52600 52620 52601 52621 52600 52616 52585 52625 52580 5265052575 52571 52621 52620 52641 52620 52621 52640 52641 52620 52611 52650 52617 52610 52601 52650 52651 52600 5 0 5' 52565 52620 52625 52640 52625 - '52625 52640 52645 52625 52640152645 0 52645 52640 526451 52630 52655 52615 52630 52661 52660 52661 52660 52660 52661 52640 5 52585 52630 52635 52660 52655 52640 52645 52660 52665 52674 52645 I52660 52665 52665 52650 52680 52655 52650 52675 52660 0 52650 52681 52680 52681 52670 52637 52670 0 52650 5 52640 52645 52680 52675 52660 52665 52680 52685 52665 0 52685 52660 52685 52680 52685 52654 52691 52691 52680 52680 - 52680 5' 52680 52675 52700 52695 52680 52685 52690 52695 0 52685 52685 152720' _ 52700 52705 52700 52685 52690 52703 52700 52705 52658 52701 52690 52701 52690 52691 52690 0 52690 5 52690 52695 52720 52711 52705 52700 52700 52705 0 52705 52695 52720 52725 52720 52705 52611 52711 52720 52660 52711 52700 52711 52700 52705 52700 52701 152700 5 0 52715 52740 52715 52725 52710 52717. 52740 77510 52740 77526 77570 52745 52740 52725 52700 52719 52730 77750 152700 0 52710 77850 52710 52715 77920 52715 52710 CALLE NOGALES 77255 52755 77305 52755 52720 77425 52740 52745 77465 527751 52770,52755 77595 52775 'S2770"52775 '77675 52760 52777 52766 52775 77825 52775 52770 52775 52770 0 5277 - 5 -\ 52760 52765 52760 52765 52732 52765 52760 52760 52785 52780 52775 52790 52795 52790 52795 52790 52777 52770 52800 52795 52790 52795 52790 52795 52790 0 52790 52770 52775 52780 52811 52770 52780 52805 52825 52770 52801 52810 52815 52772 52790 52775 52795 52770 52799 1115279p.52813 52800 52795 52820 52825 52800 52805 52820 52825 52810 52830 52811 52831 52810 52830 52835 52780 52800 52785 52827 52820 52815 52800 52805 52810 52811 52800 52805 52816 52811 52800 52805 52810 52811 52800 5 0 52 !- 52827 52810 0 52840 52845 52820 52825 52835 528401,52835 52840 52845 52850 52851 �52850 52855'. 52848 52827 0 52830 52835 52835 52830 52835 52830 52ri 1O 52810 52839 0 0 52860 52865 0 52865 '52860 52375 52860',52855 �52860 52865 52870 52871 52870 52865 52860 0 528fi2 52835 52840 52845 52830'52845 52840 52845 52840 5 A eF 52870 52680 52885 52880 52885 0 52885 52880 52885 52880'52885 �52880 52885 52890 52895 52890 52885 52880 52885 0 0 52860 52865 52860 52865 52860 52865 52860 53 �m :2 52900 52855 52900 52905 52900 52905 52910 52905 52916 52895 52900 52895 52900 52905 52910 52905 52910 52895 52892 0 52885 52880 52885 52880152885 52885 52880 52880 52 52920 52920 52925 52920 52925 52930 52935 52925 52952 52920�,52935 529105291& 52920 52925 52920 52905 52910 52975 52900 52905 52900 52905 52900 52905 52905 5290052 52940 52945 52940 52945 52940 52945 52945 52955 52930'1. 52940 52925 52940 52945 52930 52911 52920 52925 52920 52935 52920 52935 52930 0 52935 52920 52965 52970 52965 52950 52965 52960 0 52960 52965 52950152955 52962 52961 52960 52965 52940 52925_ 52940 52945, 52940 52945 52940 52945 52950''S2935 52950 52945 52940 52 77270 52980 52990 52975 52995 52970 52975 52990 52995 52970 52990 52995 52980 52975 52990 52985 52960 52975_ 52990 52985, 52970 77550 52975 52970 52980 0 52985 77668 52945 52960 52980 52965 52985 52965 52990 77780 52975 52960 52995 52970 52975 77860 52955 0 52975 O � 52990 52995 w 52970 5 52990 - CALL HIH UAH - - j 0 53005 0 53025 53020 53040 53025 77365 53025 53040 53045 53042 53025 53045 53020 53005 53040 53025 53020 53040 77535 77595E �� 53025 53040 77655 5 53040 53035 5 53055 0 0 0 0 53040 53060 77743 11 _ �53022 53025 53040 53045 _ 77821 53025 I5302053025 ¢ 53040 0 J ¢ 77g23 53025 Z Q 77 _ 53040 53055 53060 53045 53060 53065 53060 53055 53060 53065 53050 53045 53070 C0 53065 53070 53075 53080 53075 53080 530651 53060 53061 53070 53045 53060 a 53060 53065 0 53060 5- w�/V NSF 53080 53065 53080 53085 53080 53065 53080 53085 53060 53065 53102, 53095 I53080 53085 53090 53095 53106 53085 53080 53081 53080 53065 53080 53065 ¢ 53080 53085 w 53080 5 WA 53125 53100 0 53095 53100 53105 53100 53105 53100 53105 53080 53725 53120', 0 53110 53105 53100 53105 53100 0 53120 53105 0 53105 53100 0 `i 53100 ® N - - Z 53100 > ¢ 53105 0 53 53755 53160 53165 53120 53725 53145 53120 53148 53725 53133 53110 53725 53130 0 53120 53140 53121 53135 53100 53120 53133 0 53124I53155 531401 53120 53125 53140 53120 53140 53125 53745 53120 53140 53125 53745 53140 53125' 53141 53120 53125 53140 0 53120 53105 53140 53135 O 53120 53125 W Z 53130 53145 Q 0 53140 53124 53125 53160 53145 - W 53137 53148 53137 53180 53775 53150 53755 53150 53765 53150 53755 53150 0 53160 _ 53160 53160 53765 53160 53765 53150 53165 0 53765 53160 53155 53140 53161 53160 53200 0 53190 53795 W 53200 53225 W, 53210 53235 53180 53167 53220 53230 53160 53170 53210 53765 53775 53195 53785 53190 53795 53220 53215 53170 53200 53220 53775 53205 53215 53178 53795 53200 53205 53230 53235 531gp�53175 '�53195 1- - 53200':53205 53220 53215 53180 53185 53190 0 53210 53180 53200 531l35 53205 53225 531,0 53200 53230 53225 53180 53200 53230 53185 53205 0 53180 53181 53200 53201 53220 53175 N 53200 53185 W 53225 ¢ 53180 53175 - 53200 53189 w 53180 53785 53200 53205 53180 5317 0 53 53220 p 0 0 O Q > 53245 N 77600 53210 � 53245 - 53245 53220 Z 53220 53223 53220 53215 .- 5 1 77220 77240 53240 77300 53245 53240 53235 0 53225 53250 53255 53240 77550 53240 0 53240 53240 77800, 77760 - 77770 53245 Q 53240 53235 53240 53235 0 ❑ Q Qw ❑ Q CALLE M ONTEREY _ _ 4 53260 Z 53296 53265 0 53255 Q 77325 77350 53260 53265 77435 53265 53260 532651 77555' 53260 - 53260 53255 53252 53255 - - 0 53260 0 53270 77845 � 53255 53280 53260 53265 77855 53255 53290 77995 Q 53280 > 53270 53277 Z 53285 53280 53285 53290 Z 53280 53295 53255 53300 53275 0 53251 - 0 0 53275 ® 53275 53280,53285 53280 53275 53300 53298 53305 2 53300 53311 Q 53325 w 53320 53335 53300 53303 W 53320 Q 53300 53320 53305 53325 53300 53305 53320 53325 53300 53320 53325 O 53300 53335 w 53320 53280153305 53320 53325 - 53305 53320 53325 53272 53300 53305 53325 0 53330 53325 53300 53320 53295 53305 53300 53301 53320 53325 - 53300 53335 Z W 53320 53345 53330 53305 53340153325 53375 53320 53310 53315 53330 53300 53345 > 53340 53340 53335 53340 53340 53345 53340 53345 = 53340 53345 53345_ 53340 53330 0 53345 53340 53325 53340 53345 Q 53340 53355 53350I53355 53340 53345 53340 53325 MASTERS CIR Q 53355 53345 ro 53345 53355 __ 53365 53360 53360 0 53360 53360 53365 53360 53365.0 53350 53355 53380 53365_ 0 53360 0 53363 53360 53345 53360 53365 53360 533651 53360 53345 53360 53365 53350 53335 53385 53380 53385 53380 53385 53380 53385 53380 53385 53380 53385 ® 53380 53365 53385 53380 53385 0 53385 53362 53365 53380 53365 53380 53385 53380 53385'( 53370 53365' S3370 0 53360 53350 53405 53400 53405 53420 53415 53400 53405 5340053405 53400 53415 Z 53400 53375 53400153401 53404 53405 53390 53399 53380 53415 53400 53385 53400 53405 53410 53405 53400 53395 53380 53405 53390 53395 53425 53420 53425 53430 53423 53420 53445 53425 0 53460 53420 53425 W 53405 53444 53430 53435 53430 53435 _53430 53445 53400 53425 53420 534,5 0 53425 53425 53424 53420 53425 53390 53425 53420 53425 53445 53440 53445 53440 53440 53465 O 53455 Q 53450 53445 Q 53435 0 53455 53450 53455 53450 53420 53445 53460 53425 0 53445 53445(( 53440I53445 53400 53445 53470 53475 53490 0 53460 53465 53480 53435 53460 53465 53480 53495 53460 77330 53485 53495 M 53480 53475 Of ❑ Q ' 53490 53435. 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Z 53872 53865 53870 13 53375 53854 53855 53854 53875 53820 0 53845 53800 53840 53855 53860 0 53860 53840 53845 1153860 53865 53898 53880 53885 53880 53885 53880I53881 880 53885 53880 5 h: 53895 Z 53890 53888 53865 53860 53905 53875 53802 0 0 53905 53880 53885 53880 0 53880 0 I 53860 53865 53875 53865 53900 53905 0 53905 53900 5390. 908 53925 53900 53 I . 53960 53945 W 53910 53915 53910 53895 53925 53940 253812 0 53900 53900 53925 53890 53885 53890 539591 53870 0 53880 53885 53890 53885 53920 53925 0 53925 53920153915 -394015 .. 920 53955 :53965 Q 53960 53935 53930 53955 53945 ;53,"O' 40 53945 0 53960 .53945 53945 53900:53905 0 53905 53890 53911 53910 53911 53900 53905 0 53945 0 53975 53950:539& 3950 153975 53965 53975 77260 0 0 0 0 53985 53965 77450 53975 53940'.53945 53925( 53966 53940 53955 153950 5395553920 53945960 53960 77780 53960 53985 53970 5395 96060153995 -J 54TH-AVE 77200 53935 53995 77300 0 0 0 77400 53970 77438 53975 77500 77530 53945 53980 53995, ,53960 53965. 53940 53980 53995. 53980 CALLE CHILLON 54021 54020 54017 54050 54040 54020 54015 54040 54035 54018 54015 54040 54035 0 0 0 0 54020 54025 54040 54045 54010 54020 54035 54020.54025 - - I54045 77525 77545 54040 54045 54010 54017 54040 77705 54060 54015 54p25 54040 54025 54020 54040 54025 - 54035 77805 54030 54015 54010 77855 54030 54035 54010 _. 0 I 54020 1 1- 54020 -'. 