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2008 02 05 CC6x# 114 #adja City Council agendas are available on the City's web page @ www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting TUESDAY, FEBRUARY 5, 2008 3:00 P.M. Closed Session / 4:00 P.M. Open Session Beginning Resolution No. 2008-004 Ordinance No. 453 CALL TO ORDER Roll Call: Council Members: Henderson, Kirk, Osborne, Sniff, and Mayor Adolph PUBLIC COMMENT 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. CLOSED SESSION NOTE:, Time permitting the City Council may conduct Closed Session discussions during the dinner recess. In addition, persons identified as negotiating parties are not invited into the Closed Session meeting when acquisition of real property is considered. 1. CONFERENCE WITH THE CITY'S REAL PROPERTY NEGOTIATOR, DOUGLAS R. EVANS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY IDENTIFIED AS APN: 600-020- 012. PROPERTY OWNER/NEGOTIATOR: PROTECH HOLDINGS 123, DAVE BIGLEY. City Council Agenda 1 February 5, 2008 RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. 4:00 P.M. PLEDGE OF ALLEGIANCE PUBLIC COMMENT 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. CONFIRMATION OF AGENDA PRESENTATIONS - NONE WRITTEN COMMUNICATIONS — NONE APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF JANUARY 15, 2008. CONSENT CALENDAR NOTE: Consent Calendar items are considered to be routine in nature and will be approved by one motion. 1. APPROVAL OF DEMAND REGISTER DATED FEBRUARY 5, 2008. 2. APPROVAL OF SECOND READING OF ORDINANCE NO. 452 AMENDING TITLE 8, CHAPTER 8.13 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE UPDATING THE CITY'S WATER EFFICIENT LANDSCAPING. 3. APPROVAL OF THE PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E), AND AUTHORIZATION TO ADVERTISE FOR BID THE HIGHWAY 111 STREET IMPROVEMENTS FROM ADAMS STREET TO JEFFERSON STREET, PROJECT NO. 2001-07A. .Ji 002 City Council Agenda 2 February 5, 2008 4. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH RBF CONSULTING TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR THE ADAMS STREET BRIDGE IMPROVEMENTS, PROJECT NO. 2006-06. 5. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP 32891, DAVID CHAPMAN, TRADITION CLUB ASSOCIATES, LLC. 6. APPROVAL OF A RATIFICATION OF A CONTRACT WITH MADISON CLUB, BY THE CITY MANAGER, FOR TRAFFIC SIGNAL INTERCONNECT ON MADISON STREET BETWEEN AVENUE 52 AND AVENUE 54. 7. ACCEPTANCE OF ONSITE AND OFFSITE IMPROVEMENTS ASSOCIATED WITH PARCEL MAP 31248, WALGREENS, EVERGREEN DEVCO, INC. 8. DENIAL OF CLAIM FOR DAMAGES FILED BY DENISE YVETTE SWEARINGEN, DATE OF LOSS: JULY 16, 2007. 9. ACCEPTANCE OF THE PERIMETER FENCE AT THE FRED WOLFF BEAR CREEK NATURE PRESERVE, PROJECT NO. 2007-17. 10. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR CITY MANAGER TO ATTEND THE LEAGUE OF CALIFORNIA CITIES 2008 CITY MANAGERS' DEPARTMENT MEETING IN LA JOLLA, CALIFORNIA, FEBRUARY 6-8, 2008. 11. APPROVAL OF PURCHASE OF ELECTRONIC CITATION SYSTEMS FROM CROSSROADS FOR THE LA QUINTA POLICE DEPARTMENT. 12. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE PLANNING DIRECTOR TO ATTEND THE AMERICAN PLANNING ASSOCIATION'S (APA) 100T" NATIONAL PLANNING CONFERENCE IN LAS VEGAS, NEVADA, APRIL 27 - MAY 1, 2008. 13. APPROVAL OF THE PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E), AND AUTHORIZATION TO ADVERTISE FOR BID THE AVENUE 52 BRIDGE IMPROVEMENTS, PROJECT NO. 2005-02, BUSINESS SESSION 1. CONSIDERATION OF THIRD QUARTER COMMUNITY SERVICES GRANTS AND FUNDING REQUESTS. A. MINUTE ORDER ACTION 003 City Council Agenda 3 February 5, 2008 2. CONSIDERATION OF LA QUINTA ARTS FOUNDATION TILES TO BE PLACED ON THE EMERGENCY OPERATION CENTER STAIRWELL WALLS. A. MINUTE ORDER ACTION 3. CONSIDERATION OF PLANNING AREAS 1 AND 2 FISCAL MITIGATION POLICY AND CONFIRMATION OF DIRECTION REGARDING DRAFT PRE - ANNEXATION DEVELOPMENT AGREEMENTS. A. MINUTE ORDER ACTION 4. CONSIDERATION TO ADOPT A RESOLUTION FOR THE HOMELESSNESS COMMITTEE'S STRATEGIC PLAN. A. RESOLUTION ACTION STUDY SESSION 1. DISCUSSION OF FUNDING OPTIONS FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 . REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (HENDERSON) 2. CITY COUNCIL AD HOC COMMITTEE REPORTS 3. CVAG COMMITTEE REPORTS 4. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (SNIFF) 5. C.V. CONSERVATION COMMISSION (SNIFF) 6. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (TERRY HENDERSON) 7. C.V. MOUNTAINS CONSERVANCY (KIRK) 8. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 9. IMPERIAL IRRIGATION DISTRICT POWER CONSUMER ADVISORY COMMITTEE (FRANK BLUM) 10. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (OSBORNE) 11. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 12. PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION & VISITORS AUTHORITY (HENDERSON) 13. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) 004 City Council Agenda 4 February 5, 2008 14. RIVERSIDE COUNTY CHILD SAFETY COMMISSION (HENDERSON) 15. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 16. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 17. SANTA ROSA/SAN JACINTO NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 18. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 19. BOB HOPE CHRYSLER CLASSIC AD -HOC COMMITTEE 20. COMMUNITY SERVICES COMMISSION MINUTES OF DECEMBER 10, 2007 DEPARTMENT REPORTS 1 . CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS 2. CITY ATTORNEY — NONE 3. CITY CLERK - NONE 4. BUILDING & SAFETY DEPARTMENT REPORT — NONE 5. COMMUNITY SERVICES DEPARTMENT REPORT — NONE 6. FINANCE DEPARTMENT REPORT - NONE 7. PLANNING DEPARTMENT REPORT — NONE 8. PUBLIC WORKS DEPARTMENT REPORT — NONE 9. POLICE DEPARTMENT REPORT — NONE 10. FIRE DEPARTMENT QUARTERLY REPORT — NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS — NONE RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. 7:00 P.M. PUBLIC COMMENT 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. PRESENTATIONS 1. PRESENTATION BY QUEEN SCHEHERAZADE AND HER COURT ON BEHALF OF THE RIVERSIDE COUNTY FAIR AND NATIONAL DATE FESTIVAL. ° 005 City Council Agenda 5 February 5, 2008 PUBLIC HEARINGS 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. If you challenge a project 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 Clerk at, or prior to the public hearing. PUBLIC HEARING TO CONSIDER AN ORDINANCE TO ESTABLISH A LOCAL DEVELOPMENT MITIGATION FEE FOR FUNDING THE PRESERVATION OF NATURAL ECOSYSTEMS, AND ADOPTION OF A RESOLUTION ADOPTING THE LOCAL DEVELOPMENT MITIGATION FEE SCHEDULE APPLICABLE TO NEW DEVELOPMENT WITHIN THE CITY IN ACCORDANCE WITH THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN. A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING B. INTRODUCE ORDINANCE NO. ON FIRST READING C. RESOLUTION ACTION ADJOURNMENT The next regular meeting of the City Council will be held on February 19, 2008, commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Veronica Montecino, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of February 5, 2008, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 1 1 1, on February 1, 2008. DATED • February 1, 2008 VERONICA J. TECINO, City Clerk City of La Qu' ta, California City Council Agenda 6 February 5, 2008 006 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, arrangement 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 City Council 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. 007 City Council Agenda 7 February 5, 2008 CITY COUNCIL TO; CITY OF LA QUINTA THE RESIDENTS OF THE CITY OF LA QUINTA LISTED BELOW RESPECTFULLY REQUEST THAT YOU CONSIDER ONE OF THE FOLLOWING OPTIONS. I DOGGIE PARK WHICH IS LARGE THAT YOU CONSTRUCT," NEW ENOUGH FOR THE DOGS TO BE ABLE TO RUN FREELY, THAT IT CONTAIN SUFFICIENT SHADE FROM THE SUN SO THAT IT MAY BE USED YEAR-ROUND, THAT THERE BE SEATING AVAILABLE FOR THE DOG OWNERS, AND A WATER FAUCET WITHIN THE AREA FOR THE DOGS' ,u 2 THAT YOU ASSIGN DESIGNATED MORNING AND AFTERNOON HOURS IN THE CIVIC CENTER PARK FOR DOG OWNERS TO ALLOW THEIR DOGS TO RUN FREELY WITHOUT A LEASH PHONE aD� L Prc- 41 7% p 1 I Fl TO; CITY COUNCIL CITY OF LA QUINTA THE RESIDENTS OF THE CITY OF LA QUINTA LISTED BELOW RESPECTFULLY REQUEST THAT YOU CONSIDER ONE OF THE FOLLOWING OPTIONS: . I. THAT YOU CONSTRUCT A NEW DOGGIE PARK WHICH IS LARGE -ENOUGH-FOR'THE DOGS TO BE ABLE TO RUN FREELY, THAT IT CONTAIN SUFFICIENT SHADE FROM THE SUN SO THAT IT MAY BE USED YEAR-ROUND, THAT THERE BE SEATING AVAILABLE FOR THE DOG OWNERS, AND A WATER FAUCET WITHIN THE `AREA FOR THE DOGS. Y OR 2. THAT YOU ASSIGN DESIGNATED,MORNING AND AFTERNOON HOURS IN THE CIVIC CENTER PARK FOR DOG OWNERS TO ALLOW THEIR DOGS TO RUN FREELY WITHOUT A LEASH NAME ADDRESS PHONE 77, 7771079 7 7( 77f' Ill 77-2�7 TO; CITY COUNCIL CITY OF LA QUINTA THE RESIDENTS OF THE CITY OF LA QUINTA LISTED BELOW RESPECTFULLY REQUEST THAT YOU CONSIDER ONE OF THE FOLLOWING OPTIONS: , 1. THAT YOU CONSTRUCT A NEW DOGGIE PARK WHICH IS LARGE - --ENOUGff-FWI'HE DOGS TO BE ABLE TO RUN FP ELY, THAT IT CONTAIN SUFFICIENT SHADE FROM THE SPIN SO THAT IT MAY BE USED YEAR-ROUND, THAT THERE BE SEATING;AVAILABLE FOR THE DOG OWNERS, AND A WATER FAUCET WITHIN THE 'AREA FOR THE DOGS. q ' . OR 2. THAT YOU ASSIGN DESIGNATED MORNING AND AFTERNOON HOURS IN THE CIVIC CENTER PARK FOR DOG OWNERS TO ALLOW THEIR DOGS TO RUN FREELY. WITHOUT A LEASH , NAME M4414 . ADDRESS �� n 77-227 PHONE IM 7-2-lsmt7 7 2 7i -2 � eA°N-�� s6Y-7y113 Yo7o --.on 1Y7; CITY COUNCIL CITY OF LA QUINTA THE RESIDENTS OF THE CITY OF LA QUINTA LISTED BELOW RESPECTFULLY REQUEST THAT YOU CONSIDER ONE OF THE FOLLOWING OPTIONS: I. THAT YOU CONSTRUCT ANEW DOGGIE PARK WHICH IS LARGE ENOUGH FOR THE DOGS TO BE ABLE TO RUN FREELYTTHAATT Y IT CONTAIN SUFFICIENT SHADE FROM THE SUN SO THAT IT BE USED YEAR-ROUND, THAT TEE BE SEATING �H ALE FOR THE DOG OWNERS. AND A WATER FAUCET AREA FOR THE DOGS. OR 2. THAT YOU ASSIGN DESIGNATED MORNING AND AFTERNOON HOURS IN THE CIVIC CENTER PARK FOR DOG OWNERS TO ALLOW THEIR DOGS TO RUN FREELY WITHOUT A LEASH T--7 t-z ,i j L 7% 'fS T3 0l f1h1, Iq l qzzra? TO; CITY COUNCIL CITY OF LA QUINTA THE RESIDENTS % T a CITY OF LA QUINTA LISTED BELOW RESPECTFULLY REQUEST THAT YOU CONSIDER ONE OF THE FOLLOWING OPTIONS: THAT YOU CONSTRUCT A NEW DOGGIE PARK WHICH IS LARGE ENOUGH FOR THE DOGS TO BE ABLE TO RUN FREELY, THAT IT CONTAIN SUFFICIENT SHADE FROM THE SUN SO THAT IT MAY BE USED YEAR-ROUND, THAT THERE BE SEATING AVAILABLE FOR THE DOG OWNERS, AND A WATER FAUCET WITHIN THE AREA FOR THE DOGS. m 2. THAT YOU ASSIGN DESIGNATED MORNING AND AFTERNOON HOURS IN THE CIVIC CENTER PARK FOR DOG OWNERS TO ALLOW THEIR DOGS TO RUN FREELY WITHOUT A LEASH NAME ADDRESS PHONE �U2 � �l�Ga� 5 3Y>D A✓� A(/.s.