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2016 08 02 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, AUGUST 2, 2016 AT 4:00 P.M. CALL TO ORDER ROLL CALL: Councilmembers: Franklin, Osborne, Pena, Radi, Mayor Evans CONFIRMATION OF AGENDA CLOSED SESSION- NONE PLEDGE OF ALLEGIANCE PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "Request to Speak" form and limit -your comments to three minutes. The City Council values your comments; however in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by GC 54954.2(b). ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. PROCLAMATION FOR NATIONAL PREPAREDNESS MONTH - SEPTEMBER 2016 CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. PAGE 1. APPROVE MINUTES OF JULY 19, 2016 2. EXCUSE ABSENCE FOR PLANNING COMMISSIONER FITZPATRICK FROM THE AUGUST 9, 2016 PLANNING COMMISSION MEETING CITY COUNCIL AGENDA 1 AUGUST 2, 2016 3. AUTHORIZE OVERNIGHT TRAVEL FOR THE PERMIT OPERATIONS SUPERVISOR TO ATTEND TRAKIT SOFTWARE TRAINING, SEPTEMBER 19 - 20, 2016, IN CARLSBAD, CALIFORNIA 4. AUTHORIZE TRAVEL FOR THE DESIGN AND DEVELOPMENT DIRECTOR / CITY ENGINEER TO ATTEND THE FLOODPLAIN MANAGEMENT ASSOCIATION ANNUAL CONFERENCE ON SEPTEMBER 8, 2016, IN SACRAMENTO, CALIFORNIA 5. APPROVE DEMAND REGISTERS DATED JULY 11, JULY 15, AND JULY 22, 2016 6. ADOPT RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA CITY EMPLOYEES' ASSOCIATION [RESOLUTION NO. 2016-0321 7. ADOPT RESOLUTION TO APPROVE BENEFIT ADJUSTMENTS FOR MANAGEMENT, CONTRACT EMPLOYEES, AND CONFIDENTIAL EMPLOYEES [RESOLUTION NO. 2016-0331 8. ADOPT ORDINANCE NO. 542 AMENDING SECTION 3.25.060(B) OF THE - LA QUINTA MUNICIPAL CODE RELATING TO THE APPLICATION FEE FOR SHORT-TERM VACATION RENTAL PERMITS 9. ADOPT ORDINANCE NO. 543 APPROVING ZONING ORDINANCE AMENDMENT 2016-0003, 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 10. ADOPT ORDINANCE NO. 544 AMENDING TITLE 8, CHAPTER 13 OF THE LA QUINTA MUNICIPAL CODE UPDATING THE CITY'S WATER EFFICIENT LANDSCAPE ORDINANCE 11. APPROVE SETTLEMENT AGREEMENT AND MUTUAL RELEASE FOR SHAATH & OUDEH GROUP, INC. V. CITY OF LA QUINTA; GRANITE CONSTRUCTION COMPANY, ET AL., RIVERSIDE COUNTY SUPERIOR COURT CASE NO. PSC 1404174 12. APPROVE PURCHASE OF EQUIPMENT FROM ECONOLITE GROUP INC. CITY COUNCIL AGENDA 2 AUGUST 2, 2016 FOR VEHICLE VIDEO DETECTION AT SIX TRAFFIC SIGNALS 13. ACCEPT OFF -SITE AND ON -SITE IMPROVEMENTS ASSOCIATED WITH THE LA QUINTA SQUARE COMMERCIAL DEVELOPMENT (PARCEL MAP NO. 36791) LOCATED AT THE SOUTHWEST CORNER OF HIGHWAY 111 AND SIMON DRIVE 14. ACCEPT OFF -SITE AND ON -SITE IMPROVEMENTS ASSOCIATED WITH THE ESPLANADE RESIDENTIAL DEVELOPMENT (TRACT MAP NO. 29323- 1 AND 29323-4) LOCATED AT THE NORTHWEST CORNER OF FRED WARING DRIVE AND JEFFERSON STREET 15. APPROVE ASSIGNMENT AND ASSUMPTION AGREEMENTS FOR THE ON- - SITE AND OFF -SITE IMPROVEMENTS FOR TRACT MAP NO. 31732, AMENDMENT NO. 2, AND AMENDED TRACT MAP NO. 31733 FOR THE BELLASENO RESIDENTIAL DEVELOPMENT LOCATED SOUTH OF AVENUE 60 AND EAST OF MONROE STREET 16. APPROVE PLANS, SPECIFICATIONS, ENGINEER'S ESTIMATE AND - ADVERTISE THE POINT HAPPY AND ROUDEL DRAINAGE IMPROVEMENTS PROJECTS 17. AWARD CONTRACT TO URBAN HABITAT ENVIRONMENTAL LANDSCAPES FOR CONSTRUCTION OF NORTH LA QUINTA PARKWAY TURF CONVERSION IMPROVEMENTS, LOCATED ALONG PORTIONS OF WASHINGTON STREET AND VIA SEVILLA - PHASE 1 (DEL ORO) 18. AWARD CONTRACT TO R.E. SHULTZ CONSTRUCTION, INC. FOR - INSTALLATION OF PLAYGROUND EQUIPMENT AT VELASCO, EISENHOWER, AND SAGUARO PARKS FOR MISCELLANEOUS PARKS AMERICANS WITH DISABILITIES ACT IMPROVEMENTS PROJECT 19. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HR GREEN, INC. TO PROVIDE ON -CALL DEVELOPMENT PLAN CHECK SERVICES 20. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BAKER INTERNATIONAL FOR FEASIBILITY STUDY, PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE FOR EISENHOWER DRAINAGE IMPROVEMENTS 21. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH DUDEK FOR PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE FOR THE WASHINGTON STREET DRAINAGE IMPROVEMENTS 22. APPROVE AMENDMENT NO. 1 TO PROFESSIONAL SERVICES CITY COUNCIL AGENDA 3 AUGUST 2, 2016 AGREEMENT WITH SIGMANET, INC. FOR 2016/17 MANAGED INFORMATION TECHNOLOGY SERVICES 23. APPROVE PLANS, SPECIFICATIONS, ENGINEER'S ESTIMATE, AND ADVERTISE THE COVE OASIS TRAILHEAD IMPROVEMENTS 24. ADOPT RESOLUTION TO APPROVE SUPPLEMENTAL AGREEMENT WITH THE COUNTY OF RIVERSIDE FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR AMERICANS WITH DISABILITIES ACT IMPROVEMENTS AND PUBLIC SERVICE FUNDS FOR BOYS AND GIRLS CLUB OF THE COACHELLA VALLEY — LA QUINTA UNIT [RESOLUTION NO. 2016-0341 25. APPROVE AMENDMENT FOUR TO AB 2766 MEMORANDUM OF UNDERSTANDING BETWEEN COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS AND MEMBER JURISDICTIONS TO PROVIDE SUSTAINABLE FUNDING OF THE REGIONAL PM10 STREET SWEEPING PROGRAM, THROUGH JUNE 30, 2020 BUSINESS SESSION 1. INTRODUCE ORDINANCE NO. 545 AMENDING SECTION 2.60.020 OF THE LA QUINTA MUNICIPAL CODE RELATING TO CONFLICT OF INTEREST CODE, AND APPROVE THE CALIFORNIA FAIR POLITICAL PRACTICES COMMISSION'S 2016 LOCAL AGENCY BIENNIAL NOTICE [ORDINANCE NO. 5451 2. AWARD CONTRACT FOR CONSTRUCTION OF PAVEMENT MANAGEMENT PLAN IMPROVEMENTS ON AVENIDA BERMUDAS AND EISENHOWER DRIVE STUDY SESSION 1. DISCUSS RE -JOINING THE COACHELLA VALLEY ECONOMIC PARTNERSHIP 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. CITY COUNCIL AGENDA 4 AUGUST 2, 2016 1. CONTINUED FROM JULY 19, 2016 - ADOPT RESOLUTION TO UPDATE CITY'S USER AND REGULATORY FEE SCHEDULE BASED ON 2016 COST OF SERVICE STUDY [Resolution No. 2016-035] 2. CONTINUED FROM JULY 19, 2016 - 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 PURSUANT TO SECTION 15332 (CLASS 32) [Resolution No. 2016-0361 DEPARTMENTAL REPORTS 1. CITY MANAGER 2. CITY ATTORNEY 3. CITY CLERK MAYOR'S AND COUNCIL MEMBER'S ITEMS REPORTS AND INFORMATIONAL ITEMS (Update as needed) 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) 23. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION 24. ARCHITECTURAL AND LANDSCAPING REVIEW BOARD MINUTES DATED APRIL 6, 2016 CITY COUNCIL AGENDA 5 AUGUST 2, 2016 25. PLANNING COMMISSION MINUTES DATED MAY 24, JUNE 14 AND 28, 2016 605 ADJOURNMENT ********************************* NOTICE: THE REGULAR CITY COUNCIL MEETINGS OF AUGUST 16 AND SEPTEMBER 6, 2016 HAVE BEEN CANCELLED. The next regular meeting of the City Council will be held on September 20, 2016 commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. at the City Hall Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Susan Maysels, City Clerk, of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta City Council meeting was posted on the City's website, near the entrance to the Council Chambers at 78-495 Calle Tampico, and the bulletin boards at the Stater Brothers Supermarket at 78-630 Highway 111, and the La Quinta Cove Post Office at 51-321 Avenida Bermudas, on July 29, 2016. DATED: July 29, 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 6 AUGUST 2, 2016 CITY COUNCIL MINUTES TUESDAY, JULY 19, 2016 A regular meeting of the La Quinta City Council was called to order at 3:00 p.m. by Mayor Evans. PRESENT: Councilmembers Franklin, Osborne, Pena, Radi, Mayor Evans ABSENT: None CONFIRMATION OF AGENDA — Confirmed 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 COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:01 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:01 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTIONS) TAKEN IN CLOSED SESSION: City Attorney Ihrke reported no actions were taken in closed session that require reporting pursuant to Government Code section 54957.1 (Brown Act). COUNCILMEMBER OSBORNE LED THE AUDIENCE IN THE PLEDGE OF ALLEGIANCE. PUBLIC COMMENT ON MATTERS NOT ON AGENDA PUBLIC SPEAKER: Senator Jeff Stone, 281" Senate District — Senator Stone introduced his District Director, Glenn Miller, and three Interns working in his office. He urged residents to contact his office at any time as he and his staff are ready to serve and assist regarding any state, national or local level matter. The Senator said that as member of the State's Public Safety and Labor Committee, he is fighting for issues that are very important to La Quinta including keeping California competitive and business - friendly. CITY COUNCIL MINUTES 1 JULY 19, 2016 F ANNOUNCEMENTS PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. RECOGNITION OF OUTGOING BOARD AND COMMISSION MEMBERS Mayor Evans and Councilmembers presented Proclamations to the following Commissioners and Board Member in gratitude for their service: Sharrell Blakeley Kevin Maevers Leila Namvar David Park Peggy Redmon Ray Rooker Linda Williams 1a. INTRODUCTION OF NEW FIRE CHIEF Fire Captain LaClair introduced the new La Quinta Fire Chief: Jorge Rodriguez, Division Chief, East Desert Division, Riverside County Fire Department. 2. SHORT-TERM VACATION RENTAL PROGRAM Cindy Gosslin, President of Vacation Rental Compliance (City Consultant) gave an update on the program followed by a question and answer period with the Council. CONSENT CALENDAR 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 SERVEYING SERVICES MOTION — A motion was made and seconded by Councilmembers Radi/Osborne to approve the Consent Calendar as recommended. Motion passed unanimously. CITY COUNCIL MINUTES 2 JULY 19, 2016 E:3 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 Consultant Principal Planner Nicole Criste presented the staff report, which is on file in the City Clerk's Office. Principal Engineer Wimmer announced that Coachella Valley Association of Government (CVAG) will be contributing to the project, reducing the City's estimated budget from $1.2 million to approximately $600,000. Councilmembers discussed CVAG's funding of right-of-way matters; status of the funding agreement with CVAG; parameters of federal grant funds; bridge improvement's dependency on completing road widening project, and; the inclusion/omission of a raised median in the design. PUBLIC SPEAKER: Jose Benavides, La Quinta — Mr. Benavides said he was a 26-year resident of the trailer park on Dune Palms, runs a day care center out of his home and will be impacted by the street widening. He said he is open to working with the City and hopes the City works with him and the others impacted. PUBLIC SPEAKER: Jeff Stoker, representative of the Kingdom Hall of Jehovah's Witness — Mr. Stoker said they were in favor of the project, but had design concerns such as signage, turn lanes, etc. MOTION — A motion was made and seconded by Councilmembers Pena/Radi to adopt Resolution No. 2016-031 entitled: 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 Motion passed unanimously. 2. APPROVE VOLUNTARY COLLECTION AGREEMENT WITH AIRBNB, INC. TO COLLECT AND REMIT TRANSIENT OCCUPANCY TAX City Attorney William Ihrke presented the staff report, which is on file in the City Clerk's Office. Councilmembers discussed the possibility of requiring a bond from Airbnb, Inc.; ability to rely on Airbnb, Inc. to share La Quinta registrants with the City; the requirement of Airbnb, Inc. to release client addresses to City; the standard City recourses in the agreement for non-performance by Airbnb, Inc.; the continued role of a short-term vacation rental compliance consultant for the City; Airbnb, Inc.'s duties and financial CITY COUNCIL MINUTES 3 JULY 19, 2016 4 and possibly political incentive to perform; benefit to owners to use Airbnb, Inc.'s services; percentage of owners using Airbnb, Inc. vs. VRBO; concerns of property management companies; need to monitor the agreement, and notify the Council quickly if it's not working, and; adding information regarding this agreement to the City's registration packets, the website and other means to get the word out. MOTION — A motion was made and seconded by Councilmembers Radi/Osborne to approve the agreement with Airbnb, Inc. as recommended. Motion passed unanimously. 3. INTRODUCE ORDINANCE AMENDING SECTION 3.25.060(B) OF THE MUNICIPAL CODE RELATING TO APPLICATION FEE FOR SHORT-TERM VACATION RENTAL PERMITS City Clerk Maysels presented the staff report, which is on file in the City Clerk's Office. MOTION — A motion was made and seconded by Councilmembers Franklin/Radi to take up Ordinance No. 542 by title and number only and waive further reading. Motion passed unanimously. City Clerk Maysels read the following title of Ordinance No. 542 into the record: 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 MOTION — A motion was made and seconded by Councilmembers Franklin/Pena to introduce at first reading Ordinance No. 542. Motion passed unanimously. STUDY SESSION ITEM MOVED TO AFTER PUBLIC HEARING ITEMS SO THE PUBLIC HEARING MAY START AT 5:00 P.M., THE TIME FOR WHICH THEY WERE NOTICED PUBLIC HEARINGS (started 5:03p) 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 Principal Planner Jay Wuu presented the staff report, which is on file in the City Clerk's Office. Councilmembers discussed the height of the north wall; lot setback requirements; developer's plan for the lots; disturbance to Ziegler's driveway and duration of disturbance; Subdivision Improvement Agreement bond coverage and Encroachment Permit assurance against temporary access extending into a long-term situation, and; CITY COUNCIL MINUTES 4 JULY 19, 2016 10 requirement to construct temporary access to fire department standards which should also meet horse trailer needs. PUBLIC SPEAKER — APPLICANT'S REPRESENTATIVE: Benjamin Egan, PE, PLS, Palm Desert — Mr. Egan said the applicant will rebuild the road and at no time will the Ziegler's be cut off from their property. A bond will insure their access. In addition, utilities will be stubbed to the Ziegler's site. Mr. Egan asked the Council to adopt the Planning Commission's recommendations. MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 5:30 P.M. PUBLIC SPEAKER: Tom Brohard, La Quinta — Mr. Brohard said he owns a neighboring property to this project in the Estates at La Quinta and he is a member of its Board of Directors. He said that he and the majority of his neighbors were initially opposed to this project. He noted that after discussions and accommodations by the developer, 8 out of the 12 neighboring property owners are now in support and two are neutral. He also stated that the Homeowners Association's Board of Directors supports the project. MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 5:36 P.M. MAYOR EVANS REOPENED THE PUBLIC HEARING AT 5:46 P.M. TO ALLOW NEWLY ARRIVED SPEAKERS TO PARTICIPATE PUBLIC SPEAKER: Roy Ziegler, La Quinta — Mr. Ziegler, representative of his mother who owns the property that has an access easement through this development, explained that the critical issues are (a) the developer completing the new road access in a timely manner; (b) the developer completing the under -road utility installation, curbs and gutters at the same time as the road, and; (c) the City imposing provisions, such as bonds, that makes (a) and (b) enforceable. PUBLIC SPEAKER — APPLICANT'S REPRESENTATIVE: Benjamin Egan, PE, PLS, Palm Desert — Mr. Egan said that he believed the applicant would not object to any bond arrangement the City Attorney could defend. Councilmembers discussed continuing the public hearing in order to give the applicant and the Zieglers time to negotiate a compromise based on the framework discussed above, and time for the City Attorney to review and draft the results; suggestion that the two private parties come to agreement among themselves; the difficulty posed by the small parcel and odd configuration; the trend toward smaller home sizes; the length and width of the Ziegler's driveway, and; the timeframe for collecting on a bond. MOTION — A motion was made and seconded by Councilmembers Franklin/Radi to continue the public hearing until the Council meeting of August 2, 2016. Motion passed unanimously. CITY COUNCIL MINUTES 5 JULY 19, 2016 11 COUNCILMEMBER PENA ANNOUNCED THAT HE WILL RECUSE HIMSELF FROM DISCUSSION AND VOTE ON PUBLIC HEARING ITEM NO. 2 DUE TO A POSSIBLE CONFLICT OF INTEREST BASED ON THE PROXIMITY OF HIS PROPERTY TO THE PROPERTIES AFFECTED BY THIS CODE AMENDMENT. COUNCILMEMBER PENA LEFT THE DAIS. 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 Planning Manager Perez presented the staff report, which is on file in the City Clerk's Office. Councilmembers discussed referring the matter to the Planning Commission where applicants can request waivers; the sunset date for the 50% reduction in parking requirements; the means to waive all fees and requirements; the estimated release date for the Village environmental impact report and parking study, and; re-examining matters that must go/need not go to the Planning Commission in the future. Mayor Evans declared the PUBLIC HEARING OPEN at 6:35 p.m. PUBLIC SPEAKER: None Mayor Evans declared the PUBLIC HEARING CLOSED at 6:35 p.m. MOTION — A motion was made and seconded by Councilmembers Osborne/Radi to take up Ordinance No. 543 by title and number only and waive further reading. Motion passed: ayes 4, noes 0, absent 1 (Pena) City Clerk Maysels read the following title of Ordinance No. 543 into the record: 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 MOTION — A motion was made and seconded by Councilmembers Osborne/Radi to introduce at first reading Ordinance No. 543. Motion passed: ayes 4, noes 0, absent 1 (Pena) COUNCILMEMBER PENA RETURNED TO THE DAIS FOR THE REMAINDER OF THE MEETING. CITY COUNCIL MINUTES 6 JULY 19, 2016 12 3. INTRODUCE ORDINANCE AMENDING TITLE 8, CHAPTER 13 OF THE LA QUINTA MUNICIPAL CODE UPDATING THE CITY'S WATER EFFICIENT LANDSCAPE ORDINANCE Principal Planner Jay Wuu presented the staff report, which is on file in the City Clerk's Office. Mayor Evans declared the PUBLIC HEARING OPEN at 6:43 p.m. PUBLIC SPEAKER: Katie Ruark, Conservation Manager, Coachella Valley Water District — Ms. Ruark spoke in support of the ordinance. Mayor Evans declared the PUBLIC HEARING CLOSED at 6:44 p.m. MOTION — A motion was made and seconded by Councilmembers Osborne/Franklin to take up Ordinance No. 544 by title and number only and waive further reading. Motion passed unanimously. City Clerk Maysels read the following title of Ordinance No. 544 into the record: 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 MOTION — A motion was made and seconded by Councilmembers Osborne/Radi to introduce at first reading Ordinance No. 544. Motion passed unanimously. 4. ADOPT RESOLUTION TO UPDATE CITY'S USER AND REGULATORY FEE SCHEDULE BASED ON 2016 COST OF SERVICE STUDY Council waived presentation of the staff report, which is on file in the City Clerk's Office. Mayor Evans declared the PUBLIC HEARING OPEN at 6:46 p.m. PUBLIC SPEAKER: Gretchen Gutierrez, Desert Valley Builders' Association — Ms. Gutierrez requested that the item be continued to allow time for her organization to thoroughly review the study and submit comments. PUBLIC SPEAKER: Clint Lorimore, Building Industry Association (BIA) — Mr. Lorimore submitted a response letter regarding the study from Ms. Harnik of the BIA to be distributed to the Council with the full fee study at the next meeting. MOTION — A motion was made and seconded by Councilmembers Osborne/Franklin to continue Public Hearing Item No. 4 to the August 2, 2016 Council meeting. Motion passed unanimously. CITY COUNCIL MINUTES 7 JULY 19, 2016 13 STUDY SESSION 1. DISCUSS MODIFICATION TO PROCEDURES FOR APPOINTMENTS TO BOARDS AND COMMISSIONS Management Specialist Villalpando presented the staff report, which is on file in the City Clerk's Office. Councilmembers discussed the advantages of combining the Planning Commission and the Architectural and Landscaping Review Board (ALRB); the parameters of the alternate position, and the pros and cons of retaining the category; the options for the Investment Advisory Board (IAB) and the oversight functions associated with the 1% transactions and use tax should it be approved by voters; the inclusion of non- professional citizens if the IAB assumes the oversight function; increasing the IAB membership to seven; establishing an economic development ad hoc committee to explore, study and report back; eliminating the IAB qualification requirement for three or four of seven members; work schedule of any oversight committee would be tied to the City budget schedule; assigning the Construction Appeals Board duties to the Planning Commission or the Council; the size and meeting frequency of Palm Springs Measure J oversight committee, and; amending the candidates' code of conduct pledge to be applicable to commissioners. The Council reached a consensus and directed staff to prepare a report for the Council to act on (a) eliminating the ALRB, (b) assigning ALRB duties to the Planning Commission, (c) increasing the Planning Commission membership from five to seven, (d) applying the qualification requirement for professional ALRB members to the two new Planning Commission seats, (e) appointing the two current ALRB members to the two new Planning Commission seats, (f) eliminating the alternate position for all boards and commissions, (g) expanding the IAB membership from five to seven, (h) require a minimum of three IAB members to possess the qualifications required in the Code (i) expanding the duties of the IAB to include those listed in the staff report, and (j) changing the name of the IAB as recommended in the staff report. DEPARTMENT REPORTS All reports are on file in the City Clerk's Office. City Clerk Maysels reported on the status of the Measure letter assignment by the County, and by consensus of the Council, will prepare a letter from the Mayor to County Supervisor Benoit requesting that the letter "Q" be assigned to La Quinta's Measure. Code Compliance Supervisor Moreno reported on code compliance efforts. By consensus of the Council, the department will include in its section mailings to residents, a note indicating that all residents in the area are receiving the form letter. CITY COUNCIL MINUTES 8 JULY 19, 2016 14 Design and Development Director Jonasson explained the two drainage projects underway, and provided clarification on the Municipal Code section regarding temporary sign which includes political signs. MAYOR'S AND COUNCIL MEMBER'S ITEMS Councilmember Pena reported on the Coachella Valley Economic Partnership letter received recently followed by a brief discussion among Councilmembers. Councilmember Pena thanked the Fire Department for their efforts on the recent multi- dwelling fire where no injuries were sustained. Mayor Evans reported on the success of the 11th annual cadet academy graduation that she and Councilmembers Osborne and Radi attended. Councilmembers discussed establishing some sort of ad hoc artist committee in the future. REPORTS AND INFORMATIONAL La Quinta's representative for 2016, Councilmember Franklin reported on her participation in the following organization's meeting: COACHELLA VALLEY MOUNTAINS CONSERVANCY La Quinta's representative for 2016, Councilmember Osborne reported on his participation in the following organization's meeting: EAST VALLEY COALITION La Quinta's representative for 2016, Councilmember Radi reported on his participation in the following organization's meeting: RIVERSIDE COUNTY TRANSPORTATION COMMISSION ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Pena/Franklin to adjourn at 8:25 p.m. Motion passed unanimously. Respectfully submitted, SUSAN MAYSELS, City Clerk City of La Quinta, California CITY COUNCIL MINUTES 9 JULY 19, 2016 15 16 City of La Quinta CITY COUNCIL MEETING: August 2, 2016 STAFF REPORT AGENDA TITLE, EXCUSE ABSENCE FOR PLANNING COMMISSIONER FITZPATRICK FROM AUGUST 9, 2016 PLANNING COMMISSION MEETING RECOMMENDATION Excuse absence for Commissioner Fitzpatrick from the August 9, 2016 Planning Commission meeting. EXECUTIVE SUMMARY • Commissioner Fitzpatrick requested to be excused from the August 9, 2016 Planning Commission meeting due to a personal matter. She has no prior absences during this fiscal year. FISCAL IMPACT No meeting attendance compensation is paid to absent members. BACKGROUND/ANALYSIS The Municipal Code states: "If any member of a board, commission or committee absents him/herself from two consecutive regular meetings, or absents him/herself from a total of three regular meetings within any fiscal year, his/her office shall become vacant and shall be filled as any other vacancy. A board, commission or committee member may request advance permission from the city council to be absent at one or more regular meetings due to extenuating circumstances, and/or may request the city council to excuse an absence after -the -fact where such extenuating circumstances prevented the member from seeking advance permission to be absent. If such permission or excuse is granted by the city council, the absence shall not be counted toward the above -stated limitations on absences." ALTERNATIVES Council may deny this request, which would result in the absence being counted toward the commissioner's limitation on absences as noted above. Prepared by: Monika Radeva, Deputy City Clerk Approved by: Susan Maysels, City Clerk 17 18 City of La Quinta CITY COUNCIL MEETING: STAFF REPORT AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR PERMIT OPERATIONS SUPERVISOR TO ATTEND TRAKIT SOFTWARE TRAINING, SEPTEMBER 19-20, 2016, IN CARLSBAD, CALIFORNIA Authorize overnight travel for the Permit Operations Supervisor to attend TRAKiT Software Training, September 19-20, 2016, in Carlsbad, California. EXECUTIVE SUMMARY • TRAKiT is the permit, plan check and business license tracking software system for the City. The software (TRAKiT9) is fully implemented. • Continued enhancement and integration of Design and Development department activities require ongoing system administration and configuration. • A limited number of software training events are available; this training will focus on system administration and configuration, which is one of the Permit Operations Supervisor's work tasks. FISCAL IMPACT Estimated expenses are $1,600, which includes training registration, travel, lodging, parking and meals. Funds are available in the Department's Travel and Training budget. BACKGROUND/ANALYSIS The TRAKiT software went live in June, 2014. Continued integration of Design and Development department activities within TRAKiT requires ongoing system administration/configuration. The two-day software training session will focus on TRAKiT9 administration/configuration. SunGard provides limited annual software training opportunities. ALTERNATIVES The Council could elect not to authorize this overnight travel. However, this training module would allow staff to gain further knowledge to address service delivery issues and improve customer service. Prepared by: Angelica Zarco, The Hub Manager Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer 19 20 City of La Quinto CITY COUNCIL MEETING: August 2, 2016 STAFF REPORT AGENDA TITLE: AUTHORIZE TRAVEL FOR DESIGN AND DEVELOPMENT DIRECTOR/CITY ENGINEER TO ATTEND THE FLOODPLAIN MANAGEMENT ASSOCIATION ANNUAL CONFERENCE ON SEPTEMBER 8, 2016, IN SACRAMENTO, CALIFORNIA RECOMMENDATION Authorize travel for the Design and Development Director/City Engineer to attend the Annual Floodplain Management Association Conference on September 8, 2016, in Sacramento, California. EXECUTTVF SUMMARY • The Floodplain Management Association (FMA) is an organization of professionals seeking to reduce flood risk and creating sustainable floodplains. • The Design and Development Director will participate as a panel member during a technical session entitled: Precipitation, Stream Flows and Extreme Flood Issues. FISCAL IMPACT Estimated expenses are $850, which includes registration, travel, parking, and meals. Funds are available in the department's Travel and Training budget. BACKGROUND/ANALYSIS The FMA serves as a forum for government, industry and science to advance best practices, technologies, policies, regulations and legal strategies related to floodplain management with a focus on California, Nevada and Hawaii. This conference will offer workshops and technical sessions addressing issues such as Flood Risk Reduction and Regulations; Methods and Case Studies to Evaluate Flood Risk Reduction Alternatives; and Flood Forecasting Tools. The Design and Development Director has also been requested to participate in a presentation at the conference on "The Focused Drainage Study for Extreme Storm Events" that was prepared by Michael Baker International for the City. ALTERNATIVES The Council could deny this travel request. However, this alternative is not recommended as staff would not be allowed to take advantage of this professional development opportunity which would benefit City service delivery. Prepared by: Wanda Wise -Latta, Executive Assistant Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer 21 22 CONSENT CALENDAR ITEM NO. 5 City of La Quinta CITY COUNCIL MEETING: August 2, 2016 STAFF REPORT AGENDA TITLE- APPROVE DEMAND REGISTERS DATED JULY 11, JULY 15 AND JULY 22, 2016 RECOMMENDATION Approve demand registers dated June 11, July 15 and July 22, 2016. EXECUTIVE SUMMARY - None FISCAL IMPACT Demand of Cash: City $ 4,339,284.82 Successor Agency of RDA $ - Housing Authority $ - Housing Authority Commission $ - $ 4,339,284.82 BACKGROUND/ANALYSIS Between Council meetings, routine bills and payroll must be paid. Attachment 1 details the weekly demand registers from July 11, July 15 through July 22, 2016. Warrants Issued: 111723-111724 111725-111793 111794-111879 Voids Wire Transfers P/R Check#37121 & Direct Deposit Payroll Tax Transfers $ 107,298.13 $ 451,301.11 $ 2,894,397.14 $ 40,766.13 $ 632,971.79 $ 169,449.13 $ 43,101.39 $ 4,339,284.82 In the amounts listed above, three checks were voided. Check No. 107627 was voided and reissued because the check was misplaced by the vendor. Check No. 111393 was voided because there was a change in the number of attendees for the event, therefore the total amount was reduced and a new check was issued for a lower amount. Check No. 111747 was voided and reissued because the vendor needed the two payments to be separated so they can be processed into the correct accounts. 23 The most significant expenditures on the demand registers listed above are as follows: Vendor Account Name Amount Purpose Riverside County Sheriff Various $ 1,104,342.86 Apr- Police Service's Riverside County Sheriff Various $ 989,751.40 May - Police Service's City of Indio Contract Services $ 500,000.00 Madison St Canal Project Costco Operating $ 100,270.98 Sales Tax Reimbursment Wire Transfers: Nine wire transfers totaled $632,971.79. Of this amount, $121,703.89 was to Landmark for golf course management, $454,756.00 to CalPERS Health and $36,447.51 was to CalPERS. (See Attachment 2 for a full listing). ALTERNATIVES Council may approve, partially approve, or reject the demand registers. Prepared by: Derrick Armendariz, Account Technician Approved by: Karla Campos, Finance Director Attachment: 1. Demand Registers 2. Wire Transfers 24 • ' fir! f� ` , r City of La Quintay CA w: Aj 11- f 5►�k-t4 Vendor Name Fund: 101-GENERAL FUND COSTCO ONE ELEVEN LA QUINTA LLC Payment Number Payment Date ATTACHMENT 1 Demand Register Packet:• APPKT00789 - DA 7/11/16 Description (Payable) Account Number Amount 111723 07/11/2016 07/16- 1ST QTR SALES TAX R 101-1007-60535 100,270.98 111724 07/11/2016 07/16-1ST QTR SALES TAX R 101-1007-60535 7,027.15 Fund 101- GENERAL FUND Total: 107,298.13 Grand Total: 107,298.13 7/11/2016 6:23:53 PM 25 .-........ . Page 1 of 2 Demand Register Packet: APPKT00789 - DA 7/11/16 Fund Summary Fund Expense Amount 101- GENERAL FUND 107,298.13 Grand Total: 107,298.13 Account Summary Account Number Account Name Expense Amount 101-1007-60535 Other Operating 107,298.13 Grand Total: 107,298.13 Project Account Summary Project Account Key Expense Amount **None** 107,298.13 Grand Total: 107,298.13 7/11/2016 6:23:53 PM Page 2 of 2 26 • F Demand Register rj �r City of La Quinta, CA Packet: APPKT00795 - DA 7/15/16 Vendor Name Payment Number Payment Date Description (Payable) Account Number Amount Fund: 101-GENERAL FUND ACCOUNTEMPS 111725 07/15/2016 06/24/16-TEMP STAFFING 101-1004-60125 514.80 ADVANCED IMAGING SOLUTI 111726 07/15/2016 03/02/16-03/01/17- SVC SU 101-1007-60663 677.16 AMERICAN FORENSIC NURSE 111728 07/15/2016 06/15/16- BLOOD ALCOHOL 101-2001-36310 220.00 BIO-TOX LABORATORIES 111731 07/15/2016 06/14/16- BLOOD ALCOHOL 101-2001-36310 51.70 BIO-TOX LABORATORIES 111731 07/15/2016 06/14/16- BLOOD ALCOHOL 101-2001-36310 306.00 BLACK & COMPANY LLC, TERI 111732 07/15/2016 07/01/16- FINANCE DIR REC 101-1004-60104 4,820.59 BPS TACTIAL INC-GANG TASK 111733 07/15/2016 06/28/16- TACTICAL VEST 101-2001-60175 442.68 CALIFORNIA PATIO 111735 07/15/2016 07/05/16- REFUND OVERPAY 101-0000-42300 27.00 CALPERS LONG-TERM CARE 111736 07/15/2016 LONG TERM CARE 101-0000-20949 144.16 CALPERS LONG-TERM CARE 111736 07/15/2016 07/15/16- CALPERS CARE 101-0000-20949 51.89 CANON FINANCIAL SERVICES 111737 07/15/2016 07/16- CONTRACT CHRG 101-1007-60662 293.54 CANON FINANCIAL SERVICES 111737 07/15/2016 07/16- CONTRACT CHRG 101-1007-60662 1,572.94 CLASSIC AUTO TRANSPORT 111738 07/15/2016 06/14/16- EVIDENCE TOW 101-2001-60176 170.00 COACHELLA VALLEY ASSOC O 111739 07/15/2016 06/27/16- FY16/17 CVAG ME 101-1002-60103 49,244.00 COACHELLA VALLEY CONSER 111740 07/15/2016 06/16- MITIGATION FEE 101-0000-20310 2,602.00 COACHELLA VALLEY CONSER 111740 07/15/2016 06/16- MITIGATION FEE 101-0000-43631 -26.02 COACHELLA VALLEY WATER 111741 07/15/2016 07/11/16- WATER SERVICE 101-2002-61200 77.17 COACHELLA VALLEY WATER 111741 07/15/2016 07/11/16- WATER SERVICE 101-3005-61207 1,063.35 COACHELLA VALLEY WATER 111741 07/15/2016 07/11/16- WATER SERVICE 101-7006-60146 423.20 CONSERVE LANDCARE 111742 07/15/2016 07/16- LANDSCAPE SVC 101-3005-60108 28,575.00 CRAFTSMAN HOMES LLC 111744 07/15/2016 04/27/16- PM-10 T32751 101-0000-22810 17,200.00 DATA TICKET, INC. 111745 07/15/2016 05/16- CITATION APPEALS 101-6004-60111 330.00 DATA TICKET, INC. 111745 07/15/2016 04/16-DOG HEARINGS 101-6004-60111 630.00 DATA TICKET, INC. 111745 07/15/2016 05/16- CODE CITATION PROC 101-6004-60111 580.25 DESERT SANDS UNIFIED SCH 111747 07/15/2016 07/05/16- DSUSD SPONSORS 101-1001-60320 2,500.00 DESERT SANDS UNIFIED SCH 111747 07/15/2016 03/31-5/25/16- SCHOOL OFF 101-2001-60168 37,776.44 DUNES BUSINESS PARK, THE 111748 07/15/2016 10/25/05- PM-10 DUST CON 101-0000-22810 3,225.00 DUNN-EDWARDS CORPORAT 111749 07/15/2016 06/23/16- PAINT SUPPLIES 101-3008-60691 113.21 DUNN-EDWARDS CORPORAT 111749 07/15/2016 06/28/16- PAINT SUPPLIES 101-3008-60691 129.25 FRANCHISE TAX BOARD 111750 07/15/2016 GARNISHMENT 101-0000-20985 125.00 FRONTIER COMMUNICATION 111751 07/15/2016 07/16- LQ PARK PHONE BILL 101-3005-60554 43.14 GALLS LLC 111753 07/15/2016 06/21/16-CODE UNIFORMS 101-6004-60690 2,220.44 GALLS LLC 111753 07/15/2016 06/20/16- CODE UNIFORMS 101-6004-60690 950.19 GARDAWORLD 111754 07/15/2016 07/16- ARMORED SVC 101-1006-60103 101.03 GAS COMPANY, THE 111755 07/15/2016 05/23-06/22/16- CITY HALL 101-3008-61100 68.32 GAS COMPANY, THE 111755 07/15/2016 05/23-06/21/16- WC GAS 101-3002-61100 26.51 HOME DEPOT CREDIT SERVIC 111757 07/15/2016 05/31-06/27/16- HOME DEP 101-2002-60670 18.23 HOME DEPOT CREDIT SERVIC 111757 07/15/2016 05/31-06/27/16- HOME DEP 101-2002-60670 124.98 HOME DEPOT CREDIT SERVIC 111757 07/15/2016 05/31-06/27/16- HOME DEP 101-2002-60670 33.42 HOME DEPOT CREDIT SERVIC 111757 07/15/2016 05/31-06/27/16- HOME DEP 101-2002-60670 28.99 HOME DEPOT CREDIT SERVIC 111757 07/15/2016 05/31-06/27/16- HOME DEP 101-2002-60670 17.77 HOME DEPOT CREDIT SERVIC 111757 07/15/2016 05/31-06/27/16-HOME DEP 101-2002-60670 9.27 HOME DEPOT CREDIT SERVIC 111757 07/15/2016 05/31-06/27/16- HOME DEP 101-2002-60671 53.97 HOME DEPOT CREDIT SERVIC 111757 07/15/2016 05/31-06/27/16- HOME DEP 101-2002-60671 -53.97 HOME DEPOT CREDIT SERVIC 111757 07/15/2016 05/31-06/27/16- HOME DEP 101-3003-60420 84.11 HOME DEPOT CREDIT SERVIC 111757 07/15/2016 05/31-06/27/16- HOME DEP 101-3005-60113 105.49 HOME DEPOT CREDIT SERVIC 111757 07/15/2016 05/31-06/27/16- HOME DEP 101-3005-60113 35.24 HOME DEPOT CREDIT SERVIC 111757 07/15/2016 05/31-06/27/16- HOME DEP 101-3005-60423 36.67 HOME DEPOT CREDIT SERVIC 111757 07/15/2016 05/31-06/27/16- HOME DEP 101-3005-60423 12.42 HOME DEPOT CREDIT SERVIC 111757 07/15/2016 05/31-06/27/16- HOME DEP 101-3005-60554 10.31 HOME DEPOT CREDIT SERVIC 111757 07/15/2016 05/31-06/27/16- HOME DEP 101-3005-60554 50.34 HOME DEPOT CREDIT SERVIC 111757 07/15/2016 05/31-06/27/16- HOME DEP 101-3006-60691 -26.45 HOME DEPOT CREDIT SERVIC 111757 07/15/2016 05/31-06/27/16- HOME DEP 101-3008-60432 321.02 7/18/2016 12:01:17 PM Page 1 of 8 27 Demand Register Packet: APPKT00795 - DA 7/15/16 Vendor Name Payment Number Payment Date Description (Payable) Account Number Amount HOME DEPOT CREDIT SERVIC 111757 07/15/2016 05/31-06/27/16- HOME DEP 101-3008-60691 10.94 INNOVATIVEDOCUMENT SO 111761 07/15/2016 04/20/16- CONTRACT STAPL 101-1007-60662 67.98 LA QUINTA FARMS LLC 111763 07/15/2016 07/01/16- SRR PM-10 CONT 101-7006-60146 23,115.20 LEAGUE OF CALIFORNIA CITI 111765 07/15/2016 07/11/16- LCC RIVERSIDE MT 101-1001-60320 25.00 LOCK SHOP INC, THE 111766 07/15/2016 06/30/16- CABINET LOCK 101-3008-60665 20.00 LOWE'S HOME IMPROVEME 111767 07/15/2016 06/16- LOWES 101-2002-60545 780.43 LOWE'S HOME IMPROVEME 111767 07/15/2016 06/16- LOWES 101-2002-60670 31.06 LOWE'S HOME IMPROVEME 111767 07/15/2016 06/16- LOWES 101-2002-60670 83.04 LOWE'S HOME IMPROVEME 111767 07/15/2016 06/16- LOWES 101-2002-60670 -31.06 LOWE'S HOME IMPROVEME 111767 07/15/2016 06/16- LOWES 101-3008-60432 108.23 LOWE'S HOME IMPROVEME 111767 07/15/2016 06/16- LOWES 101-3008-60432 223.16 LOWE'S HOME IMPROVEME 111767 07/15/2016 06/16- LOWES 101-3008-60432 1,540.48 LOWE'S HOME IMPROVEME 111767 07/15/2016 06/16- LOWES 101-3008-60432 338.15 LOWE'S HOME IMPROVEME 111767 07/1S/2016 06/16- LOWES 101-3008-60432 0.91 LOWE'S HOME IMPROVEME 111767 07/15/2016 06/16- LOWES 101-3008-60432 187.52 LOWE'S HOME IMPROVEME 111767 07/15/2016 06/16- LOWES 101-3008-60432 64.11 LOWE'S HOME IMPROVEME 111767 07/15/2016 06/16- LOWES 101-3008-60665 164.40 LOWE'S HOME IMPROVEME 111767 07/15/2016 06/16- LOWES 101-3008-60667 -19.42 LOWE'S HOME IMPROVEME 111767 07/15/2016 06/16- LOWES 101-3008-60691 10.95 LOWE'S HOME IMPROVEME 111767 07/15/2016 06/16- LOWES 101-3008-60691 9.73 LOWE'S HOME IMPROVEME 111767 07/15/2016 06/16- LOWES 101-3008-60691 112.54 MJW FRAMING INC 111768 07/15/2016 07/07/16- REFUND OVERPAY 101-0000-42300 25.60 OFFICE DEPOT 111770 07/15/2016 06/20/16- OFFICE SUPPLIES 101-1005-60400 51.67 OFFICE DEPOT 111770 07/15/2016 06/14/16-TONER 101-1005-60400 75.05 OFFICE DEPOT 111770 07/15/2016 06/16/16- OFFICE SUPPLIES 101-1005-60400 118.52 OFFICE DEPOT 111770 07/15/2016 06/22/16- OFFICE SUPPLIES 101-1005-60400 147.87 OFFICE DEPOT 111770 07/15/2016 06/27/16-PAPER 101-1007-60402 139.94 PAULASSOCIATES 111771 07/15/2016 05/09/16-SHERIFF RECEIPT 101-2001-60176 253.00 PLANIT REPROGRAPHICS SYS 111772 07/15/2016 06/30/16- BID PLANS/SPECS 101-7006-60104 269.45 PREMIER INDUSTRIES 111773 07/15/2016 06/01/16- COOLING MEDIA 101-0000-20304 -41.32 PREMIER INDUSTRIES 111773 07/15/2016 06/01/16- COOLING MEDIA 101-2002-60670 557.78 PRYOR SEMINARS, FRED 111774 07/15/2016 08/15/16-EXCELTRAINING 101-1006-60320 79.00 RIVERSIDE DEPARTMENT OF 111775 07/15/2016 GARNISHMENT 101-0000-20985 200.00 SECURE PRODUCTS 111777 07/15/2016 06/24/16- OFFICE SUPPLIES 101-1006-60400 41.67 SHARK POOLS INC 111778 07/15/2016 07/16- FB POOL SVC 101-3001-60184 1,475.00 SHARK POOLS INC 111778 07/15/2016 05/28/16- FB POOL CHLOR T 101-3001-60184 407.50 SHARK POOLS INC 111778 07/15/2016 06/06/16- FB POOL CHLOR T 101-3001-60184 407.50 SHARK POOLS INC 111778 07/15/2016 06/07/16- FB POOL CHEM FE 101-3001-60184 1,925.00 SHARK POOLS INC 111778 07/15/2016 06/17/16- FB POOL CHLOR T 101-3001-60184 407.50 SHARK POOLS INC 111778 07/15/2016 06/27/16- FB POOL CHLOR T 101-3001-60184 407.50 SHARK POOLS INC 111778 07/15/2016 07/16- LQ PARK WF SVC 101-3005-60554 295.00 SHARK POOLS INC 111778 07/15/2016 06/17/16- LQ PARK WF CHLO 101-3005-60554 112.00 SHARK POOLS INC 111778 07/15/2016 06/16/16- LQ PARK WF DRAI 101-3005-60554 956.74 SIMPLY DELICIOUS 111779 07/15/2016 07/05/16- COUNCIL SUPPLIE 101-1002-60320 105.00 SIMPLY DELICIOUS 111779 07/15/2016 07/19/16- COUNCIL MEETIN 101-1001-60320 110.00 SOUTH VALLEY ELECTRIC 111780 07/15/2016 10/21/15- LQ PARK LAMPS 101-3005-60104 2,490.00 SOUTH VALLEY ELECTRIC 111780 07/1S/2016 10/22/15- SPORTS CPLX LAM 101-3005-60104 2,490.00 SOUTH VALLEY ELECTRIC 111780 07/15/2016 11/10/15- SC LIGHT MAINT 101-3005-60104 1,373.00 SOUTH VALLEY ELECTRIC 111780 07/15/2016 04/14/16- REPLACE LIGHT B 101-3005-60104 2,125.00 SOUTH VALLEY ELECTRIC 111780 07/15/2016 03/23/16- PIONEER LIGHT B 101-3005-60104 588.00 SOUTH VALLEY ELECTRIC 111780 07/15/2016 10/21/15- PAIGE LAMPS 101-3005-60104 450.00 STAPLES ADVANTAGE 111781 07/15/2016 06/17/16- OFFICE SUPPLIES 101-1002-60400 35.59 STAPLES ADVANTAGE 111781 07/15/2016 06/18/16- OFFICE SUPPLIES 101-1007-60402 89.53 STAPLES ADVANTAGE 111781 07/15/2016 06/23/16- OFFICE SUPPLIES 101-1005-60400 53.99 STAPLES ADVANTAGE 111781 07/15/2016 06/25/16- OFFICE SUPPLIES 101-1004-60400 38.44 STAPLES ADVANTAGE 111781 07/15/2016 06/16/16- CREDIT 101-1002-60400 -35.59 TELEPACIFICCOMMUNICATI 111784 07/15/2016 4/1-5/22-TELEPACIFIC 101-2002-60671 -1,084.98 TELEPACIFIC COMMUNICATI 111784 07/15/2016 4/1-5/22-TELEPACIFIC 101-2002-61300 1,084.98 TELEPACIFIC COMMUNICATI 111784 07/15/2016 06/23-07/22/16- TELEPACIFI 101-1007-61300 396.80 TELEPACIFIC COMMUNICATI 111784 07/15/2016 06/23-07/22/16- TELEPACIFI 101-1007-61300 50.40 7/18/2016 12:01:17 PM Page 2 of 8 28 Demand Register Packet: APPKT00795 - DA 7/15/16 Vendor Name Payment Number Payment Date Description (Payable) Account NWnber Amount TELEPACIFIC COMMUNICATI 111784 07/15/2016 06/23-07/22/16-TELEPACIFI 101-1007-61300 500.43 TELEPACIFIC COMMUNICATI 111784 07/15/2016 06/23-07/22/16- TELEPACIFI 101-1007-61300 284.40 TELEPACIFIC COMMUNICATI 111784 07/15/2016 06/23-07/22/16-TELEPACIFI 101-1007-61300 570.30 TELEPACIFIC COMMUNICATI 111784 07/15/2016 06/23-07/22/16-TELEPACIFI 101-2002-61300 1,084.92 TELEPACIFIC COMMUNICATI 111784 07/15/2016 06/23-07/22/16- TELEPACIFI 101-3001-60184 47.40 TELEPACIFIC COMMUNICATI 111784 07/15/2016 06/23-07/22/16- TELEPACIFI 101-3005-60554 237.00 TELEPACIFIC COMMUNICATI 111784 07/15/2016 06/23-07/22/16- TELEPACIFI 101-3005-61204 47.40 TIMO'S AIR CONDITIONING 111785 07/15/2016 07/05/16- REFUND OVERPAY 101-0000-42300 50.00 TRULY NOLEN INC 111787 07/15/2016 06/06/16- CITY HALL PEST C 101-3008-60116 58.20 UBBEN, PAULAJO 111788 07/15/2016 01/16-02/16-GEM LAYOUT 101-3007-60461 250.00 UNITED WAY OF THE DESERT 111789 07/15/2016 CONTRIBUTION 101-0000-20981 30.00 VERIZON WIRELESS 111791 07/15/2016 05/11-06/10/16-TICKET WRI 101-2001-61300 44.40 WATERMARK GRANITE LA Q 111792 07/15/2016 07/13/05- PM-10 CASH DEP 101-0000-22810 10,400.00 Fund 101- GENERAL FUND Total: 217,251.68 Fund: 201- GAS TAX FUND ALSCO INC 111727 07/15/2016 07/O1/16- UNIFORM RENTAL 201-7003-60690 94.51 ALSCO INC 111727 07/15/2016 07/08/16- UNIFORM RENTAL 201-7003-60690 94.51 AUTOZONE 111729 07/15/2016 6/29/16-SMALL TOOLS 201-7003-60432 31.90 HOME DEPOT CREDIT SERVIC 111757 07/15/2016 05/31-06/27/16- HOME DEP 201-7003-60430 219.95 HOME DEPOT CREDIT SERVIC 111757 07/15/2016 05/31-06/27/16- HOME DEP 201-7003-60430 951.17 HOME DEPOT CREDIT SERVIC 111757 07/15/2016 05/31-06/27/16- HOME DEP 201-7003-60430 91.26 HOME DEPOT CREDIT SERVIC 111757 07/15/2016 05/31-06/27/16- HOME DEP 201-7003-60431 34.50 HOME DEPOT CREDIT SERVIC 111757 07/15/2016 05/31-06/27/16- HOME DEP 201-7003-60431 46.91 HOME DEPOT CREDIT SERVIC 111757 07/15/2016 05/31-06/27/16- HOME DEP 201-7003-60431 66.90 HOME DEPOT CREDIT SERVIC 111757 07/15/2016 05/31-06/27/16- HOME DEP 201-7003-60431 5.14 HOME DEPOT CREDIT SERVIC 111757 07/15/2016 05/31-06/27/16- HOME DEP 201-7003-60431 37.63 TOPS'N BARRICADES INC 111786 07/15/2016 06/23/16-SIGNS 201-7003-60429 271.19 TOPS'N BARRICADES INC 111786 07/15/2016 06/24/16- SIGNS 201-7003-60429 96.34 Fund 201- GAS TAX FUND Total: 2,041.91 Fund: 202 - LIBRARY FUND COACHELLA VALLEY WATER 111741 07/15/2016 07/11/16- WATER SERVICE 202-3004-61200 26.16 COACHELLA VALLEY WATER 111741 07/15/2016 07/11/16- WATER SERVICE 202-3006-61200 67.27 CONSERVE LANDCARE 111742 07/15/2016 07/16- LANDSCAPE SVC 202-3004-60112 1,575.00 CONSERVE LANDCARE 111742 07/15/2016 07/16- LANDSCAPE SVC 202-3006-60108 1,115.00 GAS COMPANY, THE 111755 07/15/2016 05/23-06/22/16- LIBRARY G 202-3004-61100 15.73 HOME DEPOT CREDIT SERVIC 111757 07/15/2016 05/31-06/27/16- HOME DEP 202-3004-60667 207.35 HOME DEPOT CREDIT SERVIC 111757 07/15/2016 OS/31-06/27/16- HOME DEP 202-3006-60691 170.00 HOME DEPOT CREDIT SERVIC 111757 07/15/2016 05/31-06/27/16- HOME DEP 202-3006-60691 21.16 TELEPACIFIC COMMUNICATI 111784 07/15/2016 06/23-07/22/16-TELEPACIFI 202-3006-61300 47.40 Fund 202 - LIBRARY FUND Total: 3,245.07 Fund: 215 - LIGHTING & LANDSCAPING FUND COACHELLA VALLEY WATER 111741 07/15/2016 07/11/16- WATER SERVICE 215-7004-61211 1,689.52 CONSERVE LANDCARE 111742 07/15/2016 07/16- LANDSCAPE SVC 215-7004-60189 7,665.00 DESERT ELECTRIC SUPPLY 111746 07/15/2016 06/30/16- ELECTRICAL 215-7004-60431 0.55 HIGH TECH IRRIGATION INC 111756 07/15/2016 06/22/16- IRRIG CONTROLLE 215-7004-60431 8,161.04 HIGH TECH IRRIGATION INC 111756 07/15/2016 06/22/16- IRRIGATION PART 215-7004-60431 122.21 HOME DEPOT CREDIT SERVIC 111757 07/15/2016 05/31-06/27/16- HOME DEP 215-7004-60423 152.30 HOME DEPOT CREDIT SERVIC 111757 07/15/2016 05/31-06/27/16- HOME DEP 215-7004-60423 36.31 HOME DEPOT CREDIT SERVIC 111757 07/15/2016 05/31-06/27/16- HOME DEP 215-7004-60431 26.97 HOME DEPOT CREDIT SERVIC 111757 07/15/2016 05/31-06/27/16- HOME DEP 215-7004-60431 104.97 HOME DEPOT CREDIT SERVIC 111757 07/15/2016 05/31-06/27/16- HOME DEP 215-7004-60431 8.60 IMPERIAL IRRIGATION DIST 111759 07/15/2016 07/11/16- ELECTRICITY SERV 215-7004-61116 97.15 IMPERIAL IRRIGATION DIST 111759 07/15/2016 07/11/16- ELECTRICITY SERV 215-7004-61117 27.00 IMPERIAL IRRIGATION DIST 111759 07/15/2016 07/13/16- ELECTRICITY SERV 215-7004-61116 477.81 IMPERIAL IRRIGATION DIST 111759 07/15/2016 07/13/16- ELECTRICITY SERV 215-7004-61117 37.50 KIRKPATRICK LANDSCAPING 111762 07/15/2016 05/13/16- IRRIG CONTROLLE 215-7004-60189 660.00 KIRKPATRICK LANDSCAPING 111762 07/15/2016 06/30/16- LANDSCAPE SVC 215-7004-60189 2,380.00 LASALLE LIGHTING SERVICES 111764 07/15/2016 06/16- LIGHTING MAINT 215-7004-60104 6,930.00 LOWE'S HOME IMPROVEME 111767 07/15/2016 06/16- LOWES 215-7004-60431 2.49 7/18/2016 12:01:17 PM Page 3 of 8 29 Demand Register Packet: APPKT00795 - DA 7/15/16 Vendor Name Payment Number Payment Date Description (Payable) Account Number Amount LOWE'S HOME IMPROVEME 111767 07/15/2016 06/16- LOWES 215-7004-60431 22.53 LOWE'S HOME IMPROVEME 111767 07/15/2016 06/16- LOWES 215-7004-60431 27.69 LOWE'S HOME IMPROVEME 111767 07/15/2016 06/16- LOWES 215-7004-60431 41.28 TELEPACIFIC COMMUNICATI 111784 07/15/2016 06/23-07/22/16- TELEPACIFI 215-7004-60189 47.40 TELEPACIFIC COMMUNICATI 111784 07/15/2016 06/23-07/22/16- TELEPACIFI 215-7004-60189 47.40 WILLDAN FINANCIAL SERVIC 111793 07/15/2016 07/16-09/16-L&LADMIN 215-7004-60102 3,956.87 Fund 215 - LIGHTING & LANDSCAPING FUND Total: 32,722.59 Fund: 218 - CV VIOLENT CRIME TASK FORCE BURRTEC WASTE & RECYCLI 111734 07/15/2016 07/16-trash service 218-0000-61501 85.61 IMPERIAL IRRIGATION -GANG 111760 07/15/2016 05/26-06/27- ELECTRICITY 218-0000-61101 480.76 SANCHEZ, CLARO 111776 07/15/2016 07/07/16- REIMB UNIFORM 218-0000-60690 48.59 TAPP, MICHAEL 111783 07/15/2016 07/07/16- REIMB UNIFORM 218-0000-60690 48.59 Fund 218 - CV VIOLENT CRIME TASK FORCE Total: 663.55 Fund: 224 - TUMF COACHELLA VALLEY ASSOC 0 111739 07/15/2016 06/16-TUMF FEE 224-0000-20320 3,674.88 Fund 224 - TUMF Total: 3,674.88 Fund: 401- CAPITAL IMPROVEMENT PROGRAMS BENGAL ENGINEERING INC 111730 07/15/2016 05/16- DUNE PALMS DESIGN 401-0000-60185 31,678.00 COUNTY OF RIVERSIDE 111743 07/15/2016 07/14/16- DETERMINATION 401-0000-60185 2,310.25 HOME DEPOT CREDIT SERVIC 111757 07/15/2016 05/31-06/27/16- HOME DEP 401-0000-60185 204.22 LOWE'S HOME IMPROVEME 111767 07/15/2016 06/16- LOWES 401-0000-60188 145.10 NAI CONSULTING INC 111769 07/15/2016 06/16- PROFESSIONAL SVC 401-0000-60103 1,182.50 NAI CONSULTING INC 111769 07/15/2016 06/16- PROFESSIONAL SVC 401-0000-60103 1,595.00 NAI CONSULTING INC 111769 07/15/2016 06/16- PROFESSIONAL SVC 401-0000-60103 4,772.50 NAI CONSULTING INC 111769 07/15/2016 06/16- PROFESSIONAL SVC 401-0000-60103 2,817.50 NAI CONSULTING INC 111769 07/15/2016 06/16- PROFESSIONAL SVC 401-0000-60103 14,729.09 NAI CONSULTING INC 111769 07/15/2016 06/16- PROFESSIONAL SVC 401-0000-60103 1,122.50 NAI CONSULTING INC 111769 07/15/2016 06/16- PROFESSIONAL SVC 401-0000-60103 227.50 NAI CONSULTING INC 111769 07/15/2016 06/16- PROFESSIONAL SVC 401-0000-60103 145.00 NAI CONSULTING INC 111769 07/15/2016 06/16- PROFESSIONAL SVC 401-0000-60103 2,755.00 NAI CONSULTING INC 111769 07/15/2016 06/16- PROFESSIONAL SVC 401-0000-60103 5,075.00 NAI CONSULTING INC 111769 07/15/2016 06/16- PROFESSIONAL SVC 401-0000-60103 305.00 NAI CONSULTING INC 111769 07/15/2016 06/16- PROFESSIONAL SVC 401-0000-60103 4,430.00 NAI CONSULTING INC 111769 07/15/2016 06/16- PROFESSIONAL SVC 401-0000-60103 12,232.24 NAI CONSULTING INC 111769 07/15/2016 06/16- PROFESSIONAL SVC 401-0000-60103 2,820.00 NAI CONSULTING INC 111769 07/15/2016 06/16- PROFESSIONAL SVC 401-0000-60103 5,292.50 NAI CONSULTING INC 111769 07/15/2016 06/16- PROFESSIONAL SVC 401-0000-60103 145.00 NAI CONSULTING INC 111769 07/15/2016 06/16- PROFESSIONAL SVC 401-0000-60103 1,287.50 NAI CONSULTING INC 111769 07/15/2016 06/16- PROFESSIONAL SVC 401-0000-60103 177.50 NAI CONSULTING INC 111769 07/15/2016 06/16- PROFESSIONAL SVC 401-0000-60185 870.00 PLANIT REPROGRAPHICS SYS 111772 07/15/2016 06/30/16- LQ PARK RESTR00 401-0000-60188 91.12 URBAN HABITAT ENVIRONM 111790 07/15/2016 06/16- MADISON ST IMPROV 401-0000-60188 86,904.69 Fund 401- CAPITAL IMPROVEMENT PROGRAMS Total: 183,314.71 Fund: 501- EQUIPMENT REPLACEMENT FUELMAN 111752 07/15/2016 06/16- FUEL 501-0000-60674 1,082.34 STONE'S, CAM AUTOMOTIVE 111782 07/15/2016 07/08/16- TRUCKN71 SVC 501-0000-60676 89.60 Fund 501 - EQUIPMENT REPLACEMENT Total: 1,171.94 Fund: 502 - INFORMATION TECHNOLOGY LOWE'S HOME IMPROVEME 111767 07/15/2016 06/16- LOWES 502-0000-60420 95.81 Fund 502 - INFORMATION TECHNOLOGY Total: 95.81 Fund: 503 - PARK EQUIP & FACILITY FND SHARK POOLS INC 111778 07/15/2016 07/08/16- FB POOL PUMP 503-0000-60680 6,399.54 Fund 503 - PARK EQUIP & FACILITY FND Total: 6,399.54 Fund: 601- SILVERROCK RESORT HOME DEPOT CREDIT SERVIC 111757 07/15/2016 05/31-06/27/16- HOME DEP 601-0000-60556 86.96 HOME DEPOT CREDIT SERVIC 111757 07/15/2016 05/31-06/27/16- HOME DEP 601-0000-60556 9.89 HOME DEPOT CREDIT SERVIC 111757 07/15/2016 05/31-06/27/16- HOME DEP 601-0000-60556 144.94 7/18/2016 12:01:17 PM Page 4 of 8 30 Demand Register Vendor Name. Payment Number LOWE'S HOME IMPROVEME 111767 Fund: 735 - 97-1 AGENCY REDEMPTION FUND WILLDAN FINANCIAL SERVIC 111793 Packet: APPKT00795 - DA 7/15/16 Payment Date Description (Payable) Account Number Amount 07/15/2016 06/16- LOWES 601-0000-60660 19.35 Fund 601- SILVERROCK RESORT Total: 261.14 07/15/2016 07/16-09/16- AD97-1 ADMI 735-0000-23410 458.29 Fund 735 - 97-1 AGENCY REDEMPTION FUND Total: 458.29 Grand Total: 451,301.11 7/18/2016 12:01:17 PM 31 Page 5 of 8 Demand Register Packet: APPKT00795 - DA 7/15/16 Fund Summary, Fund 101-GENERAL FUND 201- GAS TAX FUND 202 - LIBRARY FUND 215 - LIGHTING & LANDSCAPING FUND 218 - CV VIOLENT CRIME TASK FORCE 224 - TUMF 401- CAPITAL IMPROVEMENT PROGRAMS 501- EQUIPMENT REPLACEMENT 502 - INFORMATION TECHNOLOGY 503 - PARK EQUIP & FACILITY FND 601- SILVERROCK RESORT 735 - 97-1 AGENCY REDEMPTION FUND Account Number 101-0000-20304 101-0000-20310 101-0000-20949 101-0000-20981 101-0000-20985 101-0000-22810 101-0000-42300 101-0000-43631 101-1001-60320 101-1002-60103 101-1002-60320 101-1002-60400 101-1004-60104 101-1004-60125 101-1004-60400 101-1005-60400 101-1006-60103 101-1006-60320 101-1006-60400 101-1007-60402 101-1007-60662 101-1007-60663 101-1007-61300 101-2001-36310 101-2001-60168 101-2001-60175 101-2001-60176 101-2001-61300 101-2002-60545 101-2002-60670 101-2002-60671 101-2002-61200 101-2002-61300 101-3001-60184 101-3002-61100 101-3003-60420 101-3005-60104 101-3005-60108 101-3005-60113 101-3005-60423 101-3005-60554 101-3005-61204 101-3005-61207 Grand Total: Account Summary Account Name Sales Taxes Payable MSHCP Mitigation Fee LT Care Insurance Pay United Way Deductions Garnishments Payable Developer Deposits Cash Over/Short CVMSHCP Admin Fee Travel & Training Contract Services Travel & Training Office Supplies Consultants Temporary Agency Servi Office Supplies Office Supplies Professional Services Travel & Training Office Supplies Forms Copiers Typewriters Utilities - Telephone Blood/Alcohol Testing School Officer Special Enforcement Fun Sheriff - Other Utilities - Telephone Small Tools & Equipment Fire Station Repair & Maintenance - Utilities - Water Utilities - Telephone Fritz Burns Park Utilities - Gas Operating Supplies Consultants Technical Landscape Improvement Supplies -Graffiti LQ Park Building Utilities - Water -Fritz Bu Utilities - Water -Pioneer Expense Amount 217,251.68 2,041.91 3,245.07 32,722.59 663.55 3,674.88 183,314.71 1,171.94 95.81 6,399.54 261.14 458.29 451,301.11 Expense Amount -41.32 2,602.00 196.05 30.00 325.00 30,825.00 102.60 -26.02 2,635.00 49, 244.00 105.00 0.00 4,820.59 514.80 38.44 447.10 101.03 79.00 41.67 229.47 1,934.46 677.16 1,802.33 577.70 37,776.44 442.68 423.00 44.40 780.43 873.48 -1,084.98 77.17 2,169.90 5,077.40 26.51 84.11 9,516.00 28,575.00 140.73 49.09 1,704.53 47.40 1,063.35 7/18/2016 12:01:17 PM Page 6 of 8 32 Demand Register Packet: APPKT00795 - DA 7/15/16 Account Number 101-3006-60691 101-3007-60461 101-3008-60116 101-3008-60432 101-3008-60665 101-3008-60667 101-3008-60691 101-3008-61100 101-6004-60111 101-6004-60690 101-7006-60104 101-7006-60146 201-7003-60429 201-7003-60430 201-7003-60431 201-7003-60432 201-7003-60690 202-3004-60112 202-3004-60667 202-3004-61100 202-3004-61200 202-3006-60108 202-3006-60691 202-3006-61200 202-3006-61300 215-7004-60102 215-7004-60104 215-7004-60189 215-7004-60423 215-7004-60431 215-7004-61116 215-7004-61117 215-7004-61211 218-0000-60690 218-0000-61101 218-0000-61501 224-0000-20320 401-0000-60103 401-0000-60185 401-0000-60188 501-0000-60674 501-0000-60676 502-0000-60420 503-0000-60680 601-0000-60556 601-0000-60660 735-0000-23410 Project Account Key **None** 06-002E 06-010E 06-030E 091004D 091004P 111205D Account Summary Account Name Repair & Maintenance Marketing & Tourism Pr Pest Control Small Tools/Equipment Maint.-Other Equipment HVAC Repair & Maintenance Utilities - Gas Administrative Citation 5 Uniforms Consultants PM 10 SilverRock Signs Asphalt Materials Small Tools/Equipment Uniforms Landscape Contract HVAC Utilities - Gas Water- Inside Technical Repair & Maintenance Water- Inside Utilities - Telephone Administration Consultants Technical Supplies -Graffiti Materials Utilities - Electric - Signal Utilities - Electric - Medi Utilities - Water - Media Uniforms Electricity Refuse Collection TUMF Payable to CVAG Professional Services Design Construction Fuel & Oil Vehicle Repair & Mainte Operating Supplies Fritz Burns Pool SilverRock Buildings Repair & Maintenance AD Administrative fees Grand Total: Project Account Summary Expense Amount -26.45 250.00 58.20 2,783.58 184.40 -19.42 386.62 68.32 1,540.25 3,170.63 269.45 23,538.40 367.53 1,262.38 191.08 31.90 189.02 1,575.00 207.35 15.73 26.16 1,115.00 191.16 67.27 47.40 3,956.87 6,930.00 10,799.80 188.61 8,518.33 574.96 64.50 1,689.52 97.18 480.76 85.61 3,674.88 61,111.33 35,062.47 87,140.91 1,082.34 89.60 95.81 6,399.54 241.79 19.35 458.29 451,301.11 Expense Amount 237,161.40 10,400.00 3,225.00 17, 200.00 2,310.25 2,820.00 31,678.00 7/18/2016 12:01:17 PM Page 7 of 8 33 Demand Register Packet: APPKT00795 - DA 7/15/16 Project Account Summary Project Account Key Expense Amount 111205P 4,430.00 121307P 12,232.24 131402P 1,287.50 131407CT 145.10 131412CT 91.12 141512P 177.50 151602P 2,817.50 151603P 14,729.09 151604CT 86,904.69 151606P 305.00 151609P 145.00 151611P 4,772.50 151612P 7,830.00 151613 P 227.50 201601 P 1,122.50 201602P 1,182.50 201603P 5,292.50 201604P 145.00 201606P 1,595.00 979802D 870.00 999903D 204.22 Grand Total: 451,301.11 7/18/2016 12:01,17 PM Page 8 of 8 34 Demand Register City of La Quints, CA Packet: APPKT00801 - DA 7/22/16 Jul r'.�f Vendor Name Payment Number Payment Date Description (Payable) Account Number Amount Fund: 101-GENERAL FUND 2XL CORPORATION 111795 07/22/2016 07/06/16- WC GYM WIPES 101-0000-20304 -24.26 2XL CORPORATION 111795 07/22/2016 07/06/16- WC GYM WIPES 101-3002-60420 430.66 ACCOUNTEMPS 111796 07/22/2016 07/01/16-TEMP STAFFING 101-1004-60125 514.80 ACCOUNTEMPS 111796 07/22/2016 07/08/16-TEMP STAFFING 101-1004-60125 421.20 ALLIANT INSURANCE SERVIC 111797 07/22/2016 01/16-06/16- FACILITY RENT 101-3003-60157 367.00 ALTUM GROUP, THE 111799 07/22/2016 02/09/16- LQ VILLAGE EIR 101-6002-60103 9,099.12 ALTUM GROUP, THE 111799 07/22/2016 05/20/16- LQ VILLAGE EIR 101-6002-60103 8,867.62 ALTUM GROUP, THE 111799 07/22/2016 06/03/16- LQ VILLAGE EIR 101-6002-60103 4,335.00 AMERIPRIDE SERVICES INC 111800 07/22/2016 06/23-07/07/16-JANITORIAL 101-3002-60115 133.06 AMSPROTECTME.COM 111801 07/22/2016 07/01-09/30/16-ALARM SEC 101-3002-60123 165.00 AMSPROTECTME.COM 111801 07/22/2016 07/01-09/30/16-ALARM SEC 101-3005-60123 165.00 AMSPROTECTME.COM 111801 07/22/2016 07/01-09/30/16- ALARM SEC 101-3008-60123 330.00 AMSPROTECTME.COM 111801 07/22/2016 07/01-09/30/16-ALARM SEC 101-2002-60670 510.00 AMSPROTECTME.COM 111801 07/22/2016 07/01-09/30/16-ALARM SEC 101-3005-60123 255.00 AMSPROTECTME.COM 111801 07/22/2016 07/01-09/30/16-ALARM SEC 101-3008-60123 255.00 BIO CLEAR WATER SOLUTION 111802 07/22/2016 06/16- CC LAKE MAINT 101-3005-60117 757.50 CHAUDHRY, ELIZABETH 111803 07/22/2016 06/29/16- FITNESS REIMB 101-1004-60104 40.00 CITY OF INDIO 111804 07/22/2016 07/O1/16- FY16/17 CONTRIB 101-1002-60103 10,000.00 COACHELLA VALLEY WATER 111806 07/22/2016 07/14/16- WATER SERVICE 101-2002-61200 717.59 COACHELLA VALLEY WATER 111806 07/22/2016 07/14/16- WATER SERVICE 101-3005-61204 81.97 COACHELLA VALLEY WATER 111806 07/22/2016 07/14/16- WATER SERVICE 101-3005-61208 19.00 COACHELLA VALLEY WATER 111806 07/22/2016 07/14/16- WATER SERVICE 101-3005-61209 108.65 COACHELLA VALLEY WATER 111806 07/22/2016 07/14/16- WATER SERVICE 101-3008-61200 51.50 COACHELLA VALLEY WATER 111806 07/22/2016 07/14/16- WATER SERVICE 101-7006-60146 92.22 COACHELLA VALLEY WATER 111806 07/22/2016 07/14/16- WATER SERVICE 101-2002-61200 147.82 COACHELLA VALLEY WATER 111806 07/22/2016 07/14/16- WATER SERVICE 101-3005-61203 101.88 COACHELLA VALLEY WATER 111806 07/22/2016 07/14/16- WATER SERVICE 101-3005-61205 58.20 COACHELLA VALLEY WATER 111806 07/22/2016 07/14/16- WATER SERVICE 101-3005-61206 208.30 CONSERVE LANDCARE 111807 07/22/2016 07/06/16- CIVIC CENTER PLA 101-3005-60113 43.00 COUNTY OF RIVERSIDE 111808 07/22/2016 07/O1/16- LAFCO FY17 FEES 101-2001-60175 6,257.48 CSMFO 111810 07/22/2016 08/30/16- CSMFO TRAINING 101-1006-60320 150.00 CSMFO 111810 07/22/2016 08/30/16- CSMFO MEMBERS 101-1006-60351 55.00 DATA TICKET, INC. 111812 07/22/2016 06/16- PARKING CITATION PR 101-6004-60111 514.49 DATA TICKET, INC. 111812 07/22/2016 06/16- CODE CITATION PROC 101-6004-60111 200.00 DEPARTMENT OF JUSTICE 111813 07/22/2016 06/16- BLOOD ALCOHOL 101-2001-36310 70.00 DEPARTMENT OF JUSTICE 111813 07/22/2016 10/15- BLOOD ALCOHOL 101-2001-36310 35.00 DESERT ELECTRIC SUPPLY 111815 07/22/2016 04/05/16- LAMP REPLACEM 101-3005-60424 54.77 DESERT SANDS EDUCATION F 111816 07/22/2016 07/05/16- DSUSD SPONSORS 101-1001-60320 2,500.00 DESERT SANDS UNIFIED SCH 111817 07/22/2016 03/31-05/25/16-SCHOOL OF 101-2001-60168 37,776.44 DESERT SUN PUBLISHING CO 111818 07/22/2016 05/30/-06/26/16- ADS 101-6001-60450 218.00 DESERT SUN PUBLISHING CO 111818 07/22/2016 05/30/-06/26/16- ADS 101-6001-60450 358.00 DESERT SUN PUBLISHING CO 111818 07/22/2016 05/30/-06/26/16- ADS 101-6001-60450 462.00 DESERT SUN PUBLISHING CO 111818 07/22/2016 05/30/-06/26/16-ADS 101-6001-60450 218.00 DESERT WINDOW TREATME 111819 07/22/2016 07/12/16- REFUND OVERPAY 101-0000-42300 50.00 ESGIL CORPORATION 111820 07/22/2016 06/16- BLDG PLAN CHECK 101-6003-60118 3,063.22 FEDEX 111821 07/22/2016 07/08/16- OVERNIGHT MAIL 101-1007-60470 28.16 FRONTIER COMMUNICATION 111822 07/22/2016 06/25/-07/24/16- INTERNET 101-1007-61300 79.99 GALLS LLC 111823 07/22/2016 06/27/16- NAMEPLATES 101-2001-60109 9.72 GAS COMPANY, THE 111824 07/22/2016 05/31-06/29/16- FS#93 GAS 101-2002-61100 69.38 GOLDEN TOUCH CLEANING 1 111825 07/22/2016 06/16- JANITORIAL SERVICE 101-3002-60115 1,795.00 GOLDEN TOUCH CLEANING 1 111825 07/22/2016 06/16- JANITORIAL SERVICE 101-3003-60157 200.00 GOLDEN TOUCH CLEANING 1 111825 07/22/2016 06/16- JANITORIAL SERVICE 101-3005-60115 600.00 GOLDEN TOUCH CLEANING 111825 07/22/2016 06/16- JANITORIAL SERVICE 101-3008-60115 3,940.00 7/25/2016 2:05:06 PM Page 1 of 8 35 Demand Register Packet: APPKT00801- DA 7/22/16 Vendor Name Payment Numller Payment Date Description (Payable) Account Number Amount GRAPHTEK INTERACTIVE 111826 07/22/2016 07/16-DULY RETAINER 101-3007-60461 11,500.00 HEARTSMART.COM 111827 07/22/2016 06/21/16- AED PARTS 101-2002-60107 598.00 HERNANDEZ, MICHAEL 111829 07/22/2016 07/11/16- CADET ACADEMY 101-2001-60175 211.05 HR GREEN CALIFORNIA INC 111830 07/22/2016 06/16- PLAN CHECK SVC 101-7002-60183 3,486.25 INTERNATIONAL NAMEPLATE 111831 07/22/2016 03/07/16- POLICE CAR GRAP 101-2001-60420 962.05 JAS PACIFIC INC 111832 07/22/2016 06/16- BLDG PLAN CHECK 101-6003-60118 8,872.50 LA CLAIR, DAVID 111836 07/22/2016 07/10/16- FIREMAN MEALS 101-2002-60670 281.36 LA PRENSA HISPANA 111837 07/22/2016 07/15/16- PUBLIC NOTICE 101-1005-60450 480.00 LA QUINTA CHAMBER OF CO 111838 07/22/2016 07/16- GEM ADS 101-3007-60461 2,916.64 LOCK SHOP INC, THE 111839 07/22/2016 07/05/16- CREDIT 101-3005-60554 -240.80 LOCK SHOP INC, THE 111839 07/22/2016 06/29/16- LQ PARK ALARM D 101-3005-60554 105.20 LOCK SHOP INC, THE 111839 07/22/2016 07/08/16- LQ PARK BATHRO 101-3005-60554 146.10 LOCK SHOP INC, THE 111839 07/22/2016 07/11/16- KEYS 101-3005-60554 20.74 MOTION PICTURE LICENSING 111840 07/22/2016 07/01/16- MEMBERSHIP DU 101-3002-60351 267.67 NI GOVERNMENT SERVICES 1 111842 07/22/2016 06/16-T1 CITY HALL 101-2001-61300 154.75 O'BRIEN, ALICIA 111843 07/22/2016 06/18/16- CPR CLASS 101-3003-60320 110.00 OFFICE DEPOT 111844 07/22/2016 06/23/16- OFFICE SUPPLIES 101-1001-60420 30.60 OFFICE DEPOT 111844 07/22/2016 06/23/16- OFFICE SUPPLIES 101-1005-60400 155.95 OFFICE DEPOT 111844 07/22/2016 06/23/16- OFFICE SUPPLIES 101-1005-60420 198.10 OFFICE DEPOT 111844 07/22/2016 06/28/16- OFFICE SUPPLIES 101-1005-60400 143.83 OFFICE DEPOT 111844 07/22/2016 06/27/16- OFFICE SUPPLIES 101-1001-60400 25.89 OFFICE DEPOT 111844 07/22/2016 06/28/16- PAPER 101-1007-60402 172.32 ONTRAC 111845 07/22/2016 07/02/16- OVERNIGHT MAIL 101-1007-60470 35.69 PACIFIC WEST AIR CONDITIO 111846 07/22/2016 07/05/16- CHAMBER HVAC S 101-3008-60667 357.00 PLANIT REPROGRAPHICS SYS 111848 07/22/2016 07/18/16- 16/17 BUDGETS 101-1006-60410 1,173.50 PLUG & PAY TECHNOLOGIES 1 111849 07/22/2016 06/16- CREDIT CARD FEES 101-3003-60122 22.80 PRINTING PLACE, THE 111850 07/22/2016 06/30/16- ENVELOPES 101-1007-60402 199.80 PRYOR SEMINARS, FRED 111851 07/22/2016 07/13/16-TRAINING LEONA 101-7001-60320 249.00 RASA/ERIC NELSON 111853 07/22/2016 07/11/16- LLA 2016-0005 101-7002-60183 520.00 RIVERSIDE COUNTY SHERIFF 111854 07/22/2016 04/16- POLICE SERVICE 101-2001-60161 647,985.76 RIVERSIDE COUNTY SHERIFF 111854 07/22/2016 04/16- POLICE SERVICE 101-2001-60162 29,577.03 RIVERSIDE COUNTY SHERIFF 111854 07/22/2016 04/16- POLICE SERVICE 101-2001-60163 157,015.60 RIVERSIDE COUNTY SHERIFF 111854 07/22/2016 04/16- POLICE SERVICE 101-2001-60164 46,952.94 RIVERSIDE COUNTY SHERIFF 111854 07/22/2016 04/16- POLICE SERVICE 101-2001-60166 10,945.50 RIVERSIDE COUNTY SHERIFF 111854 07/22/2016 04/16- POLICE SERVICE 101-2001-60167 11,675.20 RIVERSIDE COUNTY SHERIFF 111854 07/22/2016 04/16- POLICE SERVICE 101-2001-60169 82,245.60 RIVERSIDE COUNTY SHERIFF 111854 07/22/2016 04/16- POLICE SERVICE 101-2001-60170 31,046.50 RIVERSIDE COUNTY SHERIFF 111854 07/22/2016 04/16- POLICE SERVICE 101-2001-60171 18,120.00 RIVERSIDE COUNTY SHERIFF 111854 07/22/2016 04/16- POLICE SERVICE 101-2001-60172 37,949.29 RIVERSIDE COUNTY SHERIFF 111855 07/22/2016 04/16- FINGERPRINTS PT STA 101-1004-60103 60.00 RIVERSIDE COUNTY SHERIFF 111856 07/22/2016 05/16- POLICE SERVICE 101-2001-60161 581,315.01 RIVERSIDE COUNTY SHERIFF 111856 07/22/2016 05/16- POLICE SERVICE 101-2001-60162 15,222.44 RIVERSIDE COUNTY SHERIFF 111856 07/22/2016 05/16- POLICE SERVICE 101-2001-60163 148,363.72 RIVERSIDE COUNTY SHERIFF 111856 07/22/2016 05/16- POLICE SERVICE 101-2001-60165 46,017.49 RIVERSIDE COUNTY SHERIFF 111856 07/22/2016 05/16- POLICE SERVICE 101-2001-60166 11,675.20 RIVERSIDE COUNTY SHERIFF 111856 07/22/2016 05/16- POLICE SERVICE 101-2001-60167 11,675.20 RIVERSIDE COUNTY SHERIFF 111856 07/22/2016 05/16- POLICE SERVICE 101-2001-60169 85,026.80 RIVERSIDE COUNTY SHERIFF 111856 07/22/2016 05/16- POLICE SERVICE 101-2001-60170 31,046.50 RIVERSIDE COUNTY SHERIFF 111856 07/22/2016 05/16- POLICE SERVICE 101-2001-60171 18,120.00 RIVERSIDE COUNTY SHERIFF 111856 07/22/2016 05/16- POLICE SERVICE 101-2001-60172 31,693.20 RIVERSIDE COUNTY SHERIFF 111857 07/22/2016 06/16- JAIL ACCESS FEE 101-2001-36280 11,835.34 RJW NOTARY PUBLIC 111858 07/22/2016 06/16-06/30/16- INST FINGE 101-3002-60107 171.00 RJW NOTARY PUBLIC 111858 07/22/2016 INSTRUCTOR FINGERPRINTIN 101-3002-60107 47.00 RJW NOTARY PUBLIC 111858 07/22/2016 INSTRUCTOR FINGERPRINGTI 101-1004-60103 -47.00 RODARTE, MOISES 111859 07/22/2016 06/24/16- FITNESS REIMB 101-1004-60104 40.00 ROYAL GYM SERVICES 111860 07/22/2016 07/16- GYM MAINT 101-3002-60420 315.00 SALINAS, JACINTO 111861 07/22/2016 07/05/16- CLASS REFUND 101-0000-42200 55.00 SCHERER, WILLIAM 111862 07/22/2016 07/11/16- REFUND OVERPAY 101-0000-42300 3.00 SHADE STRUCTURES, INC 111863 07/22/2016 07/12/16- REFUND OVERPAY 101-0000-42300 18.00 SHRED -IT USA-SANBERNAD 111864 07/22/2016 02/03/16- SCH RED SVC 101-2001-60109 17.95 7/25/2016 2:05:06 PM Page 2 of 8 36 Demand Register Packet: APPKT00801- DA 7/22/16 Vendor Name Payment Number Payment Date Description (Payable) , Account Number Amount SMITH PIPE & SUPPLY CO 111865 07/22/2016 06/30/16- MAIN LINE REPAIR 101-3005-60424 48.55 STAPLES ADVANTAGE 111867 07/22/2016 06/18/16- OFFICE SUPPLIES 101-1002-60400 83.36 STAPLES ADVANTAGE 111867 07/22/2016 06/18/16- OFFICE SUPPLIES 101-1004-60400 153.89 STAPLES ADVANTAGE 111867 07/22/2016 06/18/16- OFFICE