038 54060 54055 54100 54080 54075 0 54 555 54060 54065 54040 54055 54055 54074 54040 54055 0 54065 54060 54065 54060 54065 - 54080 54065 54060 54055 54060 54055 54050 54035 54052 54065 54040 0 0 I 54080 54075 54080 54105 54075 54075 0 54075 54080 54085 54080 54095 54100 54080 54062 54075 54070 54055 54074 54050 54065 54074 S4082 54100 54105 54100 54105 54100 54080 54085 5408054105 11 54080 54085 0 54100 54105 54100 54105 - 54120 54085 54090 54095 54066 54085 54100 54075 54100 54085 54070 0 54090 ' 54120 54125 54120 0 54120 54125 54105 — 54100 54115 54100 54105 54100 0 54120 54125 54120 54125 I 54145 54110 54105 0 54105 54145, 54140 541W 54145 0 54140 54145 54145 54140 54145, 54120 54125 " I54145 120 54125 54120 54145 54150 54140 - 54140 54140 54145 54160 54165 54165 154140 5414054135 54175 j " 54170 54175 54180 54165 54160 54165 54140 54145 �541'454145 5425 140 - 54165 54170 54175 54160 54175 54160 54175 54160 541651 - 0 54185 85 54155 54180 54155 54160 _154145 - 54180 54175 54180 54185 54160 5065 54140 54155 54140 �54170 �54190 54195 54200 54P05 54190 54175�I 54200 54195 54180 54185 - 54195 54200 54190 54205 54200 542050 54195 54225 54200 54195 54220 54205 54200 54195 0 54205 54200 54220 54215 54225 54185 0 54205 54180 54208 54211 54220 54225 _ 54220 54225 54190 541951 54220 0 54220 54205 54225 L20 54215 54235 54202 54205 54217 54205. 54210 54225 54215 0 54225 54210 54200 54245 54240 54245 0 54235 77310 54245 0 54225 0 77500 775101 - ;54240,77540 54235 77560 54240 54245 1,54240 77680 54230 0 77760 77800 54245 54218 MADRID 77125 77175 54280 54260 77275 54280 54283 54260 54259 54280 54277 54P73 54260 54265 54270 54275 _CALLE 54255 77451 54275 77545 77511 54275 0 54305 54260 54280 _ 54255 J 54250 54300 77685 54275 77755 54270 54255 54275 54255 54270 54275 54260 77845 54270 54275, 54P90 54295 0 54325 54300 54303 54324 54325 54375 54310 54330 �295 54360 0 54300 54330 54360 0 54283 54300 54295 54320 54325 54350 0 54296 54320 54340 54295 54325 54345 54285 54310 54295 - 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I'm - R� w al - � u yx i�i ,• ��` ' ;�'.+�![.r.R':.i -�yT; +r ",: �.�✓�?..u"' "�. .w.y,.�'^y�. a,`:. i'�' t '� i �� '� .'� •�7�a �'�� -. '"V ,yy. C w` is,•� �' ,R � '� ' _ r �4 R8�'�1 w u'd* ^� I�. {e tbe 1 .. iLej 4f fY .t r got uw. • i Cjj rr� . � �" s' a► mac'!. , '� �;' Y� AW i.?s � S.« � L• '� �L' �l , .. . s ��- 6!r�.i �'`L.. �� _.Jd� � � L - 1� �1i7 �� ..- -. City of La Quinta CITY COUNCIL MEETING DEPARTMENT REPORT TO: Madam Mayor and Members of the City Council FROM: Christina Calderon, Community Programs & Wellness Supervisor Chris Escobedo, Community Resources Director DATE: July 19, 2016 SUBJECT: COMMUNITY SERVICES GRANT PROCESS UPDATE On May 17, 2016, Community Services (CS) grants were brought to Council for consideration. At that time, Council discussed the timeline for the grantee to spend their approved grant funds. The main points were: • Past practice dictated that all grant funds were to be spent by each grantee prior to the end of the same fiscal year. • Council consensus requested the process be changed to allow more time for grantees to spend their funds. Council directed staff to review and update existing process to include: • Allow grantees up to 12 calendar months from their disbursement date to spend funds. Previously recipients were allowed 2-8 months. • A 6-month "check in" reporting form confirming that the grantee is still operating an active non-profit and amount spent to date. A reconciliation form is required at the end of the 12-month period and funds not spent at the end of 12 months are returned. • Updated application documents to include: o New trimester calendar highlighting important dates. o New one -sheet Grant Overview guidelines page with: ■ "Is my organization eligible" and frequently asked questions section ■ A section outlining "The Process" with steps an applicant can easily follow. -•A Attachments: 1. Community Services Grant overview and Trimester program calendar 2. Six month report form 498 The City of La Quinta offers a grant program for community services support. • Community Services Grants go to recognized nonprofit organizations that benefit the residents of La Quinta. • Grants are considered and funded up to three times per year (rounds). • Organizations that have been funded are ineligible for funding for the next fiscal year. • All three rounds are held within the city's fiscal year (July 1- June 30). • All funding requests are limited to an amount not to exceed $5,000. Q: How much money is available? A: Requests are limited to an amount not to exceed $5,000. Any funding amount requested could be adjusted to a lesser amount at the discretion and approval of the City Council. Q: Who can apply for this grant? A: Applications are accepted from recognized non-profit organizations that directly benefit La Quinta residents. Second consideration is given to organizations that indirectly affect the quality of life for the residents of La Quinta. Q: Can an individual apply for this grant? A: No, individuals are not eligible for funding through the City of La Quinta grant program. Q: Can my organization request "seed" money for a start-up? A: Yes, organizations can request "seed" money, however they are required to obtain matching funds from other sources in the some fiscal year before the grant funds will be released. Q: Is my organization eligible if we received Community Development Block Grant (CDBG) funds? A: No, organizations that receive CDBG funds from the City of La Quinta during the some fiscal year are not eligible for funding. Q: Is my organization eligible if we received Community Services Grant (CSG) funds in the past? A: Yes, and No. Organizations that were funded before June 30, 2015 are now eligible to apply. Organizations that were funded after July 1, 2015 are ineligible for funding and must wait until July 1, 2017 to re -apply. What you need to do: 1. Determine eligibility based on the information provided above. If eligible, proceed to step 2. 2. Review the grants calendar for submission dates (in M). If within due date, proceed to step 3. 3. Fill out the grant application. Once completed proceed to step 4. 4. Submit application via email to ccalderon@la-quinta.org, or in person to the Wellness Center. a. The Wellness Center is located at 78450 Avenida La Fonda, La Quinta, CA 92253. The next steps: 5. Applications are received and reviewed by staff to ensure eligibility and completeness. 6. Completed grant applications will be reviewed by a designated Grant Review Committee (in ME). a. The committee's review includes: consideration of the funding amount, the intended use of the funds, and the organizations service to the community. If the committee approves the application, they will then recommend for approval to the City Council. 7. Committee approved applications are submitted to the City Council for consideration and approval (in ) 8. If approved, funds will be dispersed to grantee (in white) and can be spent over a 12 month period. 9. Funding expenditures will need to be reported to the city at 6 months and a full reconciliation form with supporting documentation will be due before the end of the 12 month period. For more information on the City of La Quinta Grant program, please contact the Community Resourd&9 Department at the Wellness Center 760.564.0096 Community Services Grants First Round OCTOBER 1 2 3 4 5 6 7 8 9 1 2 3 4 5 6 7 8 9 10 11 12 13 1 2 3 4 5 6 7 8 M 10 1 2 3= 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 14 15 16 17 18 19 20 21 22 23 24 25 26 27 11 12 13 14 15 16 17 18low 24 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 31 28 29 30 31 25 26 27 28 29 30 30 31 Application Due Date Ad -Hoc Committee Review I I City Council Decision Checks Distributed 500 COMMUNITY SERVICES GRANT 6 MONTH REPORT Due Date: 6 months following expenditure of grant funds. Organization Name: Name of person Completing Report: Mailing Address: Phone: Email: Date your Organization received fund Original Grant Amount: Funds Spent to Date: ** Describe your expenditure of Grant Funds to Date: Grant Amount: $ Funds Expended Balance ** Attach any supporting documentation to date (receipts for purchases, cancelled checks, payroll records, and billing statements) that is in accordance with the original grant request. Please return this form to the Community Resources Department Mailing address: City of La Quinta, Wellness Center, 78450 Avenida La Fonda, La Quinta, CA 92253. Email: Christina Calderon, Community and Wellness Programs Supervisor ccolderon@la-quinta.org All questions regarding this form or the grant process should be directed to the Community Resources Department at the Wellness Center 760.564.0096. 