�w �� 95S v/fi bE to Tj k\'� ,v TO; CITY COUNCIL CITY OF LA QUINTA THE RESIDENTS OF THE CITY OF LA QUINTA LISTED BELOW RESPECTFULLY REQUEST THAT YOU CONSIDER ONE OF THE FOLLOWING OPTIONS: 1. THAT YOU CONSTRUCT A NEW DOGGIE PARK WHICH IS LARGE ENOUGH FOR THE DOGS TO BE ABLE TO RUN FREELY, THAT IT CONTAIN SUFFICIENT SHADE FROM THE SUN SO THAT IT MAY BE USED YEAR-ROUND, THAT THERE BE SEATING AVAILABLE FOR THE DOG OWNERS, AND A WATER FAUCET WITHIN THE AREA FOR THE DOGS. mvl 2. THAT YOU ASSIGN DESIGNATED MORNING AND AFTERNOON HOURS IN THE CIVIC CENTER PARK FOR DOG OWNERS TO ALLOW THEIR DOGS TO RUN FREELY WITHOUT A LEASH NAME ADDRESS -PO �/ 5 / G �� L�� r f ��=NE � r T, MM . �z6 5f6-- ( 54oga- nl,, J, t� 760 - 5ti3[�c� �'yLj 1A r�il,, -�?195 9� 3; �j -z- 343-$aBZ� -Z 7G 255 k\ 1� TO; CITY COUNCIL CITY OF LA QUINTA THE RESIDENTS OF THE CITY OF LA QUINTA LISTED BELOW RESPECTFULLY REQUEST THAT YOU CONSIDER ONE OF THE FOLLOWING OPTIONS: I. THAT YOU CONSTRUCT A NEW DOGGIE PARK WHICH IS LARGE ENOUGH FOR THE DOGS TO BE ABLE TO RUN FREELY, THAT IT CONTAIN SUFFICIENT SHADE FROM THE SUN SO THAT IT MAY BE USED YEAR-ROUND, THAT THERE BE SEATING AVAILABLE FOR THE DOG OWNERS, AND A WATER FAUCET WITHIN THE AREA FOR THE DOGS. _ OR 2. THAT YOU ASSIGN DESIGNATED MORNING AND AFTERNOON HOURS IN THE CIVIC CENTER PARK FOR DOG OWNERS TO ALLOW THEIR DOGS TO RUN FREELY WITHOUT A LEASH NAME ADDRESS PHONE c „rf S3-gSS(k�e Va, OF T19 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: February 05, 2008 BUSINESS SESSION ITEM TITLE: Demand Register Dated February 05, 2008 CONSENT CALENDAR STUDY SESSION PUBLIC HEARING RECOMMENDATION: Approve Demand Register Dated February 05, 2008 BACKGROUND: Prepaid Warrants: 76349 - 763761 202,718.68 76377 - 764051 737,597.45 76406 - 764241 104,339.06 Voids} (84,554.08) Wire Transfers} 829,270.25 P/R 34197 - 342311 409,294.26 P/R Tax Transfers} 113,408.75 Payable Warrants: 762425 - 765981 2,270,178.25 $4,582,252.62 FISCAL IMPLICATIONS: Demand of Cash -City $3,572,136.65 Demand of Cash -RDA $1,010,1 15.97 r• JU 015 John M. Falconer, Finance Director CITY OF LA QUINTA BANK TRANSACTIONS 01/09108-01/29/08 01/14/08 WIRE TRANSFER - PERS 01/14/08 WIRE TRANSFER - ICMA 01/15/08 WIRE TRANSFER - WATERCOLORS 0t/15/08 WIRE TRANSFER - WATERCOLORS 01/15/08 WIRE TRANSFER - WATERCOLORS 01/18/08 WIRE TRANSFER - WATERCOLORS 01/24/08 WIRE TRANSFER - LANDMARK 01/25/08 WIRE TRANSFER - WATERCOLORS 01/28/08 WIRE TRANSFER - PERS 01/28/08 WIRE TRANSFER - ICMA TOTAL WIRE TRANSFER OUT $54,760.27 $21,966.33 $103,000.00 $80,000.00 $40,000.00 $100,000 00 $249,906.31 $103,000.00 $54,818.07 $21,819.27 $829,270 25 ".;Ji. 016 e'nN 1 I O m O V m n O m O o \ I YJ I 0 0 O P m O d m N O P O O m 1 UQ w w fV n r P m O O I W 1- 1 O 120 1 H H M N N m r- P WNS' I u1- I O O t0 w I I > > r P a £ I 1 0 I I Oz 1 1 I I K H I I ao 1 I m W I H Z I „ C I Z H I I O Q I K KK it it it K it itK KK K F I O H I Z £ w 1 O 1 Q0= 1 00 1On 00 N,irmrdPr- mm 00 WO dd nr 00 mm o00 00 0 O I \I 00 r-Oa- 00 PmM.im�OP mm 00 �fd -�nNN 00 PP NNO 00 O u I w U I U MOPrMNM mm PP mcPm 00 O Iu.I OO Q IZH1 OO MM M NN MPM 1Q01 rr N N N N NN m m I HOI I £ I I w I I d W w I I Z 1 1 I I I I 1 �� O I 1 O O 0 WWWWWWN O O N mom N A 1 1 1 1 1 1 1 1 1 1 1 1 1 ,1 1 1 MOM 1 1 1 I t O O I 1 1 1 1 1 I I 1 1 1 1 1 1 I I 111 1 I I I I I I I I O —0 M M M M M M M•O O OC I I •O MO £ 1 Z I N N NM M �� r-M M N N NNN M M N NN �t M I ,NNNI dNI M I 01 M t I ,1 Z 1 01 1 11 I O N UI o d0 1 wwwwwwM M O O Y I u i o 00 0 0000000 O O O ONN O O N NN O 0 Z I Q I O 00 O Ooo0oo0 O O 0 Or0 O 0 n 00 0 0 a 1 1 r Mo A NMNNN Nn n N o MIN r r NN �r m I I I I I I I I I I I I I I I Im I I I 1 I I It I 1 Y I I O 00 O 0000000 O O ry 000 O O 0 00 O O I I www K I I W 1 I r 1 1 H I I I I Owwww I 1 0 An m 00000000 m m m 000 m m m mm m z I I O 00 O 0000000 O O O 000 O 0 O 00 O 0 1 O 00 O NNNNNNN O O O 000 O O O 00 O O Y I I N NN N NNNNNNN N N N NNN N N N NN N N u 1 w 1 \ \\ I \\\\\\\ \ \ \ \\\ \ \ \ \\ \ \ W 1 r I P 00 P P P P P P P P O. 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FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Adoption of Ordinance No. 452 will bring the City's Water Efficient Landscaping Ordinance into conformance with the Coachella Valley Water District's Landscape and Irrigation System Design Criteria Ordinance, and implement a new turf and water feature policy that will affect the landscaping and water use standards for all new developments including golf courses. The motion to introduce Ordinance No. 452 carried by the following vote: '-Ji 073 AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Adopt Ordinance No. 452 on second reading amending Chapter 8.13 of the La Quinta Charter and Municipal Code updating the City's Water Efficient Landscaping Ordinance; or 2. Do not adopt Ordinance No. 452 on second reading to amend the La Quinta Charter and Municipal Code; or 3. Provide staff with alternative direction. Respectfujjy submitted, Approved for submission by: Thomas P. Genovese, City Manager tju 074 ORDINANCE NO. AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE LA QUINTA MUNICIPAL CODE TITLE 8, CHAPTER 8.13, UPDATING THE CITY'S WATER EFFICIENT LANDSCAPING ORDINANCE WHEREAS, on July 19, 2007, the Governor of the State of California, Arnold Schwarzenegger, declared a State of Emergency in Riverside County due to severe and continuing drought conditions; and WHEREAS, the City Council of the City of La Quinta recognizes that the conservation of available water resources is essential to the future health and welfare of the community; and WHEREAS, the City has, from time to time, made amendments to the Municipal Code to address important issues and changes in circumstances; and WHEREAS, the Planning Commission of the City of La Quinta, California, held a duly noticed public hearing on the 11" of December, 2007, recommending approval of the proposed amendment to Title 8, Chapter 8.13, the City's Water Efficient Landscaping Ordinance; and WHEREAS, the Planning Department published a public hearing notice in The Desert Sun newspaper on December 25, 2007, as prescribed by the Municipal Code; and WHEREAS, the City Council held a duly noticed public hearing on the 15" day of January, 2008, and considered the evidence, written and oral, presented at the hearing. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of La Quinta does ordain as follows: SECTION 1. Title 8, Chapter 8.13 of the City of La Quinta Municipal Code is amended as identified in the attached Exhibit 1. SECTION 2. ENVIRONMENTAL. The Planning Department has determined that the Amendments to the Municipal Code are exempt pursuant to Section 15061(B)(3) and Section 15307 of the Guidelines for Implementation of the California Environmental Quality Act. The Ordinance will not have a negative effect on the environment in that it will result in a reduction in the City's overall water usage while allowing for the continued high quality of development in the City. tut, 075 Ordinance No. 452 Title 8, Chapter 8.13 Water Efficient Landscaping Ordinance Adopted: February 5, 2008 Page 2 SECTION 3. 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 4. LEGAL CONSTRUCTION. The provisions of this Ordinance shall be construed as necessary to effectively carry out its purposes, which are hereby found and declared to be in furtherance of the public health, safety, and welfare. SECTION 5. EFFECTIVE DATE. This Ordinance shall take full force and effect and be in force 30 days after passage. SECTION 6. PUBLICATION. The City Clerk is directed to post this Ordinance in the manner and in the time required by law. PASSED, APPROVED, and ADOPTED by the City Council of the City of La Quinta at a regular meeting thereof held on the 15`h day of January, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta California tju 076 Ordinance No. 452 Title 8, Chapter 8.13 Water Efficient Landscaping Ordinance Adopted: February 5, 2008 Page 3 ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California i.ju 077 Ordinance No. 452 Title 8, Chapter 8.13 Water Efficient Landscaping Ordinance Adopted: February 5, 2008 Page 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA 1 I, VERONICA 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. 452 which was introduced at a regular meeting on the 151h day of January, 2008, and was adopted at a regular meeting held on the 51h day of February, 2008, not being less than five 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. 2006-1 15. VERONICA MONTECINO, CMC, CityiClerk City of La Quinta, California DECLARATION OF POSTING I, VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on pursuant to Council Resolution. VERONICA MONTECINO, CMC, City Clerk City of La Quinta, California 1,.Ljf; 078 EXHIBIT 1 CHAPTER 8.13 WATER EFFICIENT LANDSCAPING AND IRRIGATION SYSTEM DESIGN Sections: 8.13.010 Purpose and Intent 8.13.020 Definitions 8.13.030 Provisions for New or Rehabilitated Landscapes 8,13.040 Provisions for Existing Landscapes 8.13.050 Appeals 8.13.060 Effective Date Chapter 8.13 WATER EFFICIENT LANDSCAPING 8.13.010 Purpose and intent. A. The purpose of this chapter is to establish effective water efficient landscape requirements for newly installed and rehabilitated landscapes. It is also the intent of this chapter to implement the requirements of the state of California Water Conservation in Landscaping Act, Statutes of 1990, Chapter 1145 (AB 325)• B. It is the intent of the city council to promote water conservation through climate appropriate plant material and efficient irrigation as well as to create a city landscape theme through enhancing and improving the physical and natural environment. (Ord. 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. t.ju 079 Ordinance No. 452 Chapter 5.13 Water Efficient Landscaping and Irrigation System Design EXHIBIT 1 "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. "Conversion faction (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 12 inches = one acre = 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. I,-Iju 080 Ordinance No. 452 EXHIBIT 1 Chapter 8.13 Water Efficient Landscaping and Irrigation System Design "Effective precipitation" or "usable rainfall" means the portion of total natural precipitation that is used by the plants. Precipitation is not a reliable source of water in the desert. "Electronic Controllers" are time clocks that have the capabilities of multi- programming, water budgeting and multiple start times. "Emission Uniformity" is a measure of how evenly drip and microspray emitters apply water. The low -quarter measurement method (EULQ) utilized in the landscape irrigation evaluation procedure is utilized for the purposes of these criteria. These criteria assume 90% DULQ for drippers, microsprays and pressure compensating bubblers. "Emitter" means drip irrigation fittings that deliver water slowly from the system to the soil. "Established landscape" means the point at which plants in the landscape have developed roots into the soil adjacent to the root ball. "Establishment period" means the first year after installing the plant in the landscape. "Estimated annual applied water use means the portion of the estimated annual total water use that is derived from applied water. The estimated annual applied water use shall not exceed the maximum applied water allowance. "Estimated total water use" means the annual total amount of water estimated to be needed to keep the plants in the landscaped area healthy. It is based upon such factors as the local evapotranspiration rate, the size of the landscaped area, the types of plants, and the efficiency of the irrigation system. The estimated annual total applied water use shall not exceed the maximum applied water allowance. "ET adjustment factor" means a factor of 0.5 that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. A combined plant mix with a site -wide average of 0.38 is the basis of the plant factor portion of this calculation. The irrigation efficiency for purposes of the ET adjustment factor is 0.75. Therefore, the ET adjustment factor (0.5) _ (0.38/0.75). iJ. 081 Ordinance No. 452 EXHIBIT 1 Chapter 8.13 Water Efficient Landscaping and Irrigation System Design "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 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. Greater irrigation efficiency can be expected from well -designed and maintained systems. "Landscape irrigation