SUPPLIES 101-6004-60400 60.25 STAPLES ADVANTAGE 111867 07/22/2016 06/24/16- EOC OUTREACH 101-2002-60671 1,360.21 STAPLES ADVANTAGE 111867 07/22/2016 06/28/16- OFFICE SUPPLIES 101-6004-60400 22.13 STAPLES ADVANTAGE 111867 07/22/2016 06/30/16- OFFICE SUPPLIES 101-1002-60400 194.29 STAPLES ADVANTAGE 111867 07/22/2016 07/01/16- OFFICE SUPPLIES 101-1002-60400 10.25 STAPLES ADVANTAGE 111867 07/22/2016 06/16/16- CREDIT 101-1002-60400 -64.79 STAPLES ADVANTAGE 111867 07/22/2016 07/01/16- OFFICE SUPPLIES 101-1004-60400 22.72 STAPLES ADVANTAGE 111867 07/22/2016 07/01/16- OFFICE SUPPLIES 101-3001-60400 12.95 STAPLES ADVANTAGE 111867 07/22/2016 07/O1/16- OFFICE SUPPLIES 101-6004-60400 188.94 STAPLES ADVANTAGE 111867 07/22/2016 07/01/16- OFFICE SUPPLIES 101-3001-60400 37.15 STAPLES ADVANTAGE 111867 07/22/2016 07/07/16- STORAGE CABINE 101-6004-60400 431.99 STAPLES ADVANTAGE 111867 07/22/2016 07/07/16- OFFICE SUPPLIES 101-1006-60400 208.25 SUNLINE TRANSIT AGENCY 111869 07/22/2016 06/16- BUS PASSES 101-0000-20305 1,218.50 SUNLINE TRANSIT AGENCY 111869 07/22/2016 06/16- BUS PASSES 101-0000-42301 -59.25 TRULY NOLEN INC 111872 07/22/2016 07/16-06/17- PEST CONTRO 101-3008-60116 775.20 TRULY NOLEN INC 111872 07/22/2016 06/27/16- BEE HIVE REMOV 101-3005-60104 150.00 TRULY NOLEN INC 111872 07/22/2016 06/29/16- BEE HIVE REMOV 101-3005-60104 150.00 US AIR CONDITIONING DISTR 111873 07/22/2016 07/11/16- AC REPAIR 101-3008-60667 17.57 VERIZON WIRELESS 111875 07/22/2016 OS/26-06/25- LQPD WIRELES 101-1007-61301 1,163.78 WELLS FARGO BUSINESS CAR 111878 07/22/2016 07/16- VISA CARD PAYMENT 101-1001-60320 31.95 WELLS FARGO BUSINESS CAR 111878 07/22/2016 07/16- VISA CARD PAYMENT 101-1001-60320 525.00 WELLS FARGO BUSINESS CAR 111878 07/22/2016 07/16- VISA CARD PAYMENT 101-1001-60320 33.26 WELLS FARGO BUSINESS CAR 111878 07/22/2016 07/16- VISA CARD PAYMENT 101-1001-60320 525.00 WELLS FARGO BUSINESS CAR 111878 07/22/2016 07/16- VISA CARD PAYMENT 101-1001-60320 525.00 WELLS FARGO BUSINESS CAR 111878 07/22/2016 07/16- VISA CARD PAYMENT 101-1001-60320 34.97 WELLS FARGO BUSINESS CAR 111878 07/22/2016 07/16- VISA CARD PAYMENT 101-1001-60320 38.37 WELLS FARGO BUSINESS CAR 111878 07/22/2016 07/16- VISA CARD PAYMENT 101-1001-60320 525.00 WELLS FARGO BUSINESS CAR 111878 07/22/2016 07/16- VISA CARD PAYMENT 101-1001-60320 115.56 WELLS FARGO BUSINESS CAR 111878 07/22/2016 07/16- VISA CARD PAYMENT 101-1001-60320 525.00 WELLS FARGO BUSINESS CAR 111878 07/22/2016 07/16- VISA CARD PAYMENT 101-1001-60320 28.20 WELLS FARGO BUSINESS CAR 111878 07/22/2016 07/16- VISA CARD PAYMENT 101-1002-60320 440.00 WELLS FARGO BUSINESS CAR 111878 07/22/2016 07/16- VISA CARD PAYMENT 101-1002-60320 525.00 WELLS FARGO BUSINESS CAR 111878 07/22/2016 07/16- VISA CARD PAYMENT 101-1002-60320 473.45 WELLS FARGO BUSINESS CAR 111878 07/22/2016 07/16- VISA CARD PAYMENT 101-1004-60320 25.00 WELLS FARGO BUSINESS CAR 111878 07/22/2016 07/16- VISA CARD PAYMENT 101-1004-60320 40.00 WELLS FARGO BUSINESS CAR 111878 07/22/2016 07/16- VISA CARD PAYMENT 101-1004-60320 148.66 WELLS FARGO BUSINESS CAR 111878 07/22/2016 07/16- VISA CARD PAYMENT 101-1004-60320 25.00 WELLS FARGO BUSINESS CAR 111878 07/22/2016 07/16- VISA CARD PAYMENT 101-1004-60351 135.00 WELLS FARGO BUSINESS CAR 111878 07/22/2016 07/16- VISA CARD PAYMENT 101-1004-60450 420.00 WELLS FARGO BUSINESS CAR 111878 07/22/2016 07/16- VISA CARD PAYMENT 101-1006-60102 151.75 WELLS FARGO BUSINESS CAR 111878 07/22/2016 07/16- VISA CARD PAYMENT 101-3001-60351 106.92 WELLS FARGO BUSINESS CAR 111878 07/22/2016 07/16- VISA CARD PAYMENT 101-3007-60352 50.00 WELLS FARGO BUSINESS CAR 111878 07/22/2016 07/16- VISA CARD PAYMENT 101-3008-60432 27.26 WELLS FARGO BUSINESS CAR 111878 07/22/2016 07/16- VISA CARD PAYMENT 101-6001-60400 43.68 WELLS FARGO BUSINESS CAR 111878 07/22/2016 07/16- VISA CARD PAYMENT 101-6004-60425 129.57 WELLS FARGO BUSINESS CAR 111878 07/22/2016 07/16- VISA CARD PAYMENT 101-7006-53040 234.00 YOUNG ENGINEERING SVC 111879 07/22/2016 06/30/16- PLAN CHECK SVC 101-6003-60118 11,095.00 Fund 101- GENERAL FUND Total: 2,219,460.28 Fund: 201- GAS TAX FUND ALSCO INC 111798 07/22/2016 07/15/16- UNIFORM RENTAL 201-7003-60690 94.51 AMSPROTECTME.COM 111801 07/22/2016 07/01-09/30/16-ALARM SEC 201-7003-60123 165.00 HEARTSMART.COM 111827 07/22/2016 06/02/16-AED KIT 201-7003-60427 -1,382.00 KRIBBS, BRUCE 111835 07/22/2016 07/07/16- RONDO AVE PUM 201-7003-60672 3,650.00 MOWERS PLUS INC 111841 07/22/2016 07/13/16- SUPPLY/MATERIAL 201-7003-60431 44.68 Fund 201- GAS TAX FUND Total: 2,572.19 Fund: 202 - LIBRARY FUND AMSPROTECTME.COM 111801 07/22/2016 07/01-09/30/16-ALARM SEC 202-3004-60123 165.00 7/25/2016 2:05:06 PM Page 3 of 8 37 Demand Register Packet: APPKT00801- DA 7/22/16 Vendor Name Payment Number Payment Date Description (Payable) Account Number Amount AMSPROTECTME.COM 111801 07/22/2016 07/01-09/30/16-ALARM SEC 202-3006-60123 75.00 AMSPROTECTME.COM 111801 07/22/2016 07/01-09/30/16- ALARM SEC 202-3004-60123 255.00 AMSPROTECTME.COM 111801 07/22/2016 07/01-09/30/16-ALARM SEC 202-3006-60123 255.00 COACHELLA VALLEY WATER 111806 07/22/2016 07/14/16- WATER SERVICE 202-3004-61200 95.17 GOLDEN TOUCH CLEANING I 111825 07/22/2016 06/16- JANITORIAL SERVICE 202-3004-60115 1,900.00 GOLDEN TOUCH CLEANING 1 111825 07/22/2016 06/16- JANITORIAL SERVICE 202-3006-60115 550.00 LOCK SHOP INC, THE 111839 07/22/2016 07/11/16- KEYS 202-3004-60665 11.66 Fund 202 - LIBRARY FUND Total: 3,306.83 Fund: 212 - SLESF (COPS) FUND RIVERSIDE COUNTY SHERIFF 111854 07/22/2016 04/16- POLICE SERVICE 212-0000-60178 6,550.24 RIVERSIDE COUNTY SHERIFF 111854 07/22/2016 04/16- POLICE SERVICE 212-0000-60179 24,279.20 RIVERSIDE COUNTY SHERIFF 111856 07/22/2016 05/16- POLICE SERVICE 212-0000-60179 9,595.84 Fund 212 - SLESF (COPS) FUND Total: 40,425.28 Fund: 215 - LIGHTING & LANDSCAPING FUND COACHELLA VALLEY WATER 111806 07/22/2016 07/14/16- WATER SERVICE 215-7004-61211 3,180.68 CONSERVE LANDCARE 111807 07/22/2016 07/16- LANDSCAPE MAINT 215-7004-60189 35,491.48 DESERT ELECTRIC SUPPLY 111815 07/22/2016 07/05/16- ELECTRICAL 215-7004-60431 135.48 DESERT ELECTRIC SUPPLY 111815 07/22/2016 07/05/16- ELECTRICAL 215-7004-60431 183.25 FRONTIER COMMUNICATION 111822 07/22/2016 07/07-08/06/16- PHONE SVC 215-7004-61116 139.81 FRONTIER COMMUNICATION 111822 07/22/2016 06/25-07/24/16-TRFF CABIN 215-7004-61116 80.43 HEARTSMART.COM 111827 07/22/2016 06/02/16- AED KIT 215-7004-60431 1,382.00 SMITH PIPE & SUPPLY CO 111865 07/22/2016 07/01/16- IRRIGATION 215-7004-60431 82.10 TRULY NOLEN INC 111872 07/22/2016 06/29/16- BEE HIVE REMOV 215-7004-60431 150.00 WALTERS WHOLESALE ELECT 111877 07/22/2016 07/12/16- ELECTRICAL MATE 215-7004-60431 1,267.10 WALTERS WHOLESALE ELECT 111877 07/22/2016 07/12/16- ELECTRICAL MATE 215-7004-60431 725.76 WALTERS WHOLESALE ELECT 111877 07/22/2016 07/12/16- ELECTRICAL MATE 215-7004-60431 47.37 Fund 215 - LIGHTING & LANDSCAPING FUND Total: 42,865.46 Fund: 218 - CV VIOLENT CRIME TASK FORCE KIBBEY, EVAN 111834 07/22/2016 06/16/15- VEST MODS KIBBE 218-0000-60690 74.52 KIBBEY, EVAN 111834 07/22/2016 06/19/16- UNIFORM PANTS 218-0000-60690 128.52 Fund 218 - CV VIOLENT CRIME TASK FORCE Total: 203.04 Fund: 237 - SUCCESSOR AGCY PA 1 ADMIN US BANK 111874 07/22/2016 06/24/16- FA 2011 ANN-L AD 237-9001-60104 1,650.00 US BANK 111874 07/22/2016 06/24/16-ADMIN 2011 SERI 237-9001-60104 1,650.00 Fund 237 - SUCCESSOR AGCY PA 1 ADMIN Total: 3,300.00 Fund: 401- CAPITAL IMPROVEMENT PROGRAMS CITY OF INDIO 111804 07/22/2016 06/01/16- AGENCY REIMB/S 401-0000-60510 500,000.00 COACHELLA VALLEY ASSOC 0 111805 07/22/2016 06/30/16-JEFFERSON/110 10 401-0000-60188 53,938.23 CV PIPELINE CORP 111811 07/22/2016 07/08/16- SEWER VIDEO 201 401-0000-60188 300.00 HERMANN DESIGN GROUP I 111828 07/22/2016 06/16- DESIGN SVC 401-0000-60185 215.00 HERMANN DESIGN GROUP I 111828 07/22/2016 06/16- DESIGN SVC 401-0000-60185 215.00 JTB SUPPLY CO., INC. 111833 07/22/2016 07/13/16- KNOCKDOWN SA 401-0000-60188 1,321.48 PLANT REPROGRAPHICS SYS 111848 07/22/2016 07/11/16- BLDG PLANS/SPEC 401-0000-60188 565.85 Fund 401- CAPITAL IMPROVEMENT PROGRAMS Total: 556,555.56 Fund: 501- EQUIPMENT REPLACEMENT CRYSTAL CHRYSLER JEEP DO 111809 07/22/2016 06/15/16- TRUCK #43 SVC 501-0000-60676 186.51 RAN AUTO DETAIL 111852 07/22/2016 07/10/16- CAR WASH 501-0000-43430 675.00 SOUTHERN CALIFORNIA GAS 111866 07/22/2016 06/01-07/01/16- NGV SWEE 501-0000-60678 303.37 TOWER ENERGY GROUP 111871 07/22/2016 06/16-06/30/16- DIESEL FUE 501-0000-60674 2,027.15 Fund 501- EQUIPMENT REPLACEMENT Total: 3,192.03 Fund: 502 - INFORMATION TECHNOLOGY 12MILESOUT.COM 111794 07/22/2016 06/16- COUNCIL MTG VIDEO 502-0000-60104 800.00 DESERT CA M INC 111814 07/22/2016 07/07/16- COUNCIL MTG VI 502-0000-60104 157.50 PCMG INC 111847 07/22/2016 07/12/16- VMWARE RENEW 502-0000-60301 4,449.00 PLUG & PAY TECHNOLOGIES I 111849 07/22/2016 06/16- CREDIT CARD FEES 502-0000-60122 20.00 STAPLES ADVANTAGE 111867 07/22/2016 07/02/16- OFFICE SUPPLIES 502-0000-80103 13.60 SUNGARD PUBLIC SECTOR IN 111868 07/22/2016 03/18/16- EXPORT MODIFIC 502-0000-60301 400.00 TIME WARNER CABLE 111870 07/22/2016 07/10-08/09/16- CITY HALL I 502-0000-61400 1,560.00 7/25/2016 2:05:06 PM Page 4 of 8 38 Demand Register Packet: APPKT00801- DA 7/22/16 Vendor Name Payment Number Payment Date Description (Payable) Account Number , Amount TIME WARNER CABLE 111870 07/22/2016 07/13-08/12/16- WC CABLE 502-0000-61400 129.38 VISION INTERNET PROVIDER 111876 07/22/2016 07/19/16-ADDENDUM DSG 502-0000-60301 14,967.00 WELLS FARGO BUSINESS CAR 111878 07/22/2016 07/16- VISA CARD PAYMENT 502-0000-60421 19.99 Fund 502 - INFORMATION TECHNOLOGY Total: _ 22,516.47 Grand Total: 2,894,397.14 7/25/2016 2:05:06 PM Page 5 of 8 39 Demand Register Packet: APPKT00801 - DA 7/22/16 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 401 - CAPITAL IMPROVEMENT PROGRAMS 501- EQUIPMENT REPLACEMENT 502 - INFORMATION TECHNOLOGY Account Number 101-0000-20304 101-0000-20305 101-0000-42200 101-0000-42300 101-0000-42301 101-1001-60320 101-1001-60400 101-1001-60420 101-1002-60103 101-1002-60320 101-1002-60400 101-1004-60103 101-1004-60104 101-1004-60125 101-1004-60320 101-1004-60351 101-1004-60400 101-1004-60450 101-1005-60400 101-1005-60420 101-1005-60450 101-1006-60102 101-1006-60320 101-1006-60351 101-1006-60400 101-1006-60410 101-1007-60402 101-1007-60470 101-1007-61300 101-1007-61301 101-2001-36280 101-2001-36310 101-2001-60109 101-2001-60161 101-2001-60162 101-2001-60163 101-2001-60164 101-2001-60165 101-2001-60166 101-2001-60167 101-2001-60168 101-2001-60169 101-2001-60170 101-2001-60171 101-2001-60172 Grand Total: Account Summary Account Name Sales Taxes Payable Due to SunLine Leisure Enrichment Cash Over/Short Miscellaneous Revenue Travel & Training Office Supplies Operating Supplies Contract Services Travel & Training Office Supplies Professional Services Consultants Temporary Agency Servi Travel &Training Membership Dues Office Supplies Advertising Office Supplies Operating Supplies Advertising Administration Travel & Training Membership Dues Office Supplies Printing Forms Postage Utilities - Telephone Mobile/Cell Phones Booking Fees Blood/Alcohol Testing LQ Police Volunteers Sheriff - Patrol Patrol Deputy Overtime Target Team Community Services Offi Special Enforcement/Hu Gang Task Force Narcotics Task Force School Officer Motor Officer Dedicated Sargeant Dedicated Lieutenant Sheriff - Mileage Expense Amount 2,219,460.28 2,572.19 3,306.83 40,425.28 42,865.46 203.04 3,300.00 556,555.56 3,192.03 22,516.47 2,894,397.14 Expense Amount -24.26 1,218.50 55.00 71.00 -59.25 5,407.31 25.89 30.60 10,000.00 1,438.45 223.11 13.00 80.00 936.00 238.66 135.00 176.61 420.00 299.78 198.10 480.00 151.75 150.00 55.00 208.25 1,173.50 372.12 63.85 79.99 1,163.78 11,835.34 105.00 27.67 1,229,300.77 44,799.47 305,379.32 46,952.94 46,017.49 22,620.70 23,350.40 37,776.44 167,272.40 62,093.00 36,240.00 69,642.49 7/25/2016 2:05:06 PM Page 6 of 8 40 Demand Register Packet: APPKT00801- DA 7/22/16 Account Summary Account Number Account Name Expense Amount 101-2001-60175 Special Enforcement Fun 6,468.53 101-2001-60420 Operating Supplies 962.05 101-2001-61300 Utilities -Telephone 154.75 101-2002-60107 Instructors 598.00 101-2002-60670 Fire Station 791.36 101-2002-60671 Repair & Maintenance - 1,360.21 101-2002-61100 Utilities - Gas 69.38 101-2002-61200 Utilities - Water 865.41 101-3001-60351 Membership Dues 106.92 101-3001-60400 Office Supplies 50.10 101-3002-60107 Instructors 218.00 101-3002-60115 Janitorial 1,928.06 101-3002-60123 Security & Alarm 165.00 101-3002-60351 Membership Dues 267.67 101-3002-60420 Operating Supplies 745.66 101-3003-60122 Credit Card Fees 22.80 101-3003-60157 Rental Expense 567.00 101-3003-60320 Travel &Training 110.00 101-3005-60104 Consultants 300.00 101-3005-60113 Landscape Improvement 43.00 101-3005-60115 Janitorial 600.00 101-3005-60117 Civic Center Lake Mainte 757.50 101-3005-60123 Security & Alarm 420.00 101-3005-60424 Materials - Irrigation & L 103.32 101-3005-60554 LQ Park Building 31.24 101-3005-61203 Utilities - Water -Eisenho 101.88 101-3005-61204 Utilities - Water -Fritz Bu 81.97 101-3005-61205 Utilities - Water -Velasco 58.20 101-3005-61206 Utilities - Water -Desert 208.30 101-3005-61208 Utilities - Water -Season 19.00 101-3005-61209 Utilities - Water -Commu 108.65 101-3007-60352 Subscriptions & Publicati 50.00 101-3007-60461 Marketing & Tourism Pr 14,416.64 101-3008-60115 Janitorial 3,940.00 101-3008-60116 Pest Control 775.20 101-3008-60123 Security & Alarm 585.00 101-3008-60432 Small Tools/Equipment 27.26 101-3008-60667 HVAC 374.57 101-3008-61200 Utilities - Water 51.50 101-6001-60400 Office Supplies 43.68 101-6001-60450 Advertising 1,256.00 101-6002-60103 Professional Services 22,301.74 101-6003-60118 Plan Checks 23,030.72 101-6004-60111 Administrative Citation S 714.49 101-6004-60400 Office Supplies 703.31 101-6004-60425 Supplies - Field 129.57 101-7001-60320 Travel & Training 249.00 101-7002-60183 Map/Plan Checking 4,006.25 101-7006-53040 Subscriptions & Publicati 234.00 101-7006-60146 PM 10 SilverRock 92.22 201-7003-60123 Security & Alarm 165.00 201-7003-60427 Safety Gear -1,382.00 201-7003-60431 Materials 44.68 201-7003-60672 Storm Drains 3,650.00 201-7003-60690 Uniforms 94.51 202-3004-60115 Janitorial 1,900.00 202-3004-60123 Security & Alarm 420.00 202-3004-60665 Maint-Other Equipment 11.66 7/25/2016 2:05:06 PIN Page 7 of 8 41 Demand Register Packet: APPKT00801- DA 7/22/16 Account Summary Account Number Account Name 202-3004-61200 Water- Inside 202-3006-60115 Janitorial 202-3006-60123 Security & Alarm 212-0000-60178 COPS Robbery Preventio 212-0000-60179 COPS Burglary/Theft Pre 215-7004-60189 Technical 215-7004-60431 Materials 215-7004-61116 Utilities - Electric - Signal 215-7004-61211 Utilities - Water - Media 218-0000-60690 Uniforms 237-9001-60104 Consultants 401-0000-60185 Design 401-0000-60188 Construction 401-0000-60510 Contingency 501-0000-43430 Car Washes 501-0000-60674 Fuel & Oil 501-0000-60676 Vehicle Repair & Mainte 501-0000-60678 Street Sweeper 502-0000-60104 Consultants 502-0000-60122 Credit Card Fee 502-0000-60301 Software Licenses 502-0000-60421 Supplies - Software 502-0000-61400 Utilities - Cable 502-0000-80103 Computers Grand Total: Project Account Key **None** 091002CG 121307CT 131407CT 131412CT 151605D 151613D 999902CT Project Account Summary Grand Total: Expense Amount 95.17 550.00 330.00 6,550.24 33,875.04 35,491.48 3,973.06 220.24 3,180.68 203.04 3,300.00 430.00 56,125.56 500,000.00 675.00 2,027.15 186.51 303.37 957.50 20.00 19,816.00 19.99 1,689.38 13.60 2,894,397.14 Expense Amount 2,337,841.58 500,000.00 565.85 1,321.48 300.00 215.00 215.00 53,938.23 2,894,397.14 7/25/2016 2:05:06 PM 42 Page 8 of 8 City of La Quinta, CA Awe Canceled Payables Vendor Set: 01- Vendor Set 01 Bank: APBNK-APBNK Vendor Number Vendor Name 07921 KIBBEY, EVAN Payment Type Payment Number Check 107627 Payable Number: 29466-R 4274116-R Payment Reversal Register APPKTOO790 - DA 7/13/16 Original Payment Date Reversal Date Cancel Date 07/10/2015 07/13/2016 07/13/2016 Description Payable Date Due Date VEST MODS-KIBBEY 06/19/2015 06/30/2015 UNIFORM PANTS 06/19/2015 06/30/2015 Total Vendor Amount -203.04 Payment Amount -203.04 Payable Amount 74.52 128.52 7/25/2016 6:09:21 PM 43 Page 1 of 2 Payment Reversal Register Bank Code APBNK Report Total: Canceled Payables Payables Left To Pay Again -203.04 -203.04 0.00 0.00 Packet: APPKT00790 - DA 7/13/16 Bank Code Summary Total -203.04 -203.04 7/25/2016 6:09:21 PM Page 2 of 2 44 City of La Quinta, CA •-.b � it 1?�� � ' Canceled Payables Vendor Set: 01- Vendor Set 01 Bank: APBNK-APBNK Vendor Number Vendor Name 02646 US TREASURY Payment Type Payment Number Check 111393 Payable Number: 060616-R Payment Reversal Register APPKT00796 - DA 7/18/16 Original Payment Date Reversal Date Cancel Date 06/10/2016 07/18/2016 07/18/2016 Description Payable Date Due Date CADET ACADEMY MEALS 06/06/2016 06/10/2016 Total Vendor Amount -286.65 Payment Amount -286.65 Payable Amount 286.65 7/25/2016 6:09:01 PM Page 1 of 2 45 Payment Reversal Register Bank Code APBNK Report Total: Canceled Payables Payables Left To Pay Again -286.65 -286.65 0.00 0.00 Packet: APPKT00796 - DA 7/18/16 Bank Code Summary Total -286.65 -286.65 7/25/2016 6:09:01 PM Page 2 of 2 46 r Canceled Payables City of La Quinta, CA Vendor Set: 01-Vendor Set01 Bank: APBNK-APBNK Vendor Number Vendor Name 00307 DESERT SANDS UNIFIED SCHOOL DIST Payment Type Payment Number Check 111747 Payable Number: Description 071416.=R 07/05/16- DSUSD SPONSORSHIP 2016/1661-R 03/31-5/25/16- SCHOOL OFFICER Payment Reversal Register APPKT00799 - DA 7/19/16 Original Payment Date Reversal Date Cancel Date 07/15/2016 07/19/2016 07/19/2016 Payable Date Due Date 07/05/2016 07/15/2016 06/30/2016 06/30/2016 Total Vendor Amount -40,276.44 Payment Amount -40,276.44 Payable Amount 2,500.00 37,776.44 7/25/2016 6:09:12 PM Page 1 of 2 47 Payment Reversal Register Packet: APPKT00799 - DA 7/19/16 Bank Code Summary Bank Code Canceled Payables Payables Left To Pay Again Total APBNK-40,276.44 0.00-40,276.44 Report Total:-40,276.44 0.00-40,276.44 ----------- — 7/25/2016 6:09:12 PM Page 2 of 2 48 ATTACHMENT 2 CITY OF LA QUINTA BANK TRANSACTIONS 07/09/16 - 07/22/16 07/14/16 WIRE TRANSFER - PERS 07/14/16 WIRE TRANSFER - PARS HEALTH 07/15/16 WIRE TRANSFER - LQCEA 07/15/16 WIRE TRANSFER - ICMA 07/15/16 WIRE TRANSFER - PERS 07/19/16 WIRE TRANSFER - TASC 07/22/16 WIRE TRANSFER - LANDMARK 07/22/16 WIRE TRANSFER - PERS 07/22/16 WIRE TRANSFER - PERS TOTAL WIRE TRANSFER OUT $36,447.51 $12,832.86 $408.00 $5,419.00 $346.01 $1, 038.52 $121,703.89 $454, 756.00 $20.00 $632,971.79 49 50 City of La Quinta CITY COUNCIL MEETING: August 2, 2016 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND LA QUINTA CITY EMPLOYEES' ASSOCIATION RECOMMENDATION Adopt a Resolution approving Amendment No. 2 to the Memorandum of Understanding between the City of La Quinta and the La Quinta City Employees' Association. EXECUTIVE SUMMARY • The current Memorandum of Understanding (MOU) with the La Quinta City Employees' Association (LQCEA) provides for a meet and confer reopener to review insurance coverage for the next calendar year. • The City and LQCEA met and considered the 2017 Health Premium adjustments, which show an increase for employees. • The recommended Amendment No. 2 is the result of the reopener, which includes a $145 increase to the current health benefit cap, bringing it to $1,515 per month per employee. • Cities across the region and State are increasing their health benefit cap. This adjustment maintains La Quinta's competitiveness in the market for employee attraction and retention while managing increasing costs. FISCAL IMPAC The cost to implement the health benefit cap adjustment to represented membership currently using the benefit is $30,450. The cost to implement this same adjustment to Management, Contract Management, and Confidential employees currently using the benefit is $25,375. The costs are budget neutral and accounted for in the 2016/17 budget. BACKGROUND/ANALYSIS When the LQCEA and the City accepted a two-year agreement in 2015, both parties further agreed to review amounts paid by the City and employees for insurance coverage for the next calendar year. Since 1984, the City has provided a health benefit amount to employees to cover medical, dental, and vision insurance. 51 The board of directors for CalPERS sets the rates each year for all California cities. On June 14, 2016 staff received the new medical insurance rates, which become effective January 1, 2017. Overall, the 8 medical plans that the City offers have gone up 5%, dental rates increased 6%, and vision is locked at the current rate for one more year. On July 20, 2016, the LQCEA's negotiating team, comprised of their leadership and members, accepted a $145 monthly increase to the current health benefit cap bringing it to $1,515. Except as modified by this Amendment No. 2, the MOU remains in full force and effect according to its terms. ALTERNATIVES The LQCEA and City have worked in the true spirit of cooperation to equitably serve the needs of both parties. Approval of Amendment No. 2 will conclude a successful labor negotiation process. Staff does not recommend any alternatives. Prepared by: Angela Scott, Human Resources Analyst Approved by: Chris Escobedo, Director of Community Resources 52 RESOLUTION NO. 2016 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AND ADOPTING AMENDMENT NO. 2 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA CITY EMPLOYEES' ASSOCIATION WHEREAS, the City of La Quinta, hereinafter referred to as "City" and the La Quinta City Employees' Association, the recognized organization representing its members, hereinafter referred to as "Association," have met and conferred over wages, hours, terms, and conditions of employment pursuant to Government Code 3500, as amended; and WHEREAS, the current Memorandum of Understanding (MOU) with the City and Association expiring on June 30, 2017 provides for a meet and confer reopener; WHEREAS, the City and the Association have negotiated and agreed upon a health benefit cap of $1,515 effective January 1, 2017; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The City does hereby ratify and approve implementation of the economic benefit and right set forth in Amendment No. 2 between the City and the Association, attached and incorporated herein as Exhibit A and said to the extent the City may legally do so in accordance with the time constraints of said MOU. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 2nd day of August, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: LINDA EVANS, Mayor City of La Quinta, California 53 Resolution No. 2016- LQCEA Amendment No. 2 to MOU Adopted: August 2, 2016 Page 2 of 2 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 54 EXHIBIT A AMENDMENT NO. 2 TO MEMORANDUM OF UNDERSTANDING This AMENDMENT NO. 2 ("Amendment") is made by and between the CITY OF LA QUINTA ("City") and the LA QUINTA CITY EMPLOYEES' ASSOCIATION ("Association") as of January 1, 2017. RECITALS A. WHEREAS, Association and City entered into a Memorandum of Understanding ("MOU") on July 1, 2015 which covers the period of July 1, 2015 through June 30, 2017; and B. WHEREAS, Section 4 of the MOU provides for a meet and confer reopener to determine amounts paid by the City and employees for insurance coverage for the next calendar year; and C. WHEREAS, City and Association have met and considered the 2017 Health Premium adjustments. NOW THEREFORE, it is agreed by and among the parties as follows: 1. The foregoing Recitals are true and correct and incorporated in full as part of this Amendment. 2. Effective January 1, 2017, the health benefit cap will be $1,515 per month per employee. 3. The reopener referenced in Section 4 of the MOU is concluded/closed for purposes of the 2017 insurance coverage premiums. 4. Except as modified by this Agreement, the MOU remains in full force and effect according to its terms. CITY OF LA QUINTA LA QUINTA CITY EMPLOYEES' ASSOCIATION LIM Its: Mayor Its: President 55 56 City of La Quinta CITY COUNCIL MEETING: August 2, 2016 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO APPROVE BENEFIT ADJUSTMENTS FOR MANAGEMENT, CONTRACT EMPLOYEES, AND CONFIDENTIAL EMPLOYEES RECOMMENDATION Adopt a Resolution approving benefit adjustments for Management, Contract Management, and Confidential Employees effective January 1, 2017. EXECUTIVE SUMMARY • The La Quinta City Employees' Association (LQCEA) has accepted a $145 increase to the current health benefit cap, bringing it to $1,515 per month per employee. • The benefit adjustment also affects Management, Contract Management, and Confidential Employees who are not represented by the LQCEA. • Cities across the region and State are increasing their health benefit caps. This adjustment maintains La Quinta's competitiveness in the market for employee attraction and retention while managing increasing costs. FISCAL IMPAC-1 The cost to implement the health benefit cap adjustment to Management, Contract Management, and Confidential employees currently using the benefit is $25,375. The costs are budget neutral and accounted for in the 2016/17 budget. BACKGROUND/ANA<LYSIS When the City elects to change benefits for the LQCEA, it has also provided the Management, Contract Management, and Confidential employees the some benefit adjustments. Amendment No. 2 to the Memorandum of Understanding has been agreed upon with the LQCEA; staff is recommending that the $145 monthly increase to the current health benefit cap be provided to Management, Contract Management and Confidential employees. ALTERNATIVES The Council may elect to not provide the same benefit adjustment changes to the unrepresented employees. Prepared by: Angela Scott, Human Resources Analyst Approved by: Chris Escobedo, Director of Community Resources 57 58 RESOLUTION NO. 2016 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING BENEFIT ADJUSTMENTS FOR NON -REPRESENTED MANAGEMENT, CONTRACT MANAGEMENT AND CONFIDENTIAL EMPLOYEES WHEREAS, the City of La Quinta, hereinafter referred to as "City" desires to make benefit adjustments for non -represented management, contract management, and confidential employees effective January 1, 2017. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The City does hereby ratify and approve for non -represented management, contract management, and confidential employees implementation of a health benefit cap of $1,515 effective January 1, 2017. SECTION 3. The City recognizes contract management positions as the City Clerk, City Manager, Community Resources Director, Facilities Director, Finance Director, Principal Engineer, and Design & Development Director. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 2d day of August, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: LINDA EVANS, Mayor City of La Quinta, California 59 Resolution No. 2016- Benefit Adjustments for Non -Represented Employees Adopted: August 2, 2016 Page 2 of 2 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 We City of La Quinta CITY COUNCIL MEETING: August 2, 2016 STAFF REPORT AGENDA TITLE- ADOPT ORDINANCE NO. 542 AMENDING SECTION 3.25.060(B) OF THE MUNICIPAL CODE RELATING TO THE APPLICATION FEE FOR SHORT-TERM VACATION RENTAL PERMITS RECOMMENDATION Adopt Ordinance No. 542 on second reading. EXECUTIVE SUMMARY • At the July 19, 2016 Council meeting, Council introduced Ordinance No. 542 on first reading, which amends Section 3.25.060(B) of the Municipal Code relating to the application fee for short-term vacation rental permits. • The amendment would remove the application fee from the ordinance and this fee would subsequently be established by resolution. • 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 same day as the fee resolution, which is expected to be October 3, 2016. FISCAL IMPACT - None. BACKGROUND/ANALYSIS 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. ALTERNATIVE, As Council approved this ordinance at first reading, staff does not recommend an alternative. Prepared by: Pam Nieto, Deputy City Clerk Approved by: Susan Maysels, City Clerk 61 RVA ORDINANCE NO.542 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 2nd day of August, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: LINDA EVANS, Mayor City of La Quinta, California 63 Ordinance No. 542 Amending Section 3.25.060(B) - Short -Term Vacation Rental Permit Application Fees Adopted: August 2, 2016 Page 2 of 3 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 64 Ordinance No. 542 Amending Section 3.25.060(B) - Short -Term Vacation Rental Permit Application Fees Adopted: August 2, 2016 Page 3 of 3 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. 542, which was introduced at a regular meeting on the 19th day of July, 2016, and was adopted at a regular meeting held on the 2n day of August, 2016, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in City Council Resolution No. 2014-013. SUSAN MAYSELS, City Clerk City of La Quinta, California DECLARATION OF POSTING I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on , pursuant to Council Resolution. SUSAN MAYSELS, City Clerk City of La Quinta, California 65 M. City of La Quinta CITY COUNCIL MEETING: August 2, 2016 STAFF REPORT AGENDA TITLE: ADOPT ORDINANCE NO. 543 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 RECOMMENDATION Adopt Ordinance No. 543 on second reading. EXECUTIVE SUMMARY • On July 19, 2016 Council introduced Ordinance No. 543 on first reading, which approves Zoning Ordinance Amendment 2016-0003, extending for one year the 50% reduction in required parking for properties within the village commercial zoning district. FISCAL IMPACT - None. BACKGROUND/ANALYSIS On August 4, 2015 Council adopted Zoning Ordinance Amendment 2015-0001 approving interim parking standards for the La Quinta Village. On July 19, 2016 the Council elected to amend this Ordinance and extend the 50% reduction in required parking (in the Village only) for one-year, to avoid a lapse in the interim parking standards before new Village parking standards are completed and adopted. ALTERNATIVES As Council approved this ordinance at first reading, staff does not recommend an alternative. Prepared by: Pam Nieto, Deputy City Clerk Approved by: Susan Maysels, City Clerk rA ORDINANCE NO.543 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 M. Ordinance No. 543 Zoning Ordinance Amendment 2016-0003 Adopted: August 2, 2016 Page 2 of 5 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 70 Ordinance No. 543 Zoning Ordinance Amendment 2016-0003 Adopted: August 2, 2016 Page 3 of 5 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 2nd day of August, 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 71 72 Ordinance No. 543 Zoning Ordinance Amendment 2016-0003 Adopted: August 2, 2016 Page 4 of 5 *AV :M1131r_1 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. 73 Ordinance No. 543 Zoning Ordinance Amendment 2016-0003 Adopted: August 2, 2016 Page 5 of 5 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 543 which was introduced at a regular meeting on the 19th day of July, 2016 and was adopted at a regular meeting held on the 2nd day of August, 2016, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in the Rules of Procedure adopted by City Council Resolution No. 2014-13. 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 74 City of La Quinta CITY COUNCIL MEETING: August 2, 2016 STAFF REPORT AGENDA TITLE ADOPT ORDINANCE NO. 544 AMENDING TITLE 8, CHAPTER 13 OF THE LA QUINTA MUNICIPAL CODE UPDATING THE CITY'S WATER EFFICIENT LANDSCAPE ORDINANCE RECOMMENDATION Adopt Ordinance No. 544 on second reading. EXECUTIVE SUMMARY • On July 19, 2016 Council introduced Ordinance No. 544 on first reading, which amends Title 8, Chapter 13 of the La Quinta Municipal Code updating the City's water efficient landscape Ordinance. • This Ordinance will bring the City's existing water efficient landscape ordinance consistent with the 2015 landscape ordinance adopted by the Coachella Valley Water District (CVWD). FISCAL IMPACT - None. BACKGROUND/ANALYSIS The City adopted a water efficient landscape ordinance on January 5, 2010, but on April 1, 2015, Governor Brown declared a statewide water shortage emergency. Cities and counties are required to update their water efficient landscape ordinances to be as effective in conserving water as the 2015 State Model Ordinance. CVWD approved an updated model water efficient landscape ordinance estimated to be five percent more water efficient than the State model. The City's ordinance incorporates these and additional water saving metrics. ALTERNATIVES As Council approved this ordinance at first reading, staff does not recommend an alternative. Prepared by: Pam Nieto, Deputy City Clerk Approved by: Susan Maysels, City Clerk 75 76 ORDINANCE NO.544 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 77 Ordinance No. 544 Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted; August 2, 2016 Page 2 of 28 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. 78 Ordinance No. 544 Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted; August 2, 2016 Page 3 of 28 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: 79 Ordinance No. 544 Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted; August 2, 2016 Page 4 of 28 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 We Ordinance No. 544 Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted; August 2, 2016 Page 5 of 28 EXHIBIT A Chapter 8.13 WATER EFFICIENT LANDSCAPING 8.13.010 Purpose and intent. 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. 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 81 Ordinance No. 544 Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted; August 2, 2016 Page 6 of 28 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: (325,851 gallons/43,560 square feet)/12 inches = (0.62) 325,851 gallons = one acre-foot 43,560 square feet = one acre 12 inches = one foot 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 Ordinance No. 544 Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted; August 2, 2016 Page 7 of 28 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. "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 0.45 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. "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 same schedule. A hydrozone 83 Ordinance No. 544 Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted; August 2, 2016 Page 8 of 28 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 0.75 or 75 percent and .90 or 90 percent for drip systems. "Landscape irrigation audit" means a process to perform site inspections, evaluate irrigation systems, and develop efficient irrigation schedules. "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, Section492. 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. 84 Ordinance No. 544 Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted; August 2, 2016 Page 9 of 28 "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 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 IV(WUCOLS IV). "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. 85 Ordinance No. 544 Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted; August 2, 2016 Page 10 of 28 "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 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 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. Ordinance No. 544 Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted; August 2, 2016 Page 11 of 28 "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. 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. Ordinance No. 544 Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted; August 2, 2016 Page 12 of 28 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: Single-family residential landscaping projects on individual lots/parcels with a total project landscape area less than 2,500 square feet; Homeowner -provided landscaping within individually -maintained patio areas, courtyards, or private gardens at a condominium, townhome, or similar multifamily project; Turf-reduction/replacement landscaping projects, with no new or expansion of existing landscaped area(s) involved; Registered local, state, or federal historic sites; Ecological restoration projects that do not require a permanent irrigation system; Mined -land reclamation projects that do not require a permanent irrigation system; 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: Water conservation concept statement; Calculation of the maximum applied water allowance; Calculation of the estimated applied water use; Calculation of the estimated total water use; Landscape design plan; Irrigation design plan; Grading design plan; and Soil analysis. 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 :: Ordinance No. 544 Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted; August 2, 2016 Page 13 of 28 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. 1. 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 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. Ordinance No. 544 Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted; August 2, 2016 Page 14 of 28 2. The Annual Maximum Applied Water Allowance. a. A project's annual maximum applied water allowance shall be calculated using the following formula: MAWA = [(ETo) (0..45) (LA) (0.62)1/(748) where: MAWA = Maximum applied water allowance (gallons per year) ETo = Reference evapotranspiration (i.e., seventy-five inches per year) 0.45 = 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 = [(ETo) (0.45) (LA) (0.62)1/(748) _ [(75.0 inches) (0.45) (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. 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 (IE) ETWU (hydrozone) = Estimated water use (hundred cubic feet) ETo = Reference evapotranspiration Ordinance No. 544 Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted; August 2, 2016 Page 15 of 28 (i.e., ETo Zone 3a = seventy-five inches per year) PF = Plant factor (see definitions) LA = Landscape Area area (in square feet) (0.62) = Conversion factor (to gallons per square foot) (IE) = Irrigation efficiency (see definitions) 748 = Conversion Factor (to 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 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 91 Ordinance No. 544 Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted; August 2, 2016 Page 16 of 28 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 color. 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 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; Ordinance No. 544 Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted; August 2, 2016 Page 17 of 28 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. 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 ten feet in width shall not be designed with turf. Turf will be allowed in these areas only if irrigation design reflects the use of subsurface irrigation or a surface flow/wick irrigation system. 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 three-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. 93 Ordinance No. 544 Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted; August 2, 2016 Page 18 of 28 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 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. 94 Ordinance No. 544 Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted; August 2, 2016 Page 19 of 28 (A) Control valves, manufacturer's model number, size and location; (B) Irrigation head manufacturer's model number, radius, operating pressure, gallons per minute/gallons per hour (gpm/gph) and location; (C) Piping type, size and location; (D) 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 where a dedicated landscape irrigation 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). 95 Ordinance No. 544 Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted; August 2, 2016 Page 20 of 28 (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 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 Ordinance No. 544 Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted; August 2, 2016 Page 21 of 28 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; Q) 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 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. 97 Ordinance No. 544 Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted; August 2, 2016 Page 22 of 28 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 Day 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 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 Ordinance No. 544 Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted; August 2, 2016 Page 23 of 28 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; 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. •• Ordinance No. 544 Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted; August 2, 2016 Page 24 of 28 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, (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. 1. 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. 100 Ordinance No. 544 Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted; August 2, 2016 Page 25 of 28 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; (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. d. 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. 101 Ordinance No. 544 Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted; August 2, 2016 Page 26 of 28 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 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)). 102 Ordinance No. 544 Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted; August 2, 2016 Page 27 of 28 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) 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 August 17, 2016. All plans approved after August 16, 2016 are subject to the provisions of this chapter. (Ord. 476 § 1, 2010; Ord. 452 § 1, 2008; Ord. 392 § 3 (Exh. A)(part), 2003) 103 Ordinance No. 544 Zoning Ordinance Amendment 2016-0002 - Water Efficient Landscaping Adopted; August 2, 2016 Page 28 of 28 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. which was introduced at a regular meeting on the day of , and was adopted at a regular meeting held on the day of , 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 104 City of La Quinta CITY COUNCIL MEETING: August 2, 2016 STAFF REPORT AGENDA TITLE. APPROVE SETTLEMENT AGREEMENT AND MUTUAL RELEASE FOR SHAATH & OUDEH GROUP, INC. V. CITY OF LA QUINTA; GRANITE CONSTRUCTION COMPANY, ET AL., RIVERSIDE COUNTY SUPERIOR COURT CASE NO. PSC 1404174 RECOMMENDATION Approve Settlement Agreement and Mutual Release for Shaath & Oudeh Group, Inc. V. City of La Quinto, Granite Construction Company, et al., Riverside County Superior Court Case No. PSC 1404174. EXECUTIVE SUMMARY • This lawsuit was filed by the owner of the ARCO gas station on Washington Street, alleging loss of revenue due to delays in completing street improvements during a 2014 project. • The parties participated in a mediation, which resulted in a settlement. • The attached agreement resolves the case and releases all claims against the City. FISCAL IMPACT Payment to the plaintiff by the City in the amount of $21,500 will be issued from Centralized Services division of the general fund (101-1007-60442, Estimated Claims). This is an unexpected expense for 2016/17. Expenses will be further evaluated at mid- year to determine if a budget adjustment to increase total appropriations is needed. BACKGROUND/ANALYSIS The owner of the ARCO gas station (on Washington Street) filed this lawsuit in March 2015, alleging loss of revenue due to delays in completing street improvements. In 2014 the City retained Granite Construction to improve Washington Street. The plaintiff sought $300,000 in damages. The parties participated in a day -long mediation, which resulted in settlement whereby Granite Construction would pay to plaintiff $5,000 and waive collection of sanctions against plaintiff, and the City would pay to plaintiff $21,500. The attached agreement releases the City from plaintiff's claims related to the 2014 project and implements the settlement payment authorized by the City Council, as reported from the June 21, 2016 closed session relating to this lawsuit. ALTERNATIVES Staff does not propose any alternatives. Prepared by: William H. Ihrke, City Attorney Approved by: Frank J. Spevacek, City Manager Attachment: 1. Settlement Agreement and Mutual Release 105 106 ATTACHMENT 1 SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF ALL CLAIMS AND RIGHTS This Settlement Agreement and Mutual Release ("Agreement") is made among and between: (1) SHAATH & OUDEH GROUP, INC. ("S & 0") including its representatives, agents, and assigns [collectively referred to as "Claimants"]; (2) CITY OF LA QUINTA ("La Quinta") including its representatives, agents and assigns and (3) GRANITE CONSTRUCTION COMPANY ("Granite"); [La Quinta and Granite are collectively referred to as "Defendants"]. 1. RECITAL A. S & 0 filed a complaint entitled Shaath & Oudeh Group, Inc. v. City of LaQuinta; Granite Construction Company, et al., Riverside County Superior Court Case No. PSC 1404174 ("the Litigation"), setting forth causes of action for nuisance, negligence and trespass. The causes of action seek damages arising out of construction activities which S & 0 alleges restricted its business activities, limited its business operation, and caused property damage. Defendants dispute Plaintiff's claims. B. Following mediation and negotiations, the Parties have reached the settlement documented by this Agreement. C. In entering into this Agreement, the Parties do not admit the truth or sufficiency of any of the claims, allegations or defenses asserted against that Party. The Parties intend by this Agreement to settle, finally and completely, all claims, demands, actions, causes of action, known and unknown, concerning the Litigation or which could have been asserted in the Litigation. 2. DEFINITIONS As used in this Agreement, the following phrases and words have the following meanings: A. "Litigation" shall mean and refer to the lawsuit filed and entitled Shaath & Oudeh Group, Inc. v. City of La Quinta; Granite Construction Company, et al., Riverside County Superior Court Case No. PSC 1404174. SettlementfkgreementRind Mutual Release Page 1 of 7 Shaath & Oudeh Group, Inc. v. City of La Quinta, et al RCSC Case Number PSC 1404174 107 B. "Parties" shall refer to the Claimants and the Defendants, listed in the initial Paragraph of this Agreement. C. "Claim" or "Claims" shall refer to any and all claims, known and unknown, demands, liabilities, damages, complaints, causes of action, intentional or negligent acts, and any other related actions concerning the construction activities alleged in Plaintiff's complaint and the claimed damages resulting therefrom. D. "Property" or "the Property" shall refer to property, real and personal, located at 46150 Washington Street, La Quinta, California. 3. SETTLEMENT AND MUTUAL RELEASES A. FOR AND IN CONSIDERATION of the sum of TWENTY-SIX THOUSAND AND 00/100 DOLLARS ($26,500.00), payable as specified below, Claimants hereby release and forever discharge The City of La Quinta and Granite Construction Company, their agents, employees, successors, assigns, principals, agents, property managers, affiliates, insurers, and representatives from any and all rights, claims, demands, and damages of any kind whatsoever, known or unknown, existing or arising in the future, resulting from, related to, or arising from the construction and other activities alleged in the Litigation. B. The settlement sum referenced in paragraph A, above, shall be paid by check or draft as follows: The sum of $21,500.00 shall be paid by the City of La Quinta or its insurers to John J. Gulino Attorney Trust Account; the sum of $5,000.00 shall be paid by Granite Construction Company or its insures to John J. Gulino Attorney Trust Account. The payment obligations of La Quinta and Granite are several, not joint. The payments shall be made within twenty days of full execution of this Settlement Agreement and Release. C. Except as provided in paragraph D, below, the Parties to the Litigation, for themselves and their predecessors, successors, assigns, agents, principals, affiliates, attorneys and representatives, and for each of them, and for any person or entity that could possibly assert a Claim through or under them do hereby fully, finally and generally release, waive, acquit and forever discharge, Settlementfkgreement5ind Mutual Release Page 2 of 7 Shaath & Oudeh Group, Inc. v. City of La Quinta, et al RCSC Case Number PSC 1404174 108 each other, and all of their respective agents, servants, employees, employers, directors, officers, owners, attorneys, agents, divisions, subsidiaries, affiliates, predecessors, successors, assigns, partners, and joint venturers from any and all Claims, demands, liabilities, damages, causes of action, costs, expenses, and compensation of every kind and nature whatsoever, past, present or future, whether known or unknown, actual or contingent, including, without limitation, any and all Claims asserted, or which could have been asserted, in the Litigation. D. The release provided in paragraph C, above, does not extend to claims that La Quinta may have against Granite for defects in the work of improvement known as Highway 111 at Washington Street Intersection Improvements, City Project 2011-01, which defects are currently unknown and undiscovered, nor does the release extend to any claims or defenses Granite may have in connection with such unknown and undiscovered defects. E. The Parties to the Litigation and Claims expressly, voluntarily, and knowingly waive any and all rights granted to them under California Civil Code § 1542 resulting from or related to any and all damages arising from the facts and circumstances alleged, or which could have been alleged, in the Litigation. California Civil Code Section 1542 provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." Each of the Parties hereto represents, warrants, and understands that this waiver of rights under Civil Code § 1542 is a material part of the consideration given for the mutual releases provided herein, and that the Parties would not have entered this Agreement in the absence of such waiver. F. The Parties understand that this is a compromise settlement of all claims arising out of the facts and circumstances alleged in the Litigation, and there is no admission of any liability. G. Claimants understand that this is all the money or consideration that will be received from Defendants, successors, assigns, principals, agents, property managers, affiliates, and representatives, for any and all claims arising out of the facts and circumstances alleged in the Litigation. SettlementAgreementUind Mutual [Release Page 3 of 7 Shaath & Oudeh Group, Inc. v. City of La Quinta, et al RCSC Case Number PSC 1404174 109 H. Claimants shall cause their complaint to be dismissed with prejudice in its entirety within 10 days from receipt of the last of the payments described in paragraph B, above. Each party will bear its own litigation costs, attorneys' fees, and all expenses incurred in connection with the Litigation. This Settlement Agreement is enforceable by the Court under California Code of Civil Procedure § 664.6. 4. REPRESENTATION The Parties acknowledge and represent that they have had the benefit and advice of legal counsel in evaluating, finalizing, and executing this Agreement. 5. PRIOR ASSIGNMENT OR TRANSFER The Parties each represent and warrant that they own all rights, title and interest to the claims released or waived by them in this Agreement and that there has been no assignment or other transfer, whether expressly or by operation of law, of any claims or causes of action which are being released pursuant to the terms of this Agreement. 6. NO ADMISSION In entering into this Agreement, the Parties do not admit the sufficiency of any claims, allegations, contentions, or positions of any other party nor the sufficiency of the defense to any such claims, allegations, assertions, contentions, or positions. The Parties have entered into this Agreement in good faith and with a desire to settle among them and release the Claims and Litigation set forth above. 7. MISCELLANEOUS A. Each of the signatories warrants and represents that he/she are competent and authorized to enter into this Agreement on behalf of the party for which he/she purport to sign. B. The Parties acknowledge and agree that each of them, as between them, will bear their own costs, expenses, and attorney's fees arising out of and/or connected with this Litigation. Settlementfkgreement5ind Mutual Release Page 4 of 7 Shaath & Oudeh Group, Inc. v. City of La Quinta, et al RCSC Case Number PSC 1404174 110 C. This Agreement is the product of negotiation and preparation by and among the Parties and their respective attorneys. Neither this Agreement nor any provisions shall be deemed prepared or drafted by any one parry or another, or its attorneys, and shall not be construed more strongly against any parry. D. This Agreement may be executed in counterparts, such that when the executed signature pages taken together shall constitute the entire Agreement. A photocopy, facsimile, or scanned and printed copy of this signed Agreement shall be as effective as an original, and it shall be no defense to any action on this Agreement that the original signed document is lost, destroyed, or otherwise unavailable, or that a copy is introduced in evidence in lieu of the original. E. This Agreement has been negotiated and entered into in the State of California. It shall be governed by, construed and enforced in accordance with the laws of the State of California in effect as of the date of the Agreement and according to its fair meaning as if prepared by all Parties. F. All representations and warranties and agreements set forth in this Agreement shall survive the execution date of this Agreement. G. The undersigned shall execute and deliver all documents and perform all further acts that may be reasonably necessary to effectuate the provisions of this Agreement H. Each of the undersigned have entered into this Agreement voluntarily and not in reliance upon any covenant, representation, warranty, consideration or inducement, not expressly recited herein. It is understood that the facts with respect to which the releases are given may turn out to be other than, or different from, the facts now believed to be true, and each Party hereto expressly assumes the risk of the facts turning out to be different than they believe them to be, and each Parry agrees that the foregoing release shall, in all respects, be effective and not subject to termination or rescission because of any such mistaken belief. This Agreement sets forth the entire agreement among and between the Parties with regard to the subject matter hereof. All agreements, covenants, representations and warranties of the Parties, express and implied, oral and written, with regard to any subject matter are contained herein and in the documents referred to herein or implemented in the provisions hereof. No other agreements, covenants, SettlementfkgreementCftndMutualRelease Page 5 of 7 Shaath & Oudeh Group, Inc. v. City of La Quinta, et al RCSC Case Number PSC 1404174 ill representations or warranties, express or implied, oral or written, have been made by any parry to the other with respect to the subject matter of this Agreement. All prior and contemporaneous conversations, negotiations, possible and alleged agreements and representations, covenants and warranties with respect to the subject matter hereof are waived, merged herein and superseded by this Agreement. This is an integrated Agreement. This agreement cannot be modified or amended in any way, except by a writing signed by the Party to be charged therewith. IN WITNESS WHEREOF, the undersigned have executed this Agreement. By signing this Agreement, the Parties acknowledge that they have read the foregoing Settlement Agreement and Mutual Release of All Claims and Rights. Dated: Dated: Dated: GULINO LAW OFFICE By: JOHN GULINO Attorney for Plaintiff, SHAATH AND OUDEH GROUP, INC. SHAATH AND OUDEH GROUP, INC, By Shahin Shaath Its President Approved as to form by RUTAN & TUCKER, LLP William H. Ihrke, City Attorney Attorneys for Defendant, CITY OF LA QUINTA SettlementAgreementUind[Mutual [Release Shaath & Oudeh Group, Inc. v. City of La Quinta, et al RCSC Case Number PSC 1404174 Page 6 of 7 112 Dated: Dated: Dated: CITY OF LA QUINTA By Frank J. Spevacek Its City Manager BOOTH MITCHELL & STRANGE, LLP DAVID R. KIPPER Attorneys for Defendant GRANITE CONSTRUCTION COMPANY GRANITE CONSTRUCTION COMPANY By Its SettlementAgreementUind Mutual [Release Shaath & Oudeh Group, Inc. v. City of La Quinta, et al RCSC Case Number PSC 1404174 Page 7 of 7 113 114 City of La Quinta CITY COUNCIL MEETING: August 2, 2016 STAFF REPORT A `" -NDA TITLE: APPROVE PURCHASE OF EQUIPMENT FROM ECONOLITE GROUP INC. FOR VEHICLE VIDEO DETECTION AT SIX TRAFFIC SIGNALS Approve the purchase of vehicle video detection equipment from Econolite Group Inc. in the amount of $106,000. EXECUTIVE SUMMARY New cameras are needed to improve the reliability of the vehicle video detection equipment for traffic signals at the following intersections: ■ Highway 111 and Adams Street ■ Highway 111 and La Quinta Drive (Walmart) ■ Highway 111 and Dune Palms Road ■ Highway 111 and Depot Drive (Costco) ■ Jefferson Street and Avenue 49 ■ Eisenhower Drive and Coachella Drive Econolite Group Inc. has been the City's primary camera vendor which helps maintain a uniform and streamlined equipment inventory. FISCAL IMPACT Funds for this purchase are available in Measure "A" Citywide Traffic Signal Maintenance Improvements Fund. BACKGROUND/ANALYSIS Many of the City's traffic signals use cameras as part of a vehicle video detection system. Signal cameras must be replaced periodically to ensure optimal performance and must be compatible with the City's existing system. The existing traffic control system employees Econolite components, which have proven to be very functional and reliable. ALTERNATIVES Since new cameras are needed to ensure safe operation of the signals and camera systems from different vendors are not compatible, staff does not recommend an alternative action. Prepared by: Kristopher Gunterson, Traffic Signal Maintenance Supervisor Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer 115 116 City of La Quinto CITY COUNCIL MEETING: August 2, 2016 STAFF REPORT AGENDA TITLE: ACCEPT OFF -SITE AND ON -SITE IMPROVEMENTS ASSOCIATED WITH THE LA QUINTA SQUARE COMMERCIAL DEVELOPMENT (PARCEL MAP NO. 36791) LOCATED AT THE SOUTHWEST CORNER OF HIGHWAY 111 AND SIMON DRIVE RECOMMENDATION Accept the on and off -site improvements associated with Parcel Map No. 36791, La Quinta Square; authorize staff to release the performance security; and direct staff to release the labor and materials security 90 days after City Council acceptance of the improvements. EXECUTIVE SUMMARY • The La Quinta Square commercial project is located on the southwest corner of Highway 111 and Simon Drive (Attachment 1). • ACM La Quinta IV-B, LLC (Developer) has completed all obligations of the Subdivision Improvement Agreement and has requested release of the performance, and labor and materials securities. • Staff has verified satisfactory completion of these improvements and recommends acceptance of the on and off -site improvements. FISCAL IMPACT The City will maintain the signing and striping of a right turn lane into this commercial project on Highway 111 after the one-year warranty period. Signing and striping maintenance is estimated to be $150 annually, which will be incorporated in the Facilities Department operating budget. BACKGROUND/ANALYSIS The Developer of the La Quinta Square has completed all on and off -site improvements required by Parcel Map No. 36791. The improvements include pavement; curb and gutter; curb ramps; sidewalk; signing and striping; storm drain; catch basins; water and sewer improvements; landscaping; and survey monumentation. Staff inspected the improvements and verified they meet City -approved plans and standards. ALTERNATIVES Acceptance of these improvements is a ministerial action necessary for the release of the improvement securities. Since the improvements have been inspected and meet City standards, staff does not recommend an alternative action. Prepared by: Bryan McKinney, P.E., Principal Engineer Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer Attachment: 1. Vicinity Map 117 118 ATTACHMENT 1 PARCEL MAP NO. 36791 LA QUINTA SQUARE HIGHWAY I i 1 SIMON DRIVE PROJECT SITE VICINITY MAP NOT TO SCALE 119 120 City of La Quinto CITY COUNCIL MEETING: August 2, 2016 STAFF REPORT AGENDA TITLE: ACCEPT OFF -SITE AND ON -SITE IMPROVEMENTS ASSOCIATED WITH THE ESPLANADE RESIDENTIAL DEVELOPMENT (TRACT MAP NOS. 29323-1 AND 29323-4) LOCATED AT THE NORTHWEST CORNER OF FRED WARING DRIVE AND JEFFERSON STREET RECOMMENDATION Accept the off -site and on -site improvements associated with Tract Map Nos. 29323-1 and 29323-4, Esplanade Residential Development; authorize staff to release the performance security; and direct staff to release the labor and materials security 90 days after City Council acceptance of the improvements. EXECUTIVE SUMMARY • Esplanade is located on the northwest corner of Jefferson Street and Fred Waring Drive (Attachment 1). • Lennar Homes of California, Inc. (Developer) submitted a cash payment in June 2016 to reimburse the City for their cost of the Jefferson Street widening improvements fronting Esplanade and the traffic signal at Jefferson Street and Dunbar Drive. • The Developer has completed all other obligations of the Off -site Subdivision Improvement Agreement for Tract Map No. 29323-1 and the obligations of the Off - site and On -site Subdivision Improvement Agreements for Tract Map No. 29323-4, and has requested release of the performance and labor and materials securities. • Staff has verified satisfactory completion of these improvements and recommends acceptance of the off -site and on -site improvements. FISCAL IMPACT The City has been maintaining the landscaped median and street improvements on Fred Waring Drive and Jefferson Street. The maintenance cost is already incorporated in the Facilities Department operating budget. BACKGROUND/ANALYSIS The Developer of Esplanade has completed all off -site and on -site improvements required by the conditions of approval for Tract Map Nos. 29323-1 and 29323-4. The improvements include pavement; curb and gutter; curb ramps; sidewalk; signing and striping; storm drain; catch basins; perimeter wall; water and sewer improvements; landscaping; and survey monumentation. Staff inspected the improvements and verified that they meet City - approved plans and standards. In addition, the Developer submitted a cash payment in June 2016 to reimburse the City for their cost of the Jefferson Street widening improvements and the traffic signal at Jefferson Street and Dunbar Drive. 121 ALTERNATIVES Acceptance of these improvements is a ministerial action necessary for the release of the improvement securities. Since the improvements have been inspected and found to meet City standards, staff does not recommend an alternative action. Prepared by: Bryan McKinney, P.E., Principal Engineer Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer Attachment: 1. Vicinity Map 122 ATTACHMENT 1 TRACT MAP NO. 29323 ESPLANADE dla CQM�G74La Z 0 U) cr w U- Lj- VICINITY NOT TO SCALE iNTD I O MAP V) w cr z 0 123 124 City of La Quinta CITY COUNCIL MEETING: August 2, 2016 STAFF REPORT AGENDA TITLE: APPROVE ASSIGNMENT AND ASSUMPTION AGREEMENTS FOR THE ON -SITE AND OFF -SITE IMPROVEMENTS FOR TRACT MAP NO. 31732, AMENDMENT NO. 2, AND AMENDED TRACT MAP NO. 31733 FOR THE BELLASENO RESIDENTIAL DEVELOPMENT LOCATED SOUTH OF AVENUE 60 AND EAST OF MONROE STREET RECOMMENDATION Approve the Assignment and Assumption Agreements for the on -site and off -site improvements for Tract Map No. 31732, Amendment No. 2, and Amended Tract Map No. 31733 for the Bellaseno residential development, and authorize the City Manager to execute said agreements upon receiving the replacement bonds. EXECUTIVE SUMMARY • KB Home Coastal, Inc. (Developer) entered into subdivision improvement agreements (SIAs) in 2007. The Developer is selling its interest to VTL Palizada, LLC. • The Assignment and Assumption Agreements (Attachment 1) assigns the subdivision improvement obligations to the new developer. FISCAL IMPACT None. Replacement bonds of sufficient value will be submitted by the new developer to secure the incomplete improvements. BACKGROUND/ANALYSIS On July 5, 2007, the City and the Developer entered into SIAs for Tract Map Nos. 31732 and 31733 for the Bellaseno development, located south of Avenue 60 and east of Monroe Street (Attachment 2). The Developer is selling its interest to VTL Palizada, LLC and desires to assign the subdivision improvement obligations. No development has occurred beyond rough grading. The new developer will submit replacement bonds to secure the remaining improvements. Staff has received no public requests to complete the off -site and on -site improvements. ALTERNATIVF Council could direct staff to revise the agreements or reject the agreements; however, staff cannot identify modifications that would improve these agreements. Prepared by: Bryan McKinney, P.E., Principal Engineer Approved by: Timothy R. Jonasson, P.E., Public Works Director/City Engineer Attachments: 1. Assignment and Assumption Agreements 2. Vicinity Map 125 126 ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT AMENDMENT NO. 2 TRACT MAP NO. 31732 OFF -SITE IMPROVEMENTS This ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT ("Assignment & Amendment") is made and entered into as of the day of , 20 , by and among the CITY OF LA QUINTA, a municipal corporation of the State of California ("City"), KB Home Coastal, Inc., a California corporation ("Assignor"), and VTL Palizada, LLC, a Delaware limited liability company ("Assignee"). RECITALS A. City and Assignor entered into that certain Subdivision Improvement Agreement, dated July 5, 2007 ("SIA"), pursuant to which Assignor, as the "Subdivider" defined in the SIA, agreed to plan for, install, and construct certain public and/or private improvements on Tract No. 31732 ("Tract"), as more fully described in Exhibit "A" of the SIA ("Improvements"). B. Assignor desires to assign the SIA, and all of Assignor's rights and obligations thereunder, to Assignee and Assignee desire to assume Assignor's position with respect to the SIA and of Assignor's rights and obligations under the SIA subject to the terms of this Assignment & Amendment. C. In connection with the foregoing described assignment and assumption, the City and Assignee have agreed to certain modifications to the SIA as set forth herein to be effective upon full execution of this Assignment & Amendment by all the parties hereto. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Assi nment and Assum tion. Assignor hereby transfers and assigns to Assignee all of the Assignor's rights, title, and interest in and to, and obligations under, the SIA, and Assignee hereby assumes all rights, title, and interest in and to, and obligations under, the SIA. City hereby consents to the foregoing assignment and assumption. F220 127 2. Replacement of Improvement Security_ Pursuant to the SIA, Assignor has furnished the City security for the Improvements. For purposes of this Assignment & Assumption, such security in the aggregate shall be hereinafter referred to as "Improvement Security." Assignee hereby warrants that within five (5) days of this executed Assignment and Amendment, it shall replace Assignor's Improvement Security with securities of its own in amounts as described in SECTION 2.A., unless the City otherwise determines at its discretion and in writing that such security can be issued at a lesser amount. Assignee's securities shall be in full compliance with the terms and conditions stated in the SIA for such securities. The City agrees that upon receipt of evidence that Assignee has obtained such new securities in a form satisfactory to the City, the City shall release Assignor's Improvement Security. (A) Faithful Performance Securities and Labor & Materials Securities based on updated engineer's cost estimates for the following improvements: OFF -SITE IMPROVEMENTS Performance Security Labor & Material Security Improvement Description Bond Amount Bond Amount Street Improvements $664,124 $664,124 Sidewalk and Multi -Use Trail $116,910 $116,910 Sanitary Sewer $57,960 $57,960 Domestic Water $472,885 $472,885 Irrigation Lateral Improvements $291,850 $291,850 Signing and Striping $52,586 $52,586 Landscaping $348,462 $348,462 Total $2,004,777 $2,004,777 Standard 10% Contingency $200,478 $200,478 Total Construction Cost $2,205,255 $2,205,255 Professional Fees, Design 10% $220,525 $220,525 Professional Fees, Construction 10% $220,525 $220,525 BOND AMOUNT $2,646,306 $2,646,306 50% Traffic Signal at Ortega Hills Way (Monroe Entry) $215,000 $215,000 25%Traffic Signal at Monroe St and Ave 60 $107,500 $107,500 BOND AMOUNTI $322,500 $322,500 3. Solvency. As a material inducement to the City to enter into the Assignment & Assumption, Assignee hereby represents and warrants to City, and City hereby relies on Assignee's representation and warranty, that Assignee is solvent and has the financial capability of fulfilling each and every obligation and duty it takes on by way of the Assignment & Assumption. F220 -2- 128 4. Incorporation of SIA Provisions. The SIA, and each provision therein, unless otherwise modified in writing, is incorporated in this Assignment & Amendment in its entirety and Assignee agrees and warrants that it assumes and is bound by each obligation found in the SIA in the same manner as Assignor prior to this assignment. F220 -3- 129 IN WITNESS WHEREOF, the parties hereto have executed this Assignment & Amendment on day of , 20 CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 (760) 777-7075 FRANK J. SPEVACEK City Manager, City of La Quinta ATTEST: SUSAN MAYSELS City Clerk, City of La Quinta Date ASSIGNOR: KB Home Coastal, Inc., a California corporation 36310 Inland Valley Drive Wildomar, CA 92595 swrT R'-AS.e/N ItS:CWP De' I wn'&4' Its: ASSIGNEE: VTL Palizada LLC, a Delaware limited liability company 23 Corporate Plaza, Suite 150 Newport Beach, CA 92660 Its: Its: F220 -4- 130 ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT AMENDMENT NO.2 TRACT MAP NO.31732 ON -SITE IMPROVEMENTS This ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT ("Assignment & Amendment") is made and entered into as of the day of , 20 , by and among the CITY OF LA QUINTA, a municipal corporation of the State of California ("City"), KB Home Coastal, Inc., a California corporation ("Assignor"), and VTL Palizada, LLC, a Delaware limited liability company ("Assignee"). RECITALS A. City and Assignor entered into that certain Subdivision Improvement Agreement, dated July 5, 2007 ("SIA"), pursuant to which Assignor, as the "Subdivider" defined in the SIA, agreed to plan for, install, and construct certain public and/or private improvements on Tract No. 31732 ("Tract"), as more fully described in Exhibit "A" of the SIA ("Improvements"). B. Assignor desires to assign the SIA, and all of Assignor's rights and obligations thereunder, to Assignee and Assignee desire to assume Assignor's position with respect to the SIA and of Assignor's rights and obligations under the SIA subject to the terms of this Assignment & Amendment. C. In connection with the foregoing described assignment and assumption, the City and Assignee have agreed to certain modifications to the SIA as set forth herein to be effective upon full execution of this Assignment & Amendment by all the parties hereto. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Assignment and Assumption. Assignor hereby transfers and assigns to Assignee all of the Assignor's rights, title, and interest in and to, and obligations under, the SIA, and Assignee hereby assumes all rights, title, and interest in and to, and obligations under, the SIA. City hereby consents to the foregoing assignment and assumption. F220 131 2. Replacement of Improvement Security. Pursuant to the SIA, Assignor has furnished the City security for the Improvements. For purposes of this Assignment & Assumption, such security in the aggregate shall be hereinafter referred to as "Improvement Security." Assignee hereby warrants that within five (5) days of this executed Assignment and Amendment, it shall replace Assignor's Improvement Security with security of its own in an amount as described in SECTION 2.A. and 23, unless the City otherwise determines at its discretion and in writing that such security can be issued at a lesser amount. Assignee's security shall be in full compliance with the terms and conditions stated in the SIA for such security. The City agrees that upon receipt of evidence that Assignee has obtained such new security in a form satisfactory to the City, the City shall release Assignor's Improvement Security. (A) Faithful Performance Bond in the amount of $7,382,797 for the following improvements: ON -SITE IMPROVEMENTS Performance Security Improvement Description Bond Amount Rou h Grading and Walls $1,480,599 Street Improvements $1,434,005 Storm Drain $396,564 Sanitary Sewer $194,400 Domestic Water $956,636 Dry Utilities $487,500 Landscaping $613,324 Monumentation $30,000 Total $5,593,028 Standard 10% Contingency $559,303 Total Construction Cost $6,152,331 Professional Fees, Design 10% $615,233 Professional Fees, Construction 10% $615,233 BOND AMOUNT $7,382,797 (B) Other (Specify type and amount): 1. Faithful Performance Bond for PM-10 Fugitive Dust Control = 1.21,500 2. Cash Deposit for Fugitive Dust Control = $40,500 3. Solvency. As a material inducement to the City to enter into the Assignment & Assumption, Assignee hereby represents and warrants to City, and City hereby relies on Assignee's representation and warranty, that Assignee is solvent and has the financial capability of fulfilling each and every obligation and duty it takes on by way of the Assignment & Assumption. F220 -2- 132 4. Incorporation of SIA Provisions. The SIA, and each provision therein, unless otherwise modified in writing, is incorporated in this Assignment & Amendment in its entirety and Assignee agrees and warrants that it assumes and is bound by each obligation found in the SIA in the same manner as Assignor prior to this assignment. F220 -3- 133 IN WITNESS WHEREOF, the parties hereto have executed this Assignment & Amendment on day of , 20 CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 (760) 777-7075 FRANK J. SPEVACEK Date City Manager, City of La Quinta ATTEST: SUSAN MAYSELS City Clerk, City of La Quinta ASSIGNOR: KB Home Coastal, Inc., a California corporation 36310 Inland Valley Drive Wildomar, CA 92595 5C.Tv VAC'Asen s T Its: �t}r(.,YJc� 1�1c1f1i1. f1fk N its: cur �F t i I ut1 P( 1 ' ASSIGNEE: VTL Palizada LLC, a Delaware limited liability company 23 Corporate Plaza, Suite 150 Newport Beach, CA 92660 Its: Its: F220 -4- 134 ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT AMENDED TRACT MAP NO.31733 OFF -SITE IMPROVEMENTS This ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT ("Assignment & Amendment") is made and entered into as of the day of , 20 , by and among the CITY OF LA QUINTA, a municipal corporation of the State of California ("City"), KB Home Coastal, Inc., a California corporation ("Assignor"), and VTL Palizada, LLC, a Delaware limited liability company ("Assignee"). RECITALS A. City and Assignor entered into that certain Subdivision Improvement Agreement, dated July 5, 2007 ("SIA"), pursuant to which Assignor, as the "Subdivider" defined in the SIA, agreed to plan for, install, and construct certain public and/or private improvements on Tract No. 31733 ("Tract"), as more fully described in Exhibit "A" of the SIA ("Improvements"). B. Assignor desires to assign the SIA, and all of Assignor's rights and obligations thereunder, to Assignee and Assignee desire to assume Assignor's position with respect to the SIA and of Assignor's rights and obligations under the SIA subject to the terms of this Assignment & Amendment. C. In connection with the foregoing described assignment and assumption, the City and Assignee have agreed to certain modifications to the SIA as set forth herein to be effective upon full execution of this Assignment & Amendment by all the parties hereto. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Assignment and Assumption, Assignor hereby transfers and assigns to Assignee all of the Assignor's rights, title, and interest in and to, and obligations under, the SIA, and Assignee hereby assumes all rights, title, and interest in and to, and obligations under, the SIA. City hereby consents to the foregoing assignment and assumption. F22o 135 2. Replacement of Improvement Security. Pursuant to the SIA, Assignor has furnished the City security for the Improvements. For purposes of this Assignment & Assumption, such security in the aggregate shall be hereinafter referred to as "Improvement Security." Assignee hereby warrants that within five (5) days of this executed Assignment and Amendment, it shall replace Assignor's Improvement Security with securities of its own in amounts as described in SECTION 2.A. , unless the City otherwise determines at its discretion and in writing that such security can be issued at a lesser amount. Assignee's securities shall be in full compliance with the terms and conditions stated in the SIA for such securities. The City agrees that upon receipt of evidence that Assignee has obtained such new securities in a form satisfactory to the City, the City shall release Assignor's Improvement Security. (A) Faithful Performance Securities and Labor & Materials Securities based on updated engineer's cost estimates for the following improvements: OFF -SITE IMPROVEMENTS Performance Security Labor & Material Security Improvement Description Bond Amount Bond Amount Street Improvements $427,130 $427,130 Sidewalk and Multi -Use Trail $112,901 $112,901 Signing and Striping $20,534 $20,534 Landscaping $199,386 $199,386 Total $759,951 $759,951 Standard 10% Contingency $75,995 $75,995 Total Construction Cost $835,946 $835,946 Professional Fees, Design 10% $83,595 $83,595 Professional Fees, Construction 10% $83,595 $83,595 BOND AMOUNT $1,003,135 $1,003,135 50%Traffic Signal at Moonstone Way (Ave 61 Entry) $215,000 $215,000 25%Traffic Signal at Monroe St and Ave 61 $107,500 $107,500 BOND AMOUNTI $322,500 $322,500 3. Solvency. As a material inducement to the City to enter into the Assignment & Assumption, Assignee hereby represents and warrants to City, and City hereby relies on Assignee's representation and warranty, that Assignee is solvent and has the financial capability of fulfilling each and every obligation and duty it takes on by way of the Assignment & Assumption. 4. Incorporation of SIA Provisions. The SIA, and each provision therein, unless otherwise modified in writing, is incorporated in this Assignment & Amendment in its entirety and Assignee agrees and warrants that it assumes and is bound by each obligation found in the SIA in the same manner as Assignor prior to this assignment. F220 -2- 136 IN WITNESS WHEREOF, the parties hereto have executed this Assignment & Amendment on day of , 20 CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 (760) 777-7075 FRANK J. SPEVACEK City Manager, City of La Quinta ATTEST: SUSAN MAYSELS City Clerk, City of La Quinta Date ASSIGNOR: KB Home Coastal, Inc., a California corporation 36310 Inland Valley Drive Wildomar, CA 92595 co'�r I-lc+�se/1 Its: Q� Its: ASSIGNEE: VTL Palizada LLC, a Delaware limited liability company 23 Corporate Plaza, Suite 150 Newport Beach, CA 92660 Its: Its: F220 -3- 137 ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT AMENDED TRACT MAP NO.31733 ON -SITE IMPROVEMENTS This ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT ("Assignment & Amendment") is made and entered into as of the day of , 20 , by and among the CITY OF LA QUINTA, a municipal corporation of the State of California ("City"), KB Home Coastal, Inc., a California corporation ("Assignor"), and VTL Palizada, LLC, a Delaware limited liability company ("Assignee"). RECITALS A. City and Assignor entered into that certain Subdivision Improvement Agreement, dated July 5, 2007 ("SIA"), pursuant to which Assignor, as the "Subdivider" defined in the SIA, agreed to plan for, install, and construct certain public and/or private improvements on Tract No. 31733 ("Tract"), as more fully described in Exhibit "A" of the SIA ("Improvements"). B. Assignor desires to assign the SIA, and all of Assignor's rights and obligations thereunder, to Assignee and Assignee desire to assume Assignor's position with respect to the SIA and of Assignor's rights and obligations under the SIA subject to the terms of this Assignment & Amendment. C. In connection with the foregoing described assignment and assumption, the City and Assignee have agreed to certain modifications to the SIA as set forth herein to be effective upon full execution of this Assignment & Amendment by all the parties hereto. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Assignment and Assumption. Assignor hereby transfers and assigns to Assignee all of the Assignor's rights, title, and interest in and to, and obligations under, the SIA, and Assignee hereby assumes all rights, title, and interest in and to, and obligations under, the SIA. City hereby consents to the foregoing assignment and assumption. F220 138 2. Replacement of Im rovement Securit . Pursuant to the SIA, Assignor has furnished the City security for the Improvements. For purposes of this Assignment & Assumption, such security in the aggregate shall be hereinafter referred to as "Improvement Security." Assignee hereby warrants that within five (5) days of this executed Assignment and Amendment, it shall replace Assignor's Improvement Security with security of its own in an amount as described in SECTION 2.A. , unless the City otherwise determines at its discretion and in writing that such security can be issued at a lesser amount. Assignee's security shall be in full compliance with the terms and conditions stated in the SIA for such security. The City agrees that upon receipt of evidence that Assignee has obtained such new security in a form satisfactory to the City, the City shall release Assignor's Improvement Security. (A) Faithful Performance Bond in the amount of $7,613,958 based on updated engineer's cost estimates for the following improvements: ON -SITE IMPROVEMENTS Performance Security Improvement Description Bond Amount Rough Grading and Walls $1,697,864 Street Improvements $1,205,125 Storm Drain $478,422 Sanitary Sewer $166,700 Domestic Water $912,206 Dry Utilities $312,500 Landscaping $965,333 Monumentation $30,000 Total $5,768,150 Standard 10% Contingency $576,815 Total Construction Cost $6,344,965 Professional Fees, Design 10% $634,497 Professional Fees, Construction 10% $634,497 BOND AMOUNT $7,613,958 3. Solvencv. As a material inducement to the City to enter into the Assignment & Assumption, Assignee hereby represents and warrants to City, and City hereby relies on Assignee's representation and warranty, that Assignee is solvent and has the financial capability of fulfilling each and every obligation and duty it takes on by way of the Assignment & Assumption. 4. Incorporation of SIA Provisions. The SIA, and each provision therein, unless otherwise modified in writing, is incorporated in this Assignment & Amendment in its entirety and Assignee agrees and warrants that it assumes and is bound by each obligation found in the SIA in the same manner as Assignor prior to this assignment. F220 -2- 139 IN WITNESS WHEREOF, the parties hereto have executed this Assignment & Amendment on ``' day of-Svr,-,120 � :�. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 (760) 777-7075 FRANK J. SPEVACEK City Manager, City of La Quinta ATTEST: SUSAN MAYSELS City Clerk, City of La Quinta Date ASSIGNOR: KB Home Coastal, Inc., a California corporation 36310 Inland Valley Drive Wildomar, CA 92595 f � , Sco Nonse/l Its: NZ-?' roR urea r nn� n ; w:� I 4n.t �USpN 1N�>Qv' Its: *. 4)/2• det7lm0IV17y'P600,,bP/n5Nri' ASSIGNEE: VTL Palizada LLC, a Delaware limited liability company 23 Corporate Plaza, Suite 150 Newport Beach, CA 92660 Its: Its: F220 -3- 140 ATTACHMENT 2 AMENDMENT NO. 2 TM 31732 & AMENDED TM 31733 BELLASENO 1101 PROJECT SITE AMENDED TRACT 31732 & 31733 VICINITY NOT TO SCALE a!R�do 0 0 AVENGE 62 MAP 141 142 City of La Quinta CITY COUNCIL MEETING: August 2, 2016 STAFF REPORT AGENDA TITLE: APPROVE PLANS, SPECIFICATIONS, ENGINEER'S ESTIMATE AND ADVERTISE THE POINT HAPPY AND ROUDEL DRAINAGE IMPROVEMENT PROJECTS RECOMMENDATION Approve the plans, specifications, and engineer's estimate; and authorize staff to advertise the Point Happy and Roudel Drainage Improvements. EXECUTIVE SUMMARY • The project will improve the storm drain outlets to the Whitewater River at the Point Happy development and at the intersection of Roudel Lane and Cortez Lane (Attachment 1). FISCAL IMPACT Council approved a budget of $100,000 from developer settlement agreement funds for the Point Happy Storm Drain Outlet Structure Project (Project No. 2014-12) in the 2014/15 Capital Improvement Program (CIP). Council approved a budget of $254,000 from the General Fund for the Roudel Drainage Improvements (Project No. 2015-06) in the 2015/16 CIP. The following are the anticipated project budgets: Project Total Point Happy Roudel Professional: $ 27,000 $ 10,000 $ 17,000 Design: $ 76,210 $ 14,425 $ 61,785 Inspection/Testing/Survey: $ 21,425 $ 6,825 $ 14,600 Construction: $180,000 $ 50,000 $130,000 City Administration: $ 11,000 $ 3,500 $ 7,500 Contingency: $ 38,365 $ 15,250 $ 23,115 Total Budget: $354,000 $100,000 $254,000 The engineer's estimate is $50,000 for Point Happy and $130,000 for Roudel. This preliminary estimate is based on plans that are 95 percent complete and have not been refined. Construction bids have not been received. Staff will make an appropriate fiscal recommendation when Council considers the construction award. 143 BACKGROUND/ANALYSIS The Point Happy Project will install a flap gate that allows storm water to be discharged from the Point Happy Ranch residential development into the Whitewater Channel. However, the flap gate closes to protect the homes once the water level in the Channel rises. The City is constructing this improvement as part of a Settlement and Release Agreement with Arch Insurance Company for this development. The Roudel Project will install a headwall that will protect the outlet that was damaged prior to a heavy storm in August 2013 causing the storm drain to back up and flood the street and private property upstream from the outlet. Although the plans are in final design and resource agency permits are still being obtained, staff is requesting approval now in order to be able to bid the project during the Council recess. Contingent upon Council's approval to advertise the project for bid on August 2, 2016, the following is the project schedule: Council Bid Authorization Bid Period Council Considers Project Award Execute Contract and Mobilize Construction (30 Working Days) Accept Improvements ALTERNATIVES August 2, 2016 August 18, 2016 to September 15, 2016 October 4, 2016 October 5 to October 31, 2016 October/December 2016 December 2016 Council could delay approval until all resource agency permits are received; however, this alternative would lengthen the construction schedule. Prepared by: Ed Wimmer, P.E., Principal Engineer Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer Attachment: 1. Vicinity Map 144 ATTACHMENT 1 FRED WARINGI DR MILES Indian � o Wells Q J z 0 o Q Q � 0 = w z � � 0 La Qu i nta AVE z 0 ry Indio w w HWY 1 1 1 E 48 145 146 City of La Quinta CITY COUNCIL MEETING: August 2, 2016 STAFF REPORT AGENDA 'r"'`r AWARD CONTRACT TO URBAN HABITAT ENVIRONMENTAL LANDSCAPES FOR CONSTRUCTION OF NORTH LA QUINTA PARKWAY TURF CONVERSION IMPROVEMENTS, LOCATED ALONG PORTIONS OF WASHINGTON STREET AND VIA SEVILLA - PHASE 1 (DEL ORO) RECOMMENDATION Award a contract to Urban Habitat Environmental Landscapes in the amount of $153,768.68 to construct the North La Quinta Parkway Turf Conversion Improvements located at the northwest corner of Washington Street and Villa Sevilla. EXECUTIVE SUMMARY • This project will convert over 12,000 square feet of turf to the Desert Oasis plant palette in the parkway and medians (Attachment 1). • Urban Habitat Environmental Landscapes of La Quinta, California submitted the lowest responsive bid at $142,938.68. FISCAL IMPACT The project is included in the 2016/17 Capital Improvement Program (CIP) and has Redevelopment Loan Repayment Funds assigned in the amount of $750,000. Considering project costs to date and the construction bid of $153,768.68, the following is the adjusted budget for Phase 1 - Del Oro: Project Total Phase 1 - Del Oro Professional: $ 40,422 $ 13,950 Design: $ 52,157 $ 18,000 Inspection/Testing/Survey: $ 50,853 $ 17,550 Construction: $521,569 $153,769 City Administration: $ 26,078 $ 9,000 Contingency: $ 58,921 $ 21,500 Total Budget: $7507000 $233,769 An application for $7,020 has been submitted to the Coachella Valley Water District (CVWD) Turf Conversion Rebate Program. If approved by CVWD, these funds will be used for future turf conversion projects. 147 BACKGROUND/ANALYSIS On June 21, 2016, Council authorized staff to advertise the first phase of the North La Quinta Turf Conversion project for construction bids. The City received four bids on July 25, 2016 (Attachment 2). There are two bid item alternates. Staff does not recommend that Council award the deductive alternate to install furnished palm trees by others since the palm trees have not been provided by the Indian Wells Tennis Garden. However, in order to provide a more attractive overall project staff recommends awarding the additive alternate to paint the block wall. The following is the proposed project schedule: Project Award Consideration Execute Contract and Mobilize Construction (40 Working Days) Accept Improvements LkLTERNATIVES August 2, 2016 August 3 to August 29, 2016 September/October 2016 November 2016 The Council may elect to not replace existing turf and shrubs and continue to reduce irrigation to meet the City's water budget. Since this would lead to further deterioration of the existing landscape, staff does not recommend this alternative. Prepared by: Ed Wimmer, P.E., Principal Engineer Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer Attachments: 1. Vicinity Map 2. Bid Comparison Summary 148 ATTACHMENT 1 COUNTRY CLUB ST,gTE 0 AVENUE 42 FRED WARING DR. �9 d s VIA SEVILLA 4- ,r PROJECSITET 149 150 NORTH LA QUINTA PARKWAY TURF CONVERSION - DEL ORO 2016-03A BID OPENING: JULY 25, 2016 Engineers Estimate Item No. Description QTY Unit Unit Price Extended Price 1 Mobilization 1 LS $ 15,000.00 $ 15,000.00 2 Traffic Control 1 LS $ 10,000.00 $ 10,000.00 3 Dust Control 1 LS $ 2,500.00 $ 2,500.00 4 Clearing and Grubbing 1 LS $ 10,000.00 $ 10,000.00 5 Demolition and Disposal 1 LS $ 10,000.00 $ 10,000.00 6 Modify Existing Lighting Electrical System 1 LS $ 5,000.00 $ 5,000.00 7 Soil Prep and Fine Grading 1 LS $ 2,000.00 $ 2,000.00 8 Furnish and Install Boulders per Plan - "Hickory Creek", 2'-3' 71 EA $ 205.00 $ 14,555.00 9 Furnish and Install 3/8" Apache Brown Crushed Rock 2,900 SF $ 2.00 $ 5,800.00 10 Furnish and Install 3/4" Minus Desert Gold DG 6,375 SF $ 2.00 $ 12,750.00 11 Furnish and Install 6" Minus Cresta Rubble 3,980 SF $ 2.50 $ 9,950.00 12 Furnish and Install PermaLoc Header 56 LF $ 10.00 $ 560.00 13 Furnish and Install Landscaping er Plan and Specifications 1 LS $ 26,000.00 $ 26,000.00 14 Furnish and Install Irrigation per Plan and Specifications 1 LS $ 20,000.00 $ 20,000.00 15 90 - Day Maintenance Period 1 LS $ 2,500.00 $ 2,500.00 16 Keystone Concrete Retaining Wall 1 LS $ 6,500.00 $ 6,500.00 SUBTOTAL BID ITEMS 1-16: $ 153,115.00 Deductive Alternate No. 1 Item Description QTY Unit Unit Price Extended Price No. Install and Guarantee Six Phoenix Dactylifera - Furnished and 1 Delivered to Site by Others 6 EA $ (3,000.00) $ (18,000.00) SUBTOTAL ADDITIVE ALTERNATE 1: $ (18,000.00) Additive Alternate No. 1 Item Description QTY Unit Unit Price Extended Price No. 1 Paint Block Wall per Plan 1 1 LS $ 8,000.00 $ 8,000.00 SUBTOTAL ADDITIVE ALTERNATE 2: $ 8,000.00 TOTAL BID ITEMS, DED. ALT. 1, & ADD. ALT. 1: 1 $ 143,115.00 Denotes Calculation Error Urban Habitat Environmental Landscapes Unit Price Extended Price $ 7,800.00 $ 7,800.00 $ 10,000.00 $ 10,000.00 $ 2,000.00 $ 2,000.00 $ 9,206.25 $ 9,206.25 $ 4,600.00 $ 4,600.00 $ 1,600.00 $ 1,600.00 $ 6,137.50 $ 6,137.50 $ 125.00 $ 8,875.00 $ 1.45 $ 4,205.00 $ 1.00 $ 6,375.00 $ 2.45 $ 9,751.00 $ 9.50 $ 532.00 $ 40,234.90 $ 40,234.90 $ 26,600.78 $ 26,600.78 $ 2,400.00 $ 2,400.00 $ 9,171.25 $ 9,171.25 $ 149,488.68 Conserve LandCare Unit Price Extended Price $ 5,500.00 $ 5,500.00 $ 10,000.00 $ 10,000.00 $ 3,000.00 $ 3,000.00 $ 10,000.00 $ 10,000.00 $ 5,000.00 $ 5,000.00 $ 2,500.00 $ 2,500.00 $ 4,500.00 $ 4,500.00 $ 120.00 $ 8,520.00 $ 1.50 $ 4,350.00 $ 2.00 $ 12,750.00 $ 4.00 $ 15,920.00 $ 5.00 $ 280.00 $ 33,500.00 $ 33,500.00 $ 25,000.00 $ 25,000.00 $ 3,000.00 $ 3,000.00 $ 18,500.00 $ 18,500.00 $ 162,320.00 Earth Sculptures, Inc. Unit Price Extended Price $ 14,800.00 $ 14,800.00 $ 10,500.00 $ 10,500.00 $ 850.00 $ 850.00 $ 9,800.00 $ 9,800.00 $ 6,900.00 $ 6,900.00 $ 1,200.00 $ 1,200.00 $ 13,500.00 $ 13,500.00 $ 240.00 $ 17,040.00 $ 3.00 $ 8,700.00 $ 1.00 $ 6,375.00 $ 2.90 $ 11,542.00 $ 10.00 $ 560.00 $ 27,400.00 $ 27,400.00 $ 16,000.00 $ 16,000.00 $ 3,800.00 $ 3,800.00 $ 14,500.00 $ 14,500.00 $ 163,467.00 Kirkpatrick Landscaping Services, Inc. Unit Price Extended Price $ 22,355.62 $ 22,355.62 $ 10,170.00 $ 10,170.00 $ 3,368.88 $ 3,368.88 $ 13,848.00 $ 13,848.00 $ 17,978.00 $ 17,978.00 $ 965.00 $ 965.00 $ 7,653.00 $ 7,653.00 $ 108.36 $ 7,693.56 $ 1.58 $ 4,582.00 $ 1.24 $ 7,905.00 $ 2.98 $ 11,860.40 $ 9.97 $ 558.32 $ 18,629.08 $ 18,629.08 $ 24,983.18 $ 24,983.18 $ 900.00 $ 900.00 $ 8,988.34 $ 8,988.34 $ 162,438.38 Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price $ (1,800.00) $ (10,800.00) $ (3,000.00) $ (18,000.00) $ (1,800.00) $ (10,800.00) $ (1,950.00) $ (11,700.00) $ (10,800.00) $ (18,000.00) 1 $ (10,800.00) 1 $ (11,700.00) Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price $ 4,250.00 $ 4,250.00 $ 4,400.00 $ 4,400.00 $ 7,200.00 $ 7,200.00 $ 16,376.00 $ 16,376.00 $ 4,250.00 $ 4,400.00 $ 7,200.00 $ 16,376.00 $ 142,938.68 1 $ 14 1 $ 159,867.00 $ 167,114.38 7/25/2016 Page 1 of 1 151 152 City of La Quinta CITY COUNCIL MEETING: August 2, 2016 STAFF REPORT AGENDA TITLE: AWARD CONTRACT TO R.E. SCHULTZ CONSTRUCTION, INC. FOR INSTALLATION OF PLAYGROUND EQUIPMENT AT VELASCO, EISENHOWER, AND SAGUARO PARKS FOR MISCELLANEOUS PARKS AMERICANS WITH DISABILITIES ACT IMPROVEMENTS PROJECT RECOMMENDATION Award a contract to R.E. Schultz Construction, Inc. in the amount of $62,736 to install playground equipment at Velasco, Eisenhower, and Saguaro Parks. EXECUTIVE SUMMARY • This project replaces existing non -compliant playground equipment with new, previously purchased, Americans with Disabilities Act (ADA) compliant equipment at Velasco, Eisenhower, and Saguaro Parks (Attachment 1). • R.E. Schultz Construction, Inc. of Orange, California submitted the lowest responsive bid. FISCAL IMPACT New ADA compliant playground equipment was previously purchased with Community Development Block Grant funds from the Miscellaneous Parks Americans with Disabilities Act Improvements (Project No. 2013-02A). Council directed that remaining Quimby funds ($93,875) be used to remove the existing non -compliant equipment and install the new equipment. Considering project costs to date and the lower than anticipated construction bid of $62,736 (Attachment 2), the following is the adjusted budget: Adjusted Project Total Professional: $ 10,890 Inspection/Testing/Survey: $ 7,410 Construction: $ 62,736 City Administration: $ 3,800 Contingency: $ 9,039 Total Budget: $ 931875 153 BACKGROUND/ANALYSIS On June 21, 2016, Council authorized staff to advertise the project for construction bids. The City received three bids on July 21, 2016. The following is the proposed project schedule: Council Considers Project Award Execute Contract and Mobilize Equipment Delivery Construction (20 Working Days) Accept Improvements ALTERNATIVEF August 2, 2016 August 3 to August 29, 2016 August 22 to October 3, 2016 October/November 2016 November 2016 Since ADA compliant equipment is a State requirement for all playgrounds and a specialty license is required to install playground equipment, staff does not recommend an alternative. Prepared by: Ed Wimmer, P.E., Principal Engineer Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer Attachments: 1. Vicinity Map 2. Bid Comparison Summary 154 ATTACHMENT 1 _ fresh W@.ing for �' Fred'Varing Cir g Fred Wgring Dr Heritage Palms PA RE s Ave Mile Ave Golf Club Miles Aare rrdion Wells. ountry Club Indian Springs Golf Club � Ik111,, {ii tT+ Ave AS Aa Wit, 4 # lu ,Vjer Dr J La Quinta Resort & Club Le uiin#a* 3 CDuntry Club Avenue 90 Avenue 50 n:. r The Citrus - Course rn Avenue 52 in .. t4 ¢ Avenue 52 � � Le Quinta° 1 n y • 2 C= = x caile chillm Avemue 54 caiie?""rid ' Cal le Tereus l,-0[7.iI5 fl= i7 Cal1e ei. 4n Location Map Project No. 2013-02A Playground Equipment Installation 1. Velasco Park 2. Eisenhower Park 3. Saguaro Park 155 156 Playground Equipment Installation Project ATTACHMENT 2 PROJECT NO. 2013-02A BID OPENING: July 21, 2016 Engineers Estimate Item No. Description CITY Unit Unit Price Extended Price 1 Mobilization 1 LS $ 6,500.00 $ 6,500.00 2 Remove Existing Playground Equipment — Eisenhower Park 1 LS $ 4,000,00 $ 4,000.00 3 Remove Existing Playground Equipment — Velasco Park 1 LS $ 4,000.00 $ 4,000.00 4 Remove Existing Playground Equipment — Saguaro Park 1 LS $ 4,000.00 $ 4,000.00 5 Install New Playground Equipment — Eisenhower Park 1 LS $ 20,000.00 $ 20,000.00 6 Install New Playground Equipment — Velasco Park 1 LS $ 15,000.00 $ 15,000.00 7 Install New Playground Equipment — Saguaro Park 1 LS $ 15,000.00 $ 15,000.00 8 Install Wood Fiber— Eisenhower Park 1 LS $ 2,500.00 $ 2,500.00 9 Install Wood Fiber—Velasco Park 1 LS $ 2,500.00 $ 2,500.00 10 Install Wood Fiber — Saguaro Park 1 LS $ 2,500.00 $ 2,500.00 R.E. Schultz Construction, Inc. Unit Price Extended Price $ 3,606.00 $ 3,606.00 $ 3,500.00 $ 3,500.00 $ 3,500.00 $ 3,500.00 $ 3,500.00 $ 3,500.00 $ 20,400.00 $ 20,400.00 $ 9,450.00 $ 9,450.00 $ 10,850.00 $ 10,850.00 $ 3,110.00 $ 3,110.00 $ 2,410.00 $ 2,410.00 $ 2,410.00 $ 2,410.00 Micon Construction, Inc. Unit Price Extended Price $ 10,650.00 $ 10,650.00 $ 9,539.00 $ 9,539.00 $ 6,353.00 $ 6,353.00 $ 7,533.00 $ 7,533.00 $ 20,116.00 $ 20,116.00 $ 10,914.00 $ 10,914.00 $ 11,503.00 $ 11,503.00 $ 1,251.00 $ 1,251.00 $ 712.00 $ 712.00 $ 921.00 $ 921.00 Red Hawk Services Unit Price Extended Price $ 4,500.00 $ 4,500.00 $ 7,500.00 $ 7,500.00 $ 7,500.00 $ 7,500.00 $ 7,500.00 $ 7,500.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 2,500.00 $ 2,500.00 $ 2'500.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 GRAND TOTAL: $76,000.00 $62,736.00 $79,492.00 $94,500.00 7/21/2016 Page 1 of 1 157 158 City of La Quinta CITY COUNCIL MEETING: August 2, 2016 STAFF REPORT AGENDA TITLE: APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HR GREEN, INC. TO PROVIDE ON -CALL DEVELOPMENT PLAN CHECK SERVICES RECOMMENDATION Approve a Professional Services Agreement with HR Green, Inc. to provide on -call development plan check services in the amount of $100,000. EXECUTIVE SUMMARY • In April 2016, the City issued a request for proposals (RFP) for on -call development plan check services. • On -call plan check services allow the Design and Development Department to achieve plan check review within the advertised time frames. FISCAL IMPACT This contract will cost $100,000. Funds are available in the 2016/17 Design and Development budget. BACKGROUND/ANALYSIS The Public Works Development Division uses on -call plan check consultants during workload peaks. The current agreement expired on June 30, 2016. An RFP was posted in April 2016 for public works plan -check services and six proposals were received; two firms were subsequently selected. HR Green, Inc. was selected as one of the top two firms. Interwest Consulting Group was the second firm. The HR Green, Inc. Professional Services Agreement (PSA) is for one year with an option to renew for an additional two years upon mutual agreement by both parties (Attachment 1). ALTERNATIVES Council may opt to not approve the PSA and direct staff to perform plan checks in-house, or to bring back an alternate consultant; however, since this may unnecessarily delay review of private development projects, this alternative is not recommended. Prepared by: Bryan McKinney, P.E., Principal Engineer Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer Attachment: 1. PSA for Development Plan Check Services with HR Green, Inc. 159 160 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 HR Green California, 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 Engineering Plan Check Se ry i c e s, as specified in the "Scope of Services" attached hereto as Exhibit"A"and incorporated herein by this reference (the "Services"). Consultant represents that Consultant is a provider of services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant represents that it shall follow the professional standards in performing the Services required hereunder. For purposes of this Agreement, the phrase "professional standards" shall mean the standard of care consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. 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 forthe 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, 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 Familiaritywith Work. By executing this Agreement, Consultantwarrantsthat (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) itfully 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 161 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 StandardofCare. Consultant acknowledges and understands thatthe Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's work will be held to the industry standard for work completed. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the 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 Consultantshall not be required to perform any Additional Serviceswithout 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 forAdditional 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 bythis referenceand expresslymadea 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. 162 2.0 COMPENSATION 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit ""B" (the "Schedule of Compensation") in a total amount not to exceed One Hundred Thousand Dollars ($100,000) (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 thisAgreement. 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 maybe 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. 163 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 J u I y 1 , 2 016 and terminate on u n e 30, 201 7 (initial term). Thisagreement may beextended fortwo (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: a. E-mail: b. E-mail: C. E-mail: 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 164 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. Jon ass o n , Design and Development Director/City Engineer or such other personas maybe 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 orAssignment. 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, withoutthe priorwritten approval of City. Transfers restricted hereundershall 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 Consultantof any liability hereunder withoutthe express consentof 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, orcontrol of Consultant's employees, servants, representatives, or agents, or in fixing their number or hours of service. Consultant shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. 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 toConsultantfor 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. 165 Notwithstanding any other City, state, orfederal 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 foremployer contributions and/or employee contributions for PERSbenefits. 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'compensationlaws 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 hereunderwhich are reasonably available to Consultant onlyfrom orthrough 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 procureand maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, policies of insurance assetforth 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, 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. 166 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 bythis 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 notifythe 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. Consultantshall 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 Cityand the Services performed hereunder (the"Booksand Records"), as shall be necessaryto perform the Services required bythis 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 8546.71 if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subjectto 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, computerfiles, 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 167 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 andeffect. 7.4 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for Cityto copy, use, modify, reuse, orsublicenseany 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. ThisAgreement 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. 168 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. Compliancewith 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 rightto take legal action in the eventthatthe dispute is notcured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 8.8. During the period of time that Consultant is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. 8.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the Services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non - defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 FRESERVED1 169 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. Consultant reserves the right to terminate this agreement, upon 30 days' written notice to the City, if City fails to perform under this Agreement and does not cure the identified failure to perform within the 30 day notice period. 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 mitigate such damages), and City maywithhold any paymentsto Consultantforthe 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 bythe 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 170 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 interestofanycorporation, 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, byandforitself, 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, orancestry. 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 Attention: Frank Spevacek, City Manager 78-495 Calle Tampico La Quinta, California 92253 171 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 maybe 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 thisAgreement 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 thisAgreement which are hereby declared as severable and shall be interpreted to carry outthe intent of the parties hereunder unlessthe 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 thisAgreement, 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 ofthe 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 Agreementand no such otherthird parties shall have any rights or obligations hereunder. 172 10.10 Authoriiy. 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 toexecuteanddeliver this Agreement onbehalf ofsaid 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] 173 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 ASTO FORM: WILLIAM H.IHRKE, CityAttorney City of La Quinta, California Cor a Name: Title: V, ` ' .� ��7V7— Dated: ja—I lam. 174 Exhibit A Scope of Services Plan checking shall be provided by the On Call Engineering Plan Check Consultant, as applicable, with the following scope attached hereto. 175 City of La Quinta On -Call Engineering Plan Check Services STATEMENT OF QUALIFICATIONS Plan Check Process Our goal is to provide helpful design standard insight, responsiveness, and collaboration early and often to applicants while leveraging a proven development review process and electronic plan check/digital commenting to maximize efficiencies, promote project transparency, and save time and money. Our plan check process will be managed through our "GreenTREx'M " plan review and processing program, a formalized and integrated process whereby Technician, Review, and Experienced management/quality control functions are consistently implemented on each and every project. HR Green will assign registered engineers/land surveyors, and certified water quality and accessibility plan reviewers (e.g., QSD/QSP, CASp) to review plans for compliance with applicable design standards and requirements (grading, street, hydrology, hydraulics, drainage, sewer, water, NPDES/water quality, accessibility, traffic, PM10, etc.). Should the City so desire, plan review may be handled through a paperless electronic plan check/digital commenting process. LJGV V1%J[JI IIGI IL 1\GV IGVV r 1 %J%,V0 . Green,/ n,/ T R Ex HR Green Receives Project & Enters Information Into Tracking Log Submittal Intake City Assigns Project k Checklist Discuss Key Issues with City Title Sheet & Bond Estimate Review Distribute Plans To Appropriate Plan Reviewer Technician Street Improvement Map Reviews Water and Sewer Plan & Study Reviews Storm Drain Quality Reviews Finalize Plan Reviews City / Design Hydrology & Correction/ Engineer Hydraulic Approval Letter 7 Calculations & __/ � Traffic Management Plan Reviews Log Out Project WQMP Report Reviews Soils Reports Right -of -Way Document Reviews Bridge/ Retaining Wall Reviews Prepare Corrections Memo Experienced Reviewer Professional 19 176 HRGreen City of La Quinta On -Call Engineering Plan Check Services STATEMENT OF QUALIFICATIONS=�' k= �M ox r+tip The following table highlights HR Green's responsibilities during each phase of the review process. Phase Management/ Administrative HR Green ResponsibilitiesProject ✓ Maintain a Project Log ✓ Meet with City regularly to: — Discuss consultant performance — Inquire about revisions or updates to City/County policies and procedures — Discuss ideas to improve efficiency of comprehensive review process Before Review ✓ Verify the necessary items for project review are submitted — If complete ■ Budget hours and determine due date ■ Commence project review — If incomplete or deemed to be not ready for review, discuss next actions with the City During Review ✓ Check for conformance with the Conditions of Approval (COA) — Check off each applicable COA as it is satisfied — Identify outstanding COAs in the corrections memo ✓ Perform conformity review of each submittal with: — General Plan and City Ordinances — Applicable Design Guidelines — Specific Plans — Tentative Map — Conditions of Approval — Resolutions — Subdivision Map Act — Land Surveyor Act — Survey Documentation — Standards — Bond Unit Price List — Checklists — Current NPDES Stormwater Permits and Statewide General Permit ✓ Perform conflict check of each submittal with provided: — Existing plans — Grading and street improvement plans — Water and sewer plans — Storm drain plans — Utility plans — Final map — Easements — Building improvement plans — Reports (e.g. soils, traffic, hydrology/hydraulics) — Fugitive Dust Control (PM10) Plans — Water Quality Management Plan (WQMP) 20 177 HRGreen City of La Quinta On -Call Engineering Plan Check Services STATEMENT OF QUALIFICATIONS v cFMOF Sti Phase HR Green ResponsibilitiesProject After Review ✓ Quality review check by Project Manager ✓ Deliver submittal to City and update Project Log ✓ Provide City with the following deliverables: — Redlined plans, studies, estimates, and WQMP — Corrections memo — Copy of checklists ✓ Participate in a plan check meeting after the 1st Check and in weekly DRC meetings * Prior to subsequent reviews, the Engineer of Work must return the deliverables with written responses to the corrections memo Other ✓ Perform other review and inspection services as authorized by City staff Plan Check Review Schedule HR Green is committed to meeting or beating your review schedule. Plan Check Procedures / Methods of Resolving Disputes Key elements of our program to produce error free work include implementation of our GreenTREx Program, quality control at each review phase by registered engineers, and utilization of various forms and checklists. As part of our GreenTREx process our reviewers and experts will utilize conformity checks, conflict checks, general mathematics, and design criteria checks relative to applicable documentation during the plan review and processing phase. Moreover, after plan review, our Task Leaders will do a quality review check and will also participate in a plan review meeting after the second check with the permittee, applicant and/or owner (as required), as well as the design engineer to ensure all comments are clearly understood to facilitate accuracy and conformance in an efficient manner. Where appropriate, HR Green's quality assurance program will stress the following key areas: Face -to -Face Plan Check Meeting with Review Team & Developer's Engineer after 15t Plan Check We propose a plan check meeting be held at the end of the QA/QC process (after first plan check) to review all comments and issues with internal staff. This formalized internal process will promote consistency, ensuring everyone is on the same page on any major outstanding issues. The resulting benefits include clear and concise comments for the design team and elimination of multiple resubmittals. Right -of -Way Risk Management A right-of-way risk management approach early in the design process can identify all significant cost and schedule risk components and lay the foundation for a mitigation/avoidance plan to maintain forward momentum. Parcel mitigation planning during the early design is often a key component to accommodating certification deadlines and reducing project risk and impacts. Our plan check staff maintains a Stakeholder Information Sheet which addresses all pertinent information needed by the plan review and development processing staff such as ordinance and design manuals/standards required, plan format, approval format, fee structure, method of transmittal, 21 178 HRGreen City of La Quinta On -Call Engineering Plan Check Services STATEMENT OF QUALIFICATIONS contact person and any special policies. Any changes made will be incorporated and redistributed to all staff with the updated amendments. Our plan check staff has a variety of correction lists, supplemental lists and guidelines for use as deemed appropriate on each individual project. HR Green will maintain copies of Client Correction Lists and reference their use on our Stakeholders Information Sheet which all plan check staff reference at the beginning of each review. Upon completion of the plan checks, we will forward a copy of the transmittal and correction lists to the City at the same time that we forward the checkprints to the design engineer. When plan reviews are completed they will be stamped on every page, signed and forwarded with a transmittal form directly to the City. The plan check transmittal procedure used by our firm minimizes the possibility of the plans being tampered with when being forwarded for permit issuance. Our Transmittal Forms are customized for use exclusively with plan reviews to the requirements set forth by your City. They address items that could otherwise be easily missed between plan review and permit issuance. Our document files are in two main categories: a client master file and a project file. Client files contain: ■ Contract/Amendments ■ Policies, Interpretations and Procedures ■ Jurisdictional Information Sheet ■ Invoices ■ Ordinances, Standards, Guidelines, etc. Preferred correction lists, forms, general notes, etc., ■ Correspondence as required for use by the City Each submittal file contains items, such as the following: ■ Correction lists 0 Correspondence ■ Transmittal forms ■ Copies of marked plans (where applicable) ■ Calculations by plan reviewer HR Green provides best practices and state-of-the-art processes to efficiently manage plan check turnaround time and cost and keep projects on schedule. We aspire to no more than three (3) total plan check cycles. Through our formalized GreenTREx plan review process and use of electronic plan check/digital commenting we offer the City a proven alternative to the traditional approach by offering a "green," paperless solution which streamlines and expeditesthe review process. Depending upon the complexity and volume of plans to be reviewed we have a proven track record of beating your two week timeframe. We have expedited plan reviews the same day using collaborative tools and tecnologies to provide real-time input, comments, and eletronic transfer of plans. Should you not wish to utilize a green, paperless approach, we will transport plans between the City and our office by a method requested by the City. These options include, but are not limited to HR Green staff pick-up and drop-off and courier services. The City shall be copied on all plan check comment letters. 22 179 HRGreen City of La Quinta On -Call Engineering Plan Check Services STATEMENT OF QUALIFICATIONS Having long-established working relationships reviewing plans from developers and engineers of work who have been at the forefront of development within Southern California, we maintain effective and open communication with applicants early on to ensure they understand the latest standards and requirements, and are receiving the requisite supporting data and documentation to expeditiously move forward with development and to minimize rechecks. One of the most helpful ways to mitigate disputes is to establish open communication early and often (verbal and comprehensive written documentation/ correspondence) throughout the development process. Establishing a positive rapport and working relationship at the initial and subsequent DRC meetings will promote constructive dialogue between the plan checker and developer's engineer. Mutual buy -in can be established on areas of concern, performance expectations, goals, action items, Conditions of Approval, milestones, etc. Our staff will serve as a facilitator and problem -solver to maintain forward momentum. They will visit the site to determine if the improvements are practicable to existing site conditions and will try to anticipate issues to avoid future disputes. If critical disputes between our plan checkers and developers' engineers arise, HR Green will use the following methods to resolve the issues and facilitate schedule: 1. HR Green writes a letter to the Engineer of Record (EOR) documenting each design standard/code discrepancy with supporting design standard and/or development code requirements. This step alleviates most conflicts. 2. If the developer's consultant has questions regarding our letter, HR Green plan checkers meet with the FOR to help explain issues to the FOR as necessary. We always keep City staff involved on all correspondence and meetings. 3. If there is a dispute beyond these initial steps, HR Green then suggests a meeting with the City staff, developer, and EOR. Having the developer at the meeting is important to make the FOR accountable. 4. City staff members are the ultimate decision makers and can waive or override standards if they wish to do so to resolve the issue, such as alternative materials and methods of construction. 5. HR Green will utilize a tracking log to document the status of reviews through each review phase. We will utilize a tracking log and maintain detailed files (design review comments, inspection logs, deficiency logs, action items, correspondence, photo logs, etc.) to also document the status of inspections and share this documentation with the City and stakeholders, as requested. 6. Electronic plan review and digital commenting will expedite the review time, save money, and enhance collaboration between the FOR and HR Green. 23 180 HRGreen City of La Quinta On -Call Engineering Plan Check Services STATEMENT OF QUALIFICATIONS Best Practices / Value -Added Services Electronic Plan Check As an alternative to review of hardcopy media, our team can review electronic media should it be the desire your agency to accept submittals electronically. Our staff members have been leaders in the field of digital plan review and workflow management. Consequently, we have the experience and know- how to efficiently manage and review electronic documents. With electronic submittal of all plan documents, we are able to track and communicate all plan review comments and approvals through a project web site. Plan submittals are accepted and comments generated in Adobe° PDF format. HR Green utilizes proactive, hands-on management; face-to-face meetings; and proven electronic review systems and tracking tools to streamline service delivery, enhance communication, and promote transparency. For example, we use digital commenting, where reviews and comments are accessible in real time electronically to all stakeholders as well as detailed tracking systems to give you immediate access to project status. These tools maximize collaboration, enhance expedited requests, save money and time, reduce waste and storage space, build consensus, and promote project transparency. Our Project Manager, Tina York, PE, has been at the forefront of implementing an electronic review process for 30+ public agencies at the municipal, regional, and federal level. Case Study -Electronic Plan Check Issue: Grading operations were to start on Monday. However, last minute design changes the previous Thursday required approval before grading could begin. Solution: Plans were sent to our project manager electronically in PDF format. Her comments were digitally placed on the plans and reviewed with the client through a web meeting, allowing all parties to simultaneously view plans and comment on changes. Grading plans were approved on Friday. Benefit: Plans were approved within 1 day, saved money, protected integrity of plans, built stakeholder consensus, promoted project transparency, and initiated grading operations without delay. 24 181 HRGreen City of La Quinta On -Call Engineering Plan Check Services STATEMENT OF QUALIFICATIONS Sample Electronic Plan Sheet/Digital Commenting for La Quinta STREET 0+00 1 MC3N 57RFE! 9ECT1011 �1 Is OF Tt54' 13 12 11 IT LOT ry � ID _ 1xO,la� ` maECT NOTES WI.W m� z „, ,ixowcanux vmxmw +.mxm w«, ,a we:m„ .r, . an, clre„s>�r �xr wws n 2 r ff .. N m �N aIRETf _FMIA Plan Review Tracking Logs A key to maintain close communication is the ability to give the stakeholders status updates on where their projects are in the review process. Our proposed Project Manager will provide a monthly progress report customized to your needs. Submittal Checklists HR Green staff has developed and customized checklists for plan check and map checks needs. Structural Review Our engineers have the capability of reviewing a wide array of basic types of structures, such as retaining walls and bus stop pads, as well as more complex structures, including, but not limited to soil nail walls, box culverts, and bridges. 25 182 HRGreen Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Consultant under this Agreement is One Hundred Thousand Dollars ($100,000) ("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. 183 Schedule A - Service Term, Schedule & Cost Proposal Consultant HR Green California, Inc. shall provide services for a term of twelve (12) months beginning July 1, 2016 and terminating on June 30, 2017. OFFICE HOURS The Consultant shall maintain normal office hours between 8:00 a.m. and 5:00 p.m., Monday through Friday. The Consultant shall be available to meet with City Staff during normal working hours with 48 hours advance notice. SCHEDULE.. The Consultant shall adhere to the following plan check schedule: Plan Submittal Plan Check Turn -Around From Receipt from City Staf 1st Plan Check 15 Working Days 2"d Plan Check 10 Working Days 3rd Plan Check 10 Working Days For larger, more complex projects such as golf course developments, one (1) additional week for the 1st and 2"d plan check shall be provided, if necessary to complete a thorough plan check. The consultant shall advise the Contract Officer, in writing, if additional time is needed. Normal plan check operations will be conducted as follows: 1st Submittal Upon completing the 1st review, the Consultant shall submit the "red lined" plans and a copy of the applicable Plan Check List to the City. The City will provide supplemental comment as necessary and forward "red lined" plans to the applicant. 2"d and Subsequent. Submittals Upon receipt of the 2"d round plan check submittal from the applicant and upon completing the 2"d review, the Consultant shall submit "red lined" plans and a copy of the applicable 2"d review Plan Check List to the City. The City will provide supplemental comment as applicable and forward 2"d review "red lined" plans to the applicant. The process of applicant correction, Consultant review followed by City review and "red lined" plan return to applicant shall continue until approvable plans are generated and a plan approval letter is submitted to the City by the Consultant. If necessary, the Consultant shall be available to meet with City staff and/or the applicant to review the plan check comments. The Consultant will communicate directly with the applicant regarding plan check issues and clarifications. The City desires an average of no more than 3 plan check rounds before final plan approval. The Consultant shall be required to use the City's TRAKiT software in the plan check process. The Consultant shall also be required to purchase or obtain the Bluebeam Revu software to allow electronic review and commenting of plans. 184 The Consultant shall maintain all files for a period of three years. Copies of requested files will be furnished to the City upon request. Plan Check. Compensation Plan check payment shall be made in full at a "fixed fee" rate of: $ 630 per sheet (submittals with 1-5 sheets in quantity) $ 610 per sheet (submittals with 6-15 sheets in quantity) $ 560 per sheet (submittals with 16 or more sheets in quantity) Sheet counts are based on the number of sheets submitted for plan check. Sheets may include title and detail sheets, street plans, storm drain plans, meandering sidewalk and parkway grading plans, rough & precise grading plans at 30, 40 or 50 feet per inch scale. Consultant receives no additional compensation for review of supporting documents including, but not limited to hydrology and hydraulic calculation reports, soils reports & engineer's cost estimates, conditions of approval, tentative tract and parcel maps. Consultant receives no additional compensation for delivery or postage fees necessary to transmit or receive plans from City. Consultant receives no additional compensation for travel to and from City Hall. This rate shall be compensation for up to three (3) plan checks. Supplemental payment for additional plan checks after the third check or for special engineering reports including Water Quality Management Plans (WQMP) or other engineering reports, shall be in made at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. An estimate of hours to complete the plan check (after the third plan check) or for special reports shall be made in writing to the Contract Officer for approval as specified in Section 1.6 - Additional Services of the Agreement. Compensation for the first three plan checks shall be distributed at the following schedule: First Plan Check 65% of the Total Plan Check Fee Second Plan Check 20% of the Total Plan Check Fee Third Plan Check 15% of the Total Plan Check Fee The Consultant shall be compensated upon the completion of each plan check as indicated in the above schedule and in conformance with Section 2.2 of the Agreement. If a project is suspended, either definitely or indefinitely, the Consultant shall be compensated based on the last completed plan check. If the plan check process is completed prior to the third plan check, 100% of the plan check fee will be paid upon completion of the final plan check. 185 The Consultant shall separately invoice per plan and per plan check. No exceptions will be allowed to the payment schedule. Consultant also may be requested to provide general civil consulting services for specific development related engineering projects for the City as applicable. Payment shall be made in full at an hourly rate of: $ 175.00 per hour - no overtime, travel time, expenses or other administrative charges will be allowable over and above the stated hourly rate schedule. 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 RATES. 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. CONSULTANT: By: Fill Green California. Inc. Date:. May 12, 2016 C aF,, Name: George A. Wentz, PE + j Title: Vice -President 186 Exhibit C Schedule of Performance Consultant shall complete all services identified in the Scope of Services, Exhibit"A" of this Agreement in accordance with the attached Project Schedule, attached hereto and incorporated herein by this reference. Consultant shall provide services for a term of twelve (12) months beginning J u I y 1 , 2016 and terminating on J une 30, 2017. OFFICE HOURS The Consultant shall maintain normal office hours between 8:00 a.m. and 5:00 p.m., Monday through Friday. The Consultant shall be available to meet with City Staff during normal working hours with 48 hours advance notice. SCHEDULE The Consultant shall adhere to the following plan check schedule: Plan Submittal Plan Check Turn -Around (From Receiptfrom City Staff) 1st Plan Check 15 Working Days 2nd Plan Check 10 Working Days 3rd Plan Check 10 Working Days For larger, more complex projects such as golf course developments, one (1) additional week for the 1stand2nd plan checkshall be provided, if necessaryto complete a thorough plan check. The consultant shall advise the Contract Officer, in writing, if additional time is needed. Normal plan check operations will be conducted as follows: 1st Submittal Upon completing the 1st review, the Consultant shall submit the "red lined" plans and a copy of the applicable Plan Check List to the City. The City will provide supplemental comment as necessary and forward "red lined" plans to the applicant. 2nd and SubsequentSubmittals Upon receipt of the 2nd round plan check submittal from the applicant and upon completing the 2nd review, the Consultant shall submit"red lined" plans and a copy of the applicable 2nd review Plan Check List to the City. The City will provide supplemental comment as applicable and forward 2nd review "red lined" plans to the applicant. The process of applicant correction, Consultant review followed by City review and "red lined" plan return to applicant shall continue until approvable plans are generated and a plan approval letter is submitted to the City by the Consultant. If necessary, the Consultant shall be available to meet with City staff and/or the applicant to review the plan check comments. The Consultant will communicate directly with the 187 a pplicantregardingplancheck issues and clarifications. The City desires an average of no more than 3 plan check rounds before final plan approval. The Consultant shall also maintain a plan check log as follows to track the plan check status. The plan check log shall include the following information: 1) Receipt Date 2) Transmittal Dates 3) Who is Receiving the Information 4) Status of Plan Check 5) Project Description and City Plan Check Number 6) Plan Check Fees The Consultant shall maintain all files for a period of three years. Copies of requested files will be furnished to the City upon request. 188 Exhibit D Special Requirements At no additional cost to the City: 1. The Consultant shall provide a hand held (type) cellular telephone for each plan checker assigned to the City Project(s) to assure rapid availability by telephone. 2. The Consultant shall provide his or her own transportation to and from the designated work site. Consultant will not be compensated for travel time to and from designated work site. 3. The Consultantshall purchase Blubeam Revu Standard software, which Consultant shall use for the electronic review of plans and maps. 4. The Consultant shall respond to requests for plan check within twenty-four (24) hours. 5. The Consultant shall supply all necessary tools and materials to perform their work. 189 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 (perclaim and aggregate) Workers' Com pensation (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 caused in whole or in part by 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 caused in whole or in part by 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 fortravel 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. 