501 502 City of La Quinta CITY COUNCIL MEETING DEPARTMENT REPORT /r-o� C09*7rffAYFBLW Nil t TO: Madam Mayor and Members of the City Council FROM: Zander Johnston, Emergency Services Coordinator (ESC) Chris Escobedo, Community Resources Director DATE: July 19, 2016 SUBJECT: EMERGENCY MANAGEMENT SECOND QUARTERLY REPORT The City contracts with the County of Riverside Emergency Management Department (EMD) for emergency services. La Quinta utilizes a whole community approach, which has residents, emergency management personnel, community leaders and city employees working together to assess the community needs. The goal is to strengthen the prevention, protection, mitigation, response and recovery efforts to minimize the impacts of a major disaster. The key focus areas include: ■ Trainings ■ Community Outreach ■ Upcoming Milestones Trainings (Train the Trainer) ■ The following courses were attended to fulfill Riverside County requirements and to improve the City's planning, preparedness, staff capabilities, EOC operations and management: o Amateur Radio Technician License Course (Ham Radio Operator) o ICS300 Intermediate ICS for Expanding Incidents o Fire Line Refresher Course (RT-130) o E0428 Community Emergency Response Team (CERT) Train -the - Trainer o Cal Fire Education and Disaster Conference (CFED) o AWR213 Critical Infrastructure Security And Resilience Awareness o Weekly coordination meetings with Riverside County on EOC readiness, community preparedness, gap analysis and best practices. Community Outreach ■ CERT (Community Emergency Response Team) - CERT meetings were offered monthly and focused on personal and neighborhood preparedness. CERT continues to be incorporated into the Fire and Public Works Departments. 503 o Recent CERT trainings include: ■ Water purification and emergency water sources from Coachella Valley Water District, Amateur Radio Classes, Firefighter Rehab tabletop exercise with Station #32 and Battalion Chief Dave LaClair. o The City hosted a CERT class for 15 new volunteers and 2 signed up to join the La Quinta CERT team. ■ The training was held in La Quinta's EOC and local firefighters assisted in the fire extinguisher module. ■ Outreach o Attended Desert Sands Unified School District Health & Fitness Fair - EMD and two CERT volunteers offered information regarding CERT, home preparedness and protecting important documents. o Transition to Early Warning Notification System (Swift911) from CodeRed is complete. ■ A kiosk was set up inside City Hall to aid residents register for the new system that did not have internet access or required more help. o To reach more of the community, emergency preparedness brochures are now available in Spanish. Upcoming Milestones ■ Training o July - Staff training will begin with ICS100 Introduction to Incident Command System and IS700 National Incident Management System (NIMS) o August - ICS200 Incident Command System for Single Resources and Initial Action Incidents and IS800 National Response Framework o ICS300 Intermediate ICS for Expanding Incidents will be brought to the City when trainers are available. ■ Community o September - National Preparedness Month - request Council proclamation o During "National Preparedness Month" staff will hold Educational Outreach Events at the Library and Wellness Center. o No City CERT monthly meetings during July and August ■ EOC & EOP o In an effort to make aspects of the EOC more mobile, portable printers will be incorporated into the EOC, as well as organized "go" boxes that can be used in place or outside of the EOC o EOP review and revisions will be ongoing and will include more input from different city departments. ■ Disaster Management Plan with Burrtec finalized. 504 f4*- OMMP'- Y EMAERCF Cy RE 4SE TE AWL, IL - Am mwfr A -its, f7- a - r> , �.€ �,�`r�" _:-k ter,. *'^y'� •�,� fie. f 7,0 Al mw I Allk A lk 0 City of La Quinta CITY COUNCIL MEETING DEPARTMENT REPORT TO: Madam Mayor and Members of the City Council FROM: Christina Calderon, Community Programs & Wellness Supervisor Chris Escobedo, Community Resources Director DATE July 19, 2016 SUBJECT: COMMUNITY RESOURCES REPORT - June 2016 Upcoming events of the Community Resources Department for August 2017: Daily Activities Social Bridge Mah Jongg Advance Ukulele Chair Massage Events *Moonlight Movies, Fritz Burns Pool B&G Back to School Luncheon Fitness Zumba Morning Zumba Saturday Sunset Yoga Personal Training Leisure La Quinta Glee 7-14yrs. Friday Night Social Dance Beginning & Second Level Guitar Fara's Food Sports/Aquatics Rojas Taekwondo *Open Gym (Volleyball/Basketball), B&G Club *Swim Lessons, Rec Swim, Water Aerobics, Fritz Burns Pool *Summer Golf Tour, Nicklaus Tournament Course @ PGA West *Summer Golf Tour, Indian Wells Golf Resort, Players Course *Summer Golf Tour, Classic Club *Summer Golf Tour, La Quinta Resort, Dunes Course *Summer Golf Tour End of Season Banquet, La Quinta Resort *Denotes classes/events held at other locations 507 Community Resources Department Program Report for June 2016 2016 2015 2016 2015 Participants Participants Variance Meetings Meetings Leisure Classes La Quinta Glee 24 33 -9 5 4 Ballroom Dancing (Be . & Int.) 45 16 29 8 4 Friday Night Dance 10 0 10 1 0 Sunset Yoga 14 23 -9 9 5 Taekwondo 4 - 8 (Beg.) 40 12 28 9 9 Taekwondo 4 - 8 (Inter.) & 9-up 25 40 -15 9 9 Taekwondo 9yrs. - up 20 22 -2 9 9 Rojas Martial Arts 4 --up 9 15 -6 9 9 Totals 187 161 26 59 49 2016 2015 2016 2015 Participants Participants Variance Meetings Meetings Special Events Moonlight Movies 345 0 345 3 0 Totals 345 0 345 3 0 2016 2015 2016 2015 Participants Participants Variance Meetings Meetings Sports Open Gym Basketball 326 179 147 9 9 Open Gym Volleyball 143 104 39 8 9 Disc Golf Tourn., at LQ Park 13 45 -32 1 1 Golf Tour, Golf Club La Quinta 56 38 18 1 1 Golf Tour, Westin Mission Hills 50 38 12 1 1 Golf Tour, Tahquitz Creek 40 31 9 1 1 Golf Tour, Escena 47 39 8 1 1 Totals 675 474 201 22 23 Community Services Totals 1 1,207 1 6351 5721 84 72 508 Community Resources Department Attendance Report for June 2016 Summary Sheet Proaram 2016 2015 Variance 2016 2015 Leisure Classes 187 161 26 59 49 Special Events 345 0 345 3 0 Sports 675 474 201 22 23 Wellness Center 240 228 12 60 74 Wellness Center (Free Services) 420 358 62 69 80 Total 1,867 1,221 646 213 226 Wellness Center Fitness Fitness Center 4,481 3,864 617 76 78 Total 4,481 3,864 617 76 78 Sports User Groups La Quinta Park AYSO 150 150 0 13 11 Desert Boot Camp 50 50 0 7 6 Sports Complex La Quinta Youth be Sports 200 150 50 23 22 Colonel Mitchell Paige FridoV Ni ht Lights 300 250 50 1 4 Desert United Soccer Club 0 180 -180 O 11 Facility/Park Rentals Wellness Center (Sunday Church) 300 300 0 4 4 (Private Party) 280 200 80 2 1 Library Classroom 290 500 -210 8 10 Community Room 390 500 -110 13 10 Museum Meeting Room/ Courtyard 1390 900 490 12 15 Boys & Girls Club Gym (Sunday Church) 400 400 0 4 4 Civic Center Campus (Private Party) Gazebo 100 0 100 2 O Park Rentals Lo Quinta Park O 150 -150 0 3 Total 3,850 3,730 120 89 101 Total Prog rams 10,198 8,815 1,383 378 405 Volunteer Hours Wellness Center 1091 831 26 Total Volunteer Hours 3-091 831 26 509 Wellness Center Program Report for June 2016 Participation Participation Variance Meetings Meetings Fitness Center 2016 2015 2016 2015 Fitness Member Visits 4584 3605 979 26 26 Daily Fitness Drop -ins Co) $5 130 81 49 23 26 Memberships Sold 165 178 -13 26 26 Smart Keys @ $10 2 0 2 1 0 Fitness Center Total 4881 3864 1017 76 78 Participation Participation Variance Meetings Meetings 2016 2015 2016 2015 Volunteers Wellness Center 17 12 5 n/a n/a Hours 109 82.5 26.5 n/a n/a Participation Participation Variance Meetings Meetings 2016 2015 2016 2015 Wellness Activities/Social Services (Free) Wellness Activities 420 358 62 69 80 Wellness Activities/Services Total 420 358 62 69 80 Participation Participation Variance Meetings Meetings 2016 2015 2016 2015 Wellness Classes/ Programs Fitness Zumba 32 15 17 4 17 Mat Pilates & Morning Workout 26 26 0 26 26 Tai Chi Chuan 4 22 -18 8 19 Reiki & Meditation 14 0 14 10 0 Leisure Floral Perfect 3 0 3 1 0 Fara's Food 8 0 8 2 0 June Luncheon 40 40 0 1 1 Open Game Play Bridge: Social 44 70 -26 4 5 MahJongg 69 55 14 4 6 Wellness Classes/Programs Total 240 228 12 60 74 WELLNESS CENTER TOTAL 5541 4450 1091 205 232 510 Community Resources Department Monthly Revenue Report for June 2016 Monthly Revenue - Facility Rentals 2016 2015 Variance Library $ - $ 1,050.00 $ (1,050.00) Museum $ 125.00 $ 625.00 $ (500.00) Wellness Center $ 4,220.00 $ 875.00 $ 3,345.00 Parks $ 665.00 $ 220.00 $ 445.00 Sports Fields $ 1,010.00 $ 2,935.00 $ (1,925.00) Monthly Facility Revenue $ 6,020.00 $ 5,705.00 $ 315.00 Monthlv Revenue Wellness Center's $ 987.55 $ 2,547.00 $ (1,559.45) Fitness Memberships/ Daily Passes & WC Keys $ 12,485.00 $ 9,655.00 $ 2,830.00 Community Services $ 23,914.30 $ 26,978.00 $ (3,063.70) Total Revenue $ 37,386.85 $ 39,180.00 $ (1,793.15) Revenue Year to Date Facility Revenue $ 54,894.75 $ 48,581.00 $ 6,313.75 Wellness Center $ 52,047.15 $ 31,710.00 $ 20,337.15 Fitness Memberships & Daily Passes $ 108,200.00 $ 71,945.00 $ 36,255.00 Community Services $ 120,522.80 $ 93,790.00 $ 26,732.80 Total Revenue to Date $ 335,664.70 246,026.00 $ 89,638.70 *Reduction in classes offered during this month than last year at this time. 511 512 L� -- GEM WIA, DESERT — - The Design and Development Department represents one of six City departments, and consists of six divisions: The Hub, Planning, Building, Public Works Development, Engineering Services, and Administration. I' I I : ; I I tj :3 The Hub serves as a one -stop shop for La Quinta patrons. It is the central location for obtaining permits for planning, building, engineering, garage sales, and special events. The Hub assists customers through the permitting process from initial questions and pre -application meetings through inspections and final certificate of occupancy. Below are some June 2016 metrics: Customer Satisfaction Survey In June, The Hub launched a survey to measure the satisfaction of its customers. The survey used a one to five star rating system, with "Five Stars" being excellent. The Hub received 25 surveys for the month of June, and the results were stellar. The Hub Customer Satisfaction Survey Results 97 96 95 94 Quality of Service 93 — 95.8 92 Wait Time 91 2 90 Percent of Customers Rating Service as "Five Stars" DESIGN AND DEVELOPMENT DEPARTMENT 513 Planning Activity 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. Year 2016 2015 June 4 8 Year To Date 39 60 Year 2016 2015 June 3 7 Year To Date 15 30 Building Activity 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 r ^1 currently applicable California Building Standards Codes. Year 2016 2015 June 194 247 June eTRAKiT 17 0 Year To Date 1,169 969 Year 2016 2015 June 193 250 June eTRAKiT 19 0 Year To Date 1,030 1,112 Inspections Year 2016 2015 June 828 937 Year To Date 4,481 4,896 r -1 DESIGN AND DEVELOPMENT DEPARTMENT 514 Public Works Development The Development Division provides engineering assistance with a variety of permits. During the month of June 2016, the following number of permits were issued: Rough. Year 2016 2015 June 0 0 Year To 2 Date 1 Year 2016 2015 June 0 0 Year To Date 1 3 Year 2016 2015 June 1 1 Year To Date 5 5 Year 2016 2015 June 5 5 Year To Date 36 34 Engineering Services Year 2016 2015 June 2 8 Year To Date 12 34 Year 2016 2015 June 0 2 Year To Date 1 4 The Engineering Services Division provides engineering design and construction oversight on a variety of infrastructure projects that help keep La Quinta safe and beautiful. Highlighted below are some activities for June 2016: ♦ Madison Street Median Landscape Conversion - 60,000 square feet of turf is being converted to the City's Desert Efficient Palette. The contractor is currently removing existing turf and placing the boulders. ♦ La Quinta Park Restroom -A pre -fabricated restroom will be installed next to the concession stand. The contractor is currently excavating and preparing the foundation. ♦ New Traffic Signal - A new signal was installed at Jefferson Street and Dunbar Drive as a joint venture with the City of Indio. ♦ Eisenhower Drive Pavement Stabilization Improvements - Work is underway that entails stabilization of the asphalt and subgrade on Eisenhower Drive, between Avenida Fernando and Coachella Drive. ♦ Park Playground Equipment - will be installed at Eisenhower, Saguaro and Velasco parks, with bids due July 21. ♦ 20 requests for service were recorded in City's GORequest system in June 2016, including: 0 Operational checks of crosswalks, warning beacons, and flashing stop signs 0 Repair of safety and street sign lighting 0 Installation of CycleGrip bike detection symbols DESIGN AND DEVELOPMENT DEPARTMENT 515 516 City of La Quinta CITY COUNCIL MEETING DEPARTMENT REPORT TO: Madam Mayor and Members of the City Council FROM: Steve Howlett, Facilities Director DATE: July 19, 2016 SUBJECT: FACILITIES DEPARTMENT REPORT - JUNE 2016 1. During June, the total for all maintenance expenditures recorded in GORequest for Public Works, Parks and Building maintenance was $106,789. Maintenance workers recorded nearly 1,783 task hours associated with this work. A detailed breakdown of tasks and associated costs is presented in the pie charts as Attachment 1; Attachment 2 and Attachment 3. 2. Residents continue to submit customer satisfaction surveys through the GORequest system. The department received eleven surveys in the month of June, with residents commenting on how staff handled reported issues. Employees were rated on their response time, effectiveness, and courtesy. A summary of responses is provided below and detailed surveys are provided as Attachment 4. 80 percent of respondents rated Response Times as "Superior" or "Good" 82 percent of respondents indicated their expectations were "Exceeded" or "Met" 73 percent of respondents rated Employee Effectiveness as "Superior" or "Good" 86 percent of respondents rated Employee Courtesy as "Superior" or "Met". Surveys also include positive feedback from residents such as: "Love the APP. Have used a number of times and City is always prompt in responding". "Venetian blinds were removed in one day thanks". Attachments: 1. Public Works Maintenance Expenditures by Task for June 2. Park Maintenance Expenditures by Task for June. 3. Building Maintenance Expenditures by Task for June. 4. Customer Satisfaction Survey Details for June. 517 518 ATTACHMENT 1 Public Works Maintenance Expenditures by Task for June 2016 Total Maintenance Expenditures: $80,058 ■ Debris/Litter Removal/ ■ Fred Wolff Sidewalk/Bike Path Right of Way Maint $5,707.39 $74.09, Vehicle/Equipment Maint/Services $1,724 9 Vandalism Repairs $1,158.24-----_ Street Sweeping $12,797.62 Seminars/Traini Storm Drain RepaT & Maint $516.38 ■ Sidewalk Repair/Concrete C&G $5,973.18 ■ Rondo Channel Outlet/Vault Maint $416.96 Pothole or Street Repair $3,838.52 Other Concrete Repairs/Const $3,487.50 $842.74 ■ Graffiti Removal (Right -of -Way) $3,266.88 ■ Gutter/Median Sand Removal $880.70 $4,803.26 Irrigation/ Weeds/Shrub/Tree Trimmina t1n_338 68 ■ Debris/Litter Removal/Right of Way Maint ■ Fred Wolff Sidewalk/Bike Path Cleaning ■ Graffiti Removal (Right -of -Way) ■ Gutter/Median Sand Removal ■ Inspection ■ Irrigation/ Weeds/Shrub/Tree Trimming ■ Landscape/Irrigation Contract Management ■ Lighting - Medians & Public Right -of -Way Maint Yard /Building Maint ■ Meeting Office (Phone, paper work, reports, Misc) Other Concrete Repairs/Const Pothole or Street Repair Rondo Channel Outlet/Vault Maint Seminars/Training Landscape/Irrigation Contract Management $2,224.Wewalk Repair/Concrete C&G Storm Drain Repair and Maint ■ Lighting - Medians & Public Right -of -Way $1,347.23 Street Sign Repair/Maint Street Sweeping Vandalism Repairs Vehicle/Equipment Maint/Services 519 520 ATTCHMENT 2 Parks Maintenance Expenditures by Task for June 2016 i Parks/Shelter Repair $206.04 ■ Parks/Seminars/Training $206.04 1 ■ Parks/Meeting $551.25 Parks/Playgroun ■ Parks/Athletic Fields $206.04 Parks/Sign Maintenance ■ Parks/Debris/Litter Removal $68.68 $137.36 Parks/Walkways $684.99 ■Parks/Fencing/Wall Repairs ■ parks/Athletic Fields 1 I $274.72 Parks/Irrigation/TreeTrimming $1,926.80 ■ Parks/Lighting Electrical $274.72 ■ Parks/Debris/Litter Removal ■ Parks/Grafitti $1,213.50 ■ Parks/Fencing/Wall Repairs ■ Parks/Grafitti ■ Parks/ Maint ■ Parks/Irrigation/TreeTrimming ■ Parks/Lighting Electrical ■ Parks/Meeting Parks/ Maint $6,958.65 Total Maintenance Expenditures: $16,585 Parks/Playground Equip ■ Parks/Seminars/Training Parks/Shelter Repair Parks/Sign Maintenance Parks/Trail Maintenance Parks/Walkways Parks/ Waterfeatures 521 522 sh. 4 F _ 3fi •'� 524 City Hall Courtyard Planter Bed Improvements i Before 526 ATTACHMENT 3 Building Maintenance by Task for June 2016 FireStation/Electrical $550.42^ IFireStation/ HVAC $473.46 FireStation/Mist/General ■ Security/Fobs/Alarms $116.46 Repairs $117.20 ■ Preventative Maint Tasks FireStation/Personel Request ■ Facilities Maintenance 35 $232.20 $124.