audit" means a process to perform site inspections, evaluate irrigation systems, and develop efficient irrigation schedules. "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. I..;;;, 082 Ordinance No. 452 Chapter 8.13 Water Efficient Landscaping and Irrigation System Design EXHIBIT 1 "Main line" means the pressurized pipeline that delivers water from the water meter to the valve or outlet. "Maximum applied water allowance" means for design purposes, the upper limit of annual applied water for the established landscaped area, as specified in Division 2, Title 23, California Code of Regulations, Chapter 7, Section 702. It is based upon the area's reference evapotranspiration, the ET adjustment factor, and the size of the landscaped area. The estimated applied water use shall not exceed the maximum applied water allowance. "Mined -land reclamation projects" means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975. "Mulch" means any material such as gravel, small rocks, pebbles, decorative sand, decomposed granite, bark, straw or other material left loose and applied to the soil surface for the beneficial purpose of reducing evaporation. "Native plants" means low water using plants that are indigenous to the Coachella Valley and lower Colorado Desert region of California and Arizona. "Operating pressure" means the manufacturer's recommended pressure at which a system of sprinklers, bubblers, drippers or microsprayers is designed to operate. "Overhead sprinkler irrigation systems" means those with high flow rates (pop - ups, impulse sprinklers, rotors, etc.). "Overspray" means the water which is delivered beyond the landscaped area, wetting pavements, walks, structures, or other nonlandscaped areas. "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 III (WUCOLS II1). '.tj, 083 ordinance No. 452 EXHIBIT 1 Chapter 8.13 Water Efficient Landscaping and Irrigation System Design "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 their professional organization or a person who has demonstrated knowledge and is locally recognized as qualified among landscape architects due to longtime experience. "Rain sensing device" means a system which automatically shuts off the irrigation system when it rains. "Record drawing" or "as-builts" means a set of reproducible drawings which show significant changes in the work made during construction which are usually based on drawings marked up in the field and other data furnished by the contractor. "Recreational area" means areas of active play or recreation such as sports fields, school yards, picnic grounds, or other areas with intense foot traffic. "Recreational turfgrass" means turfgrass that serves as a playing surface for sports and recreational activities. Athletic fields, golf courses, parks and school playgrounds are all examples of areas hosting recreational turfgrass. "Recreational turfgrass ET adjustment factor" means a factor of 0.82 that, when applied to reference evapotranspiration, adjusts for the additional stress of high traffic on recreational turfgrass and the higher irrigation efficiencies of long range rotary sprinklers. These are the two major influences upon the amount of water that needs to be applied to a recreational landscape. A mixed cool/warm season turfgrass with a seasonal average of 0.7 is the basis of the plant factor portion of this calculation. The irrigation efficiency of long range sprinklers for purposes of the ET adjustment factor is 0.85. Therefore, the ET adjustment factor is 0.82 = 0.7/0.85. "Recycled water," "reclaimed water" or "treated sewage effluent water" means treated or recycled waste water of a quality suitable for nonpotable uses such as landscape irrigation; not intended for human consumption. W(r 084 Ordinance No. 452 Chapter 8.13 Water Efficient Landscaping and Irrigation System Design EXHIBIT 1 "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 following ETo zone map will be used. (See map attached to the ordinance codified in this chapter.) "Rehabilitated landscape means any relandscaping 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 0.5 ET adjustment factor. "Runoff" means water which is not absorbed by the soil or landscape to which it is applied and flows from the planted area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate), when there is a severe slope or when water is misapplied to hardscapes. "Service line" means the pressurized pipeline that delivers water from the water source to the water meter. "Smart Controller" means weather based or soil moisture based irrigation controls that monitor and use information about environmental conditions for a specific location and landscape (such as soil moisture, rain, wind, the plants' evaporation and transpiration rates and, in some cases, plant type and more) to decide for themselves when to water and when not to, providing exactly the right amount of water to maintain lush, healthy growing conditions. "Soil moisture sensing device" means a device that measures the amount of water in the soil. "Soil texture" means the classification of soil based on the percentage of sand, silt and clay in the soil. "Sprinkler head" means a device which sprays water through a nozzle. "Static water pressure" means the pipeline pressure when water is not flowing. �, 085 Ordinance No. 452 Chapter 8.13 Water Efficient Landscaping and Irrigation System Design EXHIBIT 1 "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. 392 § 3 (Exh. A)(part), 2003: Ord. 220 § 1 (Exh. A)(part), 1993) 8 13 030 Provisions for new or rehabilitated landscapes. A. Applicability. 1. Except as provided in subsection (A)(3) of this section, this section shall apply to: a. All new and rehabilitated landscaping for private, public, commercial and governmental development projects that require a permit; and b. Developer -installed 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 resident homeowner -provided landscaping at single-family residences. 1.. Ordinance No. 452 EXHIBIT 1 Chapter 8.13 Water Efficient Landscaping and Irrigation System Design B. Final Landscaping Plan Submittal Package. 1 . Each Final Landscaping Plan submittal shall include the following elements, which are described in subsection C of this section. a. Water conservation concept statement; b. Calculation of the maximum applied water allowance; c. Calculation of the estimated applied water use; Cl. Calculation of the estimated total water use; e. Landscape design plan; f. Irrigation design plan; g. Grading design plan; h. Soil analysis (optional); 2. Five copies of the Final Landscaping Plan submittal conforming to this chapter shall be submitted to the city. No permit shall be issued until the city reviews and approves the landscape documentation package. Prior to preparation and submission of the Final Landscaping Plan submittal, the preliminary landscape design shall be approved by the planning commission. 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 Concept Statement. Each landscape documentation package shall include a cover sheet, referred to as the water conservation statement similar to the following example. 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. t.0 087 Ordinance No. 452 Chapter 8.13 Water Efficient Landscaping and Irrigation System Design SAMPLE WATER CONSERVATION CONCEPT STATEMENT Project Site: Case Number: Project Location: Landscape Architect/Irrigation Designer/Contractor: EXHIBIT 1 Included in this project submittal package are: (Check to indicate completion) 1. Maximum Annual Applied Water Allowance: Conventional Landscape: 100 cubic feet/year + Recreational Turfgrass Landscape: _100 cubic feet/year (if applicable) Total Maximum Annual Applied Water Allowance: 100 cubic feet/year 2. Estimated Annual Applied Water Use by Hydrozone: Turfgrass: 100 cubic feet/year Recreational Turfgrass: 100 cubic feet/year Exotic Trees/Shrubs/Groundcovers: 100 cubic feet/year Desert Plants: 100 cubic feet/year Water Features: 100 cubic feet/year Other 100 cubic feet/year 3. Estimated Annual Total Water Use: 100 cubic feet/year 4. Landscape Design Plan 5. Irrigation Design Plan Ordinance No.452 EXHIBIT 1 Chapter 8.13 Water Efficient Landscaping and Irrigation System Design 6. Grading Design Plan 7. Soil Chemical Analysis (optional) Description of Project: (Briefly describe the planning and design actions that are intended to achieve conservation and efficiency in water use.) Date: Prepared by: 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) (0.5) (LA) (0.62) where: MAWA = Maximum applied water allowance (gallons per year) ETo = Reference evapotranspiration (i.e., seventy-five inches per year) 0.6 = ET adjustment factor LA = Landscaped area (square feet) 0.62 = Conversion factor (to gallons per square foot) 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. '•U+ 089 Ordinance No. 452 EXHIBIT 1 Chapter 8.13 Water Efficient Landscaping and Irrigation System Design MAWA = (ETo) (0.5) (LA) (0.62) (75.0 inches) (0.5) (50,000 square feet) (0.62) Maximum applied water allowance = 1,162,500 gallons per year, 1,554 hundred -cubic -feet per year (billing units), 3.56 acre feet/acre per year or 42.7 inches of water per year. 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. The estimated annual total water use for each hydrozone is calculated from the following formula: EWU (hydrozones) = (ETo) (PF) (HA) (0.62)/748 (in 100 cubic feet) (IE) EWU (hydrozone) = Estimated water use (gallons per year) ETo = Reference evapotranspiration (i.e., ETo Zone 3a = seventy-five inches per year) PF = Plant factor (see definitions) HA = Hydrozone area (square feet) (0,62) = Conversion factor (IE) = Irrigation efficiency (see definitions) 748 = Conversion to billing units (one hundred cubic feet) ordinance No. 452 Chapter 8.13 Water Efficient Landscaping and Irrigation System Design EXHIBIT 1 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 subsections (C)(5)(ii), (iii) and (iv) of 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. Fire prevention needs shall be addressed in areas that are fire prone. Information about fire prone areas and appropriate landscaping for fire safety is available from the fire marshal. 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 storm water retention, irrigation storage, and/or wildlife habitat. iii. All water features shall be replenished by a non -potable water supply unless otherwise conditioned or approved by the Planning Commission. 091 Ordinance No. 452 Chapter 8.13 Water Efficient Landscaping and Irrigation System Design EXHIBIT 1 c. Landscape Design Plan Specifications. The landscape design plan shall be drawn on project base sheets at a scale that accurately and clearly identifies: Designation of hydrozones; 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 and street names; iv. Streets, driveways, walkways and other paved areas; v. Pools, ponds, water features, fences and retaining walls; vi. Existing and proposed buildings and structures including elevation, if applicable; vii. Location of all overhead and underground utilities; viii. Natural features including but not limited to rock outcroppings, existing trees and shrubs that will remain; ix. Tree staking, plant installation, soil preparation details, and any other applicable planting and installation details; x. A calculation of the total landscaped area; xi. Designation of recreational 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. 