190 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 anyway 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. 191 E.3 General Conditions Pertaining to Provisions of Insurance Coverage bx Consultant. Consultant and City agree to the following with respectto 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. 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 Consultantand 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. Consultantshall 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. 192 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intendedtoapply 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 anytime 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, thisAgreementwillbe 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. 193 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 toCitywithin iEnQd�ysofthe expiration ofcoverages. 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 respectto 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 othersections 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. 194 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, and hold harmless City and any and all of its officials, employees, and agents ("Indemnified Parties") from and against any and all losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or of any subcontractor), costs and expenses including, without limitation, incidental and consequential damages, court costs, reimbursement of reasonable attorneys' fees as determined by mutual agreement of the parties or by a court of competent jurisdiction, 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 underthis Amended Agreement. 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, judgements, settlements, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential 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, arising out of the death or bodily injury to any person or destruction or damage to any property, to the extent caused by a negligent act, error, or omission in the performance of this Amended 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 agreesto 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 195 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 isdetermined by agreement between the parties or by the findings of court of competentjurisdiction. 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. 196 City of La Quinto CITY COUNCIL MEETING: August 2, 2016 STAFF REPORT AGENDA TITLE: APPROVE PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BAKER INTERNATIONAL FOR FEASIBILITY STUDY, PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE FOR EISENHOWER DRIVE DRAINAGE IMPROVEMENTS RECOMMENDATION Approve a Professional Services Agreement with Michael Baker International in the amount not to exceed $72,206 for the feasibility study, plans, specifications and engineer's estimate for the Eisenhower Drive Drainage Improvements. EXECUTIVE SUMMARY • The feasibility study will recommend storm drain facilities for flood protection and one 12-foot "dry lane" (water level no more than three inches high to allow emergency vehicle access) in each direction along Eisenhower Drive (Attachment 1) during a 150-year storm event. The 150-year storm event was chosen to optimize the level of storm protection versus improvement costs. This level of storm protection exceeds the industry accepted 100-year storm standard. • Michael Baker International submitted the most qualified proposal for the plans, specifications, and engineer's estimate. FISCAL IMPACT Council budgeted $1,800,000 in the 2015/16 Capital Improvement Program for drainage improvements and directed the funds be assigned to Eisenhower Drive and Washington Street following review of the Focused Drainage Study. For budgetary purposes, staff recommends the funding be assigned as follows: Washington Eisenhower Street Drive Professional: $20,000 $20,000 Feasibility Design: $55,860 $72,206 Remaining Budget Available for Inspection/Testing/Survey, Construction, City Administration $1,631,934 and Contingency Once Improvements Are Known Total Budget: $1,800,000 197 The professional services agreement (PSA) limits the consultant expenditure to the Alternative Feasibility Report only. A contract amendment for design fees will be negotiated and brought back to Council (based on the recommended drainage improvements from the feasibility study). BACKGROUND/ANALYSIS The City experienced two extreme storm events in the last three years. Council engaged Michael Baker International to evaluate the City's existing storm drain facilities in the hardest hit areas. Their Focused Drainage Study identified over $17 million of preliminary drainage improvements along the Eisenhower Drive and Washington Street corridors based on a 500-year storm event. Four proposals were received on May 19, 2016. The Selection Committee unanimously recommended Michael Baker International be awarded a PSA (Attachment 2) to prepare a feasibility study and to prepare plans, specifications and cost estimates for 150-year storm event drainage improvements for Eisenhower Drive. The design work will be completed in two phases. Phase I is a feasibility study for 150- year event drainage improvements ($72,206). The Phase II design budget was established based on the 500-year storm event improvements from the Focused Drainage Study and represents a worst case scenario. Phase II work objectives are optional tasks. The adjusted design fee will be negotiated once the specific 150-year storm event drainage improvements are identified and will be brought back to Council as a contract amendment. ALTERNATIVES Council may elect not to increase the level of storm protection above the industry accepted standard. However, since Eisenhower Drive is a key arterial road for emergency access this alternative is not recommended. Prepared by: Ed Wimmer, P.E., Principal Engineer Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer Attachments: 1. Vicinity Map 2. Professional Services Agreement 198 f - y^� R - Am• `s' ady'q y° :v w,� ' �IrAwr `� '' .-. 171 • _' oaf j XLa aM Q jfftawill INS i 1 3`• ■ 'apt. IV S GI' map 1p+ s s rs3. JYti a�a� Yu ay 7ow , ' �f s•w*^,rt-l�41pRFR{1!F'✓•0M1 � . � ,•� _y 41. � y Y gg 11 a t rl a.Y • a •�Y.i'J t i¢ w 'a{,3 `� M:� S✓. r �s.wri w++�t„4,ji - ti.ws t, Gi¢v;`�ai I OIL �� r�a`rrc}farrrue�, ',� ,� rr ^. 's� � i p'WOIKY9iY,li:FFN am is , IN IZ 41 VY e �lJ s a� r-*, LEGEND a _City Border VAN UMR, Study Area 9106 0 FOG s r used Flood Site 200 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 Michael Baker International ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to the Eisenhower Drive Drainage Improvements, Project No. 2015- 12B, 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 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 April 2015 201 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 unenforeceable. 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 Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Seventy Thousand, Two Hundred Six Dollars ($72,206.00) (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, 202 transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Consultant's overall compensation shall not exceed the Contract Sum, except as provided in Section 1.6 of this Agreement. 2.2 Method of Billing. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for Services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the Services provided, including time and materials, and (2) specify each staff member who has provided Services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Subject to retention pursuant to Section 8.3, City will pay Consultant for all items stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer pursuant to Section 1.6 of this Agreement shall be paid for in an amount agreed to in writing by both City and Consultant in advance of the Additional Services being rendered by Consultant. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council. Under no circumstances shall Consultant receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer pursuant to Section 1.6 of this Agreement. 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 203 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 August 3, 2016 and terminate on July 31, 2017 ("Initial Term"). This Agreement may be extended upon mutual agreement by both parties ("Extended Term"). 4.0 COORDINATION OFWORK 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. Michael Sutton, P.E., Vice President E-mail: msutton@mbakerintl.com b. John McCarthy, P.E., CFM E-mailjmccarthy@mbakerintl.com c. Mark Swanson, P.E., CPESC, QSD/QSP E-mail: mswanson@mbakerintl.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. 204 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Consultant, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Consultant's employees, servants, representatives, or agents, or in fixing their number or hours of service. Consultant shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. 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. 205 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. To the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, agents, and volunteers as set forth in Exhibit F ("Indemnification") which is incorporated herein by this reference and expressly made a part hereof. 7.0 RECORDS AND REPORTS. 7.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.2 Records. Consultant shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the "Books and Records"), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Consultant's business, custody of the Books and Records may be given to City, and access shall be provided by Consultant's successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 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 K ^. 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, 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. 207 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 8.8. During the period of time that Consultant is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. 8.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the Services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non -defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 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. 208 8.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.2, take over the Services and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 8.3. 8.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees; provided, however, that the attorneys' fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation. Attorneys' fees shall include attorneys' fees on any appeal, and in addition a party entitled to attorneys' fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose. 9.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 9.1 Non -liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Consultant covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would 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 209 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: Michael Baker International Attention: Michael Sutton, P.E. Vice President 75-410 Gerald Ford Drive, Suite 100 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 Severabilitv. 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. 210 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] 211 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California municipal corporation CONSULTANT: MICH t BAKER INTERNATIONAL By: Name: Michael Sutton, P.E. FRANKJ. SPEVACEK, City Manager Title: Vice President Dated: ATTEST: SUSAN MAYSELS, City Clerk La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 212 ExhibitA Scope of Services The Consultant's Scope of Work, dated July 18, 2016, is attached and made a part herewith. 213 City of La Quinta Eisenhower Drive Drainage Improvements, Project No. 2015-12B Section D SCOPE OF WORK PROGRAM (R-Ased June 29, 2016) PHASE I PRELIMINARY DESIGN TASK 1: PROJECT KICK-OFF Michael Baker Team will provide project management activities to ensure adherence to the project goals, budgets and schedule. This task shall include attendance at a project kick-off meeting to refine and clarify the project's objectives and schedule, development of a final project schedule, and data collection services. The City supplied materials and information will be provide at the kick-off meeting. TASK 2: PROJECT MEETINGS AND COORDINATION Michael Baker will manage project duties for the full project in order to assure a cost-efficient, quality process. Our staff will provide a suite of disciplines to effectively coordinate and communicate leading to design approval. This task includes overall project management, project schedule and maintenance, liaison with affected agencies, meeting leadership, progress monitoring and maintenance of project files. Michael Baker will supervise, coordinate, monitor and review design for conformance with agency standards, policies and procedures. As a part of this task, Michael Baker will have monthly progress meetings with the City. Deliverables: Meeting attendance, agendas, and minutes; project schedules TASK 3: SITE VISIT & PHOTOGRAPHY Michael Baker staff shall visit the site to familiarize themselves with the project site conditions. They will take ground level photographs to document field conditions and highlight critical areas. Once the project base map preparation is complete, Michael Baker Team will revisit the site to verify its accuracy, for use in design of the proposed improvements. The Michael Baker Traffic Control Team will also perform a site visit to review existing roadway conditions including traffic patterns, roadway geometry, signing and striping, and identify any potential traffic constraints that may be encountered in relation to proposed improvements. TASK 4: TOPOGRAPHIC SURVEY Michael Baker shall provide topographical survey work to cover approximately 80-feet on either side of the existing centerlines of Eisenhower Drive from Vista Laguna to Avenue 50. Topography shall also cover approximately three hundred feet (300') east of Eisenhower Drive at the entrance to La Quinta Resort and include the area northeast of the intersection of Avenue 50 and Valencia Court. Michael Baker will coordinate any traffic control needed for roadway access. This survey will identify all surface features such as manholes, curb and gutter, side walk, and right- of-way. It will also include details such as roadway cross sections, roadway profiles, raised medians, existing surface utility locations, utility invert elevations, building outlines, utility poles, luminaries and other utility appurtenances. Michael Baker shall data process all topography and prepare base map in a City compatible AutoCAD format. The base map will be developed with one -foot contours interval at scales of 1"=40' along the roadway alignment and 1"=20' at identified critical locations, and existing ground line profiles will be plotted from the field survey information. Base map will include features along Eisenhower Drive. TASK 5: SURVEY CONTROL/ROW MAPPING Michael Baker will research and review record information and other survey and mapping control data to compile a preliminary base map. Upon completion of this review and compilation, Michael Baker will perform a field survey I N TL RN ATI Q N AL D Scope of Work Program (Revised) Page 123 214 City of La Quinta Eisenhower Drive Drainage Improvements, Project No. 2015-12B to establish control for the project to locate and measure existing monumentation, including City benchmarks local to the project. The data from the field survey will be processed through a least squares adjustment, analyzed and constrained to local CORS stations to establish coordinate values for monuments, aerial targets, benchmarks and other survey control points observed in the field survey. The basis of horizontal control will be State Plane coordinates on the North American Horizontal Datum of 1983 (NAD83), and the vertical control will be based on North American Vertical Datum of 1988 (NAVD88). All survey data will be combined and compiled together with record information to establish a base map showing the project rights of way, property lines and centerline control. TASK 6: UTILITY COORDINATION Michael Baker will perform thorough utility research to establish the precise location of all utilities based on the latest available records. Utility coordination shall be conducted with the City, CVWD, and other impacted agencies prior to developing final alignment alternatives for the storm drain improvements. Michael Baker will initiate utility research immediately, and maintain a log of all utility request letters sent and data received. For those utilities that require a letter directly from the City, Michael Baker will send an electronic copy of the letter to the City to include on their letterhead and obtain signature. The Michael Baker Project Engineer will field verify the utilities based on the documents received. It is assumed that all utility plans obtained from the City will not require fees to be paid by the Consultant. It is assumed that conflicts with existing dry utilities will be relocated by the owner. Deliverables: Utility Log, and electronic copies of all correspondences and plans provided by the utility companies TASK 7: UTILITY BASE MAP Michael Baker will prepare a utility base map based on utility plans received from impacted agencies. This base map will be utilized to determine conflicts and also to determine a clear alignment option for the storm drain improvements. The data will be created in CAD format. Deliverables: Utility Base Map TASK 8: HYDROLOGY AND HYDRAULIC STUDIES Michael Baker will compile updated data and review the prior drainage study documents to verify existing drainage conditions within the North model of the Focused Drainage Study. Michael Baker will then perform an updated hydrology analysis to generate storm water discharges and runoff volumes for a 150-year storm event. The hydrology study will conform to the current RCFC&WCD Hydrology Manual and guidelines and follow the approach used in the Focused Drainage Study. Michael Baker will utilize the design topographic data developed from field survey to verify flow patterns and drainage boundaries. Hydrology calculation will be performed utilizing the latest version of AES software for the offsite drainage areas (RATSCx and FLOODSCx for rational method and unit hydrographs methods, respectively) and XP-SWMMM. The direct rainfall method will be used for the onsite areas. The XP-SWMMM coupled 1- and 2-D models will be used to size the storm drain pipe systems. This hydrology study shall evaluate the 1, 3, 6, and 24 hour duration storm for the 150-year events based on the most current rainfall data published in the NOAA Atlas 14. The proposed storm drain systems will be sized to convey the worst case duration. This task will include delineation of the tributary drainage area and preparation of project hydrology map. The facilities will be sized to maintain one -dry lane during a 150-year storm event. Deliverables: Hydrology and hydraulic calculations and work maps. I N TE RN AT 10 N A D Scope of Work Program (Revised) Page 124 215 City of La Quinta Eisenhower Drive Drainage Improvements, Project No. 2015-12B TASK 9: FEASIBILITY STUDY Michael Baker will prepare an alternatives analysis to determine the most viable project options for the systems that are acceptable to the City and stakeholders. The proposed retention basins and storm drain identified in the Focused Drainage Study will be evaluated using the new hydrology, detailed topographic mapping and utility data to develop new alternative alignments and modifications to identify cost-effective solutions to provide a 150-year level of protection. A matrix of evaluation criteria will be developed and analyzed in conjunction with the City to identify a recommended project. The analysis will include concept design plans, hydraulic effectiveness, preliminary construction costs, utility conflicts, ROW, private property impacts, traffic control, constructability, and other intangible impacts. A conceptual plan will be developed for each alternative that is evaluated in detail. The Team will prepare the conceptual plan for the alternatives and use the horizontal and vertical alignments for the preliminary system hydraulics. The concept plans will be used to identify ROW constraints, environmental impacts, and utility conflicts. Michael Baker's in-house community outreach team will also use the alternative exhibits in conjunction with a focused outreach plan to obtain community input and acceptance for the recommended alternative. Michael Baker's in-house construction management staff will review each alternative for value engineering and constructability. r)alivarnhlac- Alternatives analysis matrix Conceptual alternative plans TASK 10: PRELIMINARY DESIGN REPORT Michael Baker will prepare a preliminary design report which will present and document the results of the hydrology/hydraulic studies, alternatives analysis and feasibility study. The report will include text, graphics, preliminary plan layouts, alternatives analysis discussion, and recommendation of a preferred project. Technical analysis will be summarized with detailed analysis provided as an appendix. Deliverables: Draft and Final Preliminary Design Report PHASE II FINAL DESIGN PLANS, SPECIFICATIONS AND ESTIMATES - OPTIONAL TASKS TASK 1: CONCEPTUAL WATER QUALITY ASSESSMENT AND ANALYSIS In conjunction with Tasks 8, 9 and 10, Michael Baker will assess the various water quality treatment methods applicable to each alternative and determine solutions for the treatment of low -flows prior to discharge to private properties or lake systems. Under the requirements of the Whitewater MS4 permit, it is not anticipated that water quality features are required for the projects. However, an analysis will be conducted by Michael Baker to determine the type of treatment recommended for each alternative to avoid adverse impacts to the properties at the outlets of the proposed improvements. A preliminary report of feasible options will be prepared. The discharge location, quantity of flows, surrounding topography, soils, and constituent to be removed will be addressed in the preliminary report. The results of the analysis will be used to quantify the benefits of additional water quality features and identify those facilities recommended to be included in the final design. Deliverables: Water Quality Assessment technical memorandum and recommendations I N TE RN A T 1 Q N AL D Scope of Work Program (Revised) Page 125 216 City of La Quinta Eisenhower Drive Drainage Improvements, Project No. 2015-12B TASK 2: POTHOLING Michael Baker's Team member Kana Subsurface Engineering (KSE) will conduct potholing within the project limits at critical existing utility crossings along the selected storm drain alignment locations, where there are potential conflicts. This will be completed along the selected storm drain alignment after the preliminary route study is approved by the City. KSE will secure an inquiry identification number from Underground Service Alert at least 48 hours prior to excavation and white line the site for USA locators. This task assumes that 12 potholes will be required for the project. KSE will backfill vacuum excavated potholes using 1-1/2 sack slurry. Cost for potholing permit will be charged on the contract as a reimbursable expense by the City. Additional potholes will be paid for under an addendum to this contract at the rate of $6,500 per day. KSE will provide basic traffic control for the potholing effort per the WATCH manual. Potholes will determine both the top and bottom elevation of the utility in question. Deliverables: Pothole Report TASK 3: GEOTECHNICAL INVESTIGATION Michael Baker Team member, Petra Geosciences, will conduct a field investigation, drill exploratory borings, perform laboratory testing, and conduct analyses to develop geotechnical parameters and recommendations for the design and construction of the storm drain line and structures, as well as pavement recommendations for the roadway section after installation of the storm drain facilities. Field Exploration. The geotechnical exploration will consist of the excavation of five (5) borings along the storm drain alignments (approximately 1 bore every 900 feet). The exploratory bores will be excavated with a truck -mounted drill -rig equipped with 8-inch outside diameter (O.D.) hollow -stem augers. Disturbed and relatively undisturbed sample will be obtained within the bores for laboratory testing. Laboratory Testing and Geotechnical Analyses. Laboratory tests will be performed on selected, representative soil samples to determine maximum density and optimum moisture content, in -situ moisture and density, grain size analysis, sand equivalent, direct shear, hydrocollapse potential, soil corrosivity testing, soil characteristics and pertinent engineering properties that should be considered in engineering evaluation. Geotechnical data analyses will consist of review of existing in-house data and analyses of the collected data by the Geotechnical Engineer. Report Preparation. Petra Geosciences will prepare a report summarizing the findings and conclusions of the exploration and provide geotechnical parameters for the design and construction of the proposed storm drain. These will include descriptions of field and laboratory procedures and results, discussions regarding engineering evaluation methods and results, and recommendations. Recommendations will include; general site preparation criteria, pipe bedding, lateral values, settlement potential, groundwater considerations, soils corrosivity considerations, and pavement section recommendations. Deliverables: DRAFT Geotechnical Report (2 copies); and FINAL Geotechnical Report (2 copies) TASK 4: COMMUNITY / PUBLIC OUTREACH The Michael Baker team includes public outreach and graphic design experts that can provide visually appealing and informative promotional materials. As part of the outreach process, the Michael Baker team will prepare up to one (1) draft flyer and one (1) final flyer for each of the HOA Roadshows (up to 3 final flyers), and up to one (1) draft flyer and one (1) final flyer for the Public Community Workshop. Promotion will also include a press release to share information about the project to the community. I N TL RN ATI Q N AL D Scope of Work Program (Revised) Page 126 217 City of La Quinta Eisenhower Drive Drainage Improvements, Project No. 2015-12B Using a "go to them" strategy, Michael Baker will present the design alternatives at up to three (3) regularly scheduled or separate HOA meetings including the La Quinta Country Club, Legacy Villas, and Santa Rosa Cove Association. These roadshows will include a short PowerPoint presentation on the project, boards or information on the design alternatives, and include a set of actives to gather input and feedback on the stormwater drainage alternatives. Activities will be structured to solicit input on likely obstacles to implementation, and suggestions for overcoming them. For those residents, business, and stakeholders outside of the HOAs listed above, Michael Baker will host a public workshop to present information on the project and obtain feedback on viable stormwater drainage alternatives for Eisenhower Drive. Activities for the public workshop will be structured to solicit input on likely obstacles to implementation, and suggestions for overcoming them. Deliverables: • One (1) draft flyer and one (1) final flyer for each HOA Roadshow • One (1) Press Release • PowerPoint presentation explaining the alternatives HOA Roadshow Summary Public Workshop Presentation documents for up to two (2) public workshops Meeting minutes for up to two (2) workshops TASK 5: GEOMETRIC APPROVAL DRAWING REVIEW Michael Baker will prepare a schematic plan which shows the selected storm drain alternative (scope and fee assumes Alternative 2 is the City's chosen alternative) along with roadway limits, existing utilities, other mapped constraints (if necessary). Storm Drain Geometric Alignment Plan will be prepared based on this schematic design/layout from Phase I. The submittal will include the hydrology and hydraulics for the proposed inlets/catch basins, storm drain, preliminary utility crossings and discharge points. TASK 6: STAGE CONSTRUCTION / TRAFFIC HANDLING PLANS Michael Baker will prepare Stage Construction/Traffic Handling Plans for the proposed storm drain improvements along Eisenhower Drive. Based on the proposed storm drain improvements, we anticipate that the improvements will need to be constructed in phases in order to maintain existing traffic circulation and maintain access to traffic within the project area including businesses and residential streets. The anticipated Stage Construction/Traffic Handling plans include: • Stage 1: Catch basin improvements on northwest and northeast corners at the intersection of Eisenhower Drive and Avenue 50 — One (1) Sheet • Stage 2 to 5: Storm drain main line improvements on Avenue 50 — Four (4) Sheets • Stage 6 to 12: Storm drain main line improvements on Eisenhower Drive from Santa Ursula Street to 700' south of Avenida Fernando — Seven (7) Sheets • Stage 13 to 14: Catch basin improvements on Eisenhower Drive from Santa Ursula Street to 300' south of Coachella Drive —Two (2) Sheets The Stage Construction/Traffic Handling Plans will utilize accepted methods of lane and roadway closure delineation, signage and barricading. Specific work areas will be protected from traffic based on the construction phase, type of work and construction equipment required within the work area. The plans will be designed to maximize lane usage for all traffic movements including bicycles, maintain pedestrian access routes, minimize impacts to traffic, and provide a workable area. I N T E R N A T I Q N A L D Scope of Work Program (Revised) P a g e 127 218 City of La Quinta Eisenhower Drive Drainage Improvements, Project No. 2015-12B Consultant will meet with City staff to discuss proposed construction staging, minimum lane requirements, vehicle/pedestrian restrictions, driveway restrictions, lane closures, construction work hours, construction work area required, and potential constraints that may affect the proposed improvements. The Stage Construction/Traffic Handling Plans will be prepared based on the requirements set forth in the 2014 California Manual on Uniform Traffic Control Devices (CAMUTCD), and the City of La Quinta as appropriate. The plans will be prepared at 1"=40' scale. Consultant will prepare the technical sections of the construction specifications for the stage construction/traffic handling. The specifications will conform to the applicable standards and specifications from the City of La Quinta, Caltrans Standard Plans and Specifications, 2015 edition and the 2014 California MUTCD. Consultant will provide quantities of materials required for the stage construction/traffic handling. An Engineering Cost Estimate will be prepared to identify the cost associated with the specific work required. Deliverables: Stage Construction/Traffic Handling Plans (14 sheets), Technical Specifications, Construction Quantities and Engineer's Cost Estimate Task 7: 65% DESIGN SUBMITTAL (PS&E) Michael Baker will prepare a 65% Design Submittal, which will include the recommended alignment from the City selected alternative. One plan set of storm drain improvement plans will be prepared for the project. The submittal will include a Final Drainage Study updated with hydrology and hydraulics for the proposed inlets/catch basins, storm drain horizontal and vertical alignments, and will include plans, and the preliminary construction cost estimate (PS&E). The submittal will also include traffic control plans. The plans and all reference files will be prepared per the City's Computer Aided Design (CAD) Standards in a format compatible with the City's system. All project documents in digital/electronic format will be compatible with the City's computer applications (MS Office, Adobe Reader). Deliverables: 65% Design Submittal (PS&E) - three (3) hard copies and a PDF copy; 65% Drainage Design Study —three (3) hard copies and a PDF copy Preliminary Engineer's Estimate - three (3) hard copies, Excel format and PDF copy TASK 8: 85% DESIGN SUBMITTAL (PS&E) Michael Baker will prepare an 85% Design Submittal, which will address comments from the 65% Design submittal. The 85% design submittal will include a Final PDS updated with hydrology and hydraulics for the proposed inlets/catch basins, storm drain horizontal and vertical alignments, and will include plans, specifications, and the construction cost estimate (PS&E). The submittal will also include an 85% traffic control plan. The plans and all reference files will be prepared per the City's Computer Aided Design (CAD) Standards in a format compatible with the City's system. All project documents in digital/electronic format will be compatible with the City's computer applications (MS Office, Adobe Reader). Deliverables: 85% Design Submittal (PS&E) - three (3) hard copies and PDF copy; 85% Drainage Design Study —three (3) hard copies and PDF copy Preliminary Engineer's Estimate — three (3) hard copies, Excel format and PDF copy Preliminary Specifications / Special Provisions — three (3) hard copies, Word format and PDF copy I N T L R N A T 1 0 N A L D Scope of Work Program (Revised) P a g e 128 219 City of La Quinta Eisenhower Drive Drainage Improvements, Project No. 2015-12B TASK 9: 100% DESIGN SUBMITTAL (PS&E) Michael Baker will prepare a 100% Design Submittal (PS&E) which will incorporate all City comments based on comments from the 85% Design Submittal. Michael Baker will ensure the design is compatible with all utilities in the project area and include a time assessment of any utility relocation required with this project. The specifications will include the final pothole report and the geotechnical boring information. Prior to plotting of the 100% mylar submittal, three (3) hard copies and an electronic copy (pdf) of the submittal will be sent to the City for final plan check. The plan set is anticipated to include the following nineteen (19) sheets (plus traffic control sheets): T1—Title Sheet G1— General Notes, Index of Sheets, Abbreviations, Benchmark/Basis of Bearings SD1-SD10 — Storm Drain Plan and Profile, 10 sheets SD 11-SD14 — Storm Drain Lateral Profiles, 4 sheets DI-D3 — Miscellaneous Details and Water Quality, 3 sheets TC— Traffic Control Sheets (production and fee included in Task 2 of Phase II) Deliverables: 100% Design Submittal (PS&E) —Three (3) hard copies; 100% Project Specifications —Three (3) hard copies; 100% Engineer's Cost Estimate —Three (3) hard copies; One digital/electronic (AutoCAD or Pdf Files) of the plans, specifications and estimate on CD Project specifications and engineer's estimate will be in PDF and Word/Excel format. TASK 10: FINAL DESIGN SUBMITTAL (PS&E) Michael Baker will prepare a Final Design Submittal (PS&E) which will incorporate all City comments on the 100% Design Submittal. Deliverables: Final Design Submittal (PS&E) — One (1) set each of signed plans (mylars) Final Project Specifications —Two (2) sets Final Engineer's Cost Estimate — Two (2) sets Digital/Electronic (AutoCAD and PDF Files) PS&E on CD with Final Project Specifications in Word format and Engineer's Cost Estimate in Excel format. TASK 11: STORM WATER POLLUTION PREVENTION PLAN Consultant shall prepare and submit a Notice of Intent (NOI) and a Storm Water Pollution Prevention Plan (SWPPP) for the Project to the State Water Resources Control Board (SWRCB). A copy of the SWPPP and the Waste Discharge Identification Number (WDID No.) shall be supplied to the client. Consultant shall comply with the Construction General Permit enforced July 15, 2010 by preparing and submitting the project registration documents online to the board. These documents include a risk analysis and the SWPPP document. This task assumes any further updates or actions necessary for upkeep, inspections, or maintenance of the SWPPP shall be prepared by the general contractor, or erosion control contractor. This includes but is not limited to Annual Report Submittals, Rain Event Action Plans, Inspection Logs, Changes of Information, and the Notice of Completion / Termination. I N T E R N A T 1 Q N A L D Scope of Work Program (Revised) P a g e 129 220 City of La Quinta Eisenhower Drive Drainage Improvements, Project No. 2015-12B nPlivarahles- Storm Water Pollution Prevention Plan — 2 hard copies and PDF file NO1— Notice of Intent filed online with State of California SMARTS. TASK 12: WATER QUALITY DESIGN Based on the findings on the Phase I, Task 11 Water Quality assessment, a design of the water quality features of the selected treatment options will be performed and incorporated into the project design plans. TASK 13: SERVICES DURING BIDDING The City will complete the bid documents, advertise the project for bidding and distribute the plans to prospective bidders. The City's project coordinator will be the designated person to receive contractor inquiries. Michael Baker's project manager and project staff will assist the City as requested during the bidding. The work may include answering questions, providing consultation and interpretation of the construction documents, and assisting the City in preparation of addenda to the PS&E during the advertisement period. Attending pre -construction meetings or bid opening and analysis of bids will also be provided. TASK 14: CONSTRUCTION SERVICES Michael Baker's project manager and project staff will be available to assist the City during construction. A budget amount has been prepared to provide a minimal amount of construction services. This budget may require adjustment depending on the level of Consultant involvement required during construction. Upon written request by the City, the Consultant shall provide the following construction support services. A. Assist the City during construction by responding to Request for Information (RFI), clarifying drawings, and generally assisting the City to ensure that the project is constructed in accordance with the plans and specifications. B. Perform up to 3 periodic site visits during construction as requested by the City. C. Provide advice and technical support for construction change orders. TASK 15: PROJECT MANAGEMENT, COORDINATION, MEETINGS AND QUALITY CONTROL Michael Baker will manage project duties for the full project in order to assure a cost-efficient, quality process. Our staff will provide a suite of disciplines to effectively coordinate and communicate leading to design approval. This task includes overall project management, liaison with affected agencies, meeting leadership, progress monitoring and maintenance of project files. Michael Baker will supervise, coordinate, monitor and review design for conformance with City standards, policies and procedures. Michael Baker will attend at least four (4) meetings with the City during the design phase including a kick-off meeting, and meetings for review of each of the different milestone submittals of the Preliminary design and 65% and 85% designs. Before the 100 percent submittal, Michael Baker will perform an internal QA/QC review to identify potential conflicts, check design accuracy, and determine plans completeness for construction. I N T E R N 6 T 1 Q N A L D Scope of Work Program (Revised) P a g e 130 221 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Consultant under this Agreement is Seventy Thousand, Two Hundred Six Dollars ($72,206.00) ("Contract Sum"). The Contract Sum shall be paid to Consultant in installment payments made on a monthly basis and in an amount identified in Consultant's schedule of compensation, dated July 18, 2016, attached hereto for the work tasks performed and properly invoiced by Consultant in conformance with Section 2.2 of this Agreement. Consultant's services shall be performed in two phases: The Phase I services shall include Preliminary Engineering, in the fixed fee amount not to exceed $72,206.00 The Phase II Final Design services shall not be performed until written authorization, in the form of an amendment to this agreement, is received from the Contract Officer. Last revised April 2015 EXHIBIT B Page 1 of 1 222 Q Professional Engineering Services Eisenhower Drive Drainage Improvements FT_ S cpoFvw� TQrt Project No.2015-12B INTERNATIONAL Cost Proposal Project Tasks Project Director Senior Project Manager Technical Manager Senior Engineer Project Engineer Senior Designer/ Survey Analyst Assistant Engineer Graph Artist/ CADD Field Survey 2- person Crew Clerical/ Word Processing Michael Baker Total Hours Sub -consultant Fee Total Cost John McCarthy Michael Sutton Mark Swanson Tim Haile Howard Barndt Chris Alberts Mujahid Chandoo Jenna Tourje Todd Pitner Josh McNeil Patrick Safari Zachary Snyder Debi Blake Hourly Rates $212 $194 $168 $154 $144 $132 $88 $97 $245 $62 Task 1 Project Kick-off 4 4 4 4 16 $2,392 Task 2 Project Meetings and Coordination 4 16 4 24 $3,816 Task 3 Site Visit & Photography 1 3 2 5 8 10 29 $3,662 Task 4 Topographic Survey 4 8 16 1 28 $7,000 $12,648 Task 5 Survey Control / ROW Mapping 6 16 16 38 $7,040 Task 6 Utility Coordination 2 4 6 24 36 $3,856 Task 7 Utility Base Mapping 1 2 3 12 18 $2,036 Task 8 Hydrology and Hydraulic Studies 4 12 12 100 128 $13,080 Task 9 Feasibility Study 8 16 8 80 40 152 $16,136 Task 10 Preliminary Design Report 4 16 32 12 4 1 68 $7,540 Subtotal (Phase 1) $72,206 Phase It - Final Des%n'P14ns,1,pedfibAt1ons & Estimates Task 1 Conceptual Water Quality Assessment and Analysis 2 4 24 16 46 $5,724 Task 2 Potholing 0 $16,870 $16,870 Task 3 Geotechnical Investigation 0 1 $17,000 $17,000 Task 4 Community / Public Outreach 4 8 16 12 12 15 67 $9,030 Task 5 Geometric Approval Drawing Review 2 3 6 12 24 47 $5,908 Task 6 Stage Construction/Traffic Handling Plans 5 16 20 30 42 70 102 120 405 $48,048 Task 7 65% Design Submittal 6 11.5 37 41 76 87 112 72 8 450.5 $55,797 Task 8 85% Design Submittal 4 6 13.5 27 22 23 28 40 1 59 222.5 $24,644 Task 9 100% Design Submittal 2 2 6 4 13 13 18 20 10 88 $10,168 Task 10 Final Design Submittal 2 3 3 2 6 8 8 4 4 40 $5,078 Task 11 Storm Water Pollution Prevention Plan 1 2 16 12 12 43 $5,054 Task 12 Water Quality Design 6 16 20 36 78 $8,720 Task 13 Iservices During Bidding 12 12 8 32 $5,328 Task 14 Construction Services 24 40 1 60 1 124 $20,016 Task 15 Project Management, Coordination, Meetings and Quality Control 20 16 20 56 $10,704 Subtotal (Phase II) $248,089 Total 65 112.5 176.5 210 284 286 550 420 32 100 2236 $40,870 $320,295 223 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, dated July 18, 2016, attached hereto and incorporated herein by this reference. Last revised April 2015 EXHIBIT C Page 1 of 1 224 N N Ul I♦7 43 44 45 Project Summary Schedule Eisenhower Drive Drainage Improvements PHASE 1: PRELIMINARY DESIGN 125 days Tue 6128/16 Mon 12/19/16 Tasks 1, 2 & 3-Project Research and Data Collection 66 days Tue 6128/16 Tue 9127/16 Project Notice to Proceed / Kick off Meeting 0 days Tue 6/28/16 Tue 6/28/16 Collect and Review Data 2 Wks Wed 8/3/16 Tue 8/16/16 Utility Research, Coordination, Mapping 8 wks Wed 8/3/16 Tue 9/27/16 Jurisdictional Delineation/CRAM 10 days Wed 8/17/16 Tue 8/30/16 _ _ Task 4 & 5-Survey and Mapping 25 days Tue 8/9/16 Mon 9/12/16 Field Survey and Topographic Mapping 3 Wks Tue 8/9/16 Mon 8/29/16 ROW Mapping 3 Wks Tue 8123116 Mon 9/12/16 Task 6, & 7-Utility Coordination, and Mapping 30 days Wed 8/3116 Tue 9113/16 Utility Research, Coordination, and Data Collection 20 days Wed 8/3/16 Tue 8/30/16 Utility Mapping 2 Wks Wed 8/31/16 Tue 9/13/16 Tasks 8, 9, & 10- Tech Studies & Preliminary Design Report 75 days Tue 9/6/16 Mon 12/19116 Hydrology and Hydraulics 4 wks Tue 9/6/16 Mon 10/3116 Alternatives Analysis & Feasibility Study 4 Wks Tue 9/20/16 Mon 10/17/16 Draft Preliminary Design Report 3 wks Tue 9/27/16 Mon 10/17/16 Agency Review 10 days Tue 10/25/16 Mon 11/7/16 Final Preliminary Design Report/Recommended Alt 3 wks Tue 11/8/1E Mon 11/28/16. City Review Meeting 0 Wks Mon 11/28/16 Mon 11/28/16. City Review 3 Wks Tue 11/2911E Mon 12/19/16 PHASE 2: FINAL DESIGN AND CONSTRUCTION DOCUMENTS 115 days? Tue 1/31/17 Mon 7/10117 Task 1 - Conceptual WQ Assesment and Analysis 1 day? Tue 1/31/17 Tue 1/31117 Conceptual WQ Assessment 1 day? Tue 1/31/17 Tue 1/31/17 Task 3 & 4 - Potholing & Geotechnical Investigation 45 days Tue 1/31/17 Mon 4/3117 Permits and Field Work 25 days Tue 1/31/17 Mon 3/6117 Analysis and Report 4 wks Tue 3/7/17 Mon 4/3/17 Task 4 - Community / Public Outreach 25 days? Tue 1/31/17 Mon 316117 Meeting flyers and preparation 3 Wks Tue 1/31/17 Mon 2/20/17 Stakeholder Meetings 2 Wks? Tue 2/21/17 Mon 3/6/17 Public Workshop 0 days Mon 3/6/17 Mon 3/6/17 Task 5 - Geometric Approval Drawings 20 days Tue 1/31/17 Mon 2/27117 Final geometric plan preparation 2 wks Tue 1/31/17 Mon 2/13/17 City Review 2 Wks Tue 2/14/17 Mon 2/27/17 Task 6 - Stage Construction/Traffic Handling 20 days rue 2128/17 Mon 3/27117 Plan preparation 4 wks Tue 2/28/17 Mon 3/27/17 Task 7 - 65 % Improvement Plans and Specs 35 days Tue 2/28/17 Mon 4/17/17 65 % Improvement Plans 4 Wks Tue 2/28/17 Mon 3/27/17 WQ Design 2 Wks Tue 3/14/17 Mon 3/27117T Basis of Design Report 2 Wks Tue 3/14/17 Mon 3/27/17 Cost Estimates / Specifications 5 days Tue 3121/17 Man 3/27/17 City Review 3 wks Tue 3/28/17 Mon 4/17/17 Task 8 - 85 % Plans, Specifications, and Estimates 30 days Tue 4/18/17 Mon 5/29/17 85% Improvement Plans and Documents 4 Wks Tue 4/18/17 Mon 5/15/17 District Review 10 days Tue 5116/17 Mon 5/29117 Task 9 & 10 -Final Plans, Specifications, and Estimates and 30 days Tue 5130/17 Mon 7/10117 Submittals Finalize Improvement Plans 2 Wks Tue 5/30/17 Mon 6/12/17 City Review 10 days Tue 6113117 Mon 6/26/17 Final Plans / CityApproval 10 days Tue 6/27/17 Mon 7/10/17 Project Approval 0 days Mon 7/10/17 Mon 7/10/17 W ; 6128 Client: City of La Quints Task Summary �� City Review � Subconsultant Work Date: Wed 6/29/16 Milestone ♦ Project Summary W-ill Other Agency ReviewO i6I1 K71:�ivr.� Exhibit D Special Requirements None. Last revised April 2015 EXHIBIT D Page 1 of 1 226 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 April 2015 EXHIBIT E Page 1 of 5 227 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 April 2015 EXHIBIT E Page 2 of 5 228 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 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 April 2015 EXHIBIT E Page 3 of 5 229 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. Last revised April 2015 EXHIBIT E Page 4 of 5 230 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 April 2015 EXHIBIT E Page 5 of 5 231 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 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 Last revised April 2015 EXHIBIT F Page 1 of 2 232 instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. b. Indemnification Provision for Design Professionals. 1. Applicability of Section F.2(b). Notwithstanding Section F.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend (with counsel selected by City), and hold harmless the 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, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subcontractor, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section F.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. Last revised April 2015 EXHIBIT F Page 2 of 2 233 234 City of La Quinto CITY COUNCIL MEETING: August 2, 2016 STAFF REPORT AGENDA TITLE: APPROVE PROFESSIONAL PLANS, SPECIFICATIONS AND ENGINEER'S DRAINAGE IMPROVEMENTS RECOMMENDATION CONSENT CALENDAR ITEM. NO. 21 SERVICES AGREEMENT WITH DUDEK FOR ESTIMATE FOR THE WASHINGTON STREET Approve a Professional Services Agreement with Dudek, in the amount not to exceed $55,860 for the feasibility study for the Washington Street Drainage Improvements. ::/Xa]IW: &I "JuIUT .1YA • The feasibility study will recommend storm water facilities that will provide flood protection and one 12-foot "dry lane" (water level no more than three inches high to allow emergency vehicle access) in each direction along Washington Street (Attachment 1) during the 250-year storm event. This level of storm protection exceeds the industry accepted 100-year storm standard. The 250- year storm event was chosen as a target to optimize the level of storm protection versus the improvement costs. Budgetary constraints could influence the final level of protection that is achieved. • Dudek submitted the most qualified proposal for the plans, specifications, and engineer's estimate. FISCAL IMPAC i Council budgeted $1,800,000 in the 2015/16 Capital Improvement Program for drainage improvements and directed the funds be assigned to Eisenhower Drive and Washington Street following review of the Focused Drainage Study. For budgetary purposes, staff recommends the funding be assigned as follows: Washington Eisenhower Street Drive Professional: $20,000 $20,000 Feasibility Study: $55,860 $72,206 Remaining Budget Available for Design, Construction, Inspection/Testing/Survey, City $1,631,934 Administration and Contingency Once Improvements Are Known Total Budget: $1,800,000 235 The professional services agreement (PSA) limits the consultant expenditure to the Alternative Feasibility Report only. A contract amendment for design fees will be negotiated and brought back to Council (based on the recommended 250-year drainage improvements from the feasibility study). BACKGROUND/ANALYSIS The City experienced two extreme storm events in the last three years. Council engaged Michael Baker International to evaluate the City's existing storm drain facilities in the hardest hit areas. Their Focused Drainage Study identified over $17 million of preliminary drainage improvements along the Eisenhower Drive and Washington Street corridors based on a 500-year storm event. Six proposals were received on May 19, 2016. The Selection Committee unanimously recommended Dudek be awarded a PSA (Attachment 2) to prepare a feasibility study and to prepare plans, specifications and cost estimates for 250-year storm event drainage improvements for Washington Street. The design work will be completed in two phases. Phase I includes a detailed feasibility study for 250-year storm improvements ($55,860). The Phase II design budget was established based on the 500-year storm event improvements from the Focused Drainage Study and represents a worst case scenario. The Phase II Final Design work objectives are optional tasks. The adjusted design fee will be negotiated once the specific 250-year storm event drainage improvements are identified and will be brought back to Council as a contract amendment. ALTERNATIVES Council may elect not to increase the level of storm protection above the industry accepted design standard. However, since Washington Street is a key arterial road for emergency access, this alternative is not recommended. Prepared by: Ed Wimmer, P.E., Principal Engineer Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer Attachments: 1. Vicinity Map 2. Professional Services Agreement 236 f ei �t «.+FF a� is rt• ��S4LAKE LA QU I A d+ ✓. + fi. ' � Lake Ilia: - 1 s wr nv• i r I - _ ~''�.♦ `A�i L" 3+ p �h ��/Rii' , ."'i4 !'--- IT I - a�l tij� ._.JJ�'• ...- ra alt.ii" a..^.� - 1 0L. m 14 i�`I a*err veit ::•— p. 4y sY.vrwa rpri�y r r 4i! .. a' . "'� A -� �'' �I !Ia ��,•fi'�r� ty � -�,>F iu $�� r.wY V ��j'71e \ v4eya�'+4. :�` +46i,4 � +fie.. $s °91F"----_. _`+ .rrh� f .tiNs au� �'�'�'E if ►+�r'ior +c tiY � „ f �r s ' n,,,v„y■„ a*�fr ,� f 4�,l� • _UATIOIUlAtiNEL jv LEGEND City Border • t ffi StudyArea 1- Y CJI � RL t Focused Flood Site ID Rain Gauge Front c �g p ;h 238 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 Dudek ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to the Washington Street Drainage Improvements,_Project No. 2015- 12A, 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 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 April 2015 239 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 unenforeceable. 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 Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Fifty -Five Thousand, Eight Hundred Sixty Dollars ($55,860.00) (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 240 reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Consultant's overall compensation shall not exceed the Contract Sum, except as provided in Section 1.6 of this Agreement. 2.2 Method of Billing. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for Services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the Services provided, including time and materials, and (2) specify each staff member who has provided Services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Subject to retention pursuant to Section 8.3, City will pay Consultant for all items stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer pursuant to Section 1.6 of this Agreement shall be paid for in an amount agreed to in writing by both City and Consultant in advance of the Additional Services being rendered by Consultant. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council. Under no circumstances shall Consultant receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer pursuant to Section 1.6 of this Agreement. 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 241 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 August 3, 2016 and terminate on March 30, 2017 ("Initial Term"). This Agreement may be extended upon mutual agreement by both parties ("Extended Term"). 4.0 COORDINATION OFWORK 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. Thomas J. Ryan, P.E., Senior Project Manager E-mail: Tjryan@dudek.com b. Jonis Smith, P.E., CFM E-mail: jsmith@dudek.com c. Charles Greeley, P.E., LEED AP E-mail: cgreeley@dudek.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. 242 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Consultant, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Consultant's employees, servants, representatives, or agents, or in fixing their number or hours of service. Consultant shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. 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 243 (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 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 244 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, 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 245 that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 8.8. During the period of time that Consultant is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. 8.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the Services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non -defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 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. 246 8.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees; provided, however, that the attorneys' fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation. Attorneys' fees shall include attorneys' fees on any appeal, and in addition a party entitled to attorneys' fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose. 9.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 9.1 Non -liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Consultant covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would 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 247 personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. To City: CITY OF LA QUINTA Attention: Frank Spevacek, City Manager 78-495 Calle Tampico La Quinta, California 92253 To Consultant: Dudek Attention: Frank. Dudek, P.E. President 605 3rd Street Encinitas, CA 92024 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. 248 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] 249 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, CONSULTANT: DUDEK a California municipal corporation By: -;z t' 1 Nam • FrankJ. Dudek. P.E. FRANKJ. SPEVACEK, City Manager Title: President Dated: ATTEST: SUSAN MAYSELS, City Clerk La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 250 r ExhibitA Scope of Services The Consultant's Scope of Work, dated July 19, 2016, is attached and made a part herewith. 251 Exhibit "A" Scope of Work Washington Street Drainage Improvments, Project 2015-12A City of La Quinta 7/19/2016 Phase I — Preliminary Design Task 1.0: Kick -Off Meeting Dudek will conduct a Project Kick -Off meeting with the City to discuss project objectives, project schedule, preliminary designs, City strategies, and construction budget. Dudek will also discuss the timing of deliverables outlined in the RFP for each Task below. Task 1.1: Site and Data Review As Project Manager, Mr. Ryan was the acting Project Manager for a majority of the Focused Drainage Study. For both project sites (Lake La Quinta and Avenue 50), Mr. Ryan was responsible for the existing condition and proposed improvement analyses. Several field visits to both of these sites has resulted in ample acquired knowledge. Additional research will be performed through CVWD to understand their requirements for the outlet at Avenue 50. Potentially, this project could require further hydraulic/hydrologic analyses to acquire the appropriate permit. CVWD is currently performing a new study just upstream of this reach. If necessary, Dudek will coordinate with CVWD to understand current issues and appropriate tailwater conditions for their analysis. Dudek will meet and coordinate with City maintenance staff to understand design issues such as debris accumulation and historical functions of both project sites. During a field investigation, Dudek will also try to identify the source of the sediment seen at the Washington Street/Avenue 50 location. Dudek will also review available data, plans, and other studies prepared to date, including development plans, which may affect the proposed project preliminary design. A site visit will be conducted to document the project site and surrounding properties. Collect and review existing utility plans, improvement plans, watershed investigations including previous hydrology studies, floodplain mapping, adjacent development or land use, geotechnical reports, and other reports to aid in the preliminary engineering design. Review right-of-way constraints including street right-of-way, construction easements and utility easements. Review grant application and previous basin studies with the City to assist in establishing design criteria and constraints. From the information obtained, a) review and compile information for project base sheets, and b) identify locations of potential conflicts or constraints, which may affect the design of project. Task 1.2: Ground Survey The survey work will be divided into two phases. Based on the results of hydraulic models and recommended alignments, additional detailed survey will be performed. DUDEK Washington Street Drainage Improvements -Project No. 2015-12A 1 252 The Dudek team will provide research for survey records at the City of La Quinta and/or County of Riverside. We will provide office calculations for the subject street centerlines, right-of-way, and adjacent parcels. Field Control Survey to establish Horizontal and Vertical Control will be provided at the site — tied to State Plane Coordinates and City/County Benchmark. This includes searching for existing street centerline monuments and on private property along the proposed storm drain alignment. It is estimated that five (5) Aerial Targets per site for Aerial Mapping will be set. Aerial Mapping will be provided at a Scale of 1" = 40' with 1' contours for two (2) sites covering 1000' x 2000' will be prepared. Task 1.3: Hydrology and Hydraulics Analyses Dudek will evaluate the hydrologic and hydraulic models for each site based on a "refined" 250-year/1hr storm event analysis. These results will be compared to those calculated in the Focused Drainage Study (100-year & 500-year) to identify the Phase 2 level of protection desired for design. For the 250-year analysis, the predefined "ratios" used in the Focused Drainage Study will also be used to establish the storm event analysis. Using these volumes in conjunction with Riverside County rainfall patterns, and NOAA Atlas 14 precipitation data, the 250-year storm event models will be used to evaluate existing conditions and to size the proposed drainage systems. The durations for this analysis will be evaluated from the results of the previous XPSWMM analyses. Most likely, the 1-hour duration will provide the most extreme conditions for these projects. Dudek will work with the City to select an appropriate duration for design. Once the 250-year analyses have been completed, Dudek will compare the results to that of the previous 100- year and 500-year study. Dudek will provide a graphic showing the difference in maximum flooded depth to help the City evaluate and select a design storm for Phase 2. Dudek will use existing XPSWMM models (performed for the Focused Drainage Study) to further develop the project alternatives. The original study was performed for the 100-year/6-hr and 500-year/1-hr storm events. The Focused Drainage Study utilized a combined Distributed Rainfall Method (DRM)/Unit hydrograph approach that was correlated to the Riverside County Flood Control District's Hydrology Methodology. These models were correlated to the Riverside County Hydrology Manuals Methods to match runoff volume. Dudek will refine the current 500-year/1-hr models for both sites by reducing the 2-dimentional model grid sizes to more accurately calculated flows along the streets and modifying the rainfall to that of the 250-year storm event. A refined model will be prepared for the Avenue 50/Washington Street site, and the two facilities at the Lake La Quinta site. Additional refinements will include existing drainage system placements, capture characteristics, and outlet details. These refinements will be more detailed than what was identified in the Focused Drainage Study. After modeling the existing conditions, Dudek will evaluate the model validity based on previous storm photographs, similar to the validation methods used in the Focused Drainage Study. If necessary, Dudek will adjust and/or calibrate the models to the known water surface elevations in the storm photos. Lake La Quinta Site Dudek will evaluate the Lake La Quinta site assuming maximum Lake water surface elevation, based on the design overflow spillway elevation. With the given criteria for "dry lanes" detailed in the RFP, Dudek will focus on identifying the most cost effective storm drain system. DUDEK Washington Street Drainage Improvements -Project No. 2015-12A 2 253 Due to the direct discharge into Lake La Quinta, water quality will be a concern. Dudek proposes to evaluate and model the losses associated with multiple water quality treatment facilities located at the outlet of the storm drain, prior to discharging into Lake La Quinta. Some water quality treatment options could include continuous deflective separator (CDS) units, screens, or filter systems. Dudek's experience in water quality analysis, treatment design, and Lake design will be an asset to identifying a functioning system that will not greatly affect the hydraulic performance of the drainage system. Avenue 50 The Avenue 50 site may require further investigations. Mr. Ryan's previous discussions with the City (as part of the Focused Drainage Study project) revealed high levels of sediment. Dudek proposes to use specially designed inlets that will reduce blockage. These types of inlets contain a secondary overflow that can be easily modeled in XPSWMM. Dudek will evaluate this site assuming no sediment, and full blockage of the street inlets. The Avenue 50 site also terminates in the CVWD's Evacuation Channel. Consequently, CVWD may require additional analyses for the design of this system. Typically, CVWD will require an analysis using the 100-year storm event to ensure not adverse impacts are incurred to their facility. Dudek reached out to CVWD prior to preparing this proposal regarding this issue and were informed that this area is under litigation. As a result, no direction could be given at this time as to their design standards of this outlet. It will be assumed as part of this scope that the 250-year storm event is sufficient for the CVWD's review. Dudek will most like have to run the analyses using the maximum expected water surface elevation in the channel. This will not be part of the "basis of design", but will need to be performed to acquire the CVWD permit. The maximum expected water surface elevation (if required) by CVWD is included in this task, but if CVWD requests additional analyses using a separate hydrology method, Dudek will perform per a separate addendum. Task 1.3.1 100-Year Analysis for CVWD at Avenue 50 (Optional) If found that a new storm drain system and outlet into the Evacuation Channel is required, Dudek will provide support calculations for the Avenue 50/Washington Street proposed alternatives for CVWD review. This analysis will most likely include the 100-year analysis, using the standard Riverside County Hydrology methods. Per Riverside County methodology, the 100-year/1hr, 3hr, and 6hr durations will be evaluated. Since XPSWMM is an unsteady flow model, hydrographs will be computed for each set of inlets. This Task assumes CVWD will accept XPSWMM as a software model for design. Task 1.4: Alternatives Feasibility Analysis Dudek will prepare an alternatives analysis to determine the most viable project option that is acceptable to the City, stakeholders and the community. The analysis will include concept design plans, hydraulic effectiveness, and preliminary construction costs. This Task has been budgeted for up to two (2) drainage system alternatives at each site for the 250-year storm event. Dudek will use existing alignments previously identified in the Focused Drainage Study as a starting point. Based on the refined hydraulic analyses, physical constraints, such as utilities, property boundaries, and coordination with the stakeholders, refined alternatives will be proposed. Concept alternatives will be prepared in plan -view, annotated with proposed lengths, conduit sizes, right-of-way boundaries, and estimated project construction limits. A technical memorandum will be prepared to discuss each alternative along with a decision matrix, preliminary cost estimate, and include a recommended alternative. DUDEK Washington