■ Carpentry & Hardware Facilities ■ Carpentry & Hardware ■ Plumbing $373.70 Maintenance $569.93 Electrical 1 $1,632.12 ■ HVAC ■ Meetings Personnel Requests $1,058 Electrical $1,167.41 ■ Misc/General Repairs ■ Paint ■ Personnel Requests Plumbing Meetings ■ Preventative Maint Tasks ■ Paint $347.93 J $479.05• HVAC $2,535.32 Security/Fobs/Alarms FireStation/Electrical ■ Misc/General Repairs $368.19 FireStation/ HVAC FireStation/Misc/General Repairs FireStation/Personel Request Total Maintenance Expenditures by Task: $10,146 527 528 )re Wellness Center Patio Art in Public Places "Enchanted Oasis" by Artist Mart Stephens And Awning Installation Before 530 City 'Hall Ice -Maker Relocation L&,,, Water Station Phase 1 532 ATTACHMENT 4 Customer Satisfaction Survey Details 06/01/2016 to 06/30/2016 Request: 20359 Survey Entered: 06-07-2016 Request Entered: 05/21/2016 Closed: 05/31/2016 Days Open: 10 Topic: Parks/Misc Customer: Rachel Rowland Employee: Robert Ambriz Jr. Description: I understand there are water restrictions, but can I suggest adding or changing the operating hours of the splash pad during the summer? It is more than hot enough in the morning to play in the splash pad but it doesn't turn on until 11 or noon, which is the worst time of the day be in the sun. And it's pretty much unbearable for parents who are there just to watch their kids enjoy it. Last year I had a new baby and the only time I could bring my toddler out to play was the morning, otherwise it was much too hot for a newborn. Is it possible for the water to be turned on by 8am? Hours of operation 8-11 and 2p-6p instead of 12-6? Reason Closed: Water feature at La Quinta Park will now be available from 10am - 7pm everyday throughout the summer. Due to water restrictions, 8am would be too early. Operation times cannot be split; system timer does not work that way. Employee Effectiveness: Good Response Times: Good Employee Courtesy: Good Expectations Met: Met Request: 20455 Survey Entered: 06-08-2016 Request Entered: 05/25/2016 Closed: 06/01/2016 Days Open: 7 Topic: Irrigation/ Weeds/Shrub/Tree Trimming - 1040 Employee: Robert Ambriz Jr. Customer: Christian DeMarco Description: Photo submitted Reason Closed: Work done. Employee Effectiveness: Superior Response Times: Superior Employee Courtesy: Superior Expectations Met: Exceeded Request: 20561 Survey Entered: 06-08-2016 Request Entered: 05/28/2016 Closed: 06/01/2016 Days Open: 4 Topic: Parks/IrrigationWeeds/Tree Trimming Employee: Robert Ambriz Jr. Customer: Bruce Latta Description: 2 broken sprinklers at Soccer Park in planter along Blackhawk Way. Reason Closed: Work done. Employee Effectiveness: Superior Response Times: Superior Employee Courtesy: Superior Expectations Met: Exceeded Comments: Love the App. Have used number of times and city is always prompt responding. 533 Request: 20565 Survey Entered: 06-08-2016 Request Entered: 05/30/2016 Closed: 06/01/2016 Days Open: 2 Topic: Irrigation/ Weeds/Shrub/Tree Trimming - 1040 Employee: Robert Ambriz Jr. Customer: Margaret Hoesterey Description: Tree down over sidewalk Reason Closed: Work done. Employee Effectiveness: Average Response Times: Good Employee Courtesy: N/A Expectations Met: Below Comments: Most of tree was removed. Large stump left so tree was not completely removed properly. I have read landscaping contract. Landscape company should regularly maintain property to remove debris/fix broken sprinklers etc. I should not have to submit issues if they properly maintain the area. They should have removed tree and we should not have to use city funds to do so. Request: 20606 Survey Entered: 06-09-2016 Request Entered: 06/01/2016 Closed: 06/02/2016 Days Open: 1 Topic: Irrigation/ Weeds/Shrub/Tree Trimming - 1040 Employee: Robert Ambriz Jr. Customer: Margaret Hoesterey Description: Can't walk on sidewalk b/c of oleander overgrowth. Reason Closed: Work done. Trimmed the entrance of Blazing Star entrance at Cactus Flower. Employee Effectiveness: Good Response Times: Good Employee Courtesy: N/A Expectations Met: Met Comments: Why is the landscaping company not taking care of this? Why are we using city time & dollars for something we have a paid contract to properly maintain? The landscape company is supposed to remove dead plants, debris, & maintain the sprinklers. Request: 20823 Survey Entered: 06-29-2016 Request Entered: 06/09/2016 Closed: 06/14/2016 Days Open: 5 Topic: Irrigation/ Weeds/Shrub/Tree Trimming - 1040 Employee: Robert Ambriz Jr. Customer: Margaret Hoesterey Description: We used to have the most beautiful bougainvillea bushes on dune palms at miles ave. Imagine my surprise to turn the corner and find these stubs. This is not landscaping. When my sister visited she took pictures of how beautiful this area looked. There are plenty of dead & overgrown plants to maintain. Why would the city hack these back line this? Reason Closed: This is a private property City of La Quinta does not do the maintenance for this area thanks. Raphael Alvarado Employee Effectiveness: Average Response Times: Average Employee Courtesy: Average Expectations Met: Below Comments: the city may not directly take care of this landscaping issue, but you do indirectly as you are supposed to supervise and maintain the contracts of those who do the work. 534 Request: 20859 Survey Entered: 06-27-2016 Request Entered: 06/10/2016 Closed: 06/20/2016 Days Open: 10 Topic: Parks/Trail Maintenance Customer: Jo Ann Bunton Trash can located on Avenida Bermudas (this street) Between 54295 Avenida Mendoza & END OF THE TRAIL House only opposite side of Employee: Robert Ambriz Jr. Description: street; in warmer weather the trash needs to be dumped due to disease & odor Thank you Reason Closed: Replaced new trash can on the greenbelt. Employee Effectiveness: Superior Response Times: Superior Employee Courtesy: Superior Expectations Met: Met Comments: It think the trash can should have a closed lid I mentioned this in previous years. A closed lid Similar to a bear trash bin. This would keep the flies out & not allow them to access the garbage This seems like a simple solution, since the emptying of trash bin is not a a weekly pickup Request: 20861 Survey Entered: 06-15-2016 Request Entered: 06/13/2016 Closed: 06/15/2016 Days Open: 2 Topic: Street Sweeping (Hand) - 1026 Employee: James Lindsey Customer: Mark Johnson Description: Window Venetian plastic blind slats all over road. Safety tire puncture issue. Need crew with truck. Reason Closed: completed Employee Effectiveness: Superior Response Times: Superior Employee Courtesy: Superior Expectations Met: Exceeded Comments: Venetian blinds were removed in one day. Thanks. Request: 20891 Survey Entered: 06-15-2016 Request Entered: 06/13/2016 Closed: 06/15/2016 Days Open: 2 Topic: Pothole or Street Repair - 1001 Employee: James Lindsey Customer: Marc Berger Description: Big pot hole been there for a month. Please fix. Repaire pot hole with asphalt Also did pot hole repaire at Montachelo Reason Closed: Work done Employee Effectiveness: Superior Response Times: Superior Employee Courtesy: Superior Expectations Met: Exceeded 535 Request: 20932 Survey Entered: 06-29-2016 Request Entered: 06/15/2016 Closed: 06/22/2016 Days Open: 7 Topic: Irrigation/ Weeds/Shrub/Tree Trimming - 1040 Employee: Robert Ambriz Jr. Customer: Sonia Milian Description: Overgrown landscape along median island on Avenue 52; the turn lane faces east, just outside the exit gate of The Hideaway on Ave. 52. Refer to photo attached. Thank you, Sonia Millan Assistant Manager The Hideaway HOA Reason Closed: Work done. Trimmed plants. Employee Effectiveness: Superior Response Times: Superior Employee Courtesy: Superior Expectations Met: Exceeded Comments: Thank you so much for handling our request so efficiently! Request: 21021 Survey Entered: 06-27-2016 Request Entered: 06/19/2016 Closed: 06/20/2016 Days Open: 1 Topic: Irrigation/ Weeds/Shrub/Tree Trimming - 1040 Customer: Deb This huge dead tree branch has been in the yard for at least a month. Removed death tree branch Employee: James Lindsey Description: Reason Closed: Employee Effectiveness: Superior Response Times: No answer Employee Courtesy: No answer Expectations Met: Exceeded 536 QUARTERLY REPORT April - June 2016 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. 537 Quarterly Report for April, May, June 2016 Honorable Mayor City Council - Citizens of La Quinta r I am pleased to be writing this report for Lt. Walton, while he is taking some deserved time off and hopefully getting a break from the summer heat. In my time covering your great city, I am impressed with the professionalism of the city staff, the commitment of the citizen volunteers and the friendliness of the residents. We are committed to our role as peace keepers, to help maintain the excellent quality of life so many people enjoy in La Quinta. In the city, traffic issues and property crimes continue to be the primary source of activity for your police department. The officers on patrol continue to provide high visibility patrols to deter crime. When crime does occur, the Special Enforcement Team follows up with thorough investigations. In this quarter, the SET Team made a significant arrest of a woman involved in credit card fraud and identity theft in La Quinta. The La Quinta Traffic program added an Accident Investigation car to the team to provide traffic enforcement and collision investigation. On June 16, the city adopted a new ordinance to provide the police department with added enforcement tools to keep the parks safe and comfortable for all those who enjoy their use. The park ordinance allows the police depart- ment to issue citations to habitual offenders within the park for quality of life issues such as vandalism, fighting and drug use. Penalties for habitual violators are incremental and can result in a ban from the park for up to one year if the offenses continue. This ordinance has been met with optimism for the citizens who enjoy regular use of