09^ Ordinance No. 452 EXHIBIT 1 Chapter 8.13 Water Efficient Landscaping and Irrigation System Design 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 8 feet in width shall not be designed with turf. Turf will be allowed in these areas only if irrigation design reflects the use of subsurface irrigation or a surface flow/wick irrigation system. iv. Turf areas irrigated with spray/rotor systems must be set back at least 24 inches from curbs, driveways, sidewalks or any other area that may result in runoff of water onto streets. An undulating landscape buffer area created by the setback shall be designed with rocks, cobble or decomposed granite and/or can be landscaped with drip irrigated shrubs/accents or covered with a suitable ground cover. V. Turf grass plantings are prohibited on slopes greater than three -to -one. Slopes steeper than three -to -one shall be planted to permanent ground covering plants adequate for proper slope protection. vi. Turf grass coverage shall be limited to no more than 50% (fifty percent) of any project's total landscaped area. 6. Irrigation Design Plan. An irrigation design plan meeting the following conditions shall be submitted as part of the landscape documentation package. a. Irrigation Design Criteria. i. Runoff and overspray. Soil types and infiltration rate shall be considered when designing irrigation systems. All irrigation systems shall be designed to avoid runoff, low -head drainage, overspray, or other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways or structures. Proper irrigation equipment and schedules, including features such as repeat cycles, shall be used to closely match application rates to infiltration rates therefore minimizing runoff. Special attention shall be given to avoid runoff on slopes and to avoid overspray in planting areas with a width less than ten feet. No overhead sprinkler irrigation systems shall be installed in median strips or islands. ii. Irrigation Efficiency. For the purpose of determining the maximum applied water allowance, irrigation efficiency is assumed to be 0.75. Mixed irrigation system types shall be designed, maintained and managed to meet or exceed an average of 0.75 efficiency. 093 Ordinance No. 452 EXHIBIT 1 Chapter 8.13 Water Efficient Landscaping and Irrigation System Design iii. Equipment. (A) Water Meters. Separate landscape water meters shall be installed for all projects except for single-family homes or any project with a landscaped area of less than twenty-five hundred square feet. (B) Smart Controllers. Smart Controllers shall be specified for all irrigation system projects. This includes climate based or sensor based controllers, which can automatically adjust for local weather and/or site conditions. (C) Valves. Plants which require different amounts of water shall be irrigated by separate valves. If one valve is used for a given area, only plants with similar water use shall be used in that area. (D) High flow (check) valves shall be installed in strategic points to prevent low -head drainage. 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. (E) Sprinkler Heads. Heads shall have application rates appropriate to the plant water use requirements within each control valve circuit. Sprinkler heads shall be selected for proper area coverage, application rate, matched precipitation rate nozzles, operating pressure, adjustment capability and ease of maintenance. Pressure compensating screens/devices shall be specified on all spray heads to reduce radius as needed to prevent overthrow onto hardscape and/or to control high pressure misting. Spray heads and rotor head stations shall be designed with consideration for worst wind conditions. Close spacing and low -angle nozzles are required in high and frequent wind areas (ETo Zone No. 4). (F) Scheduling Aids: Soil Moisture Sensing Devices. It is required that soil moisture sensing devices be installed on all turfgrass sites exceeding 1.0 acres (forty-three thousand five hundred sixty square feet) of planted area. (G) Scheduling Aids: ETo Controllers. It is recommended that ETo controllers be considered for installation on all sites. (H) Equipment in Publicly Maintained Areas. Irrigation equipment in areas which may or will be maintained by the city shall conform to specifications of the city. `tj, 09� Ordinance No. 452 EXHIBIT 1 Chapter 8.13 Water Efficient Landscaping and Irrigation System Design (1) Emitters. Emitters shall have application rates appropriate to the plant water use requirements within each control valve circuit. Emitters shall be selected for specific area coverage (individual plants), application rates, operating pressure, adjustment capability and ease of maintenance. Q Rotor Heads. Rotor type heads shall be set back a minimum of 4 feet from hardscape. (K) Bubblers and Drip Systems. The use of drip, microirrigation or pressure compensating bubblers or other systems with efficiencies of 90 percent or greater is required for all shrubs and trees. Small, narrow (less than 8 feet), irregularly shaped or sloping landscape areas shall be irrigated with drip, microspray or PC (pressure -compensating) bubbler heads. b. Recycled Water. i. The installation of recycled water irrigation systems (dual distribution systems) shall be required to allow for the current and future use of recycled water, unless a written exemption has been granted as described in the following subsection (C)(6)(b)(ii) of this section. ii. Irrigation systems shall make use of recycled water unless a written exemption has been granted by the Planning Director. iii. Recycled water irrigation systems shall be designed and operated in accordance with all local and state codes and be applicable to all of the provisions of this chapter. c. Irrigation Design Plan Specifications. Irrigation systems shall be designed to be consistent with hydrozones. The irrigation design plan shall be drawn on project base sheets. It shall be separate from, but use the same format as, the landscape design plan. The scale shall be the same as that used for the landscape design plan. The irrigation design plan shall accurately and clearly identify: Location and size of separate water meters for the landscape; ii. Location, type, and size of all components of the irrigation system, including automatic controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, and backflow prevention devices; 095 Ordinance No. 452 Chapter 8.13 Water Efficient Landscaping and Irrigation System Design EXHIBIT 1 iii. Static water pressure at the point of connection to the water supply; iv. Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (psi) for each station; v. Recycled water irrigation systems. d. Street median irrigation. i. No overhead sprinkler irrigation system shall be installed in median strips or in islands. ii. Median islands or strips shall be designed with either a drip emitter to each plant or subsurface irrigation. PC bubblers are acceptable for trees only. e. Drip Irrigation Design i. The drip system must be sized for mature -size plants. ii. The irrigation system should complete all irrigation cycles during peak use in about 12 hours. Normally, each irrigation controller should not have more than four drip stations that operate simultaneously. iii. 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 6 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 10 feet or less. iv. Proportion gallons per day per plant according to plant size. The following sizing chart is for peak water use. The low to high end of the range is according to the relative water requirements of the plants. The low end is for desert natives and the high end is for medium water use type plants. Size of Plant Gallons Per Day Large trees (over 30-foor diameter) 58+ to 97+ Medium Trees (about 18-foot diameter) 21 to 35 Small trees/large shrubs (9-foot diameter) 6 to 10 Medium shrubs (3.5-foot diameter) .8 to 1.3 �' „ ordinance No. 452 EXHIBIT 1 Chapter 8.13 Water Efficient Landscaping and Irrigation System Design Small shrubs/ground cover .5 or less v. Plants with widely differing water requirements shall be valved separately. As an example, separate trees from small shrubs and cactus from other shrubs. Multiple emitter point sources of water for large shrubs and trees must provide continuous bands of moisture from the root ball out to the mature drip line plus 20 percent of the plant diameter. 7. Grading Design Plan. Grading design plans satisfying the city/county grading ordinance and the following conditions shall be submitted as part of the landscape documentation package. a. A grading design plan shall be drawn on project base sheets. It shall be separate from but use the same format as the landscape design plan. 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, and finish grade. 8. Soil Analysis. a. A soil analysis satisfying the following conditions should be submitted as part of the landscape documentation package: i. Determination of soil texture, indicating the available water holding capacity; ii. An approximate soil infiltration rate (either) measured or derived from soil texture/infiltration rate tables. A range of infiltration rates shall be noted where appropriate; iii. Measure of pH and total soluble salts. 9. Certification. a. 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. 097 Ordinance No. 452 EXHIBIT Chapter 8.13 Water Efficient Landscaping and Irrigation System Design 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. 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; and (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: 098 Ordinance No. 452 EXHIBIT 1 Chapter 8.13 Water Efficient Landscaping and Irrigation System Design i. Landscapes shall be maintained to ensure water efficiency. A regular maintenance schedule shall include but not be limited to checking, adjusting, cleaning and repairing equipment; resetting the automatic controller, aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning; and weeding in all landscaped areas. ii. Repair of irrigation equipment shall be done with the originally specified materials or their approved equivalents. 2. Information shall be provided about designing, installing, and maintaining water efficient landscapes. E. Approval of Landscaping a. 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. b. 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. Staff may, upon their inspection of the completed landscaping, require the landscape architect to submit a signed and stamped statement or certificate of substantial completion to ensure conformance with the Final Landscaping Plans. Note: Authority cited: Section 65594, Government Code. Reference: Section 64497. (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 which exceed 1.0 acre (43,560 square feet), 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 for a minimum of two consecutive years. 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 Ordinance No. 452 EXHIBIT 1 Chapter 8.13 Water Efficient landscaping and Irrigation System Design Landscape Irrigation Audit Handbook, Department of Water Resources, Water Conservation Office (June, 1990, Version 5.5).) B. Water Waste Prevention. Water waste resulting from inefficient landscape irrigation including run-off, low -head drainage, overspray, or other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways, or structures shall be prohibited. All broken heads and pipes must be repaired within seventy-two hours of notification. Penalties for violation of these prohibitions shall be in accord with administrative citation guidelines as outlined in Section 1.09.020. Note: Authority cited: Section 65594, Government Code. Reference: Section 65597, Government Code. (Ord. 