Street Drainage Improvements -Project No. 2015-12A 254 Task 1.5: CEQA Concept Review Dudek's engineer's will work closely with our environmental specialists during the alternative concept evaluations. The task includes preliminary communications and guidance on various alignments and potential environmental impacts of each concept. Any potential issues will be highlighted in the Alternatives Feasibility Analyses. The purpose of this task is to understand and identify environmental constraints and issues early to streamline the CEQA process in Phase 2. This task has been budgeted for 12 person -hours. Task 1.6: Meeting Attendance and Project Consultation During Phase 1, Dudek will attend monthly project meetings, prepare weekly project updates, coordinate with stakeholders, and attend a Council Meeting as part of Task 1.6. Work may include field meetings with HOAs and/or CVWD including providing information regarding the project (with the City's approval). This task has been budgeted for 52 person -hours. Hours include meeting time, status report preparation, exhibit preparation (for meetings and coordination) and development of a presentation for City Council. If requested, Dudek can provide additional hours per a separate addendum. Phase II — Final Design - Optional Tasks The work items in Phase 2 are highly dependent on the results of Phase 1. The Avenue 50 project site may only need to include modifications/replacement of the existing catch basin systems and collector laterals. If this is the case, no CVWD permit would be necessary. The Phase 2 scope/fee have been prepared assuming replacement of only the street inlets at the Avenue 50 site will be necessary. Task 2.1 Final Hydrology and Hydraulics Prepare final 250-Year hydraulic analysis for both sites based on the recommended alternatives and comments from the City, CVWD, and the HOA. This engineering analysis will provide verification of the hydraulic operation for the proposed facilities and become the technical engineering basis of the final design. The final engineering analysis will include hydraulic calculations of the refined outlet structures, detailed inlet capacities, water quality treatment facility losses, and recommended criteria from CVWD (for the Avenue 50) project site. For the Lake La Quinta site, appropriate losses will be included for the selected water quality treatment facility. Task 2.1.1 100-Year/CVWD (Optional) For the Avenue 50 project site, Dudek will prepare final hydrologic and hydraulic analyses for the proposed site based on the final alignment and type of facilities recommended. The design will be based on the 250-year storm, but a separate memorandum will be prepared for CVWD to show the 100-year storm event does not adversely impact their facility. This Task does not include potential plan preparation specific to the CVWD permit application. It is assumed that these calculations will only be a supplement to the Project Design Calculations (250-year). Task 2.2 Utility Notification/Coordination Dudek will perform a utility research to establish the expected location of all utilities based on the latest available records and ground survey. Utility coordination will be conducted with the City and all affected agencies prior to developing final design. Dudek will initiate utility research immediately, and maintain a log of all utility requests DUDEK Washington Street Drainage Improvements -Project No. 2015-12A 4 255 letters sent and data received. For those utilities that require a letter directly from the City, Dudek will send an electronic copy of the letter to the City to include on their letterhead and obtain signature. Task 2.3 Legal Description and Plats The Dudek team will prepare legal descriptions and plats based on the identified locations. These locations will be identified when the final alignments are set. This task has been budgeted at $1,500 per parcel (APN). This task has been budgeted for five (5) and could vary depending on final alignment. Title report acquisition will be required to identify parcel ownership. The Dudek team will process these requests and bill City directly for the cost of the reports. If the City provides title research for property profile and grant deed/legal descriptions (or Title Reports), the Dudek team can write the storm drain legal descriptions and plats for $1,250 per parcel (APN). Task 2.4 CEQA Documentation (Initial Study/MND) Based on the findings of Phase 1, the CEQA process may change. Scope and fees can/will be adjusted once the final project alternatives have been established. The following assumes that improvements required for the Avenue 50 project would be limited to footprint of the existing facilities, and thus, this project would qualify for a Class 1 Categorical Exemption under Section 15301, Existing Facilities, of the CEQA Guidelines. As such, it is expected that the City would process a Categorical Exemption and file the Notice of Exemption with the County Clerk for the Avenue 50, and that Dudek would be not be needed for those particular efforts. Based on these assumptions, the following CEQA tasks only apply to the Lake La Quinta project. If the City later determines that Avenue 50 project requires addition CEQA documents (e.g., Negative Declaration), Dudek can provide these services under an amended scope of work. Task 2.4.1: Cultural Resources Records Search and Assessment. Dudek will conduct a California Historical Resources Information System records search of the project area and a 0.5-mile radius at the South Central Coastal Information Center, which houses cultural resource records for Riverside County. The purpose of the records search is to identify any previously recorded cultural resources that may be located within the project area. In addition to a review of previously prepared site records and reports, the records search will also review historical maps of the project area; ethnographies; the National Register of Historic Places; the California Register of Historical Resources; the California Historic Property Data File; and the lists of California State Historical Landmarks, California Points of Historical Interest, and Archaeological Determinations of Eligibility. Dudek will contact the California Native American Heritage Commission (NAHC) for a review of its Sacred Lands File. The NAHC will determine whether any NAHC-listed Native American sacred lands are located within or adjacent to the project area. In addition, the NAHC will provide a list of Native American representatives who should be contacted for additional information. Dudek will prepare and mail a letter to each of the NAHC-listed contacts, requesting that they contact us if they know of any Native American cultural resources within or immediately adjacent to the project area. DUDEK Washington Street Drainage Improvements -Project No. 2015-12A 5 256 The Lake La Quinta project is subject to compliance with Assembly Bill 52, which requires lead agencies to provide tribes (who have previously requested notification) with early notification of the proposed project, and, if requested, provide consultation to inform the CEQA process with respect to tribal cultural resources. Assembly Bill 52 is a government -to -government process between the CEQA lead agency and California Native American tribes; as such, Dudek assumes that the City will conduct all consultation -related tasks, including notification and responding to any comment letters pursuant to Assembly Bill 52 requirements. Upon completion of the records search, Dudek will survey the project area for cultural resources. The survey will require no more than one cultural resources specialist working no more than 6 field hours to complete. Dudek assumes that the survey will be negative for archaeological resources (i.e., no newly discovered archaeological resources will be encountered and no previously recorded resources will require updates). No artifacts, samples, or specimens will be collected during the survey. Should any resources be encountered during the survey requiring recordation, we will work with you to augment this scope of work and associated costs. Dudek will prepare a cultural resources letter report that will summarize the results of the records search, Native American coordination, background research, cultural resources survey, and property significance evaluations. The report will include a brief project description, regulatory framework, all sources consulted, research and field methodology, setting, and findings. Task 2.4.2: Initial Study and Draft Mitigated Negative Declarations Dudek will prepare an administrative draft Initial Study for review and comment by the City. Consistent with the CEQA Guidelines, the Initial Study will identify potentially significant environmental impacts associated with project implementation, and, if required, feasible mitigation measures designed to reduce those potentially adverse impacts to less -than -significant levels. Analysis and substantiating documentation will be provided to support all environmental checklist responses and conclusions, including the inclusion of high -quality, full -color exhibits. All environmental impact areas outlined in the CEQA Guidelines Appendix G Environmental Checklist will be analyzed. Following review of and comment on the administrative draft Initial Study by the City, Dudek will make all required revisions, as directed by staff. It is our intent that the subsequent submittal will satisfactorily address all prior comments on the administrative draft Initial Study, and, thus, will serve as the "screencheck" draft version for final approval prior to public review. Dudek will incorporate any final editorial revisions to the screencheck draft Initial Study, as requested by the City, and will prepare and publicly distribute copies of the public review version of the combined Draft Initial Study/MND (IS/MND) to the City, County Clerk, State Clearinghouse (if applicable), responsible and trustee agencies, surrounding jurisdictions, and other interested parties pursuant to the distribution list prepared by the City. For hard copies of the Draft IS/MND, unless otherwise specified by the City, the technical appendices to the document will be provided on a CD affixed to the back cover of the document. Dudek will distribute the deliverables via certified mail and Fed Ex overnight service, and will include the Notice of Intent to Adopt a Proposed MND and the Notice of Completion and Environmental Transmittal Form, both prepared by Dudek. Dudek will also create a web -ready version of the document for the City to post online. For the purposes of this scope of work, it is tentatively assumed that the Draft IS/MND would be sent to the State Clearinghouse for distribution to and review by applicable state resource agencies. The minimum public review period for an MND sent to the State Clearinghouse is 30 days. If the City concludes that the project would not DUDEK Washington Street Drainage Improvements -Project No. 2015-12A 6 257 result in any potential impacts to any resources managed by state agencies, then the City, as lead agency, can determine that the Draft IS/MND need only be locally circulated, and, thus, the public review period can be shortened to a minimum of 20 days. Task 2.4.3: Final Negative Declaration Dudek will provide responses to comments from all agency and public comments that raise substantive environmental issues associated with the Draft IS/MND. The responses will be thoughtful and thorough, and will be provided as part of the Final IS/MND. Based on the nature of the proposed project and the proximity to potential stakeholders, it is anticipated that up to 20 comments will be received by the City in relation to the proposed project (note that a single comment letter may include several comments). If an unusual/unanticipated number of comments are received, substantially beyond the number identified herein, we will work with you to revise our scope of work. Dudek will prepare a mitigation monitoring and reporting program (MMRP) pursuant to CEQA Guidelines Section 15097. The MMRP will contain all mitigation measures recommended in the IS/MND. This comprehensive MMRP will provide the City with a single source of reference to the full range of mitigation measures to be implemented to ensure achievement of the impact avoidance envisioned in the IS/MND. For each measure or group of similar measures, the parry or parties responsible for ensuring proper implementation will be identified, along with the timing and method of verification. The comment letters and responses, the MMRP, a preface, and, if applicable, a discussion of any minor edits made to the Draft IS/MND as a result of comments, will constitute the Final IS/MND. Following one round of the City's review, we will finalize and mail the Final IS/MND to any party who provided comments on the Draft IS/MND. Construction Document Preparation The scope of the following task could change based on the findings of Phase 1. The following tasks are based on the assumptions that modifications to Avenue 50 will not include implementation of a new storm drain outlet or main lateral. .Task 2.5 65% Plans Dudek will prepare 65% design plans for the preferred alternative, which will include: 1) storm drain system layout sheets, 2) outlet structure preliminary details, and 4) miscellaneous details. In addition, this submittal will include a Geotechnical report, easement documents, and preliminary engineer's cost estimate. For Avenue 50, only storm drain layout sheets will be required at each inlet. Not full plan/profile will be necessary of the existing facility. Task 2.6 90% Plans Dudek will prepare 90% design plans which will include: 1) storm drain system layouts, 2) storm drain plan & profile sheets, 3) outlet and special inlet details, 4) demolition plan (if needed), 5) traffic control plan, 6) miscellaneous details, and 7) Geotechnical boring locations. The 90% submittal will include revisions based on the 60% plan comments. In addition, this submittal will include a Basis of Design Report, including final hydrology, hydraulics, structural calculations, Geotechnical report, easement documents, utility coordination letters, specifications, and updated engineer's cost estimate. For Avenue 50, only storm drain layout sheets will be required at each inlet. Not full plan/profile will be necessary of the existing facility. DUDEK Washington Street Drainage Improvements -Project No. 2015-12A 7 258 Task 2.7 100% Plans Based on the results of the 90% review, Dudek will prepare 100% (final) plans for the construction of the preferred alternative. The 100% construction drawings will be endorsed (i.e., stamped and signed) by a Dudek civil engineer. Since the final design is not yet known, the below preliminary design sheet count is considered a maximum. Phase 1 may reveal less required sheets. The following sheets are proposed for the plans. • Title Sheet, (General Notes, Construction Notes, Quantities) • Existing Conditions, Horizontal Control — 2 sheets • Demolition Plan — 2 sheets • Drainage Plan & Profile — 3 sheets • Drainage Details — 3 sheets • Structural/Miscellaneous Details -2 Sheets • Lake Edge Modification Details (2 locations at Lake La Quinta) • Erosion Control Plan -2 sheets • Traffic Control Plan - 3 sheets These sites will most likely require a Stormwater Pollution Prevention Plan (SWPPP). It has not been included in this scope of work, as the City may decide to have the contractor prepare it. Dudek can prepare a SWPPP if requested by the City. Task 2.8 Specifications To complement the construction drawings and communicate the level of quality required during construction, Dudek will prepare the Special Provision portion of the Construction Specifications and Contract Documents, including Schedule of Unit Prices, suitable for bidding and awarding of the Contracts for the civil engineering improvements to be constructed. Outline format specifications of the general provisions will be prepared for the 90% project submittal. Final specifications will be prepared after the completion of the 90% plan review by the City (and CVWD for Avenue 50), in order to minimize changes and submitted with the 100% package. These special provisions will be incorporated into the City's standard construction document package. The City will provide Dudek a standard "boiler plate" document utilizing a typical construction format. This work item specifically excludes development of the "boiler plate" portions of the specifications. The fee for this work item is based on the preparation of one master set of special provisions for the proposed improvements and excludes the development of specifications for multiple construction phases or additional specifications for bidding purposes. Specifications for the project will conform to the most recent applicable standards and specification from the City or Standard Specifications for Public Works Construction. Task 2.9 Engineering Cost Estimates Provide engineering services for the preparation of the construction quantity and engineer's cost estimate. The quantities will be developed from the final construction plans prepared for the project improvements. Unit costs will be based upon the most current cost information for recent similar projects in the area compiled by Dudek and approved by the City. Construction costs will include an estimate of excavation requirements, street improvements, traffic control plan implementation, and landscape repairs. Dudek will prepare a detailed engineer's cost estimate based on the Final Design plans. DUDEK Washington Street Drainage Improvements -Project No. 2015-12A 8 259 Task 2.10 Basis of Design Report Provide engineering services for the preparation of a Technical Memorandum style - Basis of Design Report to support the construction documents. This report will include the results of the final/design hydrologic, hydraulic, and water quality analyses and the project assumptions. A summary of the engineer's cost estimate will be included. A brief description of the project site issues and history will be included. Task 2.11 Geotechnical Investigations The Geotechnical work will be prepared once the hydraulic investigations and concept alignments have been set. This investigation assumes no new storm drain will be proposed at the Avenue 50 site. Work will include site evaluations but no borings at the Avenue 50 site. Preliminary Investigation The initial geotechnical work includes the following: Conduct a site reconnaissance and stake/mark the boring locations along the storm drain alignment so drill rig access to all the locations is available. Obtain a no -fee encroachment permit from the City of La Quinta. Notify Underground Service Alert (USA) at least 48 hours prior to drilling to clear the boring locations of any conflict with existing underground utilities. Subsurface Exploration In general, traffic control during our field investigation will be conducted along the proposed alignment using signs, cones, and an arrow board in accordance with the WATCH manual. Our surface investigation will include drilling exploratory borings. The purpose of the borings will be to: • Obtain subsurface information along the pipe alignment and at the bore and jack location. • Collect undisturbed and bulk samples of the various soil types for laboratory testing. A total of four (4) borings will be drilled, each to a depth of fifteen (15) feet below existing ground, surface or to refusal, whichever is shallower. The borings will be drilled with a truck mounted rig (CME 75 or equivalent) equipped with 8-inch diameter hollow stem augers for soils sampling. Soils will be continuously logged and classified by the geologist/engineer in the field by visual examination in accordance with the Unified Soil Classification System. Undisturbed ring samples of the subsurface materials will be obtained at five-foot intervals, at changes in soil profiles, or where unusual conditions are encountered. The relatively undisturbed ring samples will be obtained using a Modified California Sampler (2.4-inch inside diameter and 3.0-inch outside diameter) lined with thin - walled sample rings. The sampler will be driven into the bottom of the borehole with successive drops of a 140- pound hammer falling thirty (30) inches. The number of successive drops of the driving weight ("blows") required for each six (6) inches of penetration will be shown on the boring log. The soil will be retained in brass rings (2.4 inches in diameter and 1.0 inch in height) and carefully sealed in waterproof plastic containers for shipment to the laboratory. Bulk samples of representative soil types will be collected in plastic bags from various depths and within a 5-foot zone of the pipe elevation. Groundwater levels, where encountered in the borings, will be recorded. DUDEK Washington Street Drainage Improvements -Project No. 2015-12A 260 Where asphalt concrete is penetrated the surface of the borings will be patched in accordance with the permit requirements. The borings will be backfilled loose with soil cutting. As a result, the surface may settle over time. If construction is delayed, we recommend the owner monitor the boring site and backfill any settlement or depression that might occur, or provide fencing around the area of the boring locations to prevent trip and fall injuries from occurring near the area of any potential settlement. Laboratory Testing Soil samples obtained during exploratory drilling will be tested in our laboratory to evaluate their physical characteristics and engineering properties. Laboratory testing may include, but will not necessarily be limited to: • Moisture -density of in -situ samples. • Sand equivalent. • R-value • Soils Corrosivity (pH, chloride, sulfate, and minimum electrical resistivity). • Sieve analysis. • Modified Proctor. • Direct shear. Engineering Analyses and Geotechnical Report Data obtained from the exploratory borings and laboratory testing program will be evaluated to prepare a report which will include the findings of the subsurface exploration and the laboratory testing. The report will include recommendations for the proposed design facilities. Task 2.12 Ground Survey (Phase 2) Once the recommended project storm drain alignments have been set, survey will be provided for Phase 2. The work effort will be based on the assumption that no new storm drain will be required at Avenue 50. Supplemental topographic and utility field survey will be performed along a 50' wide strip along the proposed alignment of the storm drains. Existing catch basins, inlets, outlets, manholes along the existing storm drain alignment will be surveyed. The team will also open and dip existing sewer and storm drain manholes to acquire depths. A comprehensive base map at a scale of 1"=40' from the above mapping information will be prepared. As -built maps and USA utility company research data will be included. The current fee is based on the alignments identified in the Focused Drainage Study (less the Avenue 50 proposed storm drain). If Phase 2 identifies the need for additional/less storm drain, this fee may be modified. Task 2.13 Meeting Attendance and Consultation During Phase 2, Dudek will attend monthly project meetings and provide consulting services related to project coordination. The purpose of these meetings may include a review of the progress of work included in this Contract, or consultation and discussion needed on project issues. Consultation will be provided with the Client to resolve design related issues and ensure the progress of the project. The meetings and consultation allows DUDEK Washington Street Drainage Improvements -Project No. 2015-12A 10 261 adequate communication with the Client to allow input and feedback during the design process. This task will also include telephone conferences necessary with the same parties for the above -mentioned purposes. This task has been budgeted for approximately 40 person -hours. Additional meeting attendance and consulting services will be completed, if required, on an hourly basis for an additional fee with the approval of the Client. Task 2.14 Engineering Support during Construction (Optional) Dudek will provide field support services during construction of the project if necessary. Services may include submittal/shop drawing review, response to requests for information, and plan modifications or delta revisions. Dudek will identify what Risk Level SWPPP is needed for each of the three separate storm drain projects (two at Lake La Quinta, and one at Avenue 50). This task has been budgeted for 40-man hours. Clarifications: • CEQA document is an MND not an FIR • No FFMA floodplaln revisions are included • Utility relocations are not budgeted in this scope of work • Final As -Built Plans not included • No R/W or Easement Acquisition • SWPPP to be prepared by contractor • All fees to be paid by City • No electrical plans • CVWD Special Hydrology • City will be responsible for CEQA filing fees associated with the project • Newspaper CEQA posting fee not included. • No AB 52 Native American consultation support included. • No CEQA scop/ng meeting included. • No CDFW filing fee to post Notification of Determination included • Potholing for utilities not included at this time (if needed will be included when SD alignments refined). • Phase 2 work items will be re-evaluated prior to commencement to ensure scope and fees are consistent with Phase 1 recommended measures DUDEK Washington Street Drainage Improvements -Project No. 2015-12A 11 262 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Consultant under this Agreement is Fifty -Five Thousand, Eight Hundred Sixty Dollars ($55,860.00) ("Contract Sum"). The Contract Sum shall be paid to Consultant in installment payments made on a monthly basis and in an amount identified in 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. Consultant's services shall be performed in two phases: The Phase I services shall include Preliminary Engineering, in the fixed fee amount not to exceed $55,860.00. The Phase II Final Design services shall not be performed until written authorization, in the form of an amendment to this agreement, is received from the Contract Officer. Last revised April 2015 EXHIBIT B Page 1 of 1 263 Exhibit "B" Schedule of Compensation Washington Street Drainage Improvments, Project 2015-12A City of La Quinta 711912016 Optional Tasks 1.3.1 Phase 1 - 100yr Analysis for CVWD Avenue 50 1 1 8 16 26 $3,805.00 $3,805.00 2.1.1 Phase 2 - 100yr Final Analysis for CVWD Avenue 50 2 4 8 14 $2,090.00 $2,090.00 2.13 Engineering Support During Construction 28 12 40 $8 220.00 $400.00 $8,620.00 "Notes: ' Fees for CEQA are assuming Avenue 50 will only inlcude modifications to inlets (no outlet or storm drain extension). 2 Specification Fee for 90- and 100-percent Submittal 3 Engineering Cost Estimates Fee for 65-, 90-, and 100- 264 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, attached hereto and incorporated herein by this reference. Last revised April 2015 EXHIBIT C Page 1 of 1 265 fV Exhibit Time Line "C" Schedule I October 9 25 ID Task Name IDuration Start PHASE 1 1.0 Kick Off Mtg 1 day Mon 8/8/16 1.1 Site & Data Review 5 days Thu 8/11/16 1.2 Ground Survey 4 wks Mon 8/15/16 1.3 Hydrology and Hydraulic Analyses 10 days Tue 9/20/16 1.4 Alt Feasibility Analysis 15 days Tue 9/27/16 1.5 CEQA Review 3 wks Tue 9/27/16 1.6 Phase 1 Meetings/PM 10 wks Tue 8/9/16 PHASE 2 2.1 Final Hydrology/Hydraulics 10 days Tue 10/25/16 2.2 Utility Notification & Coord 10 days Tue 10/25/16 2.3 Legal Descriptions & Plats 3 wks Tue 10/25/16 2.4 CEQA Documentation 10 wks Wed 10/26/16 2.5 65% Plan 20 days Tue 10/25/16 2.6 90% Plans 25 days Thu 12/8/16 2.7 100% Plans 15 days Thu 1/26/17 2.8 Specifications 45 days Thu 12/8/16 2.9 Engineering Cost Estimates 45 days Thu 12/8/16 2.10 Basis of Design Report 20 days Thu 1/12/17 2.11 Geotechnical Investigations 20 days Thu 11/24/16 2.12 Phase 2 Ground Survey 4 wks Tue 11/8/16 2.13 Phase 2 Meetings/PM 16 wks Tue 10/25/16 I August 1 7 31 8/14 September 8 28 1 9 11 1 10 9 No, 10 23 1 11 6 December 11 20 1 1 4 12 18 January 1 1 1 1 15 February 1 29 1 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Project: Washington Street Drainage Improvement Date: July 19, 2016 Task Inactive Task Manual Summary Rollup External Milestone ■ Split . . . . . . . . . . . . . . . . . . Inactive Milestone Manual Summary ii Deadline ■ Milestone ■ Inactive Summary 0 Start -only ■ Progress Summary ---I Manual Task I Finish -only ■ Manual Progress Project Summary ii Duration -only External Tasks I Page 1 Exhibit D Special Requirements None. Last revised April 2015 EXHIBIT D Page 1 of 1 267 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 April 2015 EXHIBIT E Page 1 of 5 268 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 April 2015 EXHIBIT E Page 2 of 5 269 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 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 April 2015 EXHIBIT E Page 3 of 5 270 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. Last revised April 2015 EXHIBIT E Page 4 of 5 271 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 April 2015 EXHIBIT E Page 5 of 5 272 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 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 Last revised April 2015 EXHIBIT F Page 1 of 2 273 instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. b. Indemnification Provision for Design Professionals. 1. Applicability of Section F.2(b). Notwithstanding Section F.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend (with counsel selected by City), and hold harmless the 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, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subcontractor, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section F.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. Last revised April 2015 EXHIBIT F Page 2 of 2 274 City of La Quinta CITY COUNCIL MEETING: August 2, 2016 STAFF REPORT AGENDA TITLE: APPROVE AMENDMENT AGREEMENT WITH SIGMANET, INC. TECHNOLOGY SERVICES RECOMMENDATION NO. 1 TO THE PROFESSIONAL SERVICES FOR 2016/17 MANAGED INFORMATION Approve Amendment No. 1 to the Professional Services Agreement with SigmaNet Inc. for 2016/17 information technology services in the amount of $156,600. EXECUTIVE SUMMARY • In 2015 the City contracted with SigmaNet Inc. for information technology (IT) services that support both remote and on -site City operations. • The Professional Services Agreement (PSA) provides a one-year term with the option to extend for two years. • Over the past twelve months, SigmaNet has resolved 1,800 services requests and received a 99% service satisfaction rating. FISCAL IMPACT $156,600 had been budgeted in the 2016/17 Information Technology budget. BACKGROUND/ANALYSIS On March 3, 2015 Council approved a PSA with SigmaNet Inc. for a one-year term, which expired March 2016. The vendor has been providing service on a month -to - month basis in the interim while the scope of work was negotiated. Staff is ready to proceed with the contract extension, which provides the following: • Maintain high service level standards (with a penalty if not met) • SigmaNet must maintain a customer satisfaction rating of 97 percent (out of 100 percent) per month • Monthly reports and metrics • On -site IT technician (with a 40 hour per week schedule). To date, SigmaNet received and resolved 1,800 service requests, and maintained a service level satisfaction rating of 99% (from City staff). Their on -site technician, Jesus Gamino, has become an integral part of the City team and provides excellent service 275 and support. A team of experts supports his efforts; they access the City's system remotely and provide 24/7, 365 day service. ALTERNATIVES The Council may direct staff to seek other IT service providers. Due to the breath of services the City receives from an IT maintenance and support contractor, staff does not recommend replacing this service with in-house staff. Prepared by: Tustin K. Larson, Community Resources Manager Approved by: Chris Escobedo, Community Resources Director Attachment: 1. Amendment No. 1 to PSA with SigmaNet, Inc. 276 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH SIGMANET, INC. This Amendment No. 1 to Professional Services Agreement with SIGMAnet Inc. ("Amendment No. 1") is made and entered into as of the day of August, 2016 ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and SIGMAnet. Inc., a Technology Services Corporation ("Consultant"). RECITALS WHEREAS, on or about March 3, 2015, the City and Consultant entered into a Professional Services Agreement to provide comprehensive technology services for the City; and WHEREAS, changes are indicated to Section 3.4 the term in the Professional Services Agreement; and WHEREAS, the City is utilizing Consultant for comprehensive technology services and support; NOW THEREFORE, in consideration of the mutual covenant herein contained, the parties agree as follows: AMENDMENT 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 3.4 is amended to read as follows: Section 3.4 - Term. Unless earlier terminated in accordance with sections 8.7 or 8.8 of this Agreement, the term of this agreement shall commence on or about August 3, 2016 and terminate on June 30, 2017. In all other respects, the Original Agreement shall remain in effect. IN WITNESS WHEREOF, the City and Consultant have executed this Amendment No. 1 to the Professional Services Agreement on the respective dates set forth below. Rev.2-5-14 277 CITY OF LA QUINTA a California municipal corporation Dated: Frank J. Spevacek, City Manager ATTEST: Susan Maysels, City Clerk APPROVED AS TO FORM: William H. Ihrke, City Attorney CONSULTANT: SIGMAnet Inc. By: Name: CiU.IIj cbC Title: ti i CZ,- -preS + r) Rev.2-S-14 278 City of La Quinto CITY COUNCIL MEETING August 2, 2016 STAFF REPORT AGENDA TITLE: APPROVE PLANS, SPECIFICATIONS, ENGINEER'S ESTIMATE, AND ADVERTISE THE COVE OASIS TRAILHEAD IMPROVEMENTS RECOMMENDATION Approve the plans, specifications, engineer's estimate, and authorize staff to advertise the Cove Oasis Trailhead Improvements. EXECUTIVE SUMMARY • The resident -requested project will create a community meeting place at the entrance to the Cove Oasis Trail System (Attachment 1). FISCAL IMPACT Council approved Quimby Funds in the amount of $135,000 with the 2015/16 Capital Improvement Program (CIP). The following is the anticipated project budget: Project Budget Professional: $ 10,500 Design: $ 13,300 Inspection/Testing/Survey: $ 9,031 Construction: $ 95,000 City Administration: $ 4,631 Contingency: $ 2,538 Total Budget: $135,000 The engineer's estimate is $95,000. This preliminary estimate is based on plans that are 75 percent complete and have not been refined. Construction bids have not been received. Staff will make an appropriate fiscal recommendation when Council considers the construction award. BACKGROUND/ANALYSIS The current trailhead is partially owned by the Coachella Valley Water District (CVWD) as it provides access to their facilities. Residents have requested a more aesthetically pleasing community meeting place which requires an encroachment permit from 279 CVWD. Although the plans are not yet finished, staff is requesting approval now to complete the permit process and to bid the project during the Council recess. Contingent upon Council's approval to advertise the project for bid on August 2, 2016, the following is the project schedule: Council Bid Authorization Bid Period Council Considers Project Award Execute Contract and Mobilize Construction (30 Working Days) Accept Improvements ALTERNATIVES August 2, 2016 August 18, 2016 to September 15, 2016 October 4, 2016 October 5 to October 31, 2016 October/December 2016 December 2016 Council may elect to delay or not implement this project. Prepared by: Ed Wimmer, P.E., Principal Engineer Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer Attachment: 1. Vicinity Map 280 ATTACHMENT 1 COVE OASIS PROJECT SITE 281 282 City of La Quinta CITY COUNCIL MEETING: August 2, 2016 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO APPROVE SUPPLEMENTAL AGREEMENT WITH THE COUNTY OF RIVERSIDE FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR AMERICANS WITH DISABILITIES ACT IMPROVEMENTS AND PUBLIC SERVICE FUNDS FOR BOYS AND GIRLS CLUB OF THE COACHELLA VALLEY - LA QUINTA UNIT RECOMMENDATION Adopt a Resolution approving a Supplemental Agreement to utilize 2016/17 Community Development Block Grant program funds in the amounts of $105,634 for Americans with Disabilities Act Improvements, and $20,121 of public service funds for the Boys and Girls Club of Coachella Valley - La Quinta Unit; and authorize the City Manager to execute and submit said agreement. EXECUTIVE SUMMARY • The Community Development Block Grant (CDBG) Program provides funds to state and local governments for a variety of activities that revitalize neighborhoods, promote economic development, and improve community facilities and services. • The City must enter into an agreement with the County of Riverside (County) to be eligible to receive these funds. • The United States of Housing and Urban Development (HUD) requires the Supplemental Agreement (Agreement) (Exhibit A to the resolution). FISCAL IMPACT The City will receive $125,755 in CDBG funds with $105,634 allocated to Americans with Disabilities Act (ADA) Improvements at various City -owned parks and $20,121 allocated to the Coachella Valley Boys and Girls Club - La Quinta unit. BACKGROUND/ANALYSIS The City is a cooperating city of the County's CDBG program and has participated since 1983. The County's program is a federally funded grant program that is overseen by HUD and administered by the County. HUD requires the County to establish an annual agreement with the City to authorize use of CDBG funds for projects approved by Council. 283 On December 1, 2015, Council approved an estimated allocation of $135,000 for the 2016/17 funding period; $114,750 for ADA Park Improvements at various City -owned parks, and $20,250 for the Boys and Girls Club Fee Waiver Reduction Program. After Council approval, the City received the final Federal funding amount for the 2016/17 CDBG funding period. The final federal amount is lower than the Council -awarded funding estimates. CDBG appropriations have declined as a result of the growing number of entitlement jurisdictions participating in the CDBG program and the reduced federal budget for CDBG funding. Thus, the City's CDBG funding allocation has been lowered to $125,755, lowering the original allocation of $114,750 for ADA improvements to $105,634, and the allocation of $20,250 to the Coachella Valley Boys and Girls Club to $20,121. The Agreement between the City and County reflect these changes. The Agreement must be returned to the County no later than August 27, 2016. Once the County receives the Agreement, the County will issue an "Authorization to Incur Costs" that allows the City to release funds to the approved projects with assurance of reimbursement. ALTERNATIVES Council may elect not to approve the Supplemental Agreement and decline the CDBG funds. However, such action would result in the inability to fund these projects and public services; therefore, no alternative is recommended. Prepared by: Carla Triplett, Management Specialist Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer 284 RESOLUTION NO. 2016 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SUPPLEMENTAL AGREEMENT WITH THE COUNTY OF RIVERSIDE FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR AMERICANS WITH DISABILITES ACT IMPROVEMENTS AT VARIOUS CITY OWNED PARKS AND PUBLIC SERVICE FUNDS FOR THE BOYS AND GIRLS CLUB OF THE COACHELLA VALLEY — LA QUINTA UNIT. WHEREAS, the Community Development Block Grant funds for Fiscal Year 2015/16 is identified to be $125,755; and, WHEREAS, the City of La Quinta must submit to the County of Riverside Economic Development Agency a signed Supplemental Agreement to utilize the Community Development Block Grant Funds (Exhibit A); and, WHEREAS, the use of the Community Development Block Grant Fund was openly discussed and considered by the City Council at their regular meeting on December 1, 2015; and, WHEREAS, on December 1, 2015, by a majority vote of the City Council of the City of La Quinta, California, the following proposal(s), were selected: PROJECT NAME 1. Miscellaneous Parks ADA Improvements 2. Fee Waiver/Reduction Program SPONSOR AMOUNT City of La Quinta $105,634 Coachella Valley $ 20,121 Boys and Girls Club La Quinta Unit NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. That the City of La Quinta does hereby approve the Supplemental Agreement (Exhibit A) for the use of Community Development Block Grant Funds for Fiscal Year 2016/17 for the above names project(s). SECTION 2. That the City Council hereby directs the City Manager to disperse the funding amounts in accordance with the programming procedures of the Community Development Block Grant program. 285 Resolution No. 2016- Community Development Block Grant - Supplemental Agreement Adopted: August 2, 2016 Page 2 of 2 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 2nd day of August 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) I_1»101111/1417-5-111191 ;101:78F WILLIAM H. IHRKE, City Attorney City of La Quinta, California I EXHIBIT A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 File No.: 4.LQ.26-16 and 4.LQ.27-16 SUPPLEMENTAL AGREEMENT FOR THE USE OF 2016-2017 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Supplemental Agreement ("Agreement") is entered into this day of 2016, by and between the COUNTY OF RIVERSIDE, a political subdivision of the State of California, herein called, "COUNTY," and the CITY OF LA QUINTA, herein called "CITY." COUNTY and CITY are collectively referred to as "Parties" and individually as "Part " Y• The COUNTY and CITY mutually agree as follows: 1. GENERAL. COUNTY and CITY have executed a Cooperation Agreement, dated July 15, 2015 ("Cooperation Agreement'), whereby CITY elected to participate with COUNTY, which has qualified as an "Urban County" for purposes of receiving Community Development Block Grant (CDBG) funds ("CDBG"), and to assist and undertake essential community development and housing assistance activities pursuant to the Housing and Community Development Act of 1974, Title 1, as amended, Public Law 93-383 hereinafter referred to as "Act." Said Cooperation Agreement, dated July 15, 2015, is incorporated herein by reference and made a part of this Agreement as if each and every provision was set forth herein. 2. PURPOSE. CITY promises and agrees to undertake and assist with the community development activities, within its jurisdiction, by utilizing the sum of $125,755, CDBG Entitlement Funds, as specifically identified in Exhibit(s) A and B , attached hereto, and are incorporated herein by this reference, for the following project(s) (collectively, the "Projects"): A. 4.LQ.26-16 City of La Quinta ADA Improvements $105,634 B. 4.LQ.27-16 Boys and Girls Club - Coachella Valley $20,121 3. TERM OF AGREEMENT. The term of this Agreement for the implementation of the Project(s) shall be for a period of one (1) year from July 1, 2016 to Page 1 of 20 287 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 termination on June 30, 2017. City shall proceed consistent with the completion schedule set forth in Exhibit(s) A and B, attached hereto and incorporated herein. In the event the Project(s) are not substantially completed by the time set forth in the applicable completion schedules due to a force majeure event (See Section 24 below), the COUNTY may consider extending the schedule for the completion of the project(s). Times of performance for other activities may also be extended in writing by COUNTY. If substantial progress toward completion in conformance with the completion schedule, as determined by COUNTY in its discretion, of the project(s) are not made during the term of this Supplemental Agreement, COUNTY may suspend or terminate this Supplemental Agreement pursuant to the termination procedures set forth in the section titled "Termination," and the entitlement funds associated with the Project(s) may be reprogrammed by the COUNTY after appropriate notice is provided to the City. 4. DISPOSITION OF FUNDS. A. COUNTY's Board of Supervisors shall determine the final disposition and distribution of all funds received by COUNTY under the Act consistent with Sections 2 and 3 of this Supplemental Agreement. COUNTY, through its Economic Development Agency, shall make payment of the CDBG funds to CITY as set forth in the attached Exhibit(s) A and B. It is the CITY's responsibility to monitor all project activities set forth in the attached Exhibit(s) A and B, and to ensure compliance with applicable federal regulations and the terms of this Supplemental Agreement. B. CITY shall comply with timely drawdown of CDBG Entitlement funding by expeditiously implementing and completing the COUNTY -approved, CDBG-funded Projects. CITY acknowledges that CITY's drawdown performance directly impacts the COUNTY's overall program drawdown rate. If the CITY's unobligated CDBG fund balance, as of January 31, 2017, exceeds one hundred and seventy-five percent (175%) of the CITY's 2016-2017 CDBG allocation, the COUNTY may, in its sole discretion, take the necessary administrative actions to reduce the CITY's CDBG fund balance. Necessary actions include, but are not limited to, reprogramming the excess CDBG fund balance to other eligible activities as selected by Page 2 of 20 288 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I COUNTY. COUNTY may, in its sole and absolute discretion, authorize CITY in writing, prior to January 31, 2017, to exceed the CDBG fund balance requirement. C. CITY shall comply with timely drawdown of CDBG funds by submitting monthly requests for reimbursement or other COUNTY approved reimbursement schedules. All disbursements of CDBG funds will be on a reimbursement basis and made within thirty (30) days after the COUNTY has received the CITY's reimbursement request including documentation supporting expenditures. D. All authorized obligations incurred in the performance of the Supplemental Agreement for projects eligible under the following CDBG regulations must be reported in writing to COUNTY no later than Ruic I. 20 17: 1. Acquisition [24 Code of Federal Regulations (CFR) 570.201 (a)] 2. Clearance Activities [24 CFR 570.201 (d)] 3. Interim Assistance [24 CFR 570.201 (f)] 4. Code Enforcement [24 CFR 570.202 (c)] All public service activities [24 CFR 570.201 (e)] and other eligible activities under this Supplemental Agreement must be implemented, completed, and obligations reported in writing to the COUNTY by the CITY no later than the completion schedules set forth in the attached Exhibits to this Supplemental Agreement. "CFR" as used herein refers to the Code of Federal Regulations. 5. COOPERATION WITH HOUSING ACTIVITIES. CITY shall cooperate with COUNTY in undertaking essential community development and housing assistance activities, specifically urban renewal and public assistance housing, and shall assist COUNTY in implementing and undertaking the goals and strategies identified in the 2014-2019 Five Year Consolidated Plan, pursuant to 24 CFR Part 91 and other requirements of the Community Development Block Grant Program. 6. LEAD AGENCY FOR COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEOA). Pursuant to Section 15051(d) of Title 14 of the Page 3 of 20 289 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 California Administrative Code, the CITY is designated as the lead agency for the projects that are the subject matter of this Supplemental Agreement. 7. HOLD HARMLESS AND INDEMNIFICATION. In contemplation of the provisions of Section 895.2 of the California Government Code imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement as defined by Section 895 of the Code, the Parties hereto, pursuant to the authorization contained in Section 895.4 and 895.6 of the Code, agree that each Party shall be liable for any damages including, but not limited to, claims, demands, losses, liabilities, costs and expenses including reasonable attorneys' fees, resulting from the negligent or wrongful acts or omissions of their employees or agents in the performance of this Agreement, and each Party shall indemnify, defend and hold harmless the other Parties from such claims, demands, damages, losses or liabilities for their negligence 8. INSURANCE. Without limiting or diminishing the CITY obligation to 9 indemnify or hold the COUNTY harmless, CITY shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage's during the term of this Agreement. a. Workers' Compensation: If the CITY has employees as defined by the State of California, the CITY shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers' Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive subrogation in favor of the County of Riverside. b. Commercial General Liabil�: Commercial General Liability insurance coverage, including but not limited to, premises liability, contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of Page 4 of 20 290 1 2 3 4 5 6 7 8 9 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY' S performance of its obligations hereunder. Policy shall name the County of Riverside as Additional Insured. Policy's limit of liability shall not be less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. C. Vehicle Liability: If vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then CITY shall maintain liability insurance for all owned, non -owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. Policy shall name the County of Riverside as Additional Insured. d. General Insurance Provisions - All lines: (i). Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A M BEST rating of not less than A: VIII (A:8) unless such requirements are waived, in writing, by the County Risk Manager. If the County's Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term. (ii). The CITY'S insurance carrier(s) must declare its insurance self - insured retentions. If such self -insured retentions exceed $500,000 per occurrence such retentions shall have the prior written consent of the County Risk Manager before the commencement of operations under this Agreement. Upon notification of self -insured retention unacceptable to the COUNTY, and at the election of the Country's Risk Manager, CITY' S carriers shall either; 1) reduce or eliminate such self -insured retention as respects this Agreement with the COUNTY, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. Page 5 of 20 291 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (iii). CITY shall cause CITY'S insurance carrier(s) to furnish the County of Riverside with either 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, and 2) if requested to do so orally or in writing by the County Risk Manager, provide original Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that thirty (30) days written notice shall be given to the County of Riverside prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. In the event of a material modification, cancellation, expiration, or reduction in coverage, this Agreement shall terminate forthwith, unless the County of Riverside receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage's set forth herein and the insurance required herein is in full force and effect. CITY shall not commence operations until the COUNTY has been furnished original Certificate (s) of Insurance and certified original copies of endorsements and if requested, certified original policies of insurance including all endorsements and any and all other attachments as required in this Section. An individual authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the Certificate oflnsurance. (iv). It is understood and agreed to by the parties hereto that the CITY'S insurance shall be construed as primary insurance, and the COUNTY'S insurance and/or deductibles and/or self -insured retention's or self -insured programs shall not be construed as contributory. (v). If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services; or, there is a material change in the equipment to be used in the performance of the scope of or, the term of this Agreement, including any Page 6 of 20 292 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 extensions thereof, exceeds five (5) years, the COUNTY reserves the right to adjust the types of insurance required under this Agreement and the monetary limits of liability for the insurance coverage's currently required herein, if, in the County Risk Manager's reasonable judgment, the amount or type of insurance carried by the CITY has become inadequate. (vi). CITY shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement. (vii). The insurance requirements contained in this Agreement may be met with a program(s) of self-insurance acceptable to the COUNTY. (viii). CITY agrees to notify COUNTY of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement. 9. RECORDS AND INSPECTIONS. A. CITY shall establish and maintain financial, programmatic, statistical, and other supporting records of its operations and financial activities in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200.333), and 24 CFR Part 84 and 85, as amended, and 24 CFR Section 570.502 (a), as they relate to the acceptance and use of federal hinds under this Agreement. Said records shall be retained for a period of four (4) years from the date that the activity or program funded with the CDBG Grant is closed out by the COUNTY and reported as complete in the Comprehensive Annual Performance and Evaluation Report (CAPER). Exceptions to the four (4) year retention period requirement, pursuant to 2 CFR 200.333 include the following: i. if any litigation, claim, or audit is started prior to the expiration of the four (4) year period; ii. when the CITY is notified in writing by the COUNTY, HUD, or other Federal agency to extend the retention period; iii. records for real property and equipment acquired with CDBG funds must be retained for four (4) years after final disposition; Page 7 of 20 293 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 iv. when the records are transferred by the CITY to the COUNTY, HUD, or other Federal agency, the four (4) year period is not applicable. B. CITY shall obtain an external audit in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200.500). Audits shall usually be performed annually but not less frequently than every two years. Nonprofit institutions and government agencies that expend less than $750,000 a year in Federal awards are exempt from Federal audit requirements, but records must be available for review by appropriate officials of the Federal grantor agency or subgranting entity. The audit report shall be submitted to the COUNTY within 180 days after the end of the COUNTY'S fiscal year. C. CITY shall maintain a separate account for the CITYS CDBG Entitlement funds received as set forth in Exhibit(s) A and B, attached hereto. D. Pursuant to 2 CFR 200.336, CITY shall, during the normal business hours, make available to COUNTY, the U.S. Department of Housing and Urban Development (HUD), or other authorized representative, for the examination and copying, all of its records and other materials with respect to matters covered by this Agreement and provide reasonable access to CITY staff for the purpose of interview and discussion related to the records and documents. E. CITY shall not retain any program income as defined in 24 CFR 570.500 570.500. Said program income shall be used only for the activities that are the subject of this Agreement. Further, all provisions of this Agreement shall apply to such activities. F. The CITY shall ensure that at least fifty-one percent (51 %) of the persons benefiting from all CDBG-funded activities or projects designated as serving limited clientele [24 CFR 570.208(a)(2)(i)] are of low and moderate -income and meet the applicable household income guidelines. The CITY shall provide the required income certification and direct benefit documentation, in writing, to the COUNTY pursuant to the reporting requirement of each activity as set forth in Exhibit(s) A and B, attached hereto. In the event that CITY engages the services of a sub -contractor to implement CDBG-funded activities, the CITY must collect, in Page 8 of 20 294 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 writing, all required income certification and direct benefit documentation from subcontractors prior to submittal to the COUNTY pursuant to the reporting requirement of each activity as set forth in Exhibit(s) A and B, attached hereto. 10. COMPLIANCE WITH LAWS. CITY shall comply with all applicable federal, state, and local laws, regulations, and ordinances and any amendments thereto and the federal regulations and guidelines now or hereafter enacted pursuant to the Act. More particularly, CITY is to comply with those regulations found in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200), and 24 CFR Part 84 and 85, as amended, or any subsequent replacement. CITY is to abide by the provisions of the Community Development Block Grant Manual, prepared by COUNTY and cited in the above - mentioned Cooperation Agreement. CITY shall comply, if applicable, with Section 3 of the Housing & Urban Development Act of 1968, as amended, attached hereto as Exhibit "S" and incorporated herein by this reference. CITY shall also comply with the provisions of 24 CFR 570.200 0), attached hereto as Exhibit "R," and incorporated herein by this reference, pertaining to inherently religious activities. 11. INDEPENDENT CONTRACTOR. The CITY is, for purposes relating to this Supplemental Agreement, an independent contractor and shall not be deemed an employee of the COUNTY. It is expressly understood and agreed that the CITY (including its employees, agents and subcontractor's) shall in no event be entitled to any benefits to which the COUNTY employees are entitled, including but not limited to overtime, any retirement benefits, worker's compensation benefits, and injury leave or other leave benefits. There shall be no employer - employee relationship between the parties; and the CITY shall hold the COUNTY harmless from any and all claims that may be made against the COUNTY based upon any contention by a third party that an employer -employee relationship exists by reason of this Supplemental Agreement. It is further understood and agreed by the parties that the CITY in the performance of this Supplemental Agreement is subject to the control or direction of the COUNTY merely as to the results to be accomplished and not as to the means and methods for accomplishing the results. Page 9 of 20 295 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12. TERMINATION. A. CITY. CITY may not terminate this Agreement except upon express written consent of COUNTY, pursuant to 2 CFR 200.339 (a)(3). B. COUNTY. Notwithstanding the provisions of Paragraph 12a above, COUNTY may suspend or terminate this Supplemental Agreement upon a ten (10) day written notice to CITY of action being taken and the reason for such action including, but not limited to, the following reasons: (1) In the event CITY fails to perform the covenants herein contained at such times and in such manner as provided in this Supplemental Agreement; and (2) In the event there is a conflict with any federal, state or local law, ordinance, regulation or rule rendering any of the provisions of this Supplemental Agreement invalid or untenable; or (3) In the event the funding from the Department of Housing and Urban Development referred to in Sections 1 and 2 above is terminated or otherwise becomes unavailable. C. This Agreement may be terminated and/or funding suspended, in whole or in part, for cause in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200.339). Cause shall be based on the failure of the CITY to materially comply with either the terms or conditions of this Agreement. Upon suspension of funding, the CITY agrees not to incur any costs related thereto, or connected with, any area of conflict from which the COUNTY has determined that suspension of funds is necessary. CITY acknowledges that failure to comply with Federal statutes, regulations, or the terms and conditions of this Agreement may be considered by the COUNTY in evaluating future CDBG and non-CDBG funding applications submitted by CITY. D. Upon suspension or termination of this Supplemental Agreement, CITY shall return any unencumbered funds which it has been provided by COUNTY. In accepting said funds, COUNTY does not waive any claim or cause of action it may have against CITY for Page 10 of 20 296 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I breach of this Supplemental Agreement. E. Reversion of Assets 1. Upon expiration or termination of this Supplemental Agreement, the CITY shall transfer to the COUNTY any CDBG funds on hand at the time of expiration of the Supplemental Agreement as well as any accounts receivable held by CITY which are attributable to the use of CDBG funds awarded pursuant to this Supplemental Agreement. 2. Any real property under the CITY'S control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the CITY in the form of a loan) in excess of $25,000 is either: (i) Used to meet one of the National Objectives pursuant to 24 CFR 570.208 until five years after expiration of this agreement, or for such longer period of time as determined to be appropriate by the COUNTY; or (ii) Not used in accordance with Clause (i) above, in which event the CITY shall pay the COUNTY an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. 13. NONDISCRIMINATION. CITY shall abide by 24 CFR 570.601 and 570.602 of Title 24 of the Code of Federal Regulations which requires that no person in the United States shall on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with Community Development funds. CITY shall abide by and include in any subcontracts to perform work under this Supplemental Agreement, the following clause: "During the performance of this Supplemental Agreement, CITY and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or sex. CITY and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free Page 11 of 20 297 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of such discrimination. CITY and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (California Government Code Section 12900 et seq.). The applicable regulations of the Fair Employment and Housing Commission are implementing California Government Code Section 12990 et seq., set forth in Chapter 1 of Division 4.1 of Title 2 of the California Administrative Code are incorporated into this Agreement by reference and made a part hereof as if set forth in full. CITY and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement." 14. PROHIBITION AGAINST CONFLICTS OF INTEREST A. CITY and its assigns, employees, agents, consultants, officers and elected and appointed officials shall become familiar with and shall comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200) and the CDBG regulations prohibiting conflicts of interest contained in 24 CFR 570.611. B. The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. C. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. D. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision -making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes Page 12 of 20 298 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public j agency. E. CITY understands and agrees that no waiver of exception can be granted to the prohibition against conflict of interest except upon written approval of HUD pursuant to 24 CFR 570.611 (d). Any request by CITY for an exception shall first be reviewed by COUNTY to determine whether such request is appropriate for submission to HUD in the COUNTY'S sole and absolute discretion. In determining whether such request is appropriate for submission to HUD, COUNTY will consider the factors listed in 24 CFR 570.611 (d)(2). F. Prior to the distribution of any CDBG funding under this Supplemental Agreement, CITY shall provide COUNTY, in writing, a list of all employees, agents, consultants, officers and elected and appointed officials who are in a position to participate in a decision making process, exercise any functions or responsibilities, or gain inside information with respect to the CDBG activities funded under this Agreement. CITY shall also promptly disclose to COUNTY any potential conflict, including even the appearance of conflict that may arise with respect to the CDBG activities funded under this Supplemental Agreement. G. Any violation of this Section 14 shall be deemed a material breach of this Supplemental Agreement, and the Supplemental Agreement shall be immediately terminated by the COUNTY. 15. PROJECT ELIGIBILITY. As to CITY or its claimants, COUNTY shall bear no liability for any later determination by the United States Government, the U.S. Department of Housing and Urban Development, or any other person or entity that CITY is or is not eligible under 24 CFR Part 570 to receive CDBG entitlement funds from the COUNTY. 16. USE OF PROPERTY. Whenever federal CDBG funds or program income are used, in whole or in part, for the purchase of equipment or personal property, the property shall not be transferred from its originally funded use, by CITY or the CITY'S subcontractor implementing the CDBG-funded activity, for a period of five (5) years from the close-out date of Page 13 of 20 299 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 the grant from which CDBG assistance was provided. The CITY shall maintain a current inventory for COUNTY monitoring and review. 17. EMPLOYMENT OPPORTUNITIES TO BE CAUSED BY PROJECT. CITY agrees to notify in writing, and to cause any subcontractor implementing CDBG-funded Projects to notify, in writing, the Riverside County Workforce Development Center of any and all job openings that are caused by the CDBG-funded Projects under this Supplemental Agreement. 18. PUBLICITY. Any publicity generated by CITY for the Projects funded pursuant to this Supplemental Agreement will make reference to the contribution of the COUNTY, the Economic Development Agency, and the Community Development Block Grant Program in making the project possible. 