the park facilities and wish to do so in a safe, comfortable environment. The ordinance has been in effect for less than one month, but we are pleased that regular enforcement methods have been effective thus far and we have not yet had to enforce this new ordinance to cite or ban habitual offenders. We are tracking contacts and the types of illegal ac- tivities reported so we can have information in "real-time", therefore allowing us to take immediate action on habitual offenders. This information will also allow us to see the effectiveness of the ordinance when comparing the number of expulsions to the number of contacts made for illegal activity. The volunteer program is thriving. Volunteers man the desk at the La Quinta substation, process files at the Ther- mal Station and the Citizen's Patrol group provide an extra set of eyes and ears to the police department. These residents and citizens provide valuable support to your police department and work in concert with us for the better- ment of the city. I would encourage anyone looking for purpose, to consider volunteering. Respectfully, Lieutenant Pete Ortiz 538 Average Response 3.75 6.87 6.57 4.78 4.35 4.19 7.03 4.88 5.46 6.61 Priority 1 Calls for Service 17 19 18 14 21 17 26 18 16 16 Average Response 12.67 13.06 14.62 11.68 14.44 12.98 17.27 4.19 11.71 15.08 Priority 2 1 Calls for Service 506 506 565 572 587 586 596 585 510 570 Average Response 18.79 18.5 20.77 17.42 22.13 17.18 22.51 18.89 19.52 18.92 Priority 3 Calls for Service 507 474 612 552 51 550 552 510 509 508 Average Response 25.87 29.26 29.58 4.78 4.35 4.19 7.03 4.88 5.46 6.61 Priority 4 Calls for Service 288 258 294 295 369 313 259 245 244 251 Pri. 1-4 Total Average Response 17.80 18.34 20.01 16.33 20.13 16.58 20.69 18.33 16.02 18.27 Pri. 1-4 Total Calls for Service 1,318 1,257 1,489 1,433 1,558 1,466 1,433 1,358 1,279 1,345 5.63 5.16 5.92 241 210 99 13.16 13.15 13.25 6,362 6,576 3,361 18.97 19.44 18.53 6,105 6,404 3,120 5.63 5.16 5.92 3,160 3,218 1,601 17.43 17.66 17.57 15,868 16,408 8,181 *YTD total Average 539 AGGRAVATED ASSAULTS 6 7- BURGLARY 26 13 BURGLARY -VEHICLE 5 21 DOMESTIC VIOLENCE 15 14 HOMICIDE 0 0 NARCOTICS VIOLATIONS 22 25 ROBBERY 1 1 ROBBERY CAR -JACKING 0 1 SEX CRIME FELONY 4 4 SEX CRIME MISD 2 0 SIMPLE ASSAULTS 8 13 THEFT 70 58 VEHICLE THEFT 4 9 2015 AGGRAVATED ASSAULTS 1 4 14 5 BURGLARY 12 BURGLARY -VEHICLE 13 DOMESTIC VIOLENCE 5 13 HOMICIDE 0 0 NARCOTICS VIOLATIONS 20 12 ROBBERY 4 2 ROBBERY CAR -JACKING 0 0 SEX CRIME FELONY 2 3 SEX CRIME MISD 0 0 SIMPLE ASSAULTS 0 4 THEFT VEHICLE THEFT 57 52 8 2 CRIME- MAY AGGRAVATED ASSAULTS 2016 9 2015 8 BURGLARY 19 18 BURGLARY -VEHICLE 9 12 DOMESTIC VIOLENCE 8 16 HOMICIDE 0 0 NARCOTICS VIOLATIONS 18 14 ROBBERY 3 1 ROBBERY CAR -JACKING 0 0 SEX CRIME FELONY 2 3 SEX CRIME MISD 0 0 SIMPLE ASSAULTS 5 4 THEFT 58 90 VEHICLE THEFT 6 3 AGGRAVATED ASSAULTS 10 BURGLARY 57 8 45 BURGLARY -VEHICLE 27 38 DOMESTIC VIOLENCE 28 43 HOMICIDE 0 0 NARCOTICS VIOLATIONS 60 51 ROBBERY 8 3 ROBBERY CAR -JACKING 0 1 SEX CRIME FELONY 8 10 SEX CRIME MISD 2 0 SIMPLE ASSAULTS 13 20 THEFT 185 207 VEHICLE THEFT 18 14 540 Quarterly Statistics for April -June .- of Activity Vehicle Stops Number. - 40 Pedestrian Checks 45 Citations 8 Search Warrants 7 Probation /Parole Search 40 Arrest - Felony 12 Arrest - Misdemeanor 8 Property Value Recovered $3800.00 541 Significant Activity for April, May & June 2016 In April, while LQ BDU / SET were conducting surveillance at various business complexes (related to the rash of window smash burglaries), officers conducted a traffic stop on a suspicious vehicle. The driver was found to have a Parolee at Large warrant, and was arrested. In April, LQ SET / BDU served a search warrant in the city of Indio, related to a robbery and assault with a firearm, reported back in February. Later the same day, LQ SET / BDU served a warrant at the second suspect's home in Bermuda Dunes. The juvenile suspect was arrested for being in possession of narcotics for sale, and was booked at Juvenile Hall. In April, LQ SET arrested the suspect believed to be the shooter, regarding the above robbery investigation, at his residence in Indio. Pascascio was identified by the victims as the shooter. Pascascio was booked at the Indio Jail. In April, LQ BDU / SET was conducting an overnight surveillance in the business district, and officers saw a suspicious subject in the 79700 block of Hwy. 111. The suspect fled on his bike, then went into Walmart. The original business was found to have been pried and burglarized. A second male unrelated to the burglary was contacted in front of Walmart and arrested for a domestic battery warrant. The burglary suspect was found and detained. He was found in possession of narcotics, cash taken from the burglarized business, and burglary tools. This suspect was connected to a series of window smash and door pry burglaries in Palm Desert, Rancho Mirage, Bermuda Dunes, and Indio. In April, LQ SET served a search warrant in the city of Coachella, related to a residential burglary in La Quinta. The suspect was arrested for burglary and possession of dangerous weapon warrants. During his interview at the station, the suspect admitted to the LQ burglary. He was booked at the Indio Jail. In April, LQ SET saw a suspicious male jump the wall into the Monticello housing development at Jefferson St. south of Miles Ave. Officers located the subject hiding in the backyard of a residence in the 79900 block of Dandelion Dr. The suspect was found possession of a small amount of methamphetamine, arrested and booked at the Indio Jail. In May, LQ SET and CVNTF served a narcotics related search warrant in the 45900 block of Birchcrest Circle, La Quinta. The warrant stemmed from an investigation LQ SET conducted regarding the theft of electricity at the resi- dence in conjunction with a marijuana cultivation investigation being conducted by CVNTF. 542 Quarterly Statistics for April -June .- of Activity Programs Number of Incidents 5 Vehicle Stops/Pedestrian Checks 50/40 Investigative Follow-up 55 Citations 3 Search Warrants 1 Business Checks/Meetings 150 Arrest Warrant Served 13 Arrest - Felony 13 Arrest - Misdemeanor 7 Property Value Recovered $1200.00 543 Significant Activity for April, May & June 2016 Between the months of April and June, La Quinta BDU assisted the La Quinta Special Enforcement Team and the Thermal Station Investigations Bureau on several search warrants related to the city of La Quinta investigations. Between the months of April and June, La Quinta BDU, in collaboration with California Alcohol Beverage Control, conducted Impact Inspections and Minor Decoy Operations. Under the Impact Inspection program, uniformed deputies, along with ABC Agents, enter liquor stores throughout the valley and inspect them for any ABC violations. During Minor Decoy Operations, uniformed and plain -clothes deputies utilize minor volunteers who attempt to purchase alcohol and expose ABC violators. Between the months of April and June, La Quinta BDU, in collaboration with Thermal Station Investigations, conducted 290 PC registrant compliance checks throughout the City of La Quinta. Between the months of April and June, La Quinta BDU, in collaboration with Thermal Station Investigations, conducted pawn shop / second hand dealer compliance checks throughout the City of La Quinta. Between the months of April and June, La Quinta BDU conducted several commercial theft investigations. During the investigations, suspects where identified, interviewed, and booked at the Indio Jail. Property recovered was returned to the respective merchant and all parties desired prosecution. During the month of April, BDU members conducted an undercover surveillance program in the Highway 111 Business District due to a recent window smash commercial burglary spree. On April 12, 2016, while conducting undercover surveillance, BDU members observed a commercial burglary in progress. The suspect was immediately pursued and arrested. The suspect was arrested for numerous counts of commercial burglary which had occurred over the past month in the City of La Quinta, as well as drug sales and other charges. BDU members coordinated with Palm Desert Station Investigations, who were also investigating a window smash commercial burglary spree in their jurisdiction. The suspect was additionally charged with numerous counts of commercial burglary which had occurred in Palm Desert. During the month of May, BDU members conducted a warrant sweep in the City of La Quinta. The focus of the program was to identify those subjects who have been arrested for theft related incidents in La Quinta. During the month of June, BDU, with the assistance of the La Quinta Special Enforcement Team, served a property related search warrant in La Quinta. The suspect in the investigation was identified as being responsible for numerous thefts he had been committing at several retail establishments. During the search warrant, evidence was identified which corroborated his illegal activity. 