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. 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 . All plans approved after are subject to the provisions of this Chapter. (Ord. 392 § 3 (Exh. A) (part), 2003) 1 1. 100 _F U x - to' S 4 F`70F CKE COUNCIL/RDA MEETING DATE: February 5, 2008 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Approval of the Plans, Specifications and Estimate (PS&E) and Authorization to Advertise CONSENT CALENDAR: the Highway 111 Street Improvements, From Adams STUDY SESSION: Street to Jefferson Street, Project No. 2001-07A for Bid PUBLIC HEARING: RECOMMENDATION: 3 Approve the plans, specifications and engineer's estimate (PS&E) and authorize staff to advertise for bid the Highway 111 Street Improvements, from Adams Street to Jefferson Street, Project No. 2001-07A. FISCAL IMPLICATIONS: The following is the approved funding, and funding sources, for the Highway 111 Street Improvement project: Transportation DIF RCTC — Measure A Total Funding Available: $969,802 1,860,635 $ 2,830,437 Based on the engineer's estimate of probable construction costs prepared by RBF Consulting, in the amount of $1,680,550 the following is the estimated project budget for the Highway 111 Street Improvements: Professional: $340,000 Inspection/Testing/Survey: $211,609 Construction: $1,680,550 Administration: $121,073 Contingency: $477,205 Total: $ 2,830,437 101 As illustrated, adequate funding is available to support staff's recommendation to approve the PS&E and authorize staff to advertise the project for bid. It should be noted that the estimated construction costs include Additive Alternates, in the amount of $150,000, for improvements conditioned to the Costco Development. Costco requested these improvements be priced with the City's improvements to determine if there are savings due to "economies of scale". If it is determined that it is cost effective to include these improvements in the City's project, Costco will reimburse the City for these costs. CHARTER CITY IMPLICATIONS: The project is funded with Transportation DIF funds, and Riverside County Transportation Commission (RCTC) from the Measure "A" State Highways Account. As such, the project will be bid with the prevailing wage requirements. BACKGROUND AND OVERVIEW: The proposed improvements will widen the existing roadway to its ultimate 6-lane General Plan configuration and includes new pavement at locations where the widening occurs, along with curb, gutter, signing and striping, new and/or modified traffic signals and other appurtenances and improvements. On October 5, 2004, the City Council authorized staff to distribute a Request for Proposals (RFP) to obtain professional design services to prepare plans, specifications and estimate of probable construction costs (PS&E) for the subject project. The City received nine proposals. On December 7, 2004, the City Council approved a Memorandum of Understanding with the Riverside County Transportation Commission securing funding for the Highway 111 Street improvements. On January 8, 2005 the City Council approved a Professional Services Agreement (PSA) with RBF Consulting, in the amount not to exceed $252,800, to prepare the plans, specifications and estimate (PS&E) of probable construction costs for the Highway 111 Street Improvements, from Adams Street to Jefferson Street, Project No. 2001-07A. On April 18, 2006, the City Council adopted a Resolution supporting the City's intention to take over State Route 111 within the City of La Quinta jurisdictional boundaries from the State of California. 102 On December 4, 2007, the City Council approved a Cooperative Agreement with the State of California for the relinquishment of State Route 111 within the City of La Quinta jurisdictional boundaries and authorized the Mayor to execute the Cooperative Agreement on behalf of the City. Senate Bill 224, Highway 111 Relinquishment, sponsored by Senator Battin, was signed into law by the Governor on October 14, 2007. The Bill took effect on January 1, 2008. The California Transportation Commission (CTC) approved the Cooperative Agreement on January 10, 2008. The Cooperative Agreement, among other things, outlines the agreed upon funding provisions, and other terms and conditions in which Caltrans will relinquish and the City will accept the facility. In accordance with the Cooperative Agreement, the State has agreed to issue payment in the amount $700,000, within thirty (30) days of the recordation of the CTC's Resolution of Relinquishment which occurred on January 23, 2008. This payment will represent the State's only payment obligation for the City to accept the facility. The PS&E for the Highway 111 improvements are now complete and available for review within the City's Public Works Department. The plans do not include widening or street improvements for the property at the northeast corner of Highway 111 and La Quinta Drive which is owned by the Mannino Family Trust. If an agreement can be reached with the property owners during construction staff will bring back the acceptance of right-of-way and funding recommendation for the improvements at a later date. Contingent upon City Council authorization to advertise the project for bids on February 5, 2008, the following represents the anticipated project schedule: City Council Approves PS&E Project is Advertised City Council Awards Contract Sign Contracts and Mobilize Construction Project Close-out February 5, 2008 February 5, 2008 — March 10, 2008 April 1, 2008 April 2-30, 2008 May — October 2008 November 2008 103 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the plans, specifications and engineer's estimate (PS&E) and authorize staff to advertise for bid the Highway 111 Street Improvements, from Adams Street to Jefferson Street, Project No. 2001-07A; or 2. Do not approve the plans, specifications and engineer's estimate (PS&E) and do not authorize staff to advertise for bids the Highway 111 Street Improvements, from Adams Street to Jefferson Street, Project No. 2001- 07A; or 3. Provide staff with alternative direction. Respectfully submitted, mothy R. J n a n, P. E. ublic Work ire for/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Tay/ 4 �WNNW t/ �F U �FM OF�a COUNCIL/RDA MEETING DATE: February 5, 2008 ITEM T►TLE: Approval of a Professional Services Agreement (PSA) with RBF Consulting to Provide Professional Engineering Services for the Adams Street Bridge Improvements, Project No. 2006-06 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: _ T STUDY SESSION: PUBLIC HEARING: Approve a Professional Services Agreement (PSA) with RBF Consulting, in the amount of $911,452, to provide professional engineering services for the Adams Street Bridge Improvements, Project No. 2006-06. FISCAL IMPLICATIONS: The following is the project's approved funding and funding sources: Transportation DIF $2,441,600 APP Funds $200,000 Surface Transportation Funds (STP — Federal) $9,766,400 Total Funding Available: $12,408,000 The following is the approved project budget: Design: $1,419,180 Inspection/Testing/Survey: $873,875 Construction: $8,678,395 Administration: $348,350 Contingency: $1,088,200 Total: $12,408,000 1..ut 105 As illustrated, adequate funding is available to support staff's recommendation to approve a PSA with RBF Consulting to provide professional engineering services for the Adams Street Bridge Improvements, Project 2006-06. The project is partially funded with Surface Transportation Program (STP) funds through the State's Highway Bridge Program (HBP). The HBP will provide 88.53% up to $9,766,400 toward the proposed all weather bridge spanning the Whitewater River on Adams Street. The HBP funding will be received in three phases. The first phase includes the development of the project environmental document and preliminary engineer's report. The second phase includes the preparation of the plans, specifications and engineer's estimate. The third phase includes the construction of the project as well as the construction engineering. The RBF Consulting PSA is structured to be consistent with the HBP funding phases. Approval of the PSA will initiate the development of Phase I which is limited to the environmental document and preliminary engineer's report. RBF Consulting can not initiate Phase II (PS&E) until written authorization is received from the City. In turn, the City will not initiate Phase 11 until funding is obligated by Caltrans. CHARTER CITY IMPLICATIONS: None. This project is partially funded with federal monies. Therefore, the project will be advertised with prevailing wage requirements included in the contract specifications. BACKGROUND AND OVERVIEW: The purpose of the proposed improvements is to replace the existing low water crossing spanning the Whitewater River at Adams Street with an all-weather crossing. The proposed improvements will provide motorists and pedestrians a safe path of travel across the Whitewater River regardless of adverse weather. The project will also provide reliable access for emergency vehicles. The proposed bridge improvement will span the Whitewater River Channel at Adams Street. The bridge is anticipated to be approximately 525 feet long and approximately 76 feet wide. The Coachella Valley Water District (CVWD) owns approximately 500 feet of right-of-way within this span. At a minimum, the typical section will include a six-foot sidewalk on both sides of the bridge, a twelve -foot raised curb median island, and four travel lanes. The project will include the City's decorative bridge railings as well as access to the channel for CVWD maintenance crews. In addition to meeting other CVWD permit requirements, the proposed bridge will be designed in a manner that does not impact the CVWD proposed Mid- -LiL 105 Valley Pipeline Project. All improvements will be constructed within the existing right-of-way. On September 18, 2007, the City Council authorized staff to distribute a Request for Proposal (RFP) to obtain professic nal engineering services to prepare the plans, specifications and engineer's estima a (PS&E) of probable construction costs for the Adams Street Bridge Improvem nts, Project No. 2006-06, and appointed a Consultant Selection Committee. On November 6, 2007, the City Council authorized the City Manager to execute Program Supplemental Agreement 007-N to Agency -State Agreement Number 08- 5433R for Federal Funding toward the Adams Street Bridge Improvements, Project No. 2006-06. The Program Supplement Agreement 007-N to Agency -State Agreement Number 08-5433R provided $500,000 of Federal funding toward the Preliminary Engineering Phase of the Adams Street Bridge Improvements, Project No. 2006-06. On October 31, 2007, the City received six proposals. Following its evaluation of the proposals, the consultant selection committee elected to interview four of the six firms. Following the interviews conducted on December 6, 2008, staff unanimously recommends approval of a professional services agreement with RBF Consulting (Attachment 1) to provide professional engineering services for the Adams Street Bridge Improvements, Project 2006-06. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include 1. Approve a Professional Services Agreement (PSA) with RBF Consulting, in the amount of $911,452, to provide professional engineering services for the Adams Street Bridge Improvements, Project No. 2006-06; or 2. Do not approve a Professional Services Agreement (PSA) with RBF Consulting, in the amount of $911,452, to provide professional engineering services for the Adams Street Bridge Improvements, Project No. 2006-06; or 3. Provide staff with alternative direction. !..Ut 107 Respectfully submitted, Ti othy ona s n, P.E. ublic Wor Dire for/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1, Professional Services Agreement 108 Last Revised 8-14-07 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and RBF Consulting a California Corporation, ("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 Adams Street Bridge Improvements, Project No. 2006-06, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta 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. 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. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work 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 Care of Work and Standard of Work. a. Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work 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 work 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. b. Standard of Work. Consultant acknowledges and understands that the services and work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's services and work shall be performed in accordance with the generally accepted standards of quality and workmanship of similar professionals in the County of Riverside. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to meet these standards of work as set forth in this Agreement. 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 when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 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"). 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 Nine Hundred Eleven Thousand Four Hundred Fifty-two Dollars ($911,452.00) (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. 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. 2.2 Method of Payment. 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 work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses 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. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Maieure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the 1..0 a 111 Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. The term of this agreement shall commence on February 6, 2008 and terminate on December 31, 2010 (initial term). This agreement may be extended upon mutual agreement by both parties (extended term). Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Brad Mielke, S.E., P.E. Brad Donais, P.E. a. 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. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson, P.E. Public Works Director/City Engineer or such other person as may be designated 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, which 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. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation.of Consultant, its principals and 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 assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employes shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. 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. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage 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 shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Injury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence 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 '_.ju 113 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. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. 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. 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. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of "A" or better and a minimum financial size VII. Notwithstanding this last sentence, the City will accept insurance procured from Lloyds of London. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. 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. 5.2 Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless the Agency and the City and any and all of their officials, employees and agents ("Indemnified Parties") from and against any and all 1wbU 114 losses, liabilities, damages, costs and expenses, including attorney's fees and costs which arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 5.3 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. 5.4 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 Contractor and available or applicable to this agreement are intended to apply to the full extent of "bu 115 the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right , but not the duty, to obtain any insurance it deems necessary to protect its interests under this or 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. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. 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. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by i_;;u 116 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. 11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein 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. 12. The City reserves the right at any time during the term of the contract 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. 13. 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. 14. 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. 15. 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. 16. 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 ',U( 117 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. 17. 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. 18. 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. 19. 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. 20. The requirements in this Section 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 Section. 21. 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. 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. 6.0 RECORDS AND REPORTS. 6.1 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. "Ut 118 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, 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 of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. 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 completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement 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. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted 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 '-_i;; 119 county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 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 and 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 7.8. 7.3 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. 7.4 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. 7.5 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. 7.6 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 injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 120 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or withoutcause, 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 7.3. 7.8 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 7.2, take over work 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 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee 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. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or 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 general consideration for obtaining this Agreement. 1-J u 121 8.3 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 race, color, creed, religion, sex, marital status, 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, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, 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: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 To Consultant: RBF Consulting Attention: Brad Mielke, S.E., P.E. Senior Vice President 74-130 Country Club Drive, Suite 201 Palm Desert, CA 92260-1655 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining 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. -� 122 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager ATTEST: Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney Date CONSULTANT: RBF Consulting a California Corporation By: Name: Brad Mielke, S.E., P.E. Title: Senior Vice President Date: i-ju 123 Last Revised 8-14-07 Exhibit A Scope of Services Consultant's scope of work to related to Adams Street Bridge Improvements, Project No. 2006-06 is attached and made a part of this agreement. '-it, 124 Scope of Work Program PHASE 1- ENVIRONMENTAL CLEARANCE & PROJECT STUDY REPORT EQUIVALENT Task 1: Project Management. RBF will manage project duties for the Phase I component of the project in order to assure a cost-efficient, quality process. As the prime contractor, our staff will provide a suite of disciplines to effectively coordinate and communicate leading to project approval. Within this task, RBF will do the following: 1. Prepare and maintain the environmental quality control plan 2. Prepare monthly project documentation and invoicing 3. Prepare and maintain the project schedule for environmental approval activities RBF will take an aggressive approach to ensure the timely resolution of issues. Note: This budget assumes that the project EA/IS phase will take no more than 16 months. If this project phase lasts longer, the budget for project management will be adjusted to accommodate additional meetings, monthly documentation, etc. Coordination with City of La Quinta. RBF will prepare for and attend monthly meetings with the City of La Quinta regarding environmental processing of documents, resolution of issues, strategy development, etc. Project Coordination and PDT Meetings. RBF will prepare for and attend meetings of the Project Development Team (PDT). RBF assumes 16 PDT meetings. Coordination with Caltrans District 8. RBF will coordinate with the Caltrans District 8 Environmental Office in order to prepare and process the appropriate and necessary documentation. RBF assumes four (4) coordination meeting with Caltrans. Agency Coordination. RBF will coordinate with appropriate agencies through PDT meetings, an agency scoping meeting, and direct contact. Concerns and issues expressed by agency representatives will be documented in a database to ensure that expressed concerns are recorded, communicated to the full PDT, and addressed. The following agencies are likely to be among those included in the coordination effort: City of La Quinta, County of Riverside, Caltrans, South Coast Air Quality Management District (SCAQMD), U.S. Army Corps of Engineers, California Department of Fish and Game (CDFG), Regional Water Quality Control Board (RWQCB), the State Historic Preservation Office (SHPO), and the US Fish and Wildlife Service (USFWS). Adams Street Bridge Improvements o page D-1�� uo„a„�,,,,� project Number 2006-06 ® �'_J t' Scope of Work Program Task 2: Environmental Approval. This task will be completed in the following five subtasks in conjunction with the above task. Task 2.1 Project Kick -Off and Project Description Our work program will be initiated with an Early Coordination Meeting with the PDT that will define the parameters of the analysis, scheduling and understanding of the project. Based upon concept plan information and supporting data developed under separate engineering tasks, RBF will draft a preliminary project