19. PROGRAM MONITORING AND EVALUATION. CITY and its subcontractors shall be monitored and evaluated in terms of its effectiveness and timely compliance with the provisions of this Supplemental Agreement and the effective and efficient achievement of the CDBG National Objectives as set forth in Exhibit(s) A and B, attached hereto. Quarterly reports shall be due on the last day of the month immediately following the end of the quarter being reported. The quarterly written reports shall include, but shall not be limited to, the following data elements: A. Title of program, listing of components, description of activities/operations. B. The projected goals, indicated numerically, and also the goals achieved (for each report period). In addition, identify by percentage and description, the progress achieved towards meeting the specified goals and identify any problems encountered in meeting goals. C. If the CDBG-funded activity meets a National Objective under 24 CFR 570.208 (a)(2)(i), CITY will report the following: 1) Total number of direct beneficiaries (clientele served) with household incomes at: Page 14 of 20 300 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • Above 80% MHI • Between 50% and 80% MHI (Low -Income) • Between 30% and 50% MHI (Very Low -Income) • Less than 30% MHI (Extremely Low -Income) 2) Total number and percent (%) of the clientele served that have household incomes at or below 80% MHI 3) Racial ethnicity of clientele 4) Number of Female -Headed Households D. CITY shall report, in writing, and cause its subcontractors to report, in writing, beneficiary statistics monthly to the Economic Development Agency (EDA) on the pre - approved Direct Benefit Form and Self -Certification Form (certifying income, family size, and racial ethnicity) as required by HUD. Updated forms are to be provided to CITY by EDA should HUD implement changes during the term of this Supplemental Agreement. CITY and subcontractors will collect and provide all necessary data required by HUD pertaining to the Specific Outcome Indicators as identified in HUD's Community Planning and Development (CPD) Outcome Performance Measurement System. 20. SOURCE OF FUNDING. CITY acknowledges that the source of funding pursuant to this Supplemental Agreement is Community Development Block Grant funds (CFDA 14.218), and the Grant Award Number is B-16-UC-06-0506. 21. ENTIRE AGREEMENT. This Supplemental Agreement, including any attachments or exhibits hereto constitutes the entire Supplemental Agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous representations, proposals, discussions and communications, whether oral or in writing. No oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. Each of the attachments and exhibits attached hereto is incorporated herein by this reference. 22. MINISTERIAL ACTS. The Assistant County Executive Officer/EDA or designee(s) are authorized to take such ministerial actions as may be necessary or appropriate to Page 15 of 20 301 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 implement the terms, provisions, and conditions of this Supplemental Agreement as it may be amended from time -to -time by COUNTY. 23. PRIOR AUTHORIZATION. CITY shall obtain COUNTY's written approval from the COUNTY'S Economic Development Agency prior to implementing the following i I "high risk" activities funded with CDBG assistance: A. Construction of public facilities (project plans and specifications); B. Acquisition of real property; C. Historic Preservation; D. Relocation; and F. Economic Development 24. FORCE MAJEURE. A. Performance by either party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, lock -outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental restrictions or priority, litigation, unusually severe weather, inability to secure necessary labor, material or tools, delays of any contractor, sub -contractor or supplier, acts of the other party, acts or failure to act of a public or governmental agency or entity, or any causes beyond the control or without the fault of the party claiming an extension of time to perform. B. An extension of time for any such cause (a "Force Majeure Delay") shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) calendar days of knowledge of the commencement of the cause. Notwithstanding the foregoing, none of the foregoing events shall constitute a Force Majeure Delay unless and until the party claiming such delay and interference delivers to the other party written notice describing the event, its cause, when and how such party obtained knowledge, the date the event commenced, and the estimated delay resulting therefrom. Any party claiming a Page 16 of 20 302 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Force Majeure Delay shall deliver such written notice within thirty (30) calendar days after it obtains knowledge of the event. 25. JURISDICTION AND VENUE: Any action at law or in equity arising under this Supplemental Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Supplemental Agreement shall be filed in the consolidated Courts of Riverside County, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court or jurisdiction 26. SEVERABILITY. Each paragraph and provision of this Supplemental Agreement is severable from each other provision, and if any provision or part thereof is declared invalid, the remaining provisions shall remain in full force and effect. 27. WAIVER. Failure by a party to insist upon the strict performance of any of the provisions of this Supplemental Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's rights to insist and demand strict compliance by the other party with the terms of this Supplemental Agreement thereafter. 28. NOTICES. Each notice, request, demand, consent, approval or other communication (hereinafter in this Section referred to collectively as "notices" and referred to singly as a "notice") which the CITY or COUNTY is required or permitted to give to the other party pursuant to this Agreement shall be in writing and shall be deemed to have been duly and sufficiently given if: (a) personally delivered with proof of delivery thereof (any notice so delivered shall be deemed to have been received at the time so delivered); or (b) sent by Federal Express (or other similar national overnight courier) designating early morning delivery (any notice so delivered shall be deemed to have been received on the next Business Day following receipt by the courier); or (c) sent by United States registered or certified mail, return receipt requested, postage prepaid, at a post office regularly maintained by the United States Postal Service (any notice so sent shall be deemed to have been received two days after mailing in the Page 17 of 20 303 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 United States), addressed to the respective parties as follows: COUNTY CITY Assistant County Executive Officer/EDA Frank Spevacek Economic Development Agency City of La Quinta P.O. Box 1180 78-495 Calle Tam Riverside, CA 92502 La Quinta, CA 92253 29. LOBBYING. CITY certifies to the best of its knowledge and belief, that: a. No federally -appropriated funds have been paid or will be paid, by or on behalf of the CITY, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. b. If any funds other than federally -appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the CITY shall complete and submit Standard Form-LLL, 'Disclosure Form to Report Lobbying," in accordance with its instructions. C. CITY shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. 30. INTERPRETATION AND GOVERNING LAW. This Supplemental Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the Page 18 of 20 304 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 laws of the State of California. This Supplemental Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Supplemental Agreement, all parties having been represented by counsel in the negotiation and preparation hereof. 31. AUTHORITY TO EXECUTE. The persons executing this Supplemental Agreement or exhibits attached hereto on behalf of the parties to this Supplemental Agreement hereby warrant and represent that they have the authority to execute this Supplemental Agreement and warrant and represent that they have the authority to bind the respective parties to this Supplemental Agreement to the performance of its obligations hereunder. 32. EFFECTIVE DATE. The effective date of this Supplemental Agreement is the date the parties sign the Supplemental Agreement. If the parties sign the Supplemental Agreement on more than one date, then the last date the Supplemental Agreement is signed by a party shall be the effective date. 33. COUNTERPARTS. This Supplemental Agreement may be signed by the different parties hereto in counterparts, each of which shall be an original but all of which together shall constitute one and the same agreement. 34. LETTER TO PROCEED. CITY shall not initiate nor incur expenses for the CDBG-funded Projects or activities covered under the terms of this Supplemental Agreement as set forth in Exhibit(s) A and B, attached hereto, prior to receiving written authorization from COUNTY to proceed. 35. ASSIGNMENT. The CITY shall not make any assignment or transfer in any form with respect to this Supplemental Agreement, without prior written approval of the COUNTY. 36. MODIFICATION OF AGREEMENT. This Supplemental Agreement may be modified or amended only by a writing signed by the duly authorized and empowered representative of COUNTY and CITY respectively. [Signatures on Following Page] Page 19 of 20 305 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the COUNTY and the CITY have executed this Agreement as of the dates set forth below. COUNTY OF RIVERSIDE, a political subdivision of the State of California BY: Suzanne Holland, Assistant Director of EDA Date: APPROVED AS TO FORM: Gregory P. Priamos, County Counsel Lo Jhaila R. Brown, Deputy County Counsel CITY OF LA QUINTA, a general law city BY: Date: ATTEST: Mavis City Clerk APPROVED AS TO FORM: BY: City Attorney Page 20 of 20 306 EXHIBIT A File No.: 4.LQ.26-16 SUPPLEMENTAL AGREEMENT SCOPE OF WORK (NON-PUBLIC SERVICE) I. GENERAL INFORMATION CITY NAME: City of La Quinta DUNS #: 158241765 ADDRESS: 78-495 Calle Tampico La Quinta, CA 92253 PROGRAM CONTACTS: Frank Spevacek, City Manager PHONE: (760) 770-7120 FAX: E-MAIL: PROJECT NAME: City of La Quinta ADA Improvements PROJECT LOCATION: Various Parks and Locations Throughout City LEVEL OF ENVIRONMENTAL CLEARANCE: Categorical Exclusion 24 CFR 58.35 CDBG ELIGIBILITY CODE: 570.201 (c) Public Facilities PROJECT FUNDING SUMMARY: $105,634 Project to be administered by County (EDA) on behalf of City: YES ❑ NO II. SCOPE OF SERVICE A. Activities City will be responsible for administering a 2016-2017 Community Development Block Grant for the City of La Quinta ADA Improvements in a manner satisfactory to the County of Riverside and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program: Activity #1 The City of La Quinta will use CDBG funds to pay for costs associated with the construction of ADA improvements at City public parks, intersection curb ramps, and sidewalks -all prioritized improvements recommended in the City's ADA Transition Plan report. CDBG funds will be used for design, construction, equipment, materials and supplies, inspection/testing costs, and project administration. Page 1 of 7 307 EXHIBIT A File No.: 4.LQ.26-16 B. National Objective All activities funded with CDBG funds must comply with one of more of the CDBG program's National Objective Criteria as required under 24 CFR 570.200(a)(2). City certifies that the activity(ies) carried out under this Agreement will meet the following National Objective: National Objective Criteria: 570.208 (a)(2)(i)(A) CFR Reference: Low Mod Limited Clientele Presumed C. Levels of Accomplishment — Goals and Performance Measures The City agrees to implement and complete the following activity(ies): Activity #1 Prepare design and specifications for facility improvements. Activity #2 Implement and complete construction activities. CPD OUTCOME PERFORMANCE MEASUREMENT Objectives (select one): E Creating Suitable Living Environments (F1 Providing Decent Affordable Housing ® Creating Economic Opportunities Outcome (select one): M Availability/Accessibility ® Affordability ® Sustainability (promoting livable or viable communities) D. City Capacity By executing this Supplemental Agreement, the City certifies that it has the appropriate number of trained and knowledgeable staff, adequate facilities, proper equipment, required licensing and permitting, and sufficient amount of financial resources necessary to implement and carry out the activities funded with CDBG funds. City will immediately notify County of any significant changes in organizational management, assigned staff, change in facilities, loss or change in matching funds, or any other event that could potentially impact the City or subrecipient's performance under this Agreement. Any changes in the above items are subject to the prior approval of the County. E. Performance Monitoring The County of Riverside will monitor the performance of the City and its subrecipients against goals and performance standards as stated above. Substandard performance as determined by the County will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the City within a reasonable period of time after being notified by the County, contract suspension or termination procedures will be initiated. Page 2 of 7 308 EXHIBIT A File No.: 4.LQ.26-16 F. Program Budget It is expressly agreed and understood that the total amount to be paid by the County under this Agreement shall not exceed $105,634 Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in this Section and in accordance with performance. Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200), and 24 CFR Part 84 and 85, as amended. The County may require a more detailed budget breakdown than the one contained herein, and the City shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the County. Any amendments to the budget must be approved in writing by both the County and City. Line Item CDBG Granted I Funds Total of Non- CDBG Funds Total Activity/Project Budget Notes Design/Engineering Costs Project Administration Costs $105,634 $5,500 $111,134 Construction Costs Acquisition Costs Relocations Costs Capital Equipment Costs Code Enforcement Clearance Interim Assistance Indirect Costs: TOTA' 't COO DUDGEI' S I ()5' ) 3 4 5.5i)O Page 3 of 7 309 EXHIBIT A File No.: 4.LQ.26-16 G. Total Amount of Non- CDBG Leveraging TYPE SOURCE AMOUNT SOURCE AMOUNT SOURCE AMOUNT TOTAL ;FEDERAL STATE/LOCAL City Gen. $5,500 $5,500 Fund ! PRIVATE OTHER i TOTAL: $5,500 III. ADMINISTRATIVE REQUIREMENTS A. Accounting Standards The City agrees to comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200), and 24 CFR Part 84 and 85, as amended, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. Cost Principles The City shall administer its program in conformance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200), and 24 CFR Part 84 and 85, as amended. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. C. Documentation and Record Keeping 1. Records to be Maintained The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: I Records providing a full description of each activity undertaken; ii. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; iii. Records required to determine the eligibility of activities; iv. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; V. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; vi. Financial records as required by 24 CFR 570.502, and 2 CFR 200; and vii. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. Page 4 of 7 310 EXHIBIT A File No.: 4.LQ.26-16 2. Records Retention The City shall retain all CDBG-related financial records, supporting documents, contracts, and agreements for a period of four (4) years. The retention period begins on the date of the submission of the County's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported for the final time. The City will retain all National Objective documentation, including low -moderate income certification, ethnicity, and other pertinent data for a period of four (4) years after submission of the County's annual performance and evaluation report to HUD. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then such records must be retained until completion of the actions and resolution of all issues. 3. Client Data The City shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to County monitors or their designees for review upon request. 4. Disclosure The City understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the County's or City's responsibilities with respect to services provided under this contract, is prohibited by applicable federal and State law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian, 5. Close-outs The City's obligation to the County shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the County), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the City has control over CDBG funds, including program income. 6. Audits & Inspections. All City records with respect to any matters covered by this Agreement shall be made available to the County, HUD, and the Controller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the City within 30 days after receipt by the City. Failure of the City to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The City hereby agrees to have an annual agency audit conducted in accordance with current County policy concerning subrecipient audits and Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200.500) and HUD's single audit regulations (24 CFR Part 44.6). Page 5 of 7 311 EXHIBIT A File No.: 4.LQ.26-16 IV. PROJECT IMPLEMENTATION AND SCHEDULE Unless pre -approved by County, City will perform and complete the activities described in Section II in conformance with the schedule of tasks and milestones listed below: Tasks / Milestone Complete Online Training Implement Project Activities Execute Supplemental Agreement & Notice to Incur Cost Tasks / Milestone Submit Quarterly Performance Reports to County County Monitoring of City Program/Performance Start Date Completion Date June 2016 July 2016 Upon Notification from EDA August 2016 September 2016 Start Date Completion Date October 15, 2016 January 15, 2017 April 15, 2017 To be determined by Program Manager Specific Project Activities 1. City executes Sponsor's Agreement; receives authorization to incur cost letter 2. City prepares final construction/equipment documents (incorporating Special Federal Provisions) for EDA review and approval 3. EDA authorizes City to advertise for bids 4. EDA reviews and approves bidding process 5. City awards construction/equipment contract 6. City and EDA conduct "pre -construction meeting" 7. EDA authorizes City to issue "Notice to Proceed" City Submits Reimbursement Requests Monthly Submittal ❑ Other Schedule CDBG-funded Project Complete City Submits Monthly Direct Benefit Reports March 31, 2017 N/A Page 6of7 April 15, 2017 (liI AL) 312 EXHIBIT A File No.: 4.LQ.26-16 V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS City is not to proceed with bidding or contracting - for design or construction services - prior to contacting the County to obtain Special Federal Provisions for bidding and contract procurement. EDA must review and approve (in writing) all construction bid documents prior to notice inviting bids. Page 7 of 7 313 EXHIBIT B File No.: 4.LQ.27-16 SUPPLEMENTAL AGREEMENT SCOPE OF WORK (PUBLIC SERVICE) I. GENERAL INFORMATION CITY NAME: City of La Quinta ADDRESS: 78-495 Calle Tampico La Ouinta. CA 92253 CITY PROGRAM CONTACTS: Siah Nix, Program Manager SUBRECIPIENT NAME: Boys & Girls Club of Coachella Valley ADDRESS: 49995 Moon River Drive, La Quinta, CA 92253 PHONE: (760) 564-5555 FAX: E-MAIL: PROJECT NAME: Boys and Girls Club - Coachella Valley DUNS#:968847715 PROJECT LOCATION: 49995 Moon River Drive, La Quinta, CA 92253 LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT [24 CFR 58.34 (a)(4)] CDBG ELIGIBILITY CODE: 24 CFR 570.201 (e) Public Services PROJECT FUNDING SUMMARY: $20,121 Project to be administered by County (EDA) on behalf of CITY: YES ❑ NO II. SCOPE OF SERVICE A. Activities City will be responsible for administering a 2016-2017 Community Development Block Grant for the Boys and Girls Club - Coachella Valley in a manner satisfactory to the County of Riverside and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program: Activity #1 The Boys and Girls Club will use CDBG funds to provide membership "scholarships" to youth from low-income families. These scholarships will allow eligible individuals to participate in after -school programs including concerts, recreation, and arts and crafts activities. Page 1 of 7 314 EXHIBIT B File No.: 4.LQ.27-16 B. National Objective All activities funded with CDBG funds must comply with one of more of the CDBG program's National Objective Criteria as required under 24 CFR 570.200(a)(2). CITY certifies that the activity (ies) carried out under this Agreement will meet the following National Objective: National Objective Criteria: 570.208 (a)(2)(i)(B) CFR Reference: Low Mod Limited Clientele Income Certification C. Levels of Accomplishment — Goals and Performance Measures The City agrees to provide the following levels of program services: Activity Units Total Total per Month Units/Year Unduplicated Persons Activity #1 79 79 Unit of Service is defined as: Children receiving Scholarships CPD OUTCOME PERFORMANCE MEASUREMENT Objectives (select one): N Creating Suitable Living Environments El Providing Decent Affordable Housing JFJ Creating Economic Opportunities Outcome (select one): © Availability/Accessibility M Affordability rl Sustainability (promoting livable or viable communities) D. City Capacity By executing this Supplemental Agreement, the City certifies that it and its subrecipients have the appropriate number of trained and knowledgeable staff, adequate facilities, proper equipment, required licensing and permitting, and sufficient amount of financial resources necessary to implement and carry out the activities funded with CDBG funds. City will immediately notify County of any significant changes in organizational management, assigned staff, change in facilities, loss or change in matching funds, or any other event that could potentially impact City's performance under this Agreement. Any changes in the above items are subject to the prior approval of the County. E. Performance Monitoring The County of Riverside will monitor the performance of the City and its subrecipients against goals and performance standards as stated above. Substandard performance as determined by the County will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the City within a reasonable period of time after being notified by the County, contract suspension or termination procedures will be initiated. Page 2 of 7 315 EXHIBIT B File No.: 4.LQ.27-16 F. Program Budget It is expressly agreed and understood that the total amount to be paid by the County under this Agreement shall not exceed $20,121. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in this Section and in accordance with performance. Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200), and 24 CFR Part 84 and 85, as amended. The County may require a more detailed budget breakdown than the one contained herein, and the City shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the County. Any amendments to the budget must be approved in writing by both the County and City. Line Item CDBG Granted Total Non- Total Notes Funds CDBG Funds Activity/Project Budget Total Direct Program $ Expenses Salaries Fringe Office Space (Program Only) Utilities Communications Reproduction/Printing Supplies and Materials Mileage Equipment (Program Only) Audit Transportation Other: Scholarships $20,121 Total Indirect Program $ Expenses Indirect Costs (Specify)* TAL ` DST $20,12 1 * All indirect costs must be pre -approved by the County. City must submit an Indirect Cost Allocation Plan to County, in a form specified by County, demonstrating the appropriate share of general and administrative costs. Page 3 of 7 316 EXHIBIT B File No.: 4.LQ.27-16 G. Total Amount of Non- CDBG Leveraging TYPE SOURCE AMOUNT SOURCE AMOUNT SOURCE AMOUNT FEDERAL STATE/LOCAL City Gen. $1,006 Fund PRIVATE OTHER TOTAL $1,006 TOTAL: $1,006 III. ADMINISTRATIVE REQUIREMENTS A. Accounting Standards The City agrees to comply with the 24 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200), and 24 CFR Part 84 and 85, as amended, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. Cost Principles The City shall administer its program in conformance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200), and 24 CFR Part 84 and 85, as amended. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. C. Documentation and Record Keeping 1. Records to be Maintained. The City and its subrecipients will maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: i Records providing a full description of each activity undertaken; ii. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; iii. Records required to determine the eligibility of activities; iv. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; V. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; vi. Financial records as required by 24 CFR 570.502, and 2 CFR 200; and vii. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. Page 4 of 7 317 EXHIBIT B File No.: 4.LQ.27-16 2. Records Retention: The City shall retain all CDBG-related financial records, supporting documents, contracts, and agreements for a period of four (4) years. The retention period begins on the date of the submission of the County's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported for the final time. The City will retain all National Objective documentation, including low -moderate income certification, ethnicity, and other pertinent data for a period of four (4) years after submission of the County's annual performance and evaluation report to HUD. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then such records must be retained until completion of the actions and resolution of all issues. Client Data: The City shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to County monitors or their designees for review upon request. 4. Disclosure: The City understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the County's or City's responsibilities with respect to services provided under this contract, is prohibited by applicable federal and State law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. Close-outs: The City's obligation to the County shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the County), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the City has control over CDBG funds, including program income. 6. Audits & Inspections: All City records with respect to any matters covered by this Agreement shall be made available to the County, HUD, and the Controller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the City within 30 days after receipt by the City. Failure of the City to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The City hereby agrees to have an annual agency audit conducted in accordance with current County policy concerning subrecipient audits and the Uniform Administrative Requirements , Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200.500) and HUD's single audit regulations (24 CFR Part 44.6). Page 5 of 7 318 EXHIBIT B File No.: 4.LQ.27-16 IV. PROJECT IMPLEMENTATION AND SCHEDULE Unless pre -approved by County, CITY will perform and complete the activities described in Section 11 in conformance with the schedule of tasks and milestones listed below: Tasks / Milestone Start Date Completion Date Complete Online Training June 2016 July 2016 Execute Subrecipient Agreements August 2016 September 2016 (EDA must approve) Implement Program Activities July 1, 2016 March 31, 2016 Execute Supplemental Agreement August 2016 September 2016 & Notice to Incur Cost City Submit Quarterly October 15, 2016 Performance Reports to County January 15, 2017 April 15, 2017 County Monitoring of City TBD TBD Performance City submit Monthly September 2016 March 2017 Direct Benefit Reports City Submits Reimbursement Requests Monthly Submittal ® September 2016 April 15, 2017 (FINAL) Other Schedule ❑ CDBG Program Services Complete March 2017 V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS Subrecipient must collect income self -certifications and verifications from every parent or legal guardian of every child participating in CDBG-ftiraded activities. This includes family income, family size, and ethnicity. Subrecipient is required to collect income verification documentation from the persons submitting the certifications. All of this documentation must be submitted to EDA on a monthly basis. (Special Conditions continued on Page 7 of 7) Page 6 of 7 319 EXHIBIT B File No.: 4.LQ.27-16 Monthly submittal of reimbursement requests is a mandatory requirement. Due to the funding amount allocated to this project, program year-end deadlines, and Subrecipient's past performance, Subrecipient is expected to complete CDBG funded activities by March 30, 2017, with the City's final reimbursement request and reports to be submitted no later than April 15, 2017. Page 7of7 320 EXHIBIT "R" CONSTITUTIONAL PROHIBITION Page 1 of 2 In accordance with First Amendment Church/State Principles, as a general rule, CDBG/ESG assistance may not be used for religious activities or provided to primarily religious entities for any activities, including secular activities. The following restrictions and limitations therefore apply to the use of CDBG/ESG funds. (1) CDBG/ESG funds may not be used for the acquisition of property or the construction or rehabilitation (including historic preservation and removal of architectural barriers) of structures to be used for religious purposes or which will otherwise promote religious interests. This limitation includes the acquisition of property for ownership by primarily religious entities and the construction or rehabilitation (including historic preservation and removal of architectural barriers) of structures owned by such entities (except as permitted under paragraph (j) (2) of this section with respect to rehabilitation and under paragraph (j) (4) of this section with respect to repairs undertaken in connection with public services) regardless of the use to be made of the property or structure. Property owned by primarily religious entities may be acquired with CDBG/ESG funds at no more than fair market value for a non -religious use. (2) CDBG/ESG funds may be used to rehabilitate buildings owned by primarily religious entities to be used for a wholly secular purpose under the following conditions: (i) The building (or portion thereof) that is to be improved with the CDBG/ESG assistance has been leased to an existing or newly - established wholly secular entity (which may be an entity established by the religious entity); (ii) The CDBG/ESG assistance is provided to the lessee (and not the lessor) to make the improvements; (iii) The leased premises will be used exclusively for secular purposes available to persons regardless of religion; (iv) The lease payments do not exceed the fair market rent of the premises as they were before the improvements are made; (v) The portion of the cost of any improvements that also serve a non -leased part of the building will be allocated to and paid for by the lessor; (vi) The lessor enters into a binding agreement that unless the lessee, or a qualified successor lessee, retains the use of the leased premises for a wholly secular purpose for at least the useful life of the improvements, Lhe lessor will pay to the lessee an amount equal to the residual value of the improvements; 321 EXHIBIT "R" CONSTITUTIONAL PROHIBITION Page 2 of 2 (vii) The lessee must remit the amount received from the lessor under subparagraph (2)(vi) of this section to the recipient or subrecipient from which the CDBG/ESG funds were derived. The lessee can also enter into a management contract authorizing the lessor religious entity to use the building for its intended secular purpose, e.g., homeless shelter, provision of public services. In such case, the religious entity must agree in the management contract to carry out the secular purpose in a manner free form religious influences in accordance with the principles set forth in paragraph (j)(3) of this section. (3) As a general rule, CDBG/ESG funds may be used for eligible public services to be provided through a primarily religious entity, where the religious entity enters into an agreement with the recipient or subrecipient from which the CDBG/ESG funds are derived that, in connection with the provision of such services: (i) It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. (ii) It will not discriminate against any person applying for such public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion; (iii) It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of such public services; (iv) The portion of a facility used to provide the public services shall contain no religious symbols or decorations, other than those permanently affixed to or part of the structure. (4) Where the public services provided under paragraph (j)(3) of this section are carried out on property owned by the primarily religious entity, CDBG/ESG funds may also be used for minor repairs to such property which are directly related to carrying out the public services where the cost constitutes in dollar terms only an incidental portion of the CDBG/ESG expenditure for the public services. 322 EXHIBIT "S" Page 1 of 2 Economic Opportunities for Section 3 Residents and Section 3 Business Concerns Sec. 135.38 Section 3 clause. All section 3 covered contracts shall include the following clause (referred to as the section 3 clause): A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. 323 EXHIBIT V%S" Page 2 of 2 D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self - Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). 324 City of La Quint. SUCCESSOR AGENCY MEETING. August 2, 2016 STAFF REPORT AGENDA TITLE: APPROVE AMENDMENT FOUR TO AB 2766 MEMORANDUM OF UNDERSTANDING BETWEEN COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS AND MEMBER JURISDICTIONS TO PROVIDE SUSTAINABLE FUNDING OF THE REGIONAL PM10 STREET SWEEPING PROGRAM THROUGH JUNE 30, 2020 RECOMMENDATION Approve Amendment Four to AB 2766 Memorandum of Understanding between the Coachella Valley Association of Governments and the City of La Quinta to provide Regional PM10 Street Sweeping Program through June 30, 2020; and Authorize the City Manager to execute the amendment. EXECUTIVE SUMMARY • AB 2766 funds are provided to cities and the county by the South Coast Air Quality Management District (AQMD) from a $4 per vehicle surcharge on annual DMV registration fees that must be used to reduce air pollution from motor vehicles. • Coachella Valley Association of Governments (CVAG) is recommending that the cities' portion increase from 60% to 75% and the Memorandum of Understanding (MOU) time period increase from two years to four years through 2020. FISCAL IMPACT Increasing the City's share to 75% will not impact the General Fund. The City receives AB 2766 funds from the State; funds from local jurisdictions will generate approximately $78,000 in additional revenue for the PM10 Street Sweeping Program. BACKGROUND/ANALYSIS The CVAG Regional Street Sweeping program maintains all the major streets in the Coachella Valley at a low per mile cost due to economies of scale. CVAG utilizes three primary funding sources 1) Mobile Source Air Pollution Reduction Review Committee (MSRC) grant funding; 2) Colmac funding associated with mitigating air pollution impacts from a power plant; and 3) AB 2766 funds provided to cities and the county by the AQMD from a $4 per vehicle surcharge on annual DMV registration fees that must be used to reduce air pollution from motor vehicles. Over the past 10 years each City's contribution percentage has ranged from 33% to 100% due to increases/decreases to MSRC and Colmac funding or program costs. These changes cause the percentage of AB 2766 funds from the cities/county to be adjusted accordingly to maintain the program. The City receives AB 2766 funds directly from the 325 State and sends quarterly payments to CVAG. Remaining funds can only be utilized for other City air pollution prevention/mitigation projects such as purchasing alternative fuels/electric vehicles, pedestrian walkways, bikeways, public education outreach programs, and projects that will reduce mobile source emissions. CVAG is recommending that the cities' portion of AB 2766 funds increase from 60% to 75% and the MOU time period increase from two years to four years through 2020. The CVAG Energy and Environment, Technical Advisory and Executive Committees have reviewed and approved this recommendation. The recommendation is based on changes to MSRC funding. MSRC's annual Local Government Match Program has a separate category that supports the street sweeping program. The category initially established a targeted funding level of $250,000 to be awarded on a dollar for dollar basis annually. Beginning in 2014/15, this amount was reduced from $250,000 to $125,000 annually and appears to continue for 2016/17. There are no expected changes in Colmac funding, which is set by the County of Riverside at $150,000 through 2019/20. Additionally, the program costs are not expected to change very much or at all; however, an increase in the cities' share is required to maintain the current program scope. ALTERNATIVES The Council my elect not to approve Amendment Four to AB 2766 MOU. Prepared by: Gilbert Villalpando, Management Specialist Approved by: Frank J. Spevacek, City Manager Attachments: 1. Amendment Four to AB 2766 MOU 326 Attachment 1 AMENDMENTFOUR TO AB2766 MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS AND CVAG MEMBER JURISDICTIONS JULY 1, 2016 The AB2766 Memorandum of Understanding (MOU) is made and entered into by and between the Coachella Valley Association of Governments (CVAG) and the CVAG member jurisdictions. The parties acknowledge that this Amendment shall be for the period starting July 1, 2016 and shall bind the parties hereunder for the entire term of the four-year amendment; through June 30, 2020. The AB2766 MOU is hereby amended through this Amendment Four as follows: 1) At their June 27, 2016 meeting, the Executive Committee approved to increase CVAG's AB2766 formula to 75% to provide sustainable funding of the Regional PM10 Street Sweeping Program and related activities starting July 1, 2016 through June 30, 2020; 2) All other terms and conditions shall remain the same. COACHELLA VALLEY ASSOCIAJION OF GOVERNMENTS By: 6 �� � Title: Stanley E. Henry, CVAG Chair Date CITY (COUNTY) OF By: Title: Date: 327 328 BUSINESS SESSION ITEM NO. 1 City of La Quinta CITY COUNCIL MEETING* August 2, 2016 STAFF REPORT AGENDA TITLE. INTRODUCE ORDINANCE NO. 545 AMENDING SECTION 2.60.020 OF THE LA QUINTA MUNICIPAL CODE RELATING TO THE CONFLICT OF INTEREST CODE, AND APPROVE THE CALIFORNIA FAIR POLITICAL PRACTICES COMMISSION'S 2016 LOCAL AGENCY BIENNIAL NOTICE RECOMMENDATION A) Move to take up Ordinance No. 545 by title and number only and waive further reading. B) Move to introduce at first reading Ordinance No. 545 amending Section 2.60.020 of the La Quinta Municipal Code relating to the City's conflict of interest code. C) Move to approve and accept the California Fair Political Practices Commission's 2016 Local Agency Biennial Notice. EXECUTIVE SUMMARY • The Political Reform Act (PRA) requires every local government to review its Conflict of Interest Code (Code) biennially and submit the Local Agency Biennial Notice (Attachment 1) to the code reviewing body. The City Council is the code reviewing body for the City of La Quinta. • The purpose of the Code is to specifically designate positions that make or participate in the making of governmental decisions, which may foreseeably have a material effect on any financial interests of the persons holding those positions. • City officials in the positions designated on the attached ordinance must disclose their financial interests annually and refrain from participation in any decision(s) that may affect them financially. • The annual Statement of Economic Interest filings are the basis for the transparency that California's PRA requires of public officials. Statements of Economic Interest are public documents filed with the City Clerk. FISCAL IMPACT - None. BACKGROUND/ANALYS Public officials, both elected and appointed, are classified in one of two disclosure categories based on their level of influence on municipal financial decisions. Officials in the "full disclosure" category have substantial influence and must disclose all investments, business positions, and interests in real property, within thejurisdiction, held on the date of 329 assuming office and income received during the 12 months immediately preceding assuming office. Officials in the "limited disclosure" category have less influence on decisions. These positions must disclose personal economic interests held that could be significantly affected through the exercise of official duties, including investments, business positions, and income from sources located in or doing business in the City, interests in real property located in the City, and property located not more than two miles outside the boundary of the City or property located within two miles of any property owned or used by the City. Review of the positions, duties, and influence of public officials has resulted in the following recommended changes to Section 2.60.020 of the Municipal Code: Add the following as designated position for "limited disclosure" filing: • Animal Control / Code Compliance Supervisor • Business Analyst • Community Resources Manager • Construction Manager / Inspection Supervisor • Customer Service Center Manager • Director of Community Resources • Director of Design and Development • Director of Facilities • Human Resources Analyst • Public Safety Manager Delete the following titles; these positions were eliminated as a result of the March 2016 reorganization and the April 2016 Development Code Tune Up: • Assistant to City Manager • Director of Community Development • Director of Community Services • Director of Public Works / City Engineer • Golf and Parks Manager • Human Resources/Risk Manager • Members of the Historic Preservation Commission ALTERNATIVES The City Council may elect one of the following alternatives: (1) approve the proposed code as submitted, (2) revise the proposed code and approve it as revised, (3) return the proposed code for revision and resubmission within 60 days. Prepared by: Monika Radeva, Deputy City Clerk Approved by: Susan Maysels, City Clerk Attachment: 1. 2016 Local Agency Biennial Notice 330 ORDINANCE NO. 545 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTION 2.60.020 OF THE LA QUINTA MUNICIPAL CODE RELATING TO THE CITY'S CONFLICT OF INTEREST CODE WHEREAS, the Political Reform Act, Government Code Section 81000, et seq., requires state and local government agencies to adopt and promulgate conflict of interest codes; and WHEREAS, the Fair Political Practices Commission (FPPC) has adopted a regulation, 2 California Code of Regulations Section 18730, which contains the terms of a standard conflict of interest code which can be incorporated by reference; and WHEREAS, the City of La Quinta (City) has adopted by reference the FPPC's regulation as well as a list of designated employees as Chapter 2.60 of the La Quinta Municipal Code ("Code"); and WHEREAS, the City desires to make changes to the list of designated employees and disclosure categories to reflect the current classifications/positions within the City; and; WHEREAS, the place of filing of the Statements of Economic Interests shall be in accordance with Government Code Section 87500; and WHEREAS, Statements of Economic Interest are public documents available from the City Clerk of the City of La Quinta; and WHEREAS, the City believes these changes are in the best interests of the citizens of the City of La Quinta. NOW THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. AMENDMENT OF CHAPTER 2.60: Section 2.60.020 of the La Quinta Municipal Code is amended to read as follows: 2.60.020 DESIGNATED POSITIONS, DISCLOSURE CATEGORIES A. Full disclosure on Form 700, Statement of Economic Interest, shall be required from the following positions pursuant to Government Code Section 87200: DESIGNATED POSITIONS City Attorney Assistant and/or Deputy City Attorney(s) City Manager 331 Ordinance No. 545 Amending Section 2.60.020 of the La Quinta Municipal Code Conflict of Interest Code Adopted: Page 2 of 4 Assistant and/or Deputy City Manager(s) Finance Director / City Treasurer Mayor Members of the City Council/Financing Authority/Housing Authority Members of the Oversight Board to the Successor Agency Members of the Planning Commission Members of the Successor Agency to the Dissolved Redevelopment Agency Candidates for any of the positions above B. Limited disclosure on Form 700, Statement of Economic Interest, shall be required from the following officeholders pursuant to Government Code Section 87302: DESIGNATED POSITIONS Accounting Manager Animal Control / Code Compliance Supervisor Building Official Business Analyst City Clerk Community Resources Manager Construction Manager / Inspections Supervisor Customer Service Center Manager Director of Community Resources Director of Design and Development Director of Facilities Human Resources Analyst Maintenance Manager Management Analyst Members of the Community Services Commission Members of the Housing Commission Members of the Investment Advisory Board Planning Manager Principal Engineer Principal Planner Public Safety Manager C. Limited disclosure on Form 700, Statement of Economic Interest, shall be required from the following positions pursuant to Government Code Section 82019(a) and FPPC Regulation 18701, except that the city manager may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of the disclosure requirements. The city manager's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. 332 Ordinance No. 545 Amending Section 2.60.020 of the La Quinto Municipal Code Conflict of Interest Code Adopted: Page 3 of 4 DESIGNATED POSITIONS Consultants D. Definitions of Disclosure Categories 1. Full Disclosure - All investments, business positions, and interests in real property within the jurisdiction, held on the date of assuming office and income received during the 12 months immediately preceding assuming office. In accordance with Government Code Section 87500, filers shall submit one original to the City Clerk who shall make and retain a copy and forward the original to the FPPC which shall be the filing officer. 2. Limited Disclosure - Personal economic interests held that could be significantly affected through the exercise of official duties including investments, business positions, and income from sources located in or doing business in the city and any interests in real property located in the city, property located not more than two miles outside the boundary of the city or property located within two -miles of any property owned or used by the city. In accordance with Government Code Section 87500, filers shall submit one original to the City Clerk who shall be the filing officer on behalf of the City of La Quinta, which shall be the code reviewing body. SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty days (30) days after its adoption. 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 this day of September 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: LINDA EVANS, Mayor City of La Quinta, California 333 Ordinance No. 545 Amending Section 2.60.020 of the La Quinta Municipal Code Conflict of Interest Code Adopted: Page 4 of 4 ATTEST: SUSAN MAYSELS, City Clerk City of La Quinta, California (City Sea[) APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 334 2016 Local Agency Biennial Notice Name of Agency: CITY OF LA QUINTA Mailing Address: 78-495 CALLE TAMPICO, LA QUINTA, CA 92253 Contact Person: SUSAN MAYSELS Phone No. (760) 777 - 7123 Email: SMAYSELS@LA-QUINTA.ORG Alternate Email: Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency's code includes disclosure by those agency officials who make or participate in making governmental decisions. This agency has reviewed its conflict of interest code and has determined that (check one BOX): ❑ An amendment is required. The following amendments are necessary: (Check all that apply.) • Include new positions O Revise disclosure categories Revise the titles of existing positions ® Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions O Other (describe) ❑ The code is currently under review by the code reviewing body. ❑ No amendment is required. (If your code is over five years old, amendments may be necessary.) Verification (to be completed if no amendment is required) This agency's code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302. Signature of Chief Executive Officer Date All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 3, 2016, or by the date specified by your agency, if earlier, to: (PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE) PLEASE DO NOT RETURN THIS FORM TO THE FPPC. www.fppc.ca.gov FPPC Advice: advice fppc.ca.gov (866.275.3772) 335 FAIR POLITICAL PRACTICES COMMISSION 2016 Conflict of Interest Code Biennial Notice Instructions for Local Agencies The Political Reform Act requires every local government agency to review its conflict of interest code biennially. A conflict of interest code tells public officials, governmental employees, and consultants what financial interests they must disclose on their Statement of Economic Interests (Form 700). The City Council is the code reviewing body for city agencies. The County Board of Supervisors is the code reviewing body for county agencies and any other local government agency whose jurisdiction is determined to be solely within the county (e.g., school districts, including certain charter schools). The FPPC is the code reviewing body for any agency with jurisdiction in more than one county and will contact them. July 1, 2016: The code reviewing body must notify agencies and special districts within its jurisdiction to review their conflict of interest codes. October 3, 2016: The biennial notice must be filed with the agency's code reviewing body. We prepared a 2016 Local Agency Biennial Notice form for local agencies to use. The Local Agency Biennial Notice is not forwarded to the FPPC. If amendments to an agency's conflict of interest code are necessary, the amended code must be forwarded to the code reviewing body for approval within 90 days. An agency's amended code is not effective until it has been approved by the code reviewing body. If you answer yes, to any of the questions below, your agency's code probably needs to be amended. • Is the current code more than five years old? • Have there been any substantial changes to the agency's organizational structure since the last code was approved? • Have any positions been eliminated or re -named since the last code was approved? • Have any new positions been added since the last code was approved? • Have there been any substantial changes in duties or responsibilities for any positions since the last code was approved? If you have any questions, or you are still not sure if you should amend your agency's conflict of interest code, please contact the FPPC. Attend a Workshop or Webinar Schedules and information about seminars and webinars are available at www.fppc.ca.pov. www.fppc.ca.gov FPPC Advice: advice fppc.ca.gov (866.275.3772) Page 1 of 1 336 ORDINANCE NO. 545 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTION 2.60.020 OF THE LA QUINTA MUNICIPAL CODE RELATING TO THE CITY'S CONFLICT OF INTEREST CODE WHEREAS, the Political Reform Act, Government Code Section 81000, et seq., requires state and local government agencies to adopt and promulgate conflict of interest codes; and WHEREAS, the Fair Political Practices Commission (FPPC) has adopted a regulation, 2 California Code of Regulations Section 18730, which contains the terms of a standard conflict of interest code which can be incorporated by reference; and WHEREAS, the City of La Quinta (City) has adopted by reference the FPPC's regulation as well as a list of designated employees as Chapter 2.60 of the La Quinta Municipal Code ("Code"); and WHEREAS, the City desires to make changes to the list of designated employees and disclosure categories to reflect the current classifications/positions within the City; and; WHEREAS, the place of filing of the Statements of Economic Interests shall be in accordance with Government Code Section 87500; and WHEREAS, Statements of Economic Interest are public documents available from the City Clerk of the City of La Quinta; and WHEREAS, the City believes these changes are in the best interests of the citizens of the City of La Quinta. NOW THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. AMENDMENT OF CHAPTER 2.60: Section 2.60.020 of the La Quinta Municipal Code is amended to read as follows: 2.60.020 DESIGNATED POSITIONS, DISCLOSURE CATEGORIES A. Full disclosure on Form 700, Statement of Economic Interest, shall be required from the following positions pursuant to Government Code Section 87200: DESIGNATED POSITIONS City Attorney Assistant and/or Deputy City Attorney(s) Ordinance No. 545 Amending Section 2.60.020 of the La Quinta Municipal Code Conflict of Interest Code Adopted: Page 2 of 4 City Manager Assistant and/or Deputy City Manager(s) Finance Director / City Treasurer Mayor Members of the City Council/Financing Authority/Housing Authority Members of the Oversight Board to the Successor Agency Members of the Planning Commission Members of the Successor Agency to the Dissolved Redevelopment Agency Candidates for any of the positions above B. Limited disclosure on Form 700, Statement of Economic Interest, shall be required from the following officeholders pursuant to Government Code Section 87302: DESIGNATED POSITIONS Accounting Manager Animal Control / Code Compliance Supervisor Building Official Business Analyst City Clerk Community Resources Manager Construction Manager / Inspections Supervisor Customer Service Center Manager Director of Community Resources Director of Design and Development Director of Facilities Human Resources Analyst Maintenance Manager Management Analyst Members of the Community Services Commission Members of the Housing Commission Members of the Investment Advisory Board Planning Manager Principal Engineer Principal Planner Public Safety Manager LimitedC. disclosure on • 11 Statement of • •mic Interest, shall be required from • • . positions pursuantto Government Code Section 82019(a)• • FPPC Regulation 18700.31, exGept that the City FAGRGger FRGY determine in M.fritiRg thGt G duties thGt■• • Scepe ■d ■ net .•te fully C-emply disclosure require meRts described OR this section. Such writteR deterMiRatieR shall 0 0 ••of the•• O• 0 bGsed61peR thGt0- • Ordinance No. 545 Amending Section 2.60.020 of the La Quinta Municipal Code Conflict of Interest Code Adopted: Page 3 of 4 DESIGNATED POSITIONS Consultants D. Definitions of Disclosure Categories: 1. Full Disclosure - All investments, business positions, and interests in real property within the jurisdiction, held on the date of assuming office and income received during the 12 months immediately preceding assuming office. In accordance with Government Code Section 87500, filers shall submit one original to the City Clerk who shall make and retain a copy and forward the original to the FPPC which shall be the filing officer. 2. Limited Disclosure - Personal economic interests held that could be significantly affected through the exercise of official duties including investments, business positions, and income from sources located in or doing business in the city and any interests in real property located in the city, property located not more than two miles outside the boundary of the city or property located within two -miles of any property owned or used by the city. In accordance with Government Code Section 87500, filers shall submit one original to the City Clerk who shall be the filing officer on behalf of the City of La Quinta, which shall be the code reviewing body. SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty days (30) days after its adoption. 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 this day of September 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ordinance No. 545 Amending Section 2.60.020 of the La Quinta Municipal Code Conflict of Interest Code Adopted: Page 4 of 4 LINDA EVANS, Mayor City of La Quinta, California ATTEST: SUSAN MAYSELS, City Clerk City of La Quinta, California (City Sea[) APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California City of La Quinta CITY COUNCIL MEETING: August 2, 2016 STAFF REPORT AGENDA TITLE- AWARD CONTRACT FOR CONSTRUCTION OF PAVEMENT MANAGEMENT PLAN IMPROVEMENTS ON AVENIDA BERMUDAS AND EISENHOWER DRIVE RKOMMENDATION Award a contract to the lowest responsible and responsive bidder to construct the Pavement Management Plan Improvements on Avenida Bermudas and Eisenhower Drive. EXECUTIVE SUMMARY • The improvements include: 1) slurry sealing and re -striping over 830,000 square feet of Avenida Bermudas from Calle Tampico to Calle Tecate to create a "road diet" by narrowing travel lanes and adding a bicycle/golf cart lane; and 2) grinding and overlaying northbound Eisenhower Drive, between Coachella Drive and Avenida Fernando, following the recently completed subgrade stabilization project. • Bids will be opened August 1, 2016. Staff will provide bid results and recommend a contractor for award with a supplemental agenda report on August 2, 2016. FISCAL IMPACT The 2016/17 Capital Improvement Program includes $1,000,000 of General Fund revenue plus $518,000 of carryover. Considering costs to date and the final engineer's construction estimate of $420,000, the following is the adjusted budget: Project Total Phase 1 Professional: $ 75,795 $ 15,000 Design: $ 104,545 $ 25,000 Inspection/Testing/Survey: $ 101,932 $ 36,500 Construction: $1,045,455 $420,000 City Administration: $ 52,273 $ 18,750 Contingency: $ 138,000 $ 51,000 Total Budget: $1518,000 $5667250 1ACKGROUND/ANALYSIS As part of the Pavement Management Plan update, on June 7, 2016, Council approved further reducing the width of the vehicle lanes on Avenida Bermudas to reduce speeds 337 and improve safety for motorists, bicyclists and golf carts. Previously this strategy proved successful when only the outside lanes on Avenida Bermudas were narrowed resulting in a 5 mph lowering of the posted speed. Similarly, once the street is re - striped staff will conduct a speed study to determine if the speed can be lowered further. With the recent completion of a subgrade stabilization project, staff has determined that northbound Eisenhower Drive, between Avenida Fernando and Coachella Drive, requires grind and overlay, which is more substantial than the slurry seal option originally proposed. The engineer's cost estimate has been updated accordingly. To reduce motorist impacts, staff is requesting that Council award the project before their summer recess. The following is the proposed project schedule: Council Considers Project Award Execute Contract and Mobilize Construction (30 Working Days) Accept Improvements ALTERNATIVES August 2, 2016 August 3 to August 29, 2016 August/September 2016 October 2016 Since this work is best done during the summer months when there is less disruption to motorists and residents, staff does not recommend an alternative. Prepared by: Ed Wimmer, P.E., Principal Engineer Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer Attachment: 1. Vicinity Map 338 ATTACHMENT 1 Vicinity Map PROJECT LOCATION IW) WAY, SAN TIMOTEOST Q Ir 01 00JA AV z ENIDA F;f' RHOON SAGEBRUSH Ay' SAGUARO RD ly� I u Z�l L.IARBOLft AVENUE 50 LLE NaRTE I. 4�A Sp TL AN t3RIARW4OD STONEGATE IZ Pj,,,S OF, '70YOTr CRf-FK MANnARINA 0 PROJECT LOCATION 0 ,,At WAY 0 3FRINGI 0 a r z d. CALLE TAMPICO 0O c c PFNA X. AV, 0 PA F,ONDA LIMA AVENIDA NU ES TRA —CITRU Lu x 7EACoN D I=L I z z CALLE ENSENADA CALL17 NOGALrS 0, Ll x CALLEARROBA CALLE CHLI.I, ON x. 0 CALLE MADRID Om z 0 2 CALLE TEMECOLA 4 0 LAQUWA z CALLE POTRERO '4 CALLE TLCATE Z S[7 DR 339 340 City of La Quinta CITY COUNCIL MEETING: August 2, 2016 STAFF REPORT AGENDA TITLE: AWARD CONTRACT TO ALL AMERICAN ASPHALT FOR CONSTRUCTION OF THE PAVEMENT MANAGEMENT PLAN IMPROVEMENTS ON AVENIDA BERMUDAS AND EISENHOWER DRIVE AND DIRECT STAFF TO CONSTRUCT AN ON -STREET BICYCLE LANE ON EISENHOWER DRIVE RECOMMENDATION Award contract to All American Asphalt in the amount of $401,830 to construct the Pavement Management Plan Improvements on Avenida Bermudas and Eisenhower Drive. Direct staff to construct an on -street bicycle lane on Eisenhower Drive between Washington Street and Avenida Fernando. EXECUTIVE SUMMARY This is a supplemental agenda report. • All American Asphalt of Corona, California, submitted the lowest responsive bid at $401,830. • The General Plan calls for an off-street bicycle facility in this segment. Staff recommends altering the existing striping on Eisenhower Drive between Washington Street and Avenida Fernando to provide a striped bicycle lane. FISCAL IMPACT The FY 2016/17 Capital Improvement Program includes $1,000,000 of General Fund revenue plus $518,000 of carryover. Considering project costs to date and the construction bid of $401,830, the following is the adjusted budget: Project Total Phase 1 Professional: $ 75,795 $ 15,000 Design: $ 104,545 $ 25,000 Inspection/Testing/Survey: $ 101,932 $ 40,000 Construction: $1,045,455 $401,830 City Administration: $ 52,273 $ 18,750 Contingency: $ 138,000 $ 41,000 Total Budget: $1,518,000 $541,580 Staff anticipates the Coachella Valley Water District utility adjust reimbursement for the amount of $8,800. BACKGROUND/ANALYSIS Improvements include: 1) slurry sealing and re -striping over 540,000 square feet of Avenida Bermudas from Calle Tampico to Calle Tecate to create a "road diet" by narrowing travel lanes and adding a bicycle/golf cart lane; 2) grinding and overlaying northbound Eisenhower Drive between Coachella Drive and Avenida Fernando following the recently completed subgrade stabilization project; and 3) slurry sealing over 280,000 square feet of Eisenhower Drive from Washington Street to Avenida Fernando. After the project was advertised, staff received a citizen request to stripe a bike lane on Eisenhower Drive between Washington Street and Avenida Fernando during the slurry seal operation. The City Traffic Engineer has concluded that a Class 2 facility, striped bike lane, can be accommodated. The General Plan specifies this corridor as a Class 3 facility, non -striped shared facility (Attachment 1). Staff proposes to change this corridor to a Class 2 facility by striping a bike lane. This will result in a change order from the Contractor which can be covered within the overall project budget. On June 21, 2016, Council authorized staff to advertise the project for construction bids. The City received three bids on August 1, 2016 (Attachment 2). The following is the proposed project schedule: Council Considers Project Award Execute Contract and Mobilize Construction (30 Working Days) Accept Improvements ALTFr"" "_,', August 2, 2016 August 3 to August 29, 2016 August/October 2016 October 2016 Since this work is best done during the summer months when there is less disruption to motorists and residents, staff does not recommend an alternative to awarding the contract. Council may direct staff to not stripe new bike lanes on Eisenhower Drive. Staff does not recommend this alternative. Prepared by: Ed Wimmer, P.E., Principal Engineer Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer Attachments: 1. Bike Paths Master Plan 2. Bid Comparison Summary ATTACHMENT PAVEMENT MANAGEMENT PLAN, FISCAL YEAR 2016/17 PHASE 1, EISENHOWER DRIVE AND AVENIDA BERMUDAS SLURRY SEAL AND STRIPING IMPROVEMENTS 2012-07D BID OPENING: AUGUST 1, 2016 Engineers Estimate Item No. Description QTY Unit Unit Price Extended Price 1 Mobilization 1 LS $ 35,000.00 $ 35,000.00 2 Traffic Control 1 LS $ 40,000.00 $ 40,000.00 3 Type II, Latex Emulsion Aggregate Slurry 870,000 SF $ 0.20 $ 174,000.00 4 Signing, Pavement Striping and Markings, Including All Incidentals (S) 1 LS $ 115,000.00 $ 115,000.00 5 2" Coldmill and 2" Min Variable Overlay 43,000 SF $ 1.15 $ 49,450.00 SUBTOTAL BID ITEMS 1-5: $ 413,450.00 Additive Alternate No. 1 PIMP - Phase 1 Item No. Description QTY Unit Unit Price Extended Price 1 Lower CVWD Manhole for Construction 4 EA $ 500.00 $ 2,000.00 2 Adjust CVWD Manhole to Grade 4 EA $ 1,000.00 $ 4,000.00 SUBTOTAL ADDITIVE ALTERNATE 1: $ 6,000.00 TOTAL BID ITEMS & ADD. ALT. 1 $ 419,450.00 Note: Denotes Calculation Error 8/1 /2016 All American Asphalt Unit Price Extended Price $ 12,250.00 $ 12,250.00 $ 16,800.00 $ 16,800.00 $ 0.20 $ 174,000.00 $ 110,000.00 $ 110,000.00 $ 1.86 $ 79,980.00 $ 393,030.00 Unit Price Extended Price $ 1,100.00 $ 4,400.00 $ 1,100.00 $ 4,400.00 $ 8,800.00 $ 401,830.00 Pavement Coatings Co. Unit Price Extended Price $ 17,000.00 $ 17,000.00 $ 14,000.00 $ 14,000.00 $ 0.21 $ 182,700.00 $ 110,000.00 $ 110,000.00 $ 1.76 $ 75,680.00 $ 399,380.00 Unit Price Extended Price $ 1,100.00 $ 4,400.00 $ 1,100.00 $ 4,400.00 $ 8,800.00 $ 408,180.00 American Asphalt South, Inc. Unit Price Extended Price $ 15,000.00 $ 15,000.00 $ 24,000.00 $ 24,000.00 $ 0.20 $ 174,000.00 $ 112,000.00 $ 112,000.00 $ 1.76 $ 75,680.00 $ 400,680.00 Unit Price Extended Price $ 1,650.00 $ 6,600.00 $ 1,650.00 $ 6,600.00 $ 13,200.00 $ 413,880.00 Page 1 of 1 M z N City of La Q u i n to STUDY SESSION ITEM NO.1 CITY COUNCIL MEETING: August 2, 2016 STAFF REPORT AGENDA TITLE: DISCUSS RE -JOINING THE COACHELLA VALLEY ECONOMIC PARTNERSHIP RECOMMENDATION Provide direction. EXECUTIVE SUMMARY On July 8, 2016, Joe Walsh transmitted correspondence inviting the City to re -join the Coachella Valley Economic Partnership (CVEP). The City was last a member during 2014/15; the Council elected to not continue membership and instead pursue organizations that focused on the east Coachella Valley. FISCAL IMPAC"' The annual investment would be $10,000. Funds are available in the Contingency - Art Event, account 101-3001-60512. BACKGROUND/ANALYSIS The Coachella Valley Economic Partnership (CVEP) is comprised of private and public sector representatives who collaborate on workforce and business development. Seven of the nine Valley cities are CVEP members and the City of La Quinta was a member until June 2015. The City Council elected to not continue with CVEP and instead explore associations that focused on the east Coachella Valley. In 2015, the Cityjoined the East Valley Coalition (EVC) for two years at a cost of $10,000 per year. Attachment 1 presents correspondence from Joe Wallace, CEO and Chief Innovation Officer requesting that the City re join CVEP. The minimum annual investment is $10,000 and this affords the opportunity for a City representative to join the CVEP Board of Directors. Staff is seeking direction regarding CVEP membership. ALTERNATIVES Elect to not join CVEP or seek greater involvement and City investment in CVEP activities. Prepared by: Gilbert Villalpando, Management Specialist Approved by: Frank J. Spevacek, City Manager Attachment: 1. July 8, 2016 Letter from Joe Wallace to Mayor Evans 341 342 COACHELLA VALLEY ECONOMIC PARTMEnSHIR GQe July 8, 2016 To: Mayor Linda Evans From: Joe J. Wallace, CEO and Chief Innovation Officer, CVEP Re: Funding Request for FY 2016-2017 Dear Mayor Evans: Let me first formally congratulate you on a job well done during the last several years in guiding the City of La Quinta through the post RDA challenges. Believe me, having gone through a similar experience with CVEP, I understand and appreciate the work associated with navigating through a challenging situation. CVEP and the City of La Quinta have historically enjoyed a long and mutually beneficial relationship. The CViHub brought me to this beautiful region and I am now honored to have been chosen to lead CVEP into the future. I am thankful every day for that opportunity. The City of La Quinta has invested in CVEP over a number of years prior to last year and I thank you on behalf of CVEP for that support. The purpose of this letter is to invite the City of La Quinta to re -join on the CVEP Board of Directors with a minimum annual investment of $10,000 as required by our by-laws for board membership. As CVEP resurrects business attraction as a core mission, it is important to maintain or even grow the investment levels of our public partnerships. Business attraction efforts are particularly sensitive to being seen as a cooperative economic region with a focus on a prosperous future. Seven of the nine cities of the Coachella Valley have already made commitments to join the CVEP Board of Directors for the coming year. La Quinta and Coachella have not yet made decisions. Coachella has indicated that they will follow La Quinta's lead with respect to re -joining the CVEP Board of Directors. Serving on the CVEP Board of Directors will provide a forum through which we can openly communicate about what we can do to best serve your interests. I have provided a benefit summary for the tangible and intangible 'benefits that the City of La Quinta residents and businesses received as a result of CVEP activities in FY 2015-2016 for your reference. I thank you for the opportunity to make this request and look forward to a long and prosperous relationship. I am always available to meet with the leadership of La Quinta, to enhance the efficacy of the partnership between CVEP and the City of La Quinta. Best regards, Jae J.