544 Type of Activity Total Collisions Number of Incidents 34 DUI Collisions 1 DUI Arrests 13 Seatbelt Citations 44 Total Hazard Citations 733 Total Injury Collisions 34 DUI Collisions with Injury 1 Citations Issued 963 Excessive Speed Citations 446 Total Non -Hazard Citations 230 In April, the Traffic Services Team conducted traffic safety programs during the Coachella Fest and Stagecoach Music Festivals. These programs included DUI patrols, high visibility traffic patrols and response to areas of congestion due to the influx of people to the La Quinta area. Also in April, the Traffic Services Team hosted a Bicycle Rodeo at the City of La Quinta's 34th Birthday Bash. This event provided an opportunity for interaction with local youth and bicyclists of all ages. Bicycles were given a safety inspection, on request, to ensure equipment was functional and safe for riding. Safety helmets were also provided to those in need of one. In May, the John F. Kennedy Memorial Hospital hosted Dr. Carreon Jr. Academy for a Disaster Drill and Career Day. This event provided students with the opportunity to see all of the work and multi -agency cooperation it takes to handle a mass casualty incident. After participating in a mock incident, students were able to interact with representatives �9 of multiple agencies including the La Quinta Traffic Services Team. Students were - able to ask questions about career opportunities and have a positive interaction with local law enforcement agencies. ~Af r AA As always, the Traffic Services Team would like to encourage all citizens to remain � NI-455 vigilant and to contact the La Quinta Police Department regarding any driver they observe who might be under the influence or any other situation they feel would make the roadways unsafe. The Traffic Services Team will also remain vigilant to keep citizens safe through the hot summer months. 545 ion Specialist bcype of Activi Child Seat Safety Inspections #of Incidents 1 Neighborhood Watch Meetings 1 Crime Free Multi -Housing 0 Community Events 1 Business Meetings 1 CPTED Reviews 2 In April CSO Munoz conducted a Bike Safety presentation for DSUSD preschoolers. In April CSO Munoz conducted a Safety presentation at Trilogy. In April CSO Munoz participated at the City Picnic and Birthday Bash. In April CSO Munoz participated in Coffee with a Cop. In May, CSO Munoz conducted a Safety Presentation at Hadley's Villas In May, CSO Munoz attended a Neighborhood Watch meeting. In June, CSO Munoz participated at Coffee with a Cop. In June CSO Munoz worked at the La Quinta High School Graduation. 546 In April, CSO Herrera prepared the quarterly police report which includes calls for service, average response time and year to date crime comparison. In April, CSO Herrera provided quarterly training for the Citizens on Patrol members. In April, CSO Herrera coordinated Coffee with a Cop at Old Town Coffee. In April, CSO Herrera conducted a Safety booth at the City of La Quinta's 34th Birthday Bash event. In May, CSO Herrera prepared the Gem article on Vehicle Burglary Prevention. In May, CSO Herrera attended coordinated training for COP members at Desert Dispatch. In May, CSO Herrera participated in a Safety Presentation at Hadley Villas on (Senior Safety). In May, CSO Herrera attended Crisis Intervention training to learn how to help and provide resources for people who have mental health needs. In June, CSO Herrera coordinated Coffee with a Cop at Old Town Coffee. In June, CSO Herrera recruited two new Citizen on Patrol volunteers - Dave Benner & Charles Hallsted. In June, CSO Herrera prepared the Gem article in regards to Drowning. In June, CSO Herrera attended a Neighborhood Watch meeting. 547 ItUrce Officer Type of Activity Reports Number1 Incidents 11 Arrest 2 D.A. Filings 2 Citations 1 Calls for Service 32 Pedestrian Check/Area Check/ Traffic Stop 4 Public Assists 2 Follow-up 5 Assist Other Agencies 1 5150 Evaluations 2 La Quinta High School In April, SRO Contreras went to La Quinta Middle School regarding a student who cut herself on campus and had thoughts of suicide. The student was transported to Telecare Mental Health and placed on a 5150 evaluation hold. In May, SRO Contreras went to La Quinta Middle School regarding a student who had superficial cuts to her arms and legs and had thoughts of suicide. The student was transported to Telecare Mental Health and placed on a 5150 evaluation hold. In May, SRO Contreras provided security at the La Quinta High School Prom where approximately 1000 people were in attendance. There were no issues at the prom. In June, SRO Contreras provided security at the La Quinta High School graduation where approximately 5000 people were in attendance. Two people required medical attention due to the heat and paramedics were called. There were no other issues at the graduation. In June, SRO Contreras investigated a report of a 15 year old student who punched a staff member at La Quinta High School. It was determined the student was mentally disabled and had the mental capacity of a 6 year old. The staff member declined prosecution. In June, SRO Contreras witnessed a traffic collision between a student and a vehicle. The student was waiting for his parent at the La Quinta Park across from La Quinta High School when he saw his parent stop and wait for him on the La Quinta High School side of Blackhawk Way. The student crossed the street with heavy traffic without looking and was struck by a vehicle traveling eastbound on Blackhawk Way. The student sustained a cut to his left eyebrow and was transported to Desert Regional Medical Center. The driver of the vehicle cooperated and speed was not a factor in the case. 548 kurce Officer Reports Incidents 9 Arrest 3 D.A. Filings 3 Citations 0 Calls for Service 37 Pedestrian Check/Area Check/ Traffic Stop 0 Public Assists 1 Follow-up 13 Assist Other Agencies 8 5150 Evaluations 4 Summit High School & Colonel Mitchell Paige Middle School In April, Officer Hernandez did four 5150 evaluations and took the four subjects to a mental health facility for a 72 hour evaluation. In May, Officer Hernandez arrested and booked a 17 year old student from Summit High School for possession of a switchblade and marijuana. In May, Officer Hernandez coordinated the 2016 graduations for Summit and Horizon High Schools. In May, Hernandez took part in a truancy sweep in the DSUSD areas. In June, Officer Hernandez along with the other SRO's planned and coordinated the 2016 LQPD Cadet Academy. 549 ItUrce Officer Type of Activity Reports Number1 Incidents 3 Arrest 5 D.A. Filings 1 Citations 4 Calls for Service 24 Pedestrian Check/Area Check/ Traffic Stop 3 Public Assists 7 Follow-up 2 Assist Other Agencies 0 5150 Evaluations 1 La Quinta Middle School, Harry Truman, Ben Franklin & John Adams Elementary In April, SRO Klicka Investigated an incident of lost property at La Quinta Middle School. In April, SRO Klicka issued citations for noise ordinance violations in the City of La Quinta during the Coachella Fest weekends. In April, SRO Klicka was contacted by the Counselor at Harry S. Truman Elementary in regards to a student who wanted to kill herself. SRO Klicka Transported the student to the Riverside County Mental Health Facility. In May, SRO Klicka issued citations for Truancy at La Quinta Middle School. In June, SRO Klicka, along with SRO Contreras and SRO Hernandez, instructed the 11th Annual La Quinta Police Cadet Academy. The Cadet Academy Consisted of 40 Cadets ranging in age from 12 to 15 years old and instructed them in the various facets of public service to include the Sheriff's Department, K9, SWAT and Hazardous Device Team (Bomb Squad), Riverside County Probation Department, Border Patrol, Search and Rescue, Aviation, Forensics and the Marine Corps. 550 Community Service Officers - Patrol ,e of Activity Burglary Reports NumberIncidents 16 Grand/Petty Theft Reports 11 Vandalism/ Malicious Mischief Reports 11 Traffic Collision Response/Reports 46 Vehicle Code or Parking Citations 87 Abandoned Vehicle Tagged/Warning 7 Towed Vehicles 10 Lost or Found Property Reports 7 Custodial/Non-custodial Transports 128 Miscellaneous Calls 257 551 / -- not" %11t_4qt Ash,, 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. They also assisted 91 walk-ins during the quarter. Type of Activity Crime Free Multi -Housing # of Incidents 269 Business Checks 647 Community Events 8 Neighborhood Patrol 308 Traffic Collision Response 16 Extra Patrol 111 Total Patrol Hours 1482 Office Volunteer Hours 818 CPO Monthly Visits 91 1 14 552 Gem of the Desert Captain, Roy Grace 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 760 863-8803 Crime Prevention Unit 760 863-8990 553 554 LA QUINTA FIRE DEPARTMENT 20162 ND QUARTER REPORT LA QUINTA CITY FIRE DEPARTMENT 555 INSIDETHISISSUE Personnel Assignments 2. Response Reports 3. Truck Report 4. Significant Events 5. Training and Community Activity 6. Explorer Post LA QUINTA CITY FIRE DEPARTMENT 556 ADMINISTRATION 44-555 ADAMS STREET LA QUINTA, CA 92253 (760) 345-6932 1. Battalion Chief — David LaClair STATION 93 (NORTH LA QUINTA) 44-555 ADAMS STREET LA QUINTA, CA 92253 (760) 564-4351 Engine Company 93 1. Fire Captain — Kevin Molloy 2. Fire Apparatus Engineer /Paramedic — Nicholas Groff 3. Fire Apparatus Engineer — Dustin Reed 4. Firefighter II/Paramedic — Mark Birchard 5. Firefighter II/Paramedic — Brian Steiger 6. Firefighter II — Noe Lerma 7. 