description for review and approval by CITY, Department staff, and other PDT members as determined necessary. Task 2.2 Research and Investigation RBF will evaluate the necessary information with respect to the proposed project. Project research will include coordination with appropriate CITY departments to acquire relevant environmental data, previous studies for the area and other available files, exhibits, maps and reference documents. The initial investigation will include a site visit with PDT members, review of existing land uses and environmental conditions and a photographic recording of on -site and surrounding uses. Task 2.3: Preliminary Environmental Study (PES). In accordance with current Caltrans Guidelines, RBF will prepare a PES for the project in support of the engineering and design services to be provided by the RBF project engineer. RBF will meet with City staff, the RBF project engineer, and Caltrans to define the project description and schedule and to develop a mutual understanding of the issues and impacts of the project. During this task, RBF will review existing information and participate in a field review of the project site with the RBF project engineer, the City, and Caltrans. RBF will prepare a draft PES form (using the standard Caltrans form) prior to the site meeting with the RBF project engineer, the City, and Caltrans. The draft PES will be reviewed and revised, if necessary, per discussions at the field meeting. Then, the PES will be submitted to Caltrans for signature and distribution to the project team. RBF's technical staff will attend one field meeting (site visit) as required by Caltrans to discuss possible environmental issues with its staff. Task 2.4: Technical Studies. In accordance with Caltrans and FHWA current procedures and guidelines, RBF and others will prepare the required technical reports for the project, which will be included as appendices to the environmental documentation. Typically, on any project requiring federal approval, technical studies for hazardous materials, cultural resources, noise, air quality, and biological resources are required. The proposed scope of these environmental studies will be reviewed and confirmed with Caltrans at the initial field review meeting. The following technical studies will be prepared by RBF: Adams Street Bridge Improvements ® 1GgV D-2 Pro3ect Number 2006 06 0 Scope of Work Program (Biological) Natural Environment Study -Minimal Impact (NES-MI). Consultant will conduct a literature review to assist in determining the existence or potential occurrence of sensitive plant and animal species on the project site or in the vicinity. Federal and State lists of sensitive species and current database records, including the California Natural Diversity Data Base (California Department of Fish and Game, 2007) and the California Native Plant Society's Electronic Inventory of Rare and Endangered Vascular Plants of California (Skinner, et al., 2007), will be examined. In accordance with Caltrans guidelines, Consultant will submit a letter to the U.S. Fish and Wildlife Service requesting a list of threatened and endangered species known from the project vicinity. The results of the records search will be summarized in a table and included in the NES. The Biological Study Area (BSA) will be determined through coordination with a Caltrans Biologist The fieldwork will be conducted by qualified Consultant biologists in order to document the presence/absence of sensitive biological resources (e.g., species or habitats), or to determine the potential for occurrence of such resources that may not be detectable when the fieldwork is conducted. The location of any sensitive biological resources present on site, including plants and plant communities, will be mapped. For quailification of a NES-MI, certain criteria will apply: . • Of limited scope and impact. • Minor A or B projects that do not require consideration of both context and intensity (a) Context. The significance of an action must be analyzed in different circumstances, such as society as a whole (human, national), the affected region, the affected interests, and the locality. An impact's level of significance varies with the setting (context) of the proposed action. For instance, in the case of a site -specific action, significance would usually depend upon the effects in the locale rather than in the world as a whole. Both short-term and long-term effects are relevant. (b) Intensity. The intensity of an impact refers to the severity of impact. Responsible officials must bear in mind that more than one agency may make decisions about partial aspects of a major action. The following should be considered in evaluating intensity: • Not ordinarily intended for projects involving listed species. • May be used in conjunction with a Biological Evaluation where the biological issues are limited to those covered in the BE. If the project scope is expanded to a full NES, a revised scope and fee will be submitted to the City. MF—Adams Street Bridge Improvements n Pa9e)93 127 Project Number 2006 06 n Scope of Work Program A jurisdictional delineation, described below, will be conducted as part of this NES- MI. Additional focused surveys that may be required are described in the Potential Additional Technical Studies section below. Consultant will prepare an NES-MI that will include a description of the field methods used and the results of the biological evaluation of the project area. The report will include a list of plant and animal species present within the project area and a general description of the plant communities occurring. The proposed scope of services includes preparation of a draft NES-MI to be reviewed by (1) the City of La Quinta, and (2) Caltrans. RBF will prepare and distribute up to five copies of the NES-MI for each of the three review cycles and will respond to comments and update the NES-MI as needed for completion of each cycle. The Consultants biologist will be available to attend up to three team meetings, including PDT meetings. Focused Surveys for Special Status Species. Based on the results of a preliminary literature review, the proposed project may have potential effects to the following special status species: • Coachella Valley milk vetch (federally endangered) (spring survey period) • Burrowing owl (State species of special concern) (no timing restrictions on surveys) • Palm Springs round -tailed ground squirrel (federal candidate/State species of special concern) (late springlearly summer survey period). If the general biological field survey reveals that suitable habitat is present for the above species, or any other species identified during the preparation of the NES-MI, then additional surveys may be required in order to determine the presence or absence of such species. The scope of these surveys would be dependent on the extent of habitat to be surveyed for a particular species, and coordination with the U.S Fish and Wildlife Service (USFWS) and/or California Department of Fish and Game (CDFG) as appropriate. Since the scope and nature of the surveys has not yet been determined, the cost for focused surveys cannot be accurately estimated. However, an estimate of costs has been included based on a two -acre focused survey study area for each species. In the event that sensitive species are found and the criteria for a NES-MI does not apply, a revised scope and fee for a NES will be submitted to the City. The revised scope will include any sensitive resources that are found on the site, Consultant will prepare a NES that will include a graphic displaying the location of the sensitive plant communities on site and any sensitive biological resources observed. Tables describing sensitive species and their habitats that are present or potentially present will also be provided in the report. This report Adams Street Bridge Improvements 13 PgJID-41GJ Projr.ct Number 2006 06 m GO Scope of Work Program will also identify and assess project impacts on the existing biological resources, including any sensitive species. Mitigation measures will also be included as necessary. These mitigation measures may be conceptual (i.e., specific restoration plans are not included in this scope). Consultant will prepare letter reports summarizing the results of any necessary focused surveys. If threatened or endangered species may be affected by the project, coordination with the USFWS and CDFG will be required for compliance with the Federal/State Endangered Species Acts that are not included in this scope of work. Endangered Species Act Biological Assessment (OPTIONAL). In the event that endangered species (i.e., Coachella Valley milk -vetch) or critical habitats are present, Consultant will be available to provide assistance with the Endangered Species Act Section 7 Consultation process, including preparation of the Biological Assessment, attendance at meetings, coordination with the project team, responding to information requests from the U.S. Fish and Wildlife Service, and researching mitigation options. Assistance with the Section 7 Consultation process, if necessary, is an additional task and is not included in the proposed scope of services; this task is identified for informational purposes only. Until the field -work and NES-MI have been completed, the cost for preparation of a Biological Assessment and associated Section 7 Consultation services cannot be accurately estimated. However, as a rough estimate of the cost for Consultant to assist with a Section 7 Consultation is included in the fee proposal. Jurisdictional Delineation. RBF will complete a focused wetland delineation according to the Corps 2006 Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region, the new currently accepted methodology. RBF anticipates that a routine delineation, tailored to the site characteristics, will be adequate. If the City has access to photographs of the roadway during previous storm events, such information will be very useful. RBF also will complete a jurisdictional "waters of the U.S." determination according to current Corps standards. The results of the delineation will be presented in a detailed report that will include mapping of any wetland areas and jurisdictional areas. Please note the results of the delineation are subject to verification by the Corps and CDFG, which verification will be conducted as part of this task. Note: This task is needed for the IS. Further actions coordinating the delineation will be completed while permitting the project. ForAdams Street Bridge Improvements st Page D-5 Protect Number 2006-06 e i-ju 129 Scope of Work Program Cultural and Paleontological Resources. All cultural resource efforts will be completed in compliance with CEQA and Section 106 of the National Historic Preservation Act (NHPA) and will follow the requirements set forth in the Caltrans Environmental Handbook Volume H, Cultural Resources and the Programmatic Agreement among the Federal Highway Administration, the Advisory Council on Historic Preservation, the California State Historic Preservation Officer, and the California Department of Transportation Regarding Compliance with Section 106 of the National Historic Preservation Act, as it Pertains to the Administration of the Federal -aid Highway Program in California (Programmatic Agreement). For paleontological resources Consultant will follow Caltrans guidelines. The scope of this proposal stipulates the following: • The APE Map will be prepared by the