-WaCCace Joe J. Wallace, CEO and Chief Innovation Officer 3111 EAST TAHQUITZ CANYON WAY • PALM SPRINGS, CALIFORNIA 92262 • PH: 760.340.1575 • FX: 760 548 0370 • WWW.CVEP.CO&i 343 344 Coachella Valley Economic Partnership Benefit Summary for City of La Quinta From CVEP Activities during FY 2015-2016 During FY 2015-2016 Measurable Benefits: • $102,500 in scholarships to La Quinta based students • Assisted 7 La Quinta based business in Business Development Group (value $21,000) • 498 La Quinta residents attended CVEP hosting training sessions (value $9,960) • Provided 133 direct consulting hours to La Quinta businesses (cost was $7,315) Total Measurable Financial Benefit to City of La Quinta in FY 2015-2016 $140,775 Jules Market is one of the La Quinta businesses that came to CVEP for financial and operations advice during the last fiscal year. That relationship continues. Intangible Benefits from CVEP Operations • Business Attraction Efforts a American Airlines SkyVision Ads: Summer 2016 o Business 360 Interview: Fox Business News o Attendance at various specialized trade meetings ® Newsletter o Economic Summit • Support of General Commerce • Investment Opportunities available for Accredited Investors o PS Talent royalty agreements returned 37% in one year n EV Enterprises short term notes returned from 10% to 160% (various transactions) a 5olaris went public via a reverse merger o Indy Power Systems ROI based on most recent private trades: 404% (company private with investment options available to accredited investors 345 La Quinta Partnerships 1. East Valley Coalition: CVEP serves on the Board of Directors of the East Valley Coalition that is charged with facilitating retail development in the cities of La Quinta, Indio, and Coachella. Robert Wright, the Executive Director operates out of CVEP's Indio office. 2. Accion: San Diego based micro lender has chosen to locate in CVEP's Rabobank Business Center and is eager to work with La Quinta based companies that are seeking relatively small loans. Accion is not hung up on time in business, professionally written business plans, or FICO scores. 3. Legislative Committees: CVEP works with the legislative committees of all of the Chambers of Commerce to support legislation that is deemed to be of value to the entire Coachella Valley 4. Water Districts & Homeowner's Associations: The Mission Springs Water District has served and continues to serve asthe proving ground for SecoSys' Hydrometer. The early implementation of this device will literally put the Coachella Valley at the leading edge of a revolutionary water conservation device and garner much positive publicity locally and at the state level. S. CVAG: CVEP is poised to work with CVAG on projects that improve the transportation infrastructure of the Coachella Valley. 6. Greater Palm Springs Convention and Visitors Bureau: CVEP partners with the CVB to conduct analysis and promote events all over the Coachella Valley that provide significant economic impact to the region. CVEP is the only regional economic development agency in the Coachella Valley. We operate programs in business incubation and acceleration, business retention and expansion, workforce development, and provide over $1M per year in scholarships to local student in need. We also spend much effort on attracting early stage businesses from other places. Since the Accelerator Campus opened CVEP has attracted 8 businesses from outside the Coachella Valley. 346 lit s Market 78-130 Calle Tampico Tel 7601777-9000 jmruUifm,@jules3narketcom mrnvMPsmnarket[om 07,'07,'2016 Council Members for City of La Quiuta 7S-495 Calle Tampico La Quinta, CA 92-133 Dear esteemed council member- - I am writing you today in support of Coachella Vane}; Economic Partnership (CVEI'), Last year when I moved to La QuMta with the dream of opening Jule's Market I had a good idea of what I wanted but was unclear on what steps needed to be taken to get there. In researthnng ,'mall business start-up I found CI P and scheduled a meeting. They provided a lot of great information in a way that was easy to understand and to take action on_ In addition to access to information, they offered business plan review and adt*ice on how best to be successful. I found C%EP to be very helpful in getting June's Market off the ground. Beyond the business counselling though. CTP hosts monthly Fireside Chats. meetings that address. important business topics_ I have learned a lot over the last year of attendin? those Fireside Chats in topics as important as social media marketing. the art of negotiation- Sur vm2 the summer slowdown and many more. The informatiom and even more importantly. the networking opportunities_ have been very; beneficial to Jule's Market. My favorite part about CVEP, even more than the quality information they; present, is the professionalism and empathy that has been shown by everyone in the organization I have interacted with. They have treated my questions and issues as important. and made me feel as if they were invested in Jules Marl-ef s success- I urge you to consider mvesting in CVEP, it's an investment in the economic growth and development of La Quinta. SincerelT; . Jeremy lvt Cullifer CEO 347 348 City of La Quinto CITY COUNCIL MEETING August 2, 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 Adopt a Resolution amending Resolution Nos. 2014-041 and 2014-065 to update the City's current user and regulatory fee schedule based on the 2016 User and Regulatory Fee Study. EXECUTIVE SUMMARY • On July 15, 2014, the Council approved a new user and regulatory fee schedule; 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 recommended that the City achieve full cost recovery for all development -related services. • ClearSource Financial Consulting (ClearSource) was retained to update the City's fee schedule; ClearSource prepared the User and Regulatory Fee Study (Study) (Attachment 4). FISCAL IMPACT If adopted as recommended, the new fees schedule would generate approximately $493,000 annually. The table below outlines the anticipated annual revenue by category. F Fee Type I Annual Revenue Impact of Recommendec Short -Term Vacation Rental Permit Fees $178,000 Planning Fees $96,000 $50,000 Building Fees $30,000 Public Works Fees NPDES Annual Inspection Fees $16,000 Police Vehicle Impound Fee $5,000 General Plan Surcharge $89,000 Technology Enhancement Surcharge $29,000 Total $493,000 349 BACKGROUND/ANALYSIS The City provides services to ensure safe, orderly, and aesthetically pleasing development and construction. These services include, but are not limited to, project entitlement review, improvement plan check, map check, permits (building, grading, encroachment and driveway), and land action review (i.e. dedications, parcel mergers, and lot line adjustments). The City may recoup a portion or all of the cost of providing these services from user and regulatory fees; currently, these fees account for approximately 6% of all General Fund revenue. The Study: • Identified the full cost of providing development services; • Calculated fully -burdened hourly rates for fee -related service providers; • Determined current cost recovery levels at the departmental and individual permit or service fee level; • Examined existing fee calculation methodologies and modified them, if necessary, to more closely align their calculation methodology to the service costs; • Assigned targeted fee and cost recovery levels for each service examined; • Compared current and proposed fees to those imposed by neighboring communities; • Estimated anticipated revenue impacts of proposed fees; • Delivered an updated schedule of fees. On June 1, 2016, staff provided notification in accordance with Government Code Section 66016 to the Gas Company, Desert Valley Builders Association (DVBA), and Building Industry Association of Southern California, Riverside County Chapter (BIA) in advance of a June 21, 2016 study session and a July 19, 2016 public hearing. The DVBA contacted staff on July 5, 2015 and requested an extension. The Council opened the July 19 public hearing and continued the matter to August 2, 2016. Staff received comments on the Study from the DVBA via letters dated July 11, 2016 (Attachment 1) and July 28, 2016 (Attachment 2). A letter was also received from the BIA dated July 13, 2016 (Attachment 3). KEY FINDINGS The City uses a uniform hourly rate to set all fees. The uniform rate is tied to the Building Division's calculated rate, currently $145 per hour. Since 2014, the hourly rate has increased by 5%. The increase is driven by labor, contract services and supplies costs. The chart below illustrates the relationship between the various disciplines and the uniform hourly rate. Planning $145 $197 74% Public Works $145 $169 86% Building $145 $152 95% Based on feedback from the June 21 study session and from stakeholders, the Study recommends that the City continue to set development related fees using a uniform hourly rate of $152, with a goal of moving toward full cost recovery for Public Works and Planning fees in 2017/18. These changes result in the following cost recovery ratios: 350 Est. Fee Revenue Change Est. Cost Recovery Short -Term Vacation Rental Permit Fee The City regulates short-term rentals of privately owned residential properties. A transient occupancy tax is charged when these units are rented. The City also charges a fee to administer the program, currently set at $25 per residence per year. The chart below shows potential revenue for implementing full cost recovery for program administration. In addition, a technology enhancement fee is being proposed (see Technology Enhancement Fee below). STVR Permit Fee Technology Fee 1,100 1,100 $25 $0 $187 $4 100% 100% $178,000 $4,000 Total 1,100 $25 $191 100'% $182,000 Annual NPDES Inspection Fee In compliance with the Federal Water Pollution Control Act of 1972 ("Clean Water Act") mandates, the City oversees regulation and inspection of pollutant discharge of businesses throughout the City. The City retains a contract service provider to conduct ongoing inspections. The proposed fees are intended to recover the contract service costs and the minimal internal costs required to administer the contract. The City does not currently collect fees for these services. Food Service 124 $0 $44 100% $5,444 Haz Materials — 3 Yr 87 $0 $93 100% $8,077 Haz Materials — 1 Yr 10 $0 $246 100% $2,455 Total 221 $15,977 Vehicle Impound Cost Recovery Fee In November 2014, the City adopted the current Vehicle Impound Cost Recovery Fee (VICR) to offset administrative costs associated with law enforcement's role in impounding abandoned vehicles. The fee is currently set at $195 and the Study recommends increasing this fee to $208. This increase would align the fee with the hourly rates for Riverside County Sheriff's personnel contracted by the City to provide these services. General Plan/Lone-Range Planning Maintenance Fee(Surcharc e) This fee would be applied to building permits in the amount of $1.87 per $1,000 of new construction valuation. This revenue would be applied to updating and maintaining the City's General Plan and/or specific plans. The fee would generate about $89,000 per year. 351 Technology Enhancement Fee (Surcharge) The Study recommends levying a surcharge on all development permit and short-term vacation rental permit fees of 2% or $5, whichever is less. The purpose is to recover some of the cost to maintain and upgrade the City's hardware, software, and/or services that support the development and vacation rental communities. The fee is anticipated to generate $25,000 per year. ALTERNATIVES Alternatives to the recommended action include not adjusting current fees or adopting a lower fee schedule. These alternatives would reduce the amount of fee income received to cover the cost of providing these services. A greater share of other General Fund revenue (tax revenue) would continue to be needed to underwrite these service costs. Prepared by: Gilbert Villalpando, Management Specialist Approved by: Frank Spevacek, City Manager Attachments: 1. DVBA Comment Letter dated July 11, 2016 2. DVBA Comment Letter dated July 28, 2016 3. BIA Comment Letter dated July 13, 2016 4. City of La Quinta - User and Regulatory Fee Study - Draft - June 2016 352 RESOLUTION NO. 2016 - XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING A REVISED SCHEDULE OF VARIOUS USER AND REGULATORY FEES WHEREAS, this action is exempt under California Environmental Quality Act (CEQA), Article 18, Statutory Exemptions, Section 15273 (a) Rates Tolls Fares and Charges and; WHEREAS, this hearing to set fees was duly noticed pursuant to Government Code Section 66016, Local agency fees; new fees and increases; procedures. WHEREAS, the City commissioned ClearSource Financial Consulting to prepare the User and Regulatory Fee Study presented in the staff report, incorporated herein, and available for public review. WHEREAS, the City Council hereby finds that the study provides adequate evidence to conclude that the amount of the fees is less than the cost to provide the service. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. Each WHEREAS paragraph, set forth above, is hereby adopted as a specific finding of this City Council. SECTION 2. Resolution Nos. 2014-041 and 2014-065 are hereby amended and revised fees as shown on the attached Exhibit "A" are hereby adopted. SECTION 3. This Resolution shall become effective August 2, 2016. The fees imposed by this Resolution shall go into effect 60 days following the effective date of this Resolution. PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta City Council held on this 2nd day of August 2016 by the following vote: AYES: NOES: ABSTAIN: ABSENT: 353 Resolution No. 2016-XXX User and Regulatory Fees Adopted: August 2, 2016 Page 2 of 2 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. IRHKE, City Attorney City of La Quinta, California 354 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 355 i 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 356 2 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. 357 3 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 $88.67 358 4 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] 359 5 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. 360 6 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 361 7 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 18931.6 362 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 [a] 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. 364 10 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 365 11 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 366 12 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 $2,736 367 13 Master Fee Schedule Schedule of Public Works Fees Fee Description Fee U Notes 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 e) Bid Protest Review $685 per request 12 Reactivation of Permit a) Reactivation of an Expired Permit $456 each 368 14 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. 369 15 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 370 16 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 371 17 Master Fee Schedule 372 18 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 1.8% % 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). 373 19 374 2016 BOARD OF DIRECTONS %bA PRESIDE 11 Bruce %:Iaize desert valleys builders association Discover,, Builders d" VICE-I'RESIOE--,, Fred Bell July 11, 2016 Nobel Energy Solutions 2"`a ! -ICE PRESIDENT City of La Quinta SE- CRC;TARIiTREAST,RER Frank Spevacek, City Manager Fileen Eske 78-495 Calle Tampico Pacific Premier Brtnr , VICEPRLMQEjVT La Quinta, CA 92253 OF ASSOM TES Allan Levin Dear Mr. Spevacek, Allan Lcyin &- Associates ,PAST PRESIDER T Joseph Ha%e, Thank you for providing the Desert Valleys Builders Association (DVBA) the First Bans: opportunity to participate in the Study Session on June 211 regarding the CHIEFEXECUTIVEOFFICER "Proposed User and Regulatory Fees Based on the 2016 Cost of Services Gretchen Gutierrez Study". Before we delve into specifics of the fee study, we wish to comment DIRECTORSon two proposed fees that would be added to the City's current list of charges Brian Benedetti to new construction. Brian Benedetti Construction Mark Benedetti General Plan Maintenance Fee --This would place an additional fee on new r3,v1C: Select Build construction based on new construction valuation. rom, Dubose Development Design K Engineering Margaret Drury First, the State's Attorney General has ruled that fees may not be charged lario Go Drun Construction based on construction/product valuation without a clear time and materials A�taric, Gonzales GHA Companies nexus. Second, whether or not another construction project is ever built in the Mark Gran City, staff would be required to periodically update, adjust or amend the Strictly Business Consulting General Plan based on the desires of the community. Todd Hooks Agua Caliente Band of Cahuilla ln&rs Dave Lippert Lastly, should a new construction project affect the General Plan, the City Lippert Construction. Inc would directly charge the development a fee for the effective cost for desired Heather Loutsenhizer changes as necessary. Therefore, the DVBA believes General Plan Updates are Penta Building Group Paul Mahone, the ongoing responsibility of the City, and any updates beyond changes PMA Adti crti sing proposed by the new construction project either fail to meet the necessary DL+orah McGarre} nexus' or are duplicative in the existing fee structure. The Gas Company Dan Olivier Netherc muelleroliiier- Technology Enhancement Fee — This fee is designed to offset some City Alan Pace technological upgrades. Petra Geotechnical John Po«ell. Jr. Coachella Valley Water District However, it fails to recognize the reduced labor costs which benefits the City's Phil Smith bottom line. The purpose of investing in new technologies is to simply make Sunrise: Company for more effective and efficient service to the community. By doing so, the Ryan Smith Shea Homes City reaps the benefits of reduced costs in labor: duplicative services, human Patrick Stiianhout error, program tracking, etc. This should create proficiencies and efficiencies Habitat for Humanity without expanding staffing. Costs offset. As this study does not support the JctT Wattenbarger t1'attenbarger Construction 75100 Mediterranean • Palm Desert • CA 92211 (760) 776-7001 office e (760) 776-7002 fax www.thedvba.org 375 21)16 BOARD OF DIRECTORS PRESIDENT Bruce Maize Dincm ern builders 1" l ICE PREUDEV Fred Bell \obell I nap-N. solution, 2 sd VICE PRESIDEPS T SECRETAR1,TREASURER UICCn Eke Pacific Pren€ier Baer -, VICE PRESIDEI'T OF A_VS0Q 4 TE S :Allan Levin :tllan Lei in & Associatz5 PAST PRESIDENT Joseph Hayes First Bank CHIEFE.YECV71VE OFFICER Gretchen Gutierrez DIRECTORS Brian Benedetti Brian Benedetti Construction Marl. Benedetti BNIC Select Build ro€n Dubose I]srcioprnent Desigu & F.inginer rinn Margaret orun- Margarei DrurConstruction Mario Gonzales GHA Companies I,Iar€: Gran Strict]%, Business Consulting Todd Hooks Agua Caliente Band of C.ihuill,, Indians Dave Lippert Lippert Construction. Inc Heather Loutsenhizer Pcnta Building Group Paul Mahoney PMA Ad; crtising Deborah McGarre� the Gas Company Ilan Olivier Nether-, nfuellerOlkier Alan Pact Petra: Geotechnical John Powell. Jr. Coachella Valley Water Districi Phil Smith Sunrise Company Ryan `;mith Shea Hennes Patrick Swarthout Habitat for Humanity Jcff Wattenbarger 1','attcnbatger C'onstrttction �% 1 � ,A desert valleys builders association effective efficiencies scenario, this fee simply replaces an existing system instead of rehabilitation or refurbishment. Short-term Vacation Mental (STVR) Permit Fee — The DVBA has been pulled into this discussion in a couple of cities recently. Whether or not we should take a position has been argued. However, as we have heard the threats of moratoriums and extreme permitting procedures we have a recommendation. Create a two-part process. One as stated in this study, the second is a security type deposit of some minor significance $1,000-$2,000. Starting with the second "Valid" disturbance complaint to that particular address, bill for the officers and dispatchers time at a fully -burdened hourly rate which shall be deducted from that deposit. When that deposit is depleted, the property representative may add to it or lose the STVR permit. Penalties should also be drafted for those found operating a STVR without a permit or a defund%expired permit. Public Works Fees — What if everyone wants to be expedited? At 150% of costs, at a certain point it's not fast -tracked. Annual Cost Adjustment — While the DVBA doesn't like having to tell its members that costs and fees will be increasing, it is a fact of life. The industry finds it better to expect and accept annual incremental increases based on CPI or ENR-CCI than to wait a few years for a fee with a more dramatic effect. However, based on our interpretation of the Mitigation Fee Act, proper notice and a public hearing is still required. Fee Study Comments — Page 4. Allocation of Annual Labor Effort (Buildin • The percentage rates, of the lower section, have some significant errors o This does not seem to effect final calculations for Fully Burdened Hourly Rates 75100 Mediterranean • Palm Desert • CA 92211 (760) 776-7001 ©ffice • (760) 776-7002 fax www.thedvba.org 376 2016 BOARD OF DIRECTORS ORS PItESfI3E;\"T arociRE N.DE desert valleys builders association Discotier% Builder, 1" k ;rCE PRESILiE;t"T 7vc-d Belt Page 8 Allocation of Annual Labor Effort(Planning) \obell Energy Solution, • The percentage rates, of the lower section, have some 2i' IWEPRESIDEVT significant errors SE CRETARYITRE,1SURER o This does not seem to effect final calculations for Fully Eileen Fske Pacific Premier Bank Burdened Hourly Rates tTCE PRE'.SIDENT OF- ASSOCL4TES Page 20, Allocation of Annual Labor Effort (Comm Dev - Admin :quart Lein . The percentage rates, of indirect Activities and Direct Hours Alan Levin h Associate�. PAST PRESIDENT (mid -section) have some significant errors Joseph Hat es o This does not seem to effect final calculations for Fully Fiat Bank Burdened Hourly Rates CHIEF EXECGTII E OFFIC'ER Gretchen Gutierrez Page 21 Allocation of Annual Labor Effort Comm Dev —Admin The percentage rates, of the lower section, have some DIRECTORS Brian Benedetti significant errors Brian Benedetti Construction o This does not seem to effect final calculations for Fully klark Benedetti Burdened Hourly Rates BINIC Select Build Torn DuBw c Development Design R F'rrgineering Page 22 Allocation of Annual Labor Effort Comm Dev — Admin Margaret Drury • The percentage rates, of the lower section, have some Margaret Darn Con traction significant errors Mario Gonzales GHA Companies o This does not seem to effect final calculations for Fully kfark gran Burdened Hourly Rates Strictly Business Consulting Todd Honks Hooks dd to Band of Cahuilla i3tdians Page 24 Allocation of Divisional Costs to Functional knits Served — Dave Lippert Comm Dev — Admin) Lippert Constn,ction, Inc . Labor Expenditures (a) Heather L:outsenhizcr o City Hall Support column - $20,999 inclusion causes a POEM Building Group Paul Mahone-, calculation confusion PIMA Adi crtising o This does not seem to effect final calculations for Fully Deborah McGarrcy Burdened Hourly Rates Phe Gas Company Dan Olivier Nethe-c Nfuellc;r Olivier Alan Pace Page 42 43 and 69: Building Fees — New Construction — Cost of Petra Geotechnical John Powe11. Jr. Service Calculations Coachella valiq W.Iter District . The California State's Attorney's Office has rendered the long. Phil Smith accepted opinion that permit valuation tables must still be Sunrise i:ornpan� Rvan smith justified via a "nexus" to the reasonable time for staff to Shea Names perform the tasks necessary. Patrick Swanhout o Material's and product quality can vary valuation Habitat for Eiumanity Jeff Wattenbarger . Please provide examples to explain time variations per P P P Wattenbarger ConstrucOon valuations 75100 Mediterranean • Palm Desert • CA 92211 (760) 776-7001 office • (760) 776-7002 fax www.thedvba.org 377 ?M BOARD OF DIRECTORS PRESIDENT - - Bruce Maize Di col erN Builder I" LICE PRESIL?E- T Fied Bell \obell Energy Solutions :"d T•ICEPRESIDEA'T S,ECRETARt :'TRFASIiRER Lileen hsk: Pacific Premier Ranl: I7CE PRE.SIDEVT OFASS4CIA TES Allan Lei in Allan Lain & :<Arsociatus PAST PRESID,EA'T Joseph Hayes First Bank CHIEF EVECC TIT%E OFFICER Gretchen Gutierrez DIRECTORS Brian Benedetti Brian Benedetti Construction Mark Benedetti BN4C Select Build l'oTn DuBose Development Design K Engineering Yfaraarct DrurN Margaret Drury ConStrUCOOn Mario Gonzales GH:A Companies Mark Gran Strictly Business Consulting Todd Hooks Agua Caliente Band of Cahuilla Indians Dave Lippert Lippert Construction. Inc Ileather 1__outsc:nhizer Penta Building (croup Paul Mahoney PMA Adt crtising Di; hor'ah McGarre5 I'hc Gas Company Dan Olivier Nethery Mueller Olk ier Alan Pace Petra Geotechnical John Po«vell. Jr. Coachella Vallee Water District Phil Smith Sunrise Company. R an Smith Shea homes Pairick S1`arthout Ilabiiat for Humanity Jeff 'Wattenbarger Wattenharger Construction �% 1 f bA desert valleys builders association Page 44, General Plan / Long -Range Planning Surcharge • These aren't General Plan Amendments, or associated with an EIR or Mitigated Negative Declaration. General Plans are plans, goals, ideals, policies established by the City and its Council, whether or not another project is ever built. Updates have nothing to do with new construction. They may tally the success and progress of a previous General Plan as they prepare, and hold public 'scoping' meetings with, old and new, residents and business owners in anticipation of a new General Plan, or General Plan update. The new residents and businesses provide their share of the voice and the cost of the new plan. While builders and developers are responsible for the costs associated with their project's changes to the existing plan; they have no say in the future or the updates to the plans, except as residents of the city if that is where they live or conduct their business. Therefore, new construction should not be burdened with the additional fee of subsidizing the General/ Long Range Plan. Page 45, Technology Enhancement Surcharge • An ina.�ro _riate cost which provides no measurable efficiencies nor increased effectiveness. • This is the replacement of an existing system, thereby effectually not the responsibility of new or future construction. The DVBA appreciates this opportunity to thoroughly review the City of La Quinta's "Proposed User and Regulatory Fees Based on the 2016 Cost of Services Study". We have examined the study, line by line, and found that the conclusions published in the "Master Fee Schedule" starting on page 81, are supported and reasonable pursuant to the Mitigation Fee Act. A large portion of our comments here relate to policy and to how, or whether or not to charge and collect fees for specific uses and services; the General Plan Maintenance and the Technology Enhancement Fees specifically. 75100 Mediterranean • Palm Desert • CA 92211 (760) 776-7001 office • (760) 776-7002 fax www.thedvba.org 378 71 2016 BOARD OF DIRECTORS PRESIDEI'T Bruce Maize Disco%erg Builders 1" VICE PRESI E-V Fred Dell Nobel Energy Solutions 2,"e VICE PRESIDE_'%"T SECRETAR I i'TREASURER Eileen Esk: Pacific Prein€er Bank VICE PRESIDEYT OFASSOCL4 TES Allan Levin :Allan Levin h As;ociares PAST PRESIDENT T Joseph Fla,, es First Bank CHIEF EXECUTIVE E OFFICER Gretchen Gutierrez DIRECTORS Briar Benedetti Brian Benedetti Construction ,Mark Benedetti B%fC Select Build roin DuEsos, Development Design &- Engincerinc Margaret Dram Ib€argaret Drury Construction Mario Gonzales GHA Companies it lark bran Strictly Business Consulting Todd Hooks Agua Caliente Band of Cahuilht Indians Dare Lippert Lippert Construction. Inc Heather Loutsenhizer Pinta Building Group Paul Mahoney P,MA AdN ertising Deborah Ml eGarrcy The Gas Company Dart Olivier N'ethery Mueller Olii ier Alan Pacc Petra Geotechnical John Powell. Jr. Coachella Valley Water District Phil Smith Sunrise Cornpany Ryan Smith Shea Hutnes Patrick Sw arrhout Habitat for Humanity Jeff )A attenharger 1f attenbarger Construction : tA ;b desert valleys builders association We hope that our comments add to the discussion on these topics for fair and equitable service. Additionally, we would like to discuss how proposed fee increases may be implemented on an incremental basis. We look forward to the City's responses and to carry this discussion farther prior to formal adoption. r�'eZ Officer 75100 Mediterranean • Palm Desert • CA 92211 (760) 776-7001 office • (760) 776-7002 fax www.thedvba.org 379 380 2016 BOARD OF DIRECTORS PRESIDEiVT Bruce Maize DiscoN on Builders I" VICE PRESIr'iENT Fred Bell Nobell Energy Solution 2" d PPE PRESIOE.VT SECRETARF/TREASURER Eileen E-ke Pacific Premier Bank I CCE PRESIDENT OFASSOC14T'ES Allan Levin Allan I-e%in c .lssoriatcs PAST PRESIIIEN'T Joseph Ha•es First Bank CHIEF E.icECCTII E OFFICER Gretchen ( intierre7. - - - DIRECTORS Brian Benedetti Brian Benedetti Construction Mark Benedetti B1tC Select Build rom DuBosc Dctelopnent Design & En-tne4r? 7 Margaret Druv Margaret Drury Construction Mario Gonzales GHA Companies Mark Gran Stricth, Business Consulting. Todd Hooks Agua Caiiente Band of Cahuiila Indians Dave Lippert Lippert Construction. Inc. I leather Loutscnhizer Pcuta Building Group Paul M211011c'V PMA AdN ertising Deborah McGarrev The Gas Company Dati Olivier tiethen, !+.•luelier C>iiN-ier Alan Pace. Petra Geotechnical John Po%ieli. Jr. Coachella Valley 'th'ater Districs Phil Smith Sunrise Company R%an timith Shea Hones Patrick Sw arthout Habitat for Humanity Jeri Wattenbar<,Ycr Wattenbarger Construction 9A desert valleys builders association July 28, 2016 City of La Quinta Frank Spevacek, City Manager 78-495 CaIle Tampico La Quinta, CA 92253 Dear Mr. Spevacek, Thank you for providing the Desert Valleys Builders Association (DVBA) the opportunity to participate in the review process regarding the "Proposed User and Regulatory Fees Based on the 2016 Cost of Services Study". Our staff has reviewed the study line -by-line, notated questions and concerns which arose in the process and were compiled in our earlier letter dated July 11th Early in the review process we were able to get some practical clarification on the process and calculations shown in the fee study. On July 251h, ClearSource Consultant Terry Madsen coordinated a conference call with DVBA, La Quinta Public Works Director Tim Jonasson and himself. In the hour-long discussion we went through the issues listed in our prior letter. The Desert Valleys Builders Association is satisfied that, with the exceptions of the New fees for General Plan Updates and Technology Enhancements, the study meets the requirements of the Mitigation Fee Act. General Plan Maintenance Fee —This would place an additional fee on new construction based on new construction valuation. The State's Attorney General has ruled that fees may not be charged based on construction/product valuation without a cleartime and materials nexus. The study presents a fee based on construction valuation. This proposed fee would appear arbitrary as the study did not present what it costs to maintain the General Plan. 75100 Mediterranean • Palm Desert is CA 92211 (760) 776-7001 office • (760) 776-7002 fax www.thedvba.org 381 2016 BOARD OF DIKE( TORS PRESIDEA'T Bruc.. �. laiz,: Discovcrt Builders I,, DICEPRERVEY Fred Bell \ololl Enemy Solutions s d I ICE PRE'SIDE,A7 SECRETAitt./77iE 15C/'IZEIt Eileen Eskc Pacific Premier Bank r ICE: PRE.SIDGA7 OF, ISS OCIA TES .Ulan kcvin Allan Le; in c - Associate-. PAST PRESIDE,,VT Joseph Hay<°s First Bank CHIEF EXECI, TI r E OFFICER Gretchen Gutierrez DIRECTORS Brian Benedetti Brian Benedetti Construction Mark Benedetti BNW Select Build Toin DuBove Development Design &: En8incerinr Nlarataret Drury Margaret Dr ur} Construction 11ario Gionzales Gl A Companies 4lark Gran Strictly Business Consulting Dodd Hooks Agua Caliente Liana of Cahuilia Indians Dare Lippert Lippert Consiruction. Inc Heather Loutsenhizer Pent.a Building Group Paul Mahone PMA Ad%e.rtising Deborah McGarrev The Gas Company Dan Qlivitr ;Nethei-c- Mueller 01iN.ier Alan Pace Petra Geotechnical John Po»Lll_ Jr. C'oadwila Valley Water District Phil Smith Sunrise Company Ryan Smith Shea Homes Patrick Svc arthout Habitat for Humanity Jett' \V attcnharQer WattenbarLIer Construction RbA desert valleys builders association it is the responsibility of the City to maintain the General Plan whether or not another construction project is ever built in the City. Staff would be required to periodically update, adjust or amend the General Plan based on the desires of the community. In such an exercise the intent is to drive business and housing to specific areas of the community, with the support of adopted environmental documentation. It is transformed into a marketing tool for the City attract desired business interests. These aren't General Plan Amendments, or associated with an EIR or Mitigated Negative Declaration that may be required at that time. General Plans are plans, goals, ideals, policies established by the City and its Council, whether or not another project is ever built. General Plan Updates have nothing to do with a new construction project. The reverse is true, a new construction project is, generally, designed to adhere to the latest version of the document. General Plan Updates become the General Plan, from the existing General Plan. Until changes are made to that document, previous environmental provisions maintain their mitigating measures. Success and progress maybe tallied as the City prepares, and holds public 'scoping' meetings with, old and new, residents and business owners in anticipation of a new General Plan, or General Plan update. By right, residents and businesses provide their share of the voice, and the cost, of the new plan. Builders and developers are responsible for the costs associated with their projects' changes to the existing plan; they have no say in the future or the updates to the plans, except as residents of the city if that is where they live or conduct their business. Should a new construction project affect the General Plan, the City would charge the development a fee directly for the effective cost for desired changes as necessary. General Plan Amendment — GPA. in conclusion, the DVBA believes General Plan Updates are the ongoing responsibility of the City. Updates beyond that of General Plan Amendments, which usually require their own CEQA documents either fail to meet the necessary'nexus' or become duplicative. 75100 Mediterranean • Palm Desert • CA 92211 (760) 776-7001 office • (760) 776-7002 fax www.thedvba.org 382 2016 BC}.• PD OF DIRECTORS PRESIDE,VT Bruce Maize Discover' Builders I" VICE PRFUJVE'.'�'7 Fred Bell Nobcll Energy Solutions ",r i ICE PRESIDENT SECRET -I R t"/TREASURER Eileen Fsk: Pacific Prctnier Bank k UCE PRESIDENT O ASSOCIATES .Mlan Levin Allan Lei in R Associates PAST PRESIDEA7 Joseph Hu}es First Bank CHIEF EXECUTIVE OFFICER Gretchen Gutierrez DIRECTORS Brian 'Ben edeui Brian Benedetti Construction Mark Benedetti BNIC; Select Build Corn DuBosc DeA eloprncnt Design R Engin xrinR MarLmret Drury Margaret Drur} Construction Mario Gonzales G1I 1 Companies Mark Gran Strictly Business Consulting Todd Hooks Agua Caliente Hand of Cahuilla Indians Dave Lippert Lippert Construction. Inc Heather Loutscnhizer Petta Building Group Paul '.Mahone. P.S1A ?!dv erdsing Deborah McGarrcv The Gas Company Dan Olivier ether- Mueller OhN ier- Alan Pace Petra Ge,.otechnical John Poo ell- Jr. C:oachel la Valley Water District Phil Smith Sunrise Company Ryan Smith Shea Home; Patrick Swarthout Habitat for Humanit) Jeff V+ attenbarger Wattenbar er Constructio-i. bA desert valleys builders association Technology Enhancement Fee — This fee is designed to offset some City technological upgrades. However, it fails to recognize the reduced labor costs which benefits the City's bottom line. The purpose of investing in new technologies is to simply make for more effective and efficient service to the community. By doing so the City reaps the benefits of reduced costs in labor: duplicative services, human error, program tracking, etc. This should create proficiencies and efficiencies without expanding staffing. Costs offset. As this study does not support the effective efficiencies scenario, this fee simply replaces an existing system instead of rehabilitation or refurbishment. Public Works Fees — What if everyone wants to be expedited? At 150% of costs, at a certain point it's not fast -tracked. What is the City's policy in handling such circumstances? Annual Cost Adjustment — While the DVBA doesn't like having to tell its members that costs and fees will be increasing, it is a fact of life. The industry finds it better to expect and accept annual incremental increases based on CPI or ENR-CCI than to wait a few years for a fee with a more dramatic effect. However, based on our interpretation of the Mitigation Fee Act, proper notice and a public hearing is still required. The DVBA appreciates this opportunity to thoroughly review the City of La Quinta's "Proposed User and Regulatory Fees Based on the 2016 Cost of Services Study". We have examined the study, line -by --line, and found that the conclusions published in the "Master Fee Schedule" starting on page 81, are supported and reasonable pursuant to the Mitigation Fee Act, with two noted exceptions. A pronounced portion of our comments here relate to policy and to how, or whether or not to charge and collect fees for specific uses and services; Specifically, the General Plan Maintenance and the Technology Enhancement Fees. We hope that our comments add to the discussion on these topics for fair and equitable service. Additionally, we would like to discuss how proposed fee increases may be implemented on an incremental basis. We will make,,ourselves available for the continued dialogue. Respe6fully Gre ez Chieffficer 100 Mcan • Palm Desert * CA 92211 (760) 776-7001 office • (760) 776-7002 fax www.thedvba.org 383 384 July 13, 2016 Mr. Terry Madsen ClearSource Financial Consulting 9032 Soquel Drive Aptos, CA 95003 RECEIVED JUL 19 2016 CITY OF LA OUINTA CITY CLERK DEPARTMI Riverside County Chapter Building Industry Association oFSoutficin California 3891 10 Street Riverside, California 92501 (951) 781-7310 Fax 9951) 781-0509 Re: Proposed User and Regulatory Fees based on the 2016 Cost of Services Study provided by ClearSource Financial Summary Dear Mr. Madsen: The Building Industry Association (BIA) of Southern California, Riverside County Chapter greatly appreciates the opportunity to comment on the Proposed User and Regulartory Fees for the City of La Quinta Executive Summary • The rapid growth in the City of La Quinta's population experienced from the early 1990's has now slowed along with new development projects and the construction of new homes. • The demand for new housing is diminished and fewer new large development projects submittals reduce the services required by the Building Department, Planning, and the Public Works Department. • The number of building permits for new SFD generally continues to decline. • The decrease in permits issued indicates a slow market for the construction of new SFD possibly due to the very active resale market involving existing SFD products. • The total time provided in ClearSource's Study per SFD including plan check, permit, and permit issuance is 26.10 hours, whereas BIA'S consultant calculated time for the same services is 21.12 hours. The difference in hours between ClearSource and the calculated An Affiliate of the National Association of flome Builders and the California Building Industry Association 385 hours for average plan check time represents 4.98 hours. This discrepancy produces a potential overcharge of $722.10 per SFD, and $106,148.70 for the 147 SFD used in C1earSource's estimate. • The funding for a position in the Community Development Department or any other related development services that is not filled should not calculate into the cost of providing any development related service. • The charge to the Building Department and Planning for the position of Community Development Director is 25% for each department. • The position's funding amounts to a $52,567 overcharge for Building Department as well as Planning services because the position is not filled. By reducing the cost of that service, the proposed revenue from a fee increase by both departments is also reduced. The reduction more than covers the proposed fee increase for the Building Department services and reduces the potential Planning Department's increased fee revenue from $96,000 to $43,433. • Considering the two potential overcharges discussed above, the City should also consider reducing the fees currently charged for Building Department Services. • If adopted, how is the General Plan fee amount of $528.77 as required as a condition for a building permit reasonably related to the function of the permit? • Over the past few years, in response to the slowdown of services required by new development, the City had modified some personnel positions and salaries to compensate. • The City officials should continue reviewing the services of the Building Department, Planning, and the Public Works Department and considering paring down staff levels when the degree of services to the development community has diminished. • When the demand for services requires fees decreases, the reduction of personnel is also a prudent course of action. Population The Gann Limit Appropriation Calculation data contained within the June 16, 2015 report to the City Council concerning the adoption of the resolution approving the FY 2015/15 budget provided a table that contained the City of La Quinta's population numbers from FY 92/93 to FY 15/16. Between FY 92/93 to FY9/10 the population of the City of La Quinta grew from 12,932 to 43,778. During FY10/11 the population dropped to 37,307. The current population cited for FY15/16 is 39,694. La Quinta is a resort community that has golf as its primary industry. Additional to the permanent residents as many as 10,000 more persons are seasonal residents that increase the winter population by roughly 27%. Many of the dwellings are occupied part time by these An Affiliate of the National Association of Home Builders and the California Building Industry Association. 386 seasonal or temporary residents which partly explains the population fluctuations, although they are not counted it the census. Recently, the full-time population has settled somewhat down as move permanent residents occupy dwellings. La Quinta Housing Element The 2006 through 2014 Planning Period The City of La Quinta 2006 Regional Housing Needs Assessment (RHNA) addressed in the Housing Element proposed that the City provide the regulatory framework to facilitate the development of new housing units potentially affordable to a range of income levels between January 1, 2006 through June 2014. The City's RHNA for this planning period was 4,327 units. The RHNA included housing goals for 1,065 units of housing affordable to very low income households, 724 affordable units for low income households, 796 affordable for moderate income, and 1,741 above moderate income units. According to SOCDS, the City issued 3,143 du building permits during the years 2006 to 2014; 1,184 less than projected for the RHNA. The City's housing element identified 147.8 vacant acres that was expected to yield about 1,500 dwelling units based upon existing standards. The City also identified underutilized land inventory of 206.9 acres that could accommodate new housing during the planning period that could yield an additional 2,112 units, thus bringing the total vacant land available to accommodate up to 3,612 future dwellings. The 2014 through 2021 Planning Period The City of La Quinta Housing Element Update dated September 28, 2013, covers the period between 2014 and 2012. The City's RHNA for this planning period was 364 units. The City's RHNA calls for 91 housing units affordable to very low income households, 61 units affordable to low income households, 66 affordable to moderate income households, and 146 above moderate income units. The family of four within the City of La Quinta is more affluent than the average household in Riverside County. In the City of La Quinta in 2011, the median income for a household of four was $77,790. The average for the County of Riverside for the same number of members of a household was $63,300. Table II-10 within the Update indicates that in 2010, 8.3% of the City's population income classified as Extremely Low, 7.7% were in the Very Low income bracket, 12.2% in the Low, 20.7% in the Moderate, and 51.1% were in the Above Moderate income level. According to Table II-8, 36.9% of the households earned over $100,000 per year. Housing Stock The Housing Element Update provides Table II-17 which lists the age of the housing stock in La Quinta and the number of units built between before 1939 to 2011. According to the table, 19,443 dwelling units were built between 1980 and 2011. From 1980 through 1989, 3,658 du (16.6%) were built, between 1990 and 1999, 6,448 du (29.2%) were built, between 2000 and An Affiliate of the Nations :_ Association of Home Builders and the California Building Industry Associationx 387 2004, builders built 7,176 du (32.5%), and between 2005 and 2011, 2,161 du (9.8%) du were built. However, the total number of new dwelling units differ in Table II-13 of the Update. This table provides the number of dwelling units built each year by year. The totals from 2000 to 2011 from Table II-17 indicates an additional 9,337 du were built whereas Table II-13 for those years indicate an additional 10,924 du, a difference of 1,587 du. The table below provides the number of permits for dwellings (du) issued by the City of La Quinta's Building Department between 2006 and May 2016. This table illustrates a high in annual du permits between 2006 and 2008. The number of issued du permits dropped during the years following the Great Recession, 2010-2011, which matches the drop in population numbers. The total number of du permits issued increased after 2011 followed by an increase in SFD permits issued between 2013-2015. The City issued only 42 SFD building permits during the first five months of 2016. The low number of permits issued possibly indicates a slower market for sellers of newly constructed dwellings. The number of permits issued as listed in this table published by SOCDS 'somewhat closely match the number of dwellings built as shown in Table II-13 discussed above. ' http://socds.huduser.govlpermits/. An Affiliate of the National Association of Home Builders and the California Building Industry Association 388 Permits Issued between 2006 and 2016 Yearly SFD 2-Units 3&4 Units 5+ Units Totals 2006 775 24 - 311 1,110 2007 448 8 456 2008 237 4 213 454 2009 109 109 2010 79 79 2011 41 41 2012 55 4 172 231 2013 116 2 132 250 2014 174 8 182 2015 173 16 189 May-16 42 42 Totals 2,249 34 24 836 3,143 Average 214 3 2 80 299 Building Permit Oscillations The number of building permits issued for single-family dwellings somewhat follows the population oscillations, but often to a different wave length. The fluctuation in the number of dwellings built provide evidence of the significant point that the number of building permits issued for dwellings declined from the high numbers for the years 2003 through 2005. The number of building permits for new SFD generally continues to decline. The decrease in permits issued indicates a slow market for the construction of new SFD because of the very active resale market involving existing SFD products. According to Zillow, the City of La Quinta currently has 849 dwellings for sale including 22 new homes. Zillow lists 635 SFD for sale. The Building Department issued 601 SFD building permits over the last 5.4 years, between 2011 and 2016. Building Plan Check, Permit, and Issuance Fees. The City's building permit calculations are based upon the City's Building Valuation Data sheet2. Under category 7. Dwellings, Type V — Wood Frame, the data sheet list two cost ($) per square foot. The Building Department applies the lower square footage cost of $54.30 to the construction of dwellings not in gated communities. The higher cost per square foot of $77.90 for `good' construction applies to new construction in gated communities. 2 G:\Handouts\Building_Valuation-Data-08.doc, Rev. — 1 03/05/2009 (gb) An Affiliate of the National Association of Home Builders and the California Building Industry Association 389 The City of La Quinta's Building Department provides a three -page guide to estimating the cost of plan check and a building permit for SFD issued after May 20, 2013.3 The calculations provide a valuation of $111,848 for a SFD (non -gated) with 1,670 sf, a 45 sf garage, a covered patio area of 260 sf, and a fire sprinkler system and an estimate for the plan check and building permit cost. The plan check fee of $1,456.51 includes the precise grading plan check, and the building, mechanical, electrical, and plumbing fees. The building permit fees of $1,027.21 include the building, mechanical, electrical, and plumbing (MEPs) fees. The total plan check and building permit fees are $2,483.72. On page II-105 of the Housing Update, Table II-39 provides the development fees for typical single-family and multi -family homes. The table estimates that the cost of a plan check for a 1,500 sf SFD in 2013 is $818 and the combined building and MEP fees is $986, for a total of $1,804. Running the 1,500 sf SFD through the Building Department's estimate guide with a 2- car garage of 604 sf, a 720sf patio, 2-baths, and temp power yields a plan check fee of $1,306.39 and a building permit fee of $1,051.55, for a total of $2,357.94. The calculated difference is $553.94 from the fees provided in Table II-39. For the 505 building permits issued for the SFD during the years 2013 to 2016, 64 are currently listed for sale. These 64 SFD represent roughlyl3% of the 505 SFD built during these years.4 Zillow currently lists only 105 mapped lots for sale in the City of La Quinta. The majority of the these 64 SFD homes or of the 49 SFD built between 2013 through 2016 and currently on the market were built in gated communities and they represent 95% of the SFD currently for sale. The average square footage of the resale SFD is 3,998 SF and the listing price averages $1,589,370. The 5% resale SFD built in non -gated communities between 2013 and 2016 average about 2,428 sf and the average listed price is $554,125. The Housing Element Update on page II-65 presents Table II-20 which provided that in April 2013 the number of resale SFD was 574 and the number of Condominiums for sale was 123. The total was 697 of which 82% were SFD. The Update states on page II-65 that the median price for a new home in the 2nd quarter of 2012 was $475,000, a 3% decrease from the previous year and 1 % less than in 2010. The combined average of resale SFD in gated and non -gated communities built between 2013-2016 is $1,071,748, 2.26 times the price provided by the Update. 3 http://www.la-quinta.org/home/showdocument?id=17987 4 http://www.zillow.com/homes/for sale La- uinta-CA- 92Z53/fsha fsbo It/hou5tr condo.apartment duplex ,townhouse type/96758 ridZ33.837342.- 115.968247 33.356341-116.61438 rect 10 zm 0 mmm . An Affiliate of the National Association of Home Builders and the California Building Industry Association 390 Considering the estimated plan check and building fees for the average of the SFDs constructed between 2013-2016, for the non -gated 2,428 SF SFD, the plan check fee amounts to $1,430.31 and the building permit fee comes to $1,095.42, for a total of $2,545.73. The City would charge the builder of an average sized 3,998 SF SFD in a gated community $2,095.73 for plan check services and $1,423.08 for the building and MEPs permits, for a total of $3,518.82. The average size of the 54 SFD currently on the market that were built between 2013-2016 is 3,213 sf and the average asking price is $1,071,748 and a total valuation of $283,275. The plan check fee for the average (gated) SFD is $1,775.26, the building and MEPs fees are $1,194.48, for a total of $2,969.73. On page 45 of the Study, C1earSource Financial presented a chart of the Annual Permit Statistics, an Audit of Estimated Annual and Professional Services Hours relating to Building fees for FY 2013/14. In the row titled New SFR, Clear Source states that the Building Department issued 147 SFR building permits for FY 2013/14. The SOCDS Building Permits Database provided information that the Department issued 143 SFD building permits during the same fiscal year, thereby somewhat providing a similar number of SFD building permits issued. C1earSource's data provides the same amount of fees assessed, the same number of labor time expended, and the a ual number of hours spent for plan check and building permits for SFD. Reviewing the calculations for the (gated) SFD plan check and building permit fees for the average size new SFD, the ratio of the plan check fee to the permit fee is 3:2, not equal. C1earSource estimates the hours for plan check and permit services are equal at 12.75 each whereas the calculate hours for average plan check time is 12.24 hours and the labor time for the permit is 8.24 hours. The C1earSource total time per SFD including plan check, permit, and permit issuance is 26.10 hours, whereas the calculated time for the same services is 21.12 hours. The difference represents 4.98 hours. The total time according to C1earSource for the department's services for the 147 SFD is 3,837 hours, the calculated time is 3,105 hours. The difference of the calculated 4.98 hours per unit times 147 SFD equals 732 hours. The cumulative estimated overcharge at $145 per hour is $106,140, thereby reducing C1earSource's stated revenue on page 20 of their Study of $548,689 to $442,549. Whereas C1earSource's estimated revenue from 147 SFD represented roughly 51 % of the Department's revenue, the calculated revision reduces the percentage to 43% C1earSource represents the total cost for the Building Department's labor at $955,445. By reducing the estimated labor cost overage discussed above, the total labor cost is recalculated at $849,305. On pages 4 and 20 of the Study, C1earSourse provides that the total effective hours for most of the Building Department's staff is 1,800 hours per year. At the chargeable FBHR of $145, each 1,800-hour position equals $266,400. The Department's labor cost totaling $955,445 funds 3.59 1,800-hour positions. At $152 per hour, each position equals $273,600, and funds 3.45 1,800- An Affiliate of the National Association of Home Builders and the California Building Industry Association t391 hour positions. Reducing the total labor cost to $849,297 funds 3.18 1,800-hour positions and at $152, funds 3.1 positions. The percentage of work hours charged to each position varies, so the numbers of these positions are only estimates. Staffing Levels Planning Labor C1earSource indicates on page 20 that the Community Development Director's position is vacant and a phone call to Planning confirmed that the position will remain unfilled. The charge to the Building Department is 25% of the position's funding becomes a $52,567 overcharge. Adding this amount to the $106,140 calculated overcharge for SFD, the total of $158,707. This further reduces the amount needed to fund the Building Department to $796,738, or a 16.6% reduction. The Staff Report date June 21, 2016 presented a table under the heading, Revenue Impacts of Proposed Fee Changes, where they list the impact of the 5% fee for the Building Department Fees at an increase of $50,000. Removing 25% of the cost of the Community Development Director alone saves $52,567. There is no justification to raise the fees charged for Building Department Services by 5% at this time. The City Council should consider reducing the Building Department fees by about 11.6% In the June 2, 2015 City Manager's report to the City Council concerning the 201512016 Operating Budget Options Frank J. Spevacek, City Manager, proposed reducing the patrol hours by the Riverside County Sheriff's Department by 6.7 percent, from 150 daily to 140 daily hours. The Report states that the proposed reduction in service hours would increase the Budget revenue/expenditure spread by 527.5 percent, from a projected $87,200 to $547,200. The Report identified $117,600 of supplemental request, including $30,000 to fund the net cost of three additional Administrative Technicians in Community Development. These three positions were to support increased department planning and development permit processing activities in order to decrease processing times. A subsequent report dated June 16, 2015 addressing the adoption of the resolution to approve the FY 2015/16 budget modified the proposed three positions to add only one Administrative Technician in Community Development. Although, the report does not disclose where or to which function the services of this Administrative Technician apply, but typically, often the cost of an Administrative Technician is not funded by General Fund savings, but by developer's fees. The estimated cost of the additional Administrative Technician could cost as much as $91,350, which is the cost each of the two highest current Permit Technicians. That is unless this position will serve the General Plan update, which is generally a position funded by the General Fund, and in which case, there would be no need to add the General Plan fee to development services which is estimated to create an estimate $89,000 in revenue. The average (gated) 3,313 SF SFD with an average selling price of $1,071,746 has a total valuation of $283,275. This valuation would require a General Plan Fee of $528.77, if adopted as proposed. How is this fee of $528.77 that would be required as a condition for a building permit reasonably related to the service for which it is charged? The table under the heading, Revenue Impacts of Proposed Fee Changes, presented in the Staff Report date June 21, 2016, estimates that if the City continues to follow the previous policy of raising or setting fees to a uniform rate, the Planning Department could receive an estimated increase revenue of $96,000. This revenue should be offset by the reduction of $52,567 to $43,433 through eliminating the Community Development Director's position. The City's Planning Department will probably not see any new large development project submittals for quite a while. The remaining potential revenue sought for Planning can be neutralized by reassignment or elimination of a staff position. Overall Funding for Citv Positions The history of the City's funding of staff positions over the past few years indicate that the leadership is very aware of the slowdown of development and building activity. For example, according to the website, Transparency California5, the salary, extra considerations, and benefits provided to the City Manager increased about 13% between 2013 and 2014, and only increased slightly between 2014 and 2015. The compensation package for the Community Development Director increased by roughly 22% between 2013 and 2014 and that position is now vacant. The previous Building Official's total earnings were $153,740 in 2013, whereas the current Building Official's total package is $21,700 less. The City removed two Building inspectors II positions from 2013 and added two Building Inspector I positions in 2015. This staffing change saved the Department 9.2%. Some other positions within the Building Department saw increased salaries or additional hours. Conclusion The funding for a position in the Community Development Department or other related development services that is not filled should not calculate into the cost of providing any development related service. The City officials should review the services of the Building Department, Planning, and the Public Works Department and considering paring down staff levels to the degree of services to the development community has diminished. 5 http://transparentcalifornia.com/ An Affiliate of the National Associ; :on of Home Builders and the California Building Industry Association 393 When the demand for services requires fees decreases, the reduction of personnel is also a prudent course of action. Sincerely, Erica R. Harnik Coachella Valley Senior Representative An Affiliate of the National Association of Home Builders and the California Building Industry Association 394 - Gb%I of the DESERT City of La Qu i nta User and Regulatory Fee Study Draft — Subject to Revision - June 2016 - �"WbClearSource Financial Consulting 395 396 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.....................................................................................................................................................18 397 398 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 1 399 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) 2 400 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 3 401 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. 4 402 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. 5 403 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. 6 404 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. 405 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. s 406 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 9 407 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. 10 408 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%. 11 409 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. 12 410 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 13 411 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. 14 412 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 15 413 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) 16 414 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. 17 415 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. 18 416 Appendix Table of Contents 417 Calculation of Fully -Burdened Hourly Rates 418 Calculation of Fully -Burdened Hourly Rates Building Fees 419 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 420 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 421 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 422 Calculation of Fully -Burdened Hourly Rates Planning Fees 423 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 424 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 425 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 426 10 Calculation of Fully -Burdened Hourly Rates Public Works 427 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% 428 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 429 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 430 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 431 15 Calculation of Fully -Burdened Hourly Rates Code Compliance for NPDES Ongoing Inspections 432 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 433 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 434 18 Community Development Administration Allocation of Divisional Costs to Functional Units Served 435 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 436 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% 437 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% 438 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 439 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 440 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. 