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. Firefighter II/Paramedic — John Barton 4. Firefighter II/Paramedic — Albert Causey 5. Firefighter II/Paramedic — Michaee Bowman 6. Firefighter II — Seth Shively 7. Firefighter II — Sean Tauscher LA QUINTA CITY FIRE DEPARTMENT 557 STATION 70 (PGA WEST) 54001 MADISON STREET LA QUINTA, CA 92253 (760) 564-2122 Engine Company 70 1. Fire Captain — Vacant 2. Fire Apparatus Engineer — Lawrence Johnson 3. Fire Apparatus Engineer/Paramedic — Tim Day 4. Firefighter II/Paramedic — Brandon Avner 5. Firefighter II/Paramedic — Corbin Reinhart 6. Firefighter II — Frank Nguyen 7. Firefighter II — Steven Stock 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 LA QUINTA CITY FIRE DEPARTMENT 558 Response Activity Incidents Reported for Date between 4/1/2016 and 6/27/2016 and La Quinta City ■ romm 2 02% FaU ALUM ea 0.1% Hamm 2 ai% ■ Waca 737 7a.6% . CVW Fn 6 0.6% Pwit rRMOe AaW 91 92% Res Flre 5 0.5% ■ S:a,my 10 1.0% 0 Trxit C01161W 49 S.IY% . VeNO2 F" 5 05% ■ 1009-1 Ft. 1 0_T% Toot 9921004% Com Fire 2 False Alarm 80 Haz Mat 2 Medical 737 Other Fire 6 Public Service Assist 91 Res Fire 5 Standby 10 Traffic Collision 49 Vehicle Fire 5 Wildland Fire 1 Incident Total: 988 Average Enroute to Onscene Tinte+ Lnroute Time = When a unit has been acknowledged as responding. Onscene Tlme = When a unit has been acknowledge as being on seem_ For any other statistic outride Enroule to Onscene otease contact the IT Help Desk at 951-940-69aO <5 Minutes +5 Minutes +10 Minutes +20 Minutes Average °1u 0 to 5 imin 685 179 18 4 4.2 77.2% The following incidents are included in tte total number of records but not in the average time HZM, HZMMC, OAC, OAF, OAM, OAMAD, OAMAi, OAMTE, OAMVA, OAP, OAR., OAV, OUT, OOU, DEB, LEO, LEI, BRNPVr, OES, PAA, PAD, RAF, PAO, PAP. HFS, HFSAM, HFSCA, HS8T, HSBTC, HSBTS, HSBTV, HSE, HSG _3;t _i_d3.: f,'_T _21? 3: Page 2 of 6 'Incidents are shown based on the primary response area for the incident location. This does not represent total response times for all units only tie first unit in. N Z v A a JX i M X X ,,M V1 Ma O //z Vl M X M 'v O X 559 Incidents by Battalion, Station and Jurisdiction C " M Fire False A.arm HazMat Medical Other Fire Public Service Res Fire Standby irahFA C..tlisk. Vchice Fire Wrldlar d Fire Station 32 Ch*kq*- Doug&- station 70 La Quill South Station 93 La Ii11k a tlOflh Station 88 Indio 0 3 La Ouinta $WOW" TOW La Quints Station Tsui t o Cumta Station Total La Oarnta Station Total 1 1 296 2 34 3 - 7 C 1 23 1 296 2 34 3 6 17 1 0 0 18 0 111 1 23 a 1 5 2 0 1 30 1 26 _ 3 31 2 3 15• 1 1 1 30 1 269 3 31 2 3 15 1 1 t 0 9 0 61 0 3 0 0 12 1 0 0 9 0 61 0 3 0 0 12 1 :1 1 0 Est Updated 8^27+"?Yll r3 3: •Incidents are shown based on tPe primary response area for the incident oration. This does not represent total response times for a4 units only She first unit in 560 iNLiunkii—L)ATE >='2016-4-4' and INCIDENT —DATE <='2016-6-27' and CITYNAME = 'La Quinta' I low PS Palms A, 0 dl v 0 U 8 b I P(jpnri 0 gm— J Othe-klsc 0 Hazhlat FUNIM-501VIOGASS1113 M A*L Fire Stxio� U casirim Ri—,,, d. C —. ty F.- S 31 S Last Jpdawd dW= 18 3, Page 6 of 6 "Incidents are shown based on the primary response area for the incKfent location This does not represent total response limes for all units only ft first unfit in. 561 TRUCK REPORT Truck 86 recorded 22 responses into the City of La Quinta during the second quarter. SIGNIFICANT EVENTS The City of La Quinta has a new Division Chief to replace Jeff Stowells, Chief Jorge Rodriguez. Jorge has been with the fire department for over 28 years and has just promoted from his last assignment as the City of Menifee Fire Chief. Station 70 located at 54001 Madison Street is La Quinta's oldest station and is undergoing construction to replace a nonfunctioning security parking lot gate. During the Coachella festival, concert goers were parking in the employee parking area and leaving large amounts of trash behind, also making it difficult for firefighters to respond with engine 70 to emergency calls. Station 70 is also receiving a new air conditioner to replace an old, nonfunctioning unit. The air conditioner expired in the beginning of June and has made the office and public area very uncomfortable. LA QUINTA CITY FIRE DEPARTMENT 562 TRAINING & COMMUNITY ACTIVITIES The La Quinta firefighters participated in training for the quarter with CHP, covering rescues LA QUINTA CITY FIRE DEPARTMENT 563 09"Into F®re'FXplarer POOH 0 Quarterly Report April — June 2016 The past three months have been keeping the La Quinta Fire Explorers busy with training. We are currently going through Level 1 training, which consists of department rank and structure, firefighter safety, personal protective equipment and basic fire behavior. In April, our explorer post represented the city at the Annual Murrieta Fire Muster. Although we did not come home with a trophy, we were one of the top contending explorer teams. The Explorer Post competed in four different events; the bucket brigade, the two minute drill, the dummy drag and the make and brake. We would like to say good bye to one of our long time explore Lindsay and her parents Bruce and Deb Bolf. The Bolf family has been part of our explorer family for the past five years. Lindsay was one of our most active members and her parents were volunteer advisors. Both Bruce and Deb spent a lot of time at station 93 assisting with the program. They also chaperoned many events involving the explorer post. They will be missed. 2016 Murrieta Muster Debbie and Lindsay Bolf LA QUINTA CITY FIRE DEPARTMENT 564 7/19/2016 Distributed to the Council at the start of the Council meeting at the request of the City Planner. RECEIVED JUL 19 2.016 CITY OF LA QUINTA CnY CLERK DEPARTMENT From: Tom Brohard[mailto:tbrohard(a)earthlink.net] Sent: Tuesday, July 12, 2016 8:53 AM To: Larryo4968@aol.com; Matt and Gina MacConnell Cc: Tom and Mary Brohard; Jay Wuu; Gabriel Perez Subject: Tentative Tract Map 36817 - Proposed Subdivision Immediately South of Us - Public Hearing on July 19, 2016 Neighbors - Each of us should have received a Notice of Public Hearing before the City Council next Tuesday, July 19, at 5:00 PM. At that meeting, the City Council will consider the Planning Commission's recommendation to approve a tentative tract map dividing the vacant property behind us into 10 single family lots. There are many conditions of approval that will be considered by the City Council (about 100 conditions in all) including one added by the Planning Commission at their meeting last month that requires a future public hearing to review a detailed landscape plan which will include installation and continuing maintenance of a landscape buffer between the development access road and our south wall. After meeting with the developer and a number of other meetings and discussions with City staff members, the Board of Directors of the Estates at La Quinta has negotiated and the developer has accepted- an additional Condition of Approval that will be considered by the City Council next Tuesday. This condition limits each of the 10 homes to one story with a maximum height of 22. Recognizing that the development could have included 2 story homes 28' in height, we are pleased that the developer has agreed to the single story homes which will be no taller than 22'. This additional condition in combination with the landscape buffer will help to preserve our privacy. The Board understands that any development on land that has been vacant forever represents a significant change and we have previously raised a number of objections to the project. Acquisition of the now vacant property for many hundreds of thousands.of dollars to stop development is simply not feasible for us. The -owner has the right to develop the property and the Board of Directors believes we have reached a fair and equitable agreement that will minimize the potential impacts to the Estates at La Quinta. Please contact me, Larry, or Matt immediately if you have any objections, concerns or questions. If you do not respond to this email by the end of the day on July 13, the Board of Directors of the Estates at La Quinta will assume that each of your prior objections have been adequately addressed. Thanks. Tom