441 25 Hourly Rate Summary 442 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. 443 27 Calculation of the Costs of Providing Fee Related Services 444 28 Calculation of the Costs of Providing Fee Related Services Building 445 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% 446 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% 447 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% 448 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% 449 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% 450 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% 451 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% 452 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% 453 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 454 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% 455 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% 456 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 457 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. 458 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. 459 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. 460 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 461 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 462 46 Calculation of the Costs of Providing Fee Related Services Planning 463 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% 464 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. 465 49 Calculation of the Costs of Providing Fee Related Services Public Works 466 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% 467 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% 468 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% 469 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) PM1O 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) >20OAcres 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% 470 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. 471 55 Calculation of the Costs of Providing Fee Related Services NPDES Ongoing Inspections 472 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 473 57 Calculation of the Costs of Providing Fee Related Services Short -Term Vacation Rental Permit Fee 474 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) 476 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 477 61 Working Version of the Master Fee Schedule 478 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% 479 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 480 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% 481 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% 482 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% $ 51 5% 483 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 11 484 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 6 $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. 485 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% 486 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 487 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% 488 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% 489 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% 490 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. 491 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% 492 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 11 493 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 494 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 495 79 Master Fee Schedule 496 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 497 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 498 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. 499 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 $88.67 500 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] 501 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. 502 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 503 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 18931.6 504 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. 506 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 507 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 508 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 $2,736 509 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 510 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. 511 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 512 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 513 97 Master Fee Schedule 514 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). 515 99 516 City of La Quinta CITY COUNCIL MEETING* August 2, 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 PURSUANT TO SECTION 15332 (CLASS 32) RECOMMENDATION Adopt a resolution to approve a Tentative Tract Map No. 36817 (TTM2014-1004) to subdivide an approximately 4.6-acre site into ten single-family residential lots, and find the project exempt from the California Environmental Quality Act. EXECUTIVE SUMMARY • The Council considered this proposal at the July 19, 2016 meeting; the item was continued to allow the applicant, an adjoining property owner and the City to refine the conditions of approval regarding on -site improvements (Exhibit 1). • The applicant proposes to subdivide approximately 4.6-acre site into ten single- family residential lots. • The proposed subdivision conforms to the policies and development standards of the La Quinta General Plan and Municipal Code. FISCAL IMPACT - None. BACKGROUND This proposal was considered at the July 19, 2016 Council meeting (Exhibit 2). A continuance was granted in order for the City Attorney, applicant, and adjacent property owners (Ziegler family) to revise the conditions of approval related to project bonding. The resulting condition of approval (COA No. 107) allows for a limited Subdivision Improvement Agreement (SIA) with security/bonds for the on -site street improvements, curb and gutter, and utilities as part of this tentative tract map approval. The SIA shall be executed prior to issuing a grading permit, and the improvements outlined in the SIA must be constructed within one year of execution. 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. 517 ALTERNATIVES 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 Exhibits: 1. Draft Council minutes dated July 19, 2016 2. Staff report packet from July 19, 2016 public hearing 518 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 2nd day of August, 2016, hold a duly noticed Public Hearing, as continued from the regularly -scheduled Public Hearing on July 19, 2016, 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. 519 Resolution No. 2016 - Tentative Tract Map 36817 (TTM 2014-1004) Adopted: August 2, 2016 Page 2 of 3 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. 520 Resolution No. 2016 - Tentative Tract Map 36817 (TTM 2014-1004) Adopted: August 2, 2016 Page 3 of 3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the findings of the City Council in this case. SECTION 2. That the City Council does hereby approve 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 2nd day of August, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: LINDA EVANS, Mayor City of La Quinta, California I_11i9*119 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 521 522 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: AUGUST 2, 2016 Page 1 of 24 [eld\Id:7e\I 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. 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 August 2, 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 523 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: AUGUST 2, 2016 Page 2 of 24 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). 524 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: AUGUST 2, 2016 Page 3 of 24 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. 525 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: AUGUST 2, 2016 Page 4 of 24 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. 526 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: AUGUST 2, 2016 Page 5 of 24 IN17M&M_TO 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. 527 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: AUGUST 2, 2016 Page 6 of 24 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 and all on -site 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. 528 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: AUGUST 2, 2016 Page 7 of 24 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. On -Site Rough Grading Plan 44 B. PM10 Plan , IT C. SWPPP D. WQMP , E F 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 529 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: AUGUST 2, 2016 Page 8 of 24 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- 530 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: AUGUST 2, 2016 Page 9 of 24 quinta.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. 531 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: AUGUST 2, 2016 Page 10 of 24 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 pursuant to Condition #31, and for purposes of Condition #107, 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 532 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: AUGUST 2, 2016 Page 11 of 24 inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 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. 533 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: AUGUST 2, 2016 Page 12 of 24 A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. 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 24. 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 534 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: AUGUST 2, 2016 Page 13 of 24 the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 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. 1 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. 535 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: AUGUST 2, 2016 Page 14 of 24 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. 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. 536 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: AUGUST 2, 2016 Page 15 of 24 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 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. 537 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: AUGUST 2, 2016 Page 16 of 24 All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 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) 538 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: AUGUST 2, 2016 Page 17 of 24 Other required improvements in the Monroe Street right or way and/or adjacent landscape setback area include: 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. 539 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: AUGUST 2, 2016 Page 18 of 24 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. 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. 540 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: AUGUST 2, 2016 Page 19 of 24 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. 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. ,�Li]01611990141to] 0 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. 541 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: AUGUST 2, 2016 Page 20 of 24 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 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, or successor board or commission as established by the City Council (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. 542 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: AUGUST 2, 2016 Page 21 of 24 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. 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. 543 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: AUGUST 2, 2016 Page 22 of 24 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). 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 544 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: AUGUST 2, 2016 Page 23 of 24 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 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 545 CITY COUNCIL RESOLUTION 2016- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36817 (TTM 2014-1004) APPLICANT: ESSI SHAHANDEH OWNER: MANUEL ABARCA ADOPTED: AUGUST 2, 2016 Page 24 of 24 reviewed and approved at a duly noticed public hearing by the Planning Commission. 107. Pursuant to Section 13.20.100, which allows the City and subdivider to modify by agreement the general requirement to enter into a Subdivision Improvement Agreement prior to the approval of a final map if improvements have not been constructed, the City and applicant shall, as a separate condition of approval of the tentative map, enter into an agreement, prior to issuance of a grading permit, with the terms and conditions that are generally applicable to the City's standard Subdivision Improvement Agreement, with the following specific terms: (1) the applicant will complete the on -site private street, utilities and curb & gutter, within a deadline specified in the agreement, not to exceed 1 year from the date of issuance of the grading permit; (2) the applicant will provide security in favor of the city for the faithful payment and performance of the above on -site improvements within the deadline specified in the agreement; (3) all on -site improvements subject to this agreement will be within the approximately 65-feet of Lot A as shown on the tentative map. This condition is expressly agreed to by the applicant based on its representations during the public hearing held on July 19, 2016, during which the applicant voluntarily offered to enter into an agreement to ensure the timely and concurrent completion of the private road and utilities within the approximately 65-feet of Lot A. This condition shall be in addition to and read in conjunction with, and does not supplement or supersede, the other conditions of approval, except as follows: (a) upon the execution of the agreement required by this condition, the applicant shall not be required to post a restoration bond for an encroachment permit required by Condition #39C; and (b) if the on -site improvements are completed or the City commences proceedings to collect on the payment and performance bonds for the on -site improvements pursuant to the agreement required by this condition, then the applicant will not be required to comply with Condition #31 to the extent Condition #31 will not apply to the improvements delineated in this condition. 546 services; percentage of owners using Airbnb, Inc. vs. VRBO; concerns of property management companies; need to monitor the agreement, and notify the Council quickly if it's not working, and; adding information regarding this agreement to the City's registration packets, the website and other means to get the word out. MOTION - A motion was made and seconded by Councilmembers Radi/Osborne to approve the agreement with Airbnb, Inc. as recommended. Motion passed unanimously. 3. INTRODUCE ORDINANCE AMENDING SECTION 3.25.060(B) OF THE MUNICIPAL CODE RELATING TO APPLICATION FEE FOR SHORT-TERM VACATION RENTAL PERMITS City Clerk Maysels presented the staff report, which is on file in the City Clerk's Office. MOTION - A motion was made and seconded by Councilmembers Franklin/Radi to take up Ordinance No. 542 by title and number only and waive further reading. Motion passed unanimously. City Clerk Maysels read the following title of Ordinance No. 542 into the record: 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 MOTION - A motion was made and seconded by Councilmembers Franklin/Pena to introduce at first reading Ordinance No. 542. Motion passed unanimously. STUDY SESSION ITEM MOVED TO AFTER PUBLIC HEARING ITEMS SO THE PUBLIC HEARING MAY START AT 5:00 P.M., THE TIME FOR WHICH THEY WERE NOTICED PUBLIC HEARINGS (started 5:03p) 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 Principal Planner Jay Wuu presented the staff report, which is on file in the City Clerk's Office. Councilmembers discussed the height of the north wall; lot setback requirements; developer's plan for the lots; disturbance to Ziegler's driveway and duration of disturbance; Subdivision Improvement Agreement bond coverage and Encroachment Permit assurance against temporary access extending into a long-term situation, and; CITY COUNCIL MINUTES 4 JULY 19, 2016 547 requirement to construct temporary access to fire department standards which should also meet horse trailer needs. PUBLIC SPEAKER - APPLICANT'S REPRESENTATIVE: Benjamin Egan, PE, PLS, Palm Desert - Mr. Egan said the applicant will rebuild the road and at no time will the Ziegler's be cut off from their property. A bond will insure their access. In addition, utilities will be stubbed to the Ziegler's site. Mr. Egan asked the Council to adopt the Planning Commission's recommendations. MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 5:30 P.M. PUBLIC SPEAKER: Tom Brohard, La Quinta - Mr. Brohard said he owns a neighboring property to this project in the Estates at La Quinta and he is a member of its Board of Directors. He said that he and the majority of his neighbors were initially opposed to this project. He noted that after discussions and accommodations by the developer, 8 out of the 12 neighboring property owners are now in support and two are neutral. He also stated that the Homeowners Association's Board of Directors supports the project. MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 5:36 P.M. MAYOR EVANS REOPENED THE PUBLIC HEARING AT 5:46 P.M. TO ALLOW NEWLY ARRIVED SPEAKERS TO PARTICIPATE PUBLIC SPEAKER: Roy Ziegler, La Quinta - Mr. Ziegler, representative of his mother who owns the property that has an access easement through this development, explained that the critical issues are (a) the developer completing the new road access in a timely manner; (b) the developer completing the under -road utility installation, curbs and gutters at the same time as the road, and; (c) the City imposing provisions, such as bonds, that makes (a) and (b) enforceable. PUBLIC SPEAKER - APPLICANT'S REPRESENTATIVE: Benjamin Egan, PE, PLS, Palm Desert - Mr. Egan said that he believed the applicant would not object to any bond arrangement the City Attorney could defend. Councilmembers discussed continuing the public hearing in order to give the applicant and the Zieglers time to negotiate a compromise based on the framework discussed above, and time for the City Attorney to review and draft the results; suggestion that the two private parties come to agreement among themselves; the difficulty posed by the small parcel and odd configuration; the trend toward smaller home sizes; the length and width of the Ziegler's driveway, and; the timeframe for collecting on a bond. MOTION - A motion was made and seconded by Councilmembers Franklin/Radi to continue the public hearing until the Council meeting of August 2, 2016. Motion passed unanimously. CITY COUNCIL MINUTES 5 JULY 19, 2016 548 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 549 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. 550 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 551 552 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. 553 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. 554 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 555 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 556 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 557 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). 558 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. 559 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. 560 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. 561 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. 562 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 563 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- 564 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. 565 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. 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. 567 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. 568 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. 569 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 570 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. 571 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: 572 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. 573 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. 574 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 30 575 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. 576 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). 577 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 578 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. 579 580 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 581 582 g +r 4 y r". r a Y♦ . P _i 4 .. i : r m ■ e f AN of - �L ' a" I „ W •. a .. . ;~_ ... - R _ n. c 4 I - • , • i st .. • +� I LE I I MWEL4 F , I! • -�� f ., A �,.� : •fir. _ _ .;. ... .., I k,.� .. _..- I ' `R • r f e. b rr , ■a. THUNDERGULCHWAYMao -- r r y D RVWM s SW -- - 4 , • F , 55THAVE �-�---- - ,., y , ar � tf IF V: b i 4•F I -re lb,. r a. py 1 � ! 9; y N� L r r- lop Mik 10 000 It( F4. T - 1LU Ak LJJ ` Z J , ML In T7: 4 �//�) J t. - , FOUR SEASONS PL � Q FOUR SEASONS PL �. w_ .. - ' 11 BROWN DEER PARK F, . 'a:� , p- y ■ = i - ' y ■ ` — • 9 r. OIL u r VE if 04, -- _ - IML ** w T. � + A ILL , • 1 ■ - m 4 4•. A � e .w �••- C�• �v`� M9 .... ,4 .., ,,, ,.. �: �^c ,._-. ^^ ,�.. .. _.. .�+ ."y�,.: - r..A - - _ ■ 111F. { - n .. ?, �+ .., r ram■•' -: 3 fr,,.' , �.:.... _ - wr ^' , L' - fi - . _ - lY TIL,. s A' J •. Y � yrF .. . TTM 36817 ProjectArea Site Map W VI E Jd } City of La Quinta • Planning Division GENIgji c.DESER'E— Community Development Department 583 584 585 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 587 •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 3 588 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 -] 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: 589 590 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. 591 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. 592 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. 593 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 594 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 595 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, 596 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 597 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 598 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 599 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 600 ARCHITECTURAL AND LANDSCAPING REVIEW BOARD MINUTES WEDNESDAY, APRIL 6, 2016 CALL TO ORDER A regular meeting of the La Quinta Architectural and Landscaping Review Board was called to order at 10:06 a.m. by Principal Planner Jay Wuu. PRESENT: Board Members Kevin McCune and Ray Rooker ABSENT: Board Member Richard Gray STAFF PRESENT: Design and Development Director/City Engineer Tim Jonasson, Planning Manager Gabriel Perez, Principal Planner Jay Wuu, and Executive Assistant Wanda Wise -Latta. Board Member McCune led the Board in the Pledge of Allegiance. PUBLIC COMMENT - None CONFIRMATION OF AGENDA - Confirmed APPROVAL OF MINUTES Motion - A motion was made and seconded by Board Members McCune/Rooker to approve the Architectural and Landscaping Review Board Meeting Minutes of February 17, 2016 and the Architectural and Landscaping Review Board Meeting Minutes of March 2, 2016, as submitted. AYES: Board Members McCune and Rooker. NOES: None. ABSENT: Board Member Gray. ABSTAIN: None. Motion passed. BUSINESS SESSION 1. Site Development Permit 2016-0001 submitted by R & R Development Company LLC proposing to construct a 37,776 square -foot health and fitness facility with an outdoor aquatics area. Location: southwest corner of Jefferson Street and Fred Waring Drive. Planning Manager Gabriel Perez presented the information contained in the staff report, a copy of which is on file in the Design and Development Department. ARCHITECTURAL AND LANDSCAPING REVIEW BOARD MINUTES 1 APRIL 6, 2016 601 The project site consists of approximately 5.7 acres within the Jefferson Square shopping center consisting of 10.79 acres. The proposed fitness center site was formerly approved for a 42,500 square -foot retail hardware store within the Jefferson Square Specific Plan. Public Speaker: Brendan Kelly, Fairfield, CA - introduced himself appearing on behalf of the applicant. Discussion followed regarding the outdoor workout space, indoor pool, proposed landscape and proposed building color palette. Board recommended placing several tall vertical trees and fan palms or Washingtonia Robusta palm trees against the building to soften the visual impact Motion - A motion was made and seconded by Board Members Rooker/McCune recommending to the Planning Commission approval of Site Development Permit 2016-0001 proposing to construct a 37,776 square -foot health and fitness facility with an outdoor aquatics area with the addition of Washingtonia Robusta Palm Trees planted in the landscape area along the east building elevation. Location: southwest corner of Jefferson Street and Fred Waring Drive. AYES: Board Members McCune and Rooker. NOES: None. ABSENT: Board Member Gray. ABSTAIN: None. Motion passed. 2. Site Development Permit 2015-0005 submitted by Chandi Group, USA, proposing the construction of a 52,000 square -foot commercial development, which consists of a 6,000 square -foot gas station with convenience store/deli and 4,000 square -foot car wash facility, two 3,000 square -foot drive -through restaurant pads, and two 18,000 square -foot office/retail buildings. Project: Washington 50. Location: southeast corner of Washington Street and Avenue 50. Planning Manager Gabriel Perez presented the information contained in the staff report, a copy of which is on file in the Design and Development Department. Board discussion followed regarding the carwash; canopy over gasoline pumps; the change of one drive-thru restaurant to a sit-down restaurant; distance between Project property line and nearest home; and site elevation of Paloma project. Ms. Gabriela Marks, Architect with Marks Architects Inc., Rancho Mirage, CA - Ms. Marks introduced herself and answered the board's questions. Mr. Bill Sanchez, representing Chandi Group, Indio, CA - Mr. Sanchez introduced himself and answered the board's questions. Mr. Daniel Marks, Architect with Marks Architects Inc., Rancho Mirage, CA - Mr. Marks introduced himself. ARCHITECTURAL AND LANDSCAPING REVIEW BOARD MINUTES 2 APRIL 6, 2016 602 Public Speaker: The following speakers made general inquiries regarding the project: Jane Johnson, La Quinta - modification of plans Michael Linck, La Quinta - flood control Walt Sorenson, La Quinta - noise levels and timeline of project William Bresnahan, La Quinta - flood control, traffic Jim Tofu, La Quinta - project approval process Sandra Davis, La Quinta - (opposed) building height, security, flood control and traffic Mike Elliott, La Quinta - hydrology Stone James, Palm Desert - building height Motion - A motion was made and seconded by Board Members McCune/Rooker recommending to the Planning Commission approval of Site Development Permit 2015-0005 as submitted with staff's recommendations. AYES: Board Members McCune and Rooker. NOES: None. ABSENT: Board Member Gray. ABSTAIN: None. Motion passed. CORRESPONDENCE AND WRITTEN MATERIAL - None REPORTS AND INFORMATIONAL ITEMS - NONE BOARD MEMBER ITEMS - NONE ADJOURNMENT There being no further business, a motion was made and seconded by Board Members McCune/Rooker to adjourn this meeting at 11:20 a.m. AYES: Board Members McCune and Rooker. NOES: None. ABSENT: Board Member Gray. ABSTAIN: None. Respectfully submitted, WANDA WISE-LATTA, Executive Assistant City of La Quinta, California ARCHITECTURAL AND LANDSCAPING REVIEW BOARD MINUTES 3 APRIL 6, 2016 603 604 PLANNING COMMISSION MINUTES TUESDAY, MAY 2412016 CALL TO ORDER A regular meeting of the La Quinta Planning Commission was called to order at 6:02 p.m. by Chairperson Wilkinson. PRESENT: Commissioners Bettencourt, Blum, Fitzpatrick, and Chairperson Wilkinson ABSENT: Commissioner Wright STAFF PRESENT: Planning Manager Gabriel Perez, Assistant City Attorney Michelle Molko, Principal Planner Jay Wuu, Principal Engineer Bryan McKinney, Executive Assistant Wanda Wise -Latta, Deputy City Clerk Monika Radeva, and Management Assistant Carla Triplett Commissioner Blum led the Commission in the Pledge of Allegiance. PUBLIC COMMENT - None CONFIRMATION OF AGENDA Commissioner Fitzpatrick requested that Public Hearing Item No. 2 be moved to No. 1. The Commission concurred. Motion - A motion was made and seconded by Commissioners Blum/Fitzpatrick to confirm the agenda as amended. AYES: Commissioners Bettencourt, Blum, Fitzpatrick, and Chairperson Wilkinson. NOES: None. ABSENT: Commissioner Wright. ABSTAIN: None. Motion passed. APPROVAL OF MINUTES 1. Approval of the minutes of May 10, 2016. Motion - A motion was made and seconded by Commissioners Blum/Bettencourt to approve the Planning Commission Minutes of May 10, 2016 as submitted with the following amendment to page three, paragraph four and read as follows: PLANNING COMMISSION MINUTES 1 MAY 24, 2016 605 Amendment to the Condition of Approval No. 77 of the Site Development Permit to read, "Applicant shall incorporate a pedestrian pathway that provides access from the driveway to the front door of each of the homes." Motion passed. PUBLIC HEARINGS Item order was rearranged per the Commission's request. 1. Conditional Use Permit 2015-0003 submitted by Verizon Wireless proposing the placement of a 60-foot tall monopalm wireless telecommunication tower and mechanical equipment at Fritz Burns Park. Project Name: Verizon Wireless - Chihuahua. CEQA: 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 and Section 15303 (CLASS 3) for new construction or conversion of small structures. Location: 78- 060 Francis Hack Lane. Principal Planner Jay Wuu stated that staff recommended that the Commission continue the consideration of Conditional Use Permit 2015-0003 to the June 14, 2016 Planning Commission meeting to allow for additional time for lease negotiations between the applicant and the property owner. Chairperson Wilkinson declared the PUBLIC HEARING OPEN at 6:08 p.m. Commissioner Bettencourt asked that it be noted in the record that his wife is affiliated with a local real estate agency in La Quinta and has represented homes for sale in The Tradition, but not within 500 feet of the proposed wireless telecommunication tower. Public Speaker: None Motion - A motion was made and seconded by Commissioners Bettencourt/Fitzpatrick to continue Conditional Use Permit 2015-0003 submitted by Verizon Wireless to the June 14, 2016 Planning Commission meeting. AYES: Commissioners Bettencourt, Blum, Fitzpatrick, and Chairperson Wilkinson. NOES: None. ABSENT: Commissioner Wright. ABSTAIN: None. Motion passed. 2. Tentative Tract Map 36817 (TTM 2014-1004) submitted by Essi Shahandeh proposing to subdivide approximately 4.6 acre site into ten residential lots. CEQA: Exempt from Environmental Review pursuant to Section 15332 (Class 32) of the California Environmental Quality Act in that the proposed project can PLANNING COMMISSION MINUTES 2 MAY 24, 2016 DID be characterized as in -fill development. Location: Monroe Street, between Avenue 54 and Airport Boulevard. Principal Planner Jay Wuu presented the information contained in the staff report, a copy of which is on file in the Design and Development Department. Principal Planner Wuu noted that the staff report stated if tract homes were proposed, the project would go before the Architectural and Landscaping Review Board (ALRB) and Planning Commission for Site Development Permit (SDP) review. He stated that given the recently approved Development Code Tune Up and the efforts to streamline processes and permits, tract home review of Site Development Permits would be approved by the Design and Development Director with a cursory review by the Architectural and Landscaping Review Board. He also noted that a SDP for architectural plans would not come back to the Planning Commission as currently written in Municipal Code; however, the Commission could add a Condition of Approval that states that any future tract development for the site shall come back to the Planning Commission for review. Staff addressed the Commission's questions regarding the proposed community gate and turnaround area; zoning requirement for the perimeter block wall; public and private easement rights; the differences in the submittal process between production homes and custom homes; the existing equestrian overlay zone with regards to the site and lot sizes; landscaping along the buffer zone; and potential home and lot sizes. Assistant City Attorney Molko responded to the Commission's questions regarding the Subdivision Map Act. Chairperson Wilkinson and Commissioner Fitzpatrick stated that they individually visited the site and met with Mr. Ziegler. Commissioner Bettencourt stated he also visited the site. Chairperson Wilkinson declared the PUBLIC HEARING OPEN at 6:41 p.m. Public Speaker: Benjamin Egan, Palm Desert, CA - introduced himself as the developer's representative and as a civil engineer. Mr. Egan thanked the Commission and staff for their consideration of the matter before them. He discussed the applicant's efforts to talk to the neighbors. Mr. Egan stated that they have talked to the Ziegler's, numerous emails have been exchanged, and there have been discussions between the parties' legal counsel regarding conditions to assure that the Ziegler's' access is secured. Additionally, Mr. Egan stated that the applicant has provided stubbing of water and sewer utilities to the east to service the Ziegler's property should they wish to do future PLANNING COMMISSION MINUTES 3 MAY 24, 2016 .11 development. With regards to the neighbors to the north, Mr. Egan stated he understood their desires and concerns about their views; they have had discussions regarding the zoning requirements; preservation of existing palm trees along the north side of the site; and engineering analysis of the existing block wall which indicates that the wall cannot sustain additional courses being added without having to be fully reconstructed with new footings. Public Speaker: Rick Morris, La Quinta, CA - Mr. Morris thanked staff for their efforts and leadership regarding the proposed project. Public Speaker: Tom Brohard, La Quinta, CA - introduced himself and stated he serves on the Board for the Estates of La Quinta. He said that the Commission had been provided letters from residents at the Estates of La Quinta; of which, twelve were opposed and two were neutral. Mr. Brohard shared his opposition to the project. Mr. Brohard stated his concerns regarding meetings with the developer and their lack of response to the concerns expressed by the residents of the Estates of La Quinta; privacy issues; wall height between the proposed project and the Estates at La Quinta; relocation of date palms; lack of a landscape buffer along the north side of the project; security concerns with regards to the entrance gate; lack of pad elevations for the Estates of La Quinta; traffic concerns on Monroe Street ; proposed lot sizes within the site; open space and retention basins within the proposed project; street width and parking along the north side street. Public Speaker: Lisa Hogikyan, La Quinta, CA - Introduced herself and shared her opposition to proposed development and stated her concerns regarding the loss of privacy and the loss of the landscaped buffer. Public Speaker: Roy Ziegler, La Quinta, CA - Introduced himself and stated that he represented his mother who lives to the west of the proposed project. Mr. Ziegler shared his concerns regarding the proposed project's percentage of open space and its placement; why the developer was not required to do a planned unit development (PUD); on -street parking and street width; cars stacking on Monroe Street when waiting at the entry gate; lack assurance as to when improvements and project would be completed and the proposed lot sizes. Mr. Ziegler stated that he asked Mr. Egan if he would broker a conversation between himself and the applicant and Mr. Ziegler did not hear from Mr. Egan. Mr. Ziegler stated he is opposed to the project as it exists currently. Public Speaker: Rick Morris, La Quinta, CA - Mr. Morris addressed the concerns regarding raising the height of the perimeter wall along the north side of the proposed project and landscaping issues. He stated that an effort was made to match the existing landscaping and to try to save as much of the existing PLANNING COMMISSION MINUTES 4 MAY 24, 2016 r." landscaping as possible. Mr. Morris said they did not receive an invitation to nor were they aware of the September 1, 2015 meeting.. Mr. Morris stated that he feels the project fits into the surrounding area and feels they have satisfied the Ziegler's concerns regarding access to their home. Mr. Morris provided clarification regarding the proposed vehicular and pedestrian gates with regards to security and open space; and clarification regarding the width of the sidewalk along Monroe Street. Staff provided clarification regarding the top of curb calculations and contouring related to several lots within the proposed site and in the adjacent subdivision to the north. Commission discussion followed regarding the impact of the top of curb calculations and contouring with regards to the existing landscaping along the north side of the site; the impact of the irrigation system and trenching requirements in the same area; and the impact of the construction and installation of utilities with regards to the existing landscaping. Staff noted that in addition to a grading permit, the applicant would be required to obtain an encroachment permit for the 40-foot easement section where the road is and would tie the applicant to a one-year time period to complete the grading, remove existing asphalt and install new improvements. Staff stated the applicant would also required to post a restoration bond such that if they were to walk away from the project, the City would have funds in place to reconstruct the road over the easement area as an incomplete roadway would be considered a health and safety issue. Assistant City Attorney Molko reminded the Commission that what is before the Commission is the actual subdivision of the property and that the landscaping plan is a step in the process that would occur at a later time. She stated that in the current revised Municipal Code, the landscaping plan would be approved at the staff level and would not come before the Planning Commission; however, the Planning Commission could request that it instead come to the Planning Commission. Public Speaker: Roy Ziegler, La Quinta, CA - Mr. Ziegler stated he had a conversation with the applicant regarding the removal of property belonging to the Ziegler's from the site as the applicant was going to be starting grading. Mr. Ziegler expressed his concerns regarding the encroachment permit process; the submittal of the street improvement plans; and his mother's future security and access to her property. Mr. Ziegler also clarified his involvement with the Monterra Estates development. PLANNING COMMISSION MINUTES 5 MAY 24, 2016 .l• Public Speaker: Rick Morris, La Quinta, CA - Mr. Morris addressed a Commissioner's question regarding ownership of the property and stated that he owned the property and was on the title as were Manuel Abarca and their spouses. Chairperson Wilkinson declared the PUBLIC HEARING CLOSED at 7:43 p.m. Commissioner Blum complimented the Estates in La Quinta, but stated that the other three developments are more in keeping with the area and that the lot sizes of the proposed tract are consistent and congruous with other developments in the area. Commissioner Bettencourt said that the General Plan designation for the property and the zoning is not in question. He stated that staff has tailored the Conditions of the subdivision to keep within the confines of the ordinance and the details that are personal to the tract. Commission Bettencourt stated he would like to see a comprehensive landscape plan and a fence and wall plan come back to the Planning Commission with an Architectural and Landscaping Review Board recommendation. Chairperson Wilkinson said that if there are questions regarding the open space and landscaping and the Commission moves forward, there is no variable in terms of adjusting spaces as the map will have been approved. He said he is concerned about the space and the fact that the Commission will not get a look at the plans unless it is conditioned as such. Assistant City Attorney Molko stated that as the Code is setup currently and having been recently revised, it streamlined the processes and would not come to the Planning Commission. She stated that with regards to what was presented to the Commission in terms of open space, it does meet the minimum requirements provided in the Code. Commissioner Fitzpatrick stated her concern regarding approval of the tract map which would allow the project to go to grading and a long period of time could pass before those who are impacted and who have legal right to the easement are made whole. She also shared her concern regarding the lack of landscape plans and would have liked to have seen the project come in under the new streamlined Development Code as a PUD. Staff provided clarification regarding the placement of picnic tables on the layout rendering. Assistant City Attorney Molko stated that the layout before the Commission is a general rendering and not a final rendering. She also stated that the PLANNING COMMISSION MINUTES 6 MAY 24, 2016 610 subdivision, lot sizes, location of the roads and those types of things are what is before the Commission. She stated that with regards to r the roadway there are three different property interests. She said that one is the underlying landowner who is the developer asking for the approval and they have the underling fee ownership rights and there are two other easements. She said the City's easement is superior to the other private property owner easement because of the timing in which the easements were provided and the City's easement is for a public right-of-way over this area of the roadway. She said the private property owner to the west, the Ziegler's, have a junior easement to the City's that provides for roadway access. She said there is a relationship between the developer and the City and between the developer and the Ziegler's that the City is not a part of and that is the access easement. She said all of the conditions have been based on the City's property rights as far as the easement in the public right-of-way and not necessarily the adjacent property owner's rights for the easement over that access route. S The City's direct responsibility is related to the City's interest. Blum asked if there is a way to assure the Ziegler's access to their property during construction. Staff stated that there is a condition that requires the applicant to provide a temporary access road that meets fire department standards while the original access is being worked on. Bettencourt stated that the process would be well served by the Commission's review of a comprehensive landscaping plan including a fence and wall plan at a Planning Commission public hearing and would like to see such a condition added whether the single-family homes are custom built or tract built. Chairperson Wilkinson recessed the meeting for a five minute break. Chairperson Wilkinson reconvened the meeting at 8:38 p.m. with all members present (Commissioner Wright absent). Assistant City Attorney Molko stated that the Planning Commission could, if it desired, specify as a condition of approval that landscaping and architectural plans could come back to the Commission at a public hearing in conjunction with a Site Development Permit. Staff said that the condition stating that the "Site Development Permit consisting of architectural and landscaping plans shall be reviewed and approved at a duly noticed public hearing by the Planning Commission" would be added and noted that the landscaping plans would include fencing and wall PLANNING COMMISSION MINUTES 7 MAY 24, 2016 611 plans that are called out as part of the tract map and would not include the existing northern wall. Motion - A motion was made and seconded by Commissioners Bettencourt/Blum to adopt Planning Commission Resolution No. 2016-0008 recommending to the City Council approval of Tentative Tract Map 36817 (TTM 2014-1004) as submitted by staff, and the addition of the following condition: "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." AYES: Commissioners Bettencourt, Blum, Fitzpatrick, and Chairperson Wilkinson. NOES: None. ABSTAIN: None. ABSENT: Commissioner Wright. Motion passed unanimously. BUSINESS SESSION - None COMMISSIONER ITEMS - None STAFF ITEMS - Planning Manager Gabriel Perez stated that applications are being accepted for the Planning Commission and the deadline to apply is May 30, 2016. The selection process will be at a Special Council Meeting on June 8, 2016. Planning Manager Perez stated the City Council at its May 3, 2016 meeting upheld the appeal by Mr. George. Bushala for the Tentative Parcel Map due to two new justifications which were presented to the City Council that was not presented to the Planning Commission and is allowable under the Municipal Code. The new justifications were that the Tentative Parcel Map was not processed according to what is required in the General Plan as a cultural resource study was not prepared for the vacant land and dimensions for each of the parcels were not identified in the Tentative Parcel Map as required by the standards in the subdivision code that requires those dimensions be provided on the map. He said that the Council direction was to refer the Tentative Parcel Map back to a Director's Hearing for the two items to be addressed. Planning Manager Perez stated that the Conditional Use Permit 2015-0003 submitted by Verizon Wireless which was continued and the Water Efficient Landscape Ordinance will be brought before the Commission at it June 14, 2016 meeting. PLANNING COMMISSION MINUTES 8 MAY 24, 2016 612 Planning Manager Perez provided an update to the Commission regarding the first weekly report of the Staff Level Decisions as part of the due process procedures as a result of the Code Tune Up. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Blum/Fitzpatrick to adjourn this meeting at 8:46 p.m. AYES: Commissioners Bettencourt, Blum, Fitzpatrick, and Chairperson Wilkinson. NOES: None. ABSTAIN: None. ABSENT: Commissioner Wright. Motion Passed. Respectfully submitted, WANDA WISE-LATTA, Executive Assistant City of La Quinta, California PLANNING COMMISSION MINUTES 9 MAY 24, 2016 613 614 PLANNING COMMISSION MINUTES TUESDAY, JUNE 14, 2016 CALL TO ORDER A regular meeting of the La Quinta Planning Commission was called to order at 5:58 p.m. by Vice Chairperson Bettencourt. PRESENT: Commissioners Blum, Fitzpatrick, Wright and Vice Chairperson Bettencourt ABSENT: Chairperson Wilkinson STAFF PRESENT: Planning Manager Gabriel Perez, Principal Planner Jay Wuu, Executive Assistant Wanda Wise -Latta, Management Assistant Carla Triplett, and Office Assistant Carley Votaw. Commissioner Wright led the Commission in the Pledge of Allegiance. PUBLIC COMMENT - None CONFIRMATION OF AGENDA- Confirmed PUBLIC HEARINGS 1. Continued from May 24, 2016 - Conditional Use Permit 2015-0003 submitted by Verizon Wireless proposing the placement of a 60-foot tall monopalm wireless telecommunication tower and mechanical equipment at Fritz Burns Park. Project: Verizon Wireless - Chihuahua. CEQA: 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 and Section 15303 (Class 3) for new construction or conversion of small structures. Location: 78-060 Francis Hack Lane. Principal Planner Jay Wuu presented the request by the applicant to continue the item to the July 12, 2016 Planning Commission meeting. Vice Chairperson Bettencourt declared the PUBLIC HEARING OPEN at 6:08 p.m. Motion - A motion was made and seconded by Commissioners Fitzpatrick/Blum to continue Conditional Use Permit 2015-0003 submitted by Verizon Wireless to the July PLANNING COMMISSION MINUTES 1 JUNE 14, 2016 615 12, 2016 Planning Commission meeting. AYES: Commissioners Blum, Fitzpatrick, Wright and Vice Chairperson Bettencourt. NOES: None. ABSENT: Chairperson Wilkinson. ABSTAIN: None. Motion passed. 2. Zoning Ordinance Amendment 2016-0002 submitted by the City of La Quinta proposing to amend Title 8, Chapter 13, of the La Quinta Municipal Code (Water Efficient Landscaping). CEQA: exempt from environmental review pursuant to Section 15061(B)(3), Review for Exemptions - General Rule. Planning Manager Gabriel Perez presented the information contained in the staff report, a copy of which is on file in the Designs and Development Department. Vice Chairperson Bettencourt declared the PUBLIC HEARING OPEN at 6:18 p.m. Public Speaker: Julie Kretz, Water Management Specialist, Coachella Valley Water District - Introduced herself and answered the Commission's questions regarding the whether the proposed ordinance amendment met the State of California's guidelines and standards, the inclusion of the water metrics during the plan check process, irrigation with non -potable and well water, adherence to submitted plant palettes with an emphasis on maintenance and irrigation Commission stated that they would like to see the City adopt a stricter adherence to the approved plant palettes and the utilization of low maintenance and low water usage -type plants; Public Speaker: Julie Kretz, Water Management Specialist, Coachella Valley Water District (CVWD) - addressed the Commissions questions regarding older developments with lush perimeter landscaping and stated that the tiered water rates will financially impact those developments. Ms. Kretz stated that for those plans submitted to and approved by CVWD more than a year ago and where construction has not occurred, those plans are no longer valid and would require resubmittal to CVWD and new plans must meet the standards of CVWD's new ordinance. Public Speaker: Katie Barrows, Coachella Valley Association of Governments - introduced herself and congratulated those involved valley wide effort regarding in the implementation of new water ordinances. Vice Chairperson Bettencourt declared the PUBLIC HEARING CLOSED at 6:30 p.m. Motion - A motion was made and seconded by Commissioners Wright/Fitzpatrick to approve Resolution 2016-009. AYES: Commissioners, Blum, Fitzpatrick, Wright and Vice Chairperson Bettencourt. NOES: None. ABSENT: Chairperson Wilkinson. ABSTAIN: None. Motion Passed. PLANNING COMMISSION MINUTES 2 JUNE 14, 2016 BUSINESS SESSION - None COMMISSIONER ITEMS Commission requested that staff provide metrics regarding how often Phase One Archeological Studies on land development applications have been applied and as a result, was consequential archeological findings revealed. Commission requested staff look into the existence of the current Equestrian Overlay Zones in existing and proposed subdivisions where horse keeping is inappropriate and raises the potential for conflicts by those who might claim land use rights. Commission suggested, in the interest of efficiency, that they explore the possibility of a comprehensive review of development agreements by the Planning Commission in which the developer/applicant/owner of the rights under the development agreement provide to the Commission a yearly report of their performance. Commission asked staff for clarification regarding the process of rough inspections prior to a final inspection with regards to landscaping and the issuance of a Certificate of Occupancy. Staff stated that prior to issuing a Certificate of Occupancy there is an inspection of the landscape improvements. Staff will investigate and provide further information to the Commission regarding what processes are in place to assure that the developer has complied with the approved landscaping improvements. STAFF ITEMS Staff provided an update on the recent Commission and Board Appointments by the City Council at their Special Meeting on June 8, 2016 and stated that Mr. Paul Quill was appointed to the Planning Commission. The additional vacancy to the Planning Commission will be addressed at the June 21, 2016 Council meeting. One appointment was made to the Architecture and Landscaping Review Board and a vacancy still remains as there was only one applicant. Staff discussed with the City Attorney a previous inquiry regarding the Equestrian Overlay and the City Attorney stated that the Equestrian Overlay could remain. Staff stated that if there is Commission interest, the subject can be agenized for a future Planning Commission meeting and the City Attorney has offered to be part of the discussion. Staff will provide an update to the Planning Commission and City Council in September regarding citywide Development Agreements. PLANNING COMMISSION MINUTES 3 JUNE 14, 2016 617 Staff stated that a case will be coming before the Planning Commission and City Council to consider an amendment to the General Plan with regards to requirements of a phase 1 Cultural Resource Report for projects on vacant land. Commission requested an update in the near future regarding how the City will interface with the La Quinta Historical Society on maintaining an overview of properties that come up for permits and that may or may not require a historical assessment. Commission shared concerns regarding the reviewing and approval of demolition permits now that the Historical Preservation Commission's role has been removed. Staff stated that the City's historically surveyed properties will be flagged through the City's TRAKiT permitting software. This process is anticipated to be completed this summer. Staff has been in discussions with the Historical Society regarding establishing criteria that the Society would like to see in place in terms of reviewing permits. Commission stated they would like to give the Historical Society the opportunity to photographically document these structures before they are altered. Staff stated that the Historic Preservation Ordinance is intact and the Development Code Tune-up only removed the Historical Preservation Commission's role and the Planning Commission now has more of a role in evaluating the environmental impacts for projects. The role to designate landmarks within the City lies with the Commission and Council. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Wright/Fitzpatrick to adjourn this meeting at 6:55 p.m. AYES: Commissioners Blum, Fitzpatrick, Wright and Vice Chairperson Bettencourt. NOES: None. ABSTAIN: None. ABSENT: Chairperson Wilkinson. Motion Passed. Respectfully submitted, Lk)aw-te, 0,4& -h,,7,- WANDA WISE-LATTA, Executive Assistant City of La Quinta, California PLANNING COMMISSION MINUTES 4 JUNE 14, 2016 618 PLANNING COMMISSION MINUTES TUESDAY, JUNE 28, 2016 CALL TO ORDER A regular meeting of the La Quinta Planning Commission was called to order at 6:00 p.m. by Chairperson Wilkinson. PRESENT: Commissioners Bettencourt, Blum, Fitzpatrick, Wright and Chairperson Wilkinson ABSENT: None STAFF PRESENT: Planning Manager Gabriel Perez, Principal Planner Jay Wuu, Associate Planner Carlos Flores, Principal Engineer Bryan McKinney Executive Assistant Wanda Wise -Latta, Management Assistant Carla Triplett, and Office Assistant Carley Votaw Commissioner Wright led the Commission in the Pledge of Allegiance. PUBLIC COMMENT - None CONFIRMATION OF AGENDA- Confirmed APPROVAL OF MINUTES 1. Approval of the minutes of June 14, 2016. Motion - A motion was made and seconded by Commissioners Wright/Blum to approve the Planning Commission Minutes of June 14, 2016 as submitted with the following amendment to page 2, paragraph 6: Commissioner Wright stated his concern regarding the installation of landscaping not adhering to the approved Landscape Plan. AYES: Commissioners, Bettencourt, Blum, Fitzpatrick, and Wright. NOES: None. ABSENT: Chairperson Wilkinson. ABSTAIN: Chairperson Wilkinson. Motion Passed. PLANNING COMMISSION MINUTES 1 JUNE 28, 2016 619 PUBLIC HEARINGS 1. Site Development Permit 2016-0003 submitted by VTL Palizada, LLC for the consideration of two recreational areas, landscaped common areas, walls, and entry gates within a proposed 320 residential lot development, Tracts 31732 and 31733, on approximately 78 acres. Project: Bellaseno. CEQA: adheres to previously approved Mitigated Negative Declarations for Environmental Assessment 2003-492 and 2003-493; no further analysis is required. Location: southeast corner of Monroe Street and Avenue 60. Planning Manager Gabriel Perez introduced Associate Planner Carlos Flores who presented the staff report, a copy of which is on file in the Design and Development Department. Commissioner Bettencourt asked for clarification from staff regarding whether the applicant was responsible for the Monroe Street median. Staff said that the applicant is responsible for one half of the Monroe Street median, but are conditioned to construct the Monroe Street median and will receive funds from Trilogy to cover the other half of the median south of Avenue 60 to the next adjacent development. A reimbursement agreement will be drafted to provide the funds from Trilogy to this developer. Commissioner Bettencourt asked staff to explain to the Commission the utilization of an existing Environmental Assessment for this tract that is somewhat dated and asked how the Commission is exempted from addressing issues such as greenhouse gases regarding the determination before the Commission. Staff stated that the CEQA document for this project was approved in 2005 prior to a requirement addressing greenhouse gases and at the time the CEQA document was prepared it evaluated air quality, but as part of air quality some greenhouse gases were analyzed and it wasn't analyzed in a separate section like is done today. Staff noted that the City Attorney was consulted and a legal precedent exists for not including a greenhouse gas analysis in the original CEQA document and it does not require a new Mitigated Negative Declaration or additional analysis. Staff said the City Attorney was comfortable moving forward with this project under the existing CEQA document. Commissioner Bettencourt asked if the proposed landscaping meets the recently considered Landscape Ordinance that was recently considered by the Commission. PLANNING COMMISSION MINUTES 2 JUNE 28, 2016 620 Staff stated that the landscaping material will be analyzed by staff with regards to aesthetics and CVWD will analyze the water efficiency of the landscaping material. The proposed landscaping utilizes as little turf as possible and is consistent with the City's existing ordinance. Commissioner Fitzpatrick noted that some of the non-native plants included in the plant palette, although they are water efficient varieties of the plants, they are not native to the desert. The Carissa is not a native plant. Staff stated that there are a few trees that CVWD identifies as meeting the threshold and citrus trees may not meet the water efficiency requirement of the Landscape Ordinance and the Commission may wish to look at more suitable alternatives to the citrus tree or any other inefficient tree. Staff addressed Commissioner Bettencourt's questions regarding consistency of the proposed onsite lighting and stated that the proposed lighting is completely consistent with the City's outdoor lighting requirements per the Municipal Code. It was also noted by staff that the Architectural and Landscaping Review Board recommended adding additional accent lighting along the trails. Staff addressed Commissioner Fitzpatrick's concerns regarding assurance that when the Final Landscaping Plan is submitted that staff assures that the plants are consistent with the plant palette and meet the water efficiency requirements set by CVWD. Commissioner Wright commended the developer for its plant palette and stated that he hoped the landscaping will be planted according to the approved plant palette. Chairperson Wilkinson declared the PUBLIC HEARING OPEN at 6:25 p.m. Public Speaker: Leslie Locken, Bermuda Dunes, CA - introduced herself and stated that she is the Project Manager for Palizada and is with the Rilington Group. Public Speaker: Sarah Jimenez, Indio, CA - introduced herself and stated that she is with RGA Landscape Architects. Ms. Jimenez addressed the Commission's concerns regarding the retention basins in the south tract of the proposed project and described the proposed landscaping, trails, shade trees, use of native hydro seed, drainage with regards to the retention basins and surrounding areas; and unguarded entrance gates and gate access. Staff addressed the Commission's question with regards to the median noting that generally the median is turned over to the City after the one year warranty PLANNING COMMISSION MINUTES 3 JUNE 28, 2016 621 and the perimeter landscaping is maintained by the developer and is accepted into the Landscape and Lighting District. Public Speaker: Sarah Jimenez, Indio, CA - Ms. Jimenez responded to the Commission's question with regards to the hydro seed plan and the seed mix. Public Speaker: Judith Collins, La Quinta, CA - introduced herself and stated she is a resident at Trilogy. She shared her concerns regarding the height of the towers and potential for flooding at the Split Rock Gate at Trilogy during heavy rains due to the configuration of the surrounding area. Staff stated that the height of the towers is 18 feet 8 inches and that with regards to the drainage concern, the developer is responsible for the street drainage related to the half width of the street adjacent to the development and stated it would be engineered to a 100-year flood standard. Chairperson Wilkinson declared the PUBLIC HEARING CLOSED at 6:37 p.m. Commissioner Bettencourt said he supported staffs recommendation. Commissioner Fitzpatrick stated that it is acceptable to her to have the 'resolution amended allowing staff to make the final determination on the plant palette and would like to see an annotation indicating that the landscaping for the retention basins in the southern tract mimic the landscaping for the retention basins in the northern tract. She also stated that her preference is not to see lighting installed along DG pathways. Commissioner Wright said he would like to see a comprehensive list of what will be in the hydro seed mix and concurred with Commissioner Fitzpatrick regarding the lighting of DG pathways. Staff requested Commission direction regarding the Final Perimeter Landscaping Plan as to whether the Commission would like the plan to come back to the Commission or be reviewed by the Architectural and Landscaping Review Board. The Commission concurred and directed staff to bring the Perimeter Landscaping Plan back to the Planning Commission at a future date. Motion - A motion was made and seconded by Commissioners Fitzpatrick/Bettencourt to approve Resolution 2016-009 recommending approval of Site Development Permit 2016-0003 with staffs recommendations, and with the addition of the following conditions: PLANNING COMMISSION MINUTES 4 JUNE 28, 2016 622 1. The final decision on the plants in the Landscaping Plan as submitted will be made at the staff level, 2. Planning Commission will review and recommend for approval at a later date the Perimeter Landscaping Plan; 3. Condition 48 which requires the accent light along the pathways is to be removed from the resolution; and 4. There will be a notation on the landscaping plans that the retention basin landscaping in the southerly tract will mimic the design of the retention basin landscaping in the northerly tract. AYES: Commissioners Bettencourt, Blum, Fitzpatrick, Wright and Chairperson Wilkenson. NOES: None. ABSENT: None. ABSTAIN: None. Motion passed unanimously. Commission Blum thanked the applicant for their efforts. BUSINESS SESSION - None COMMISSIONER ITEMS Commissioner Wright said he would like to recognize and thank Chairperson Robert Wilkinson for his ten years of service to the City of La Quinta on the Planning Commission. Chairperson Wilkinson thanked staff for their efforts during his tenure on the Planning Commission. STAFF ITEMS Planning Manager Perez stated that it is possible that SilverRock may come before the Planning Commission in August and staff will send an email inquiring about vacation plans that the Commissioners might have in place. The Commission indicated that most of them would be available in August. Planning Manager Perez announced that at the June 21 Council Meeting, Commissioner Wright was reappointed to the Planning Commission, new Commissioner Paul Quill's term will begin on July 1 and there will be an item on the July 12 Planning Commission agenda regarding the selection of officers. He also noted that the Council discussed potential consolidation of the ALRB with the Planning Commission. PLANNING COMMISSION MINUTES 5 JUNE 28, 2016 623 Planning Manager Perez noted that at the last Planning Commission meeting the Commission had questions regarding landscape plans and what plants are installed at the project site and if they match the approved plans. He said that there have been discussions regarding streamlining the landscape review process; possibly utilizing existing inspectors who are familiar with landscape plant palettes and irrigation; and utilizing a currently contracted landscape architect who is familiar with the landscape water efficient ordinance and who could provide an additional professional review of the landscape plans. Landscape plans would still be review by the ALRB. Commissioner Blum stated that he would like to see some methodology put in place to verify that the developer is planting those plants that are on the approved landscaping plan and is still interested in hearing how the theatre performed with regards to the landscape plan and what was actually planted. Planning Manager Perez stated that there have been some discussions regarding potentially having the landscape architect who prepares the plans provide a certification of what was installed at a project site. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Wright/Blum to adjourn this meeting at 6:59 p.m. AYES: Commissioners Bettencourt, Blum, Fitzpatrick, Wright and Chairperson Wilkinson. NOES: None. ABSTAIN: None. ABSENT: None. Motion Passed. Respectfully submitted, WANDA WISE-LATTA, Executive Assistant City of La Quinta, California PLANNING COMMISSION MINUTES JUNE 28, 2016 624