Consultant with collaboration between the City and Caltrans. • No archaeological, built environment, or paleontological resources will be identified that will require documentation or evaluation. Caltrans APE Map. Consultant will produce the project Study Area and/or area of potential effects (APE) map with collaboration with Caltrans and City Staff. This proposal stipulates that an APE map will be submitted and there will be up to two rounds of response to comments. Research. A cultural resource records search will be conducted at the Eastern Information Center located at the University of California, Riverside. The EIC is the state -designated repository for records concerning cultural resources in Riverside County. The records search will provide information on known cultural resources and on previous cultural resources investigations within a one -mile radius of the project area. Data sources that will be consulted at the EIC include archaeological site and artifact records, historic maps, reports from previous studies, and the state's Historic Resource Inventory (HRI) for Riverside County, which contains listings for National Register of Historic Places (National Register), California Register of Historical Resources (California Register), California Historical Landmarks (CHL), and California Points of Historical Interest (CPHI). In addition, RBF will conduct research to determine the land use history of the project. The paleontological resource literature review will be conducted with available maps and references to determine if significant nonrenewable fossil specimens are known from sediments on or around the project parcels. Coordination with City, Caltrans /SB-18 Consultation with Native Americans (OPTIONAL). Consultant anticipates that cultural resource staff will attend up to four meetings with the City and/or Caltrans. Adams Street Bridge Improvements ® Page D-6 Project Number 2006-06 o r"`jt 139 Scope of Work Program Consultant will contact the Native American Heritage Commission (NAHC); the NAHC will provide a list of Native American groups to contact regarding this project. Consultant will coordinate with Caltrans to consult with the tribes. Consultant will also consult with other interested parties, including non -federally recognized Native American groups and local historical and archaeological societies. With Caltrans' approval Consultant will contact up to 15 groups. Consultant will contact each group via certified mail. After 30 days Consultant will follow up with those groups that have not commented, via telephone. Consultant will attempt to contact each group up to 2 times. Consultant will document all efforts to consult with each group. Additional budget may be required to address issues or concerns raised by any tribes. Consultation will continue throughout the Section 106 compliance effort. Field Survey/DPR Forms (OPTIONAL). Consultant will conduct a systematic archaeological field survey of portions of the APE that are not obscured by asphalt/concrete. The ground surface will be visually examined for evidence of prehistoric (Native American) or historic (non -Native American) archaeological materials and other potential built environment historic resources (e.g., buildings, bridges, railroads, mines, or canals). To meet state standards, any previously unrecorded resources identified during the survey will be recorded on State of California DPR 523 forms. Any resources requiring documentation will require additional budget. Paleontological resources will be recorded on fossil locality forms. For the purpose of this proposal, Consultant assumes that no resources will be identified. If resources are identified, additional budget will be required for their documentation. Cultural Reports. Consultant will prepare a Caltrans format Historic Property Survey Report (HPSR) and Archaeological Survey Report (ASR) for cultural resources (OPTIONAL); and a Paleontological Identification Report (PIR) (OPTIONAL) according to Caltrans specifications. The reports will describe: 1) the results of Native American Consultation, 2) research and field methods used in identifying cultural resources, 3) the archaeological and historic resources identified in the project vicinity, 4) the historic contexts based on the types of cultural resources identified, and 5) the potential of the project to adversely impact any archaeological or historic resources. If any prehistoric or historic archaeological resources are located within the APE, additional tasks may be required. If recommendations for further studies are warranted, Consultant will contact the City immediately. This scope of work allows for response to one round of client/Caltrans comments. Deliverables. Consultant will provide the City with up to (4) copies of Draft HPSR, Draft ASR (OPTIONAL), and Draft PIR (OPTIONAL); and six (6) copies of the Final HPSR, Final ASR (OPTIONAL), and Final PIR (OPTIONAL). Adams Street Bridge Improvements ® i•.Ue'P@111 CCCCCO��-uLT____1N. project Number 2006 06 a Scope of Work Program Air Quality Report. RBF will prepare an air quality analysis per Caltrans and the South Coast Air Quality Management District's (SCAQMD) CEQA regulations for the Salton Sea Air Basin (SSAB), NEPA, CEQA, and FHWA requirements and guidelines, as well as consultation with Caltrans staff. The following outlines the analysis that will be prepared for inclusion into the air quality technical study: Carbon Monoxide Screening. At the local level, Carbon Monoxide (CO) concentrations will be analyzed per the methodology contained within the Transportation Project Level Carbon Monoxide Protocol (JCD-LTS-RR-97-21) developed by the Institute of Transportation Studies. Particulate Matter Hot Spots. As of March 10, 2006, future qualitative PM2.5 and PMIo hot -spot analyses should be based on the Transportation Conformity Guidance for Qualitative Hot -Spot Analyses in PM2.5 and PMIo Nonattainment and Maintenance Areas, which was adopted on March 2006. The PMIo Interagency Consultation Form will be prepared and submitted to the Southern California Association of Governments Transportation Conformity Working Group. The findings of the interagency consultation will be documented in the Air Quality Report. Mobile Source Air Toxics (MSAT). Given the emerging state of the science and of project -level analysis techniques, there are no established criteria for determining when MSAT emissions should be considered a significant issue. RBF will utilize the FHWA tiered approach for analyzing MSATs. The MSAT analysis will address benzene, formaldehyde, acetaldehyde, diesel particulate matter/diesel exhaust organic gases, acrolein, and 1,3-butadiene. Air Quality Management Plan Consistency. A review of the project's consistency with the Southern California Association of Governments Regional Transportation Plan will be performed to verify if the project meets Federal Conformity requirements as set forth by the Clean Air Act Amendments. An examination of the projects regional impacts will be provided in the Technical Air Quality Assessment. Construction Emissions. Air quality impacts from grading and construction sources will include the equipment used, length of time for a specific construction task, equipment power type (gasoline or diesel engine), horsepower, load factor, and percentage of time in use. Exhaust and dust emissions from worker commutes and equipment travel will also contribute to the construction emissions. Fugitive dust emissions would result from wind erosion of exposed soil and soil storage piles, grading operations, and vehicles traveling on paved and unpaved roads. RBF will qualitatively evaluate the construction emissions commensurate with available project -specific information. Standard measures for construction activities recommended by the SCAQMD will be identified and incorporated as part of the FWFAdarns Street Bridge Improvements m Page G-8 Project Number 2006-06 13 i.bL, 132 Scope of Work Program project's standard conditions. Additionally, the analysis will address Caltrans Standard Specifications for Construction. Naturally Occurring Asbestos. RBF will qualitatively assess naturally occurring asbestos based upon a review of the United States Geologic Survey (USGS) Preliminary Geological Map. The review will determine whether the site is underlain by Serpentine and Peridotite deposits. FHWA Conformity. In August 2007 the California Department of Transportation (Caltrans) began requiring a specialized Federal Conformity Analysis and Checklist for all projects, which had Federal funding or involvement. Based on this new submittal requirement, RBF will complete the Conformity Analysis Documentation and prepare additional air quality documentation for submittal to FHWA. Pursuant to recent guidance from FHWA and Caltrans, separate air quality documentation is required for FHWA review and approval. Additionally, FHWA requires a separate standalone Air Quality Assessment document, focusing only on conformity provisions of the Clean Air Act Amendments (CAAA). The additional FHWA documentation includes the Conformity Analysis checklist, which highlights criteria from the Code of Federal Regulations (40 CFR 93.102 though 93.123) and US DOT and EPA Guidance. Pursuant to the State Assumption of Responsihilities section of the Environmental Streamlining Act (Section 6005) of Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFTEA-LU) the following issue areas will be addressed within the Conformity Analysis Documentation Checklist and stand alone report: • Document the applicable pollutants and precursors for which EPA designates the area as nonattainment or maintenance. Describe the nonattainment or maintenance area and its boundaries. • Document whether a new conformity determination is required; • Document which conformity criteria apply based on the proposed action, relevant pollutants, and the status of the implementation plan; • In CO, PMIo, and PM2.5 nonattainment and maintenance areas, document that the hot -spot test required by 93.116(a) and, as applicable, 93.11(b) are satisfied; • Document the use of latest planning assumptions (source and year) at the "time the conformity analysis begins," including current and future population, employment, travel and congestion; • Document the use of the most recent available vehicle registration data; • Document assumptions for current and future background air quality concentrations; • Document the use of the latest emissions model approved by EPA; Adams Street Bridge Improvements ® Ppge o-9 Pro)ect Nuirber 2046-06 n '"Jt- Scope of Work Program • Document fulfillment of the interagency and public consultation requirements outlined in a specific implementation plan according to §51.390; • Include documentation of consultation on conformity tests and methodologies; • Document the name of the currently conforming RTP and RTIP and the date of the FHWAIFTA conformity determination on those documents; • Document that the project is included in the regional emissions analysis for the RTP and RTIP and that the project's design concept and scope have not changed significantly; • Document that the project does not cause or contribute to any new localized particulate matter or CO violations or increase the frequency of an existing Ablation during the timeframe of the transportation plan (or regional emissions analysis). For particulate matter nonatttainment or maintenance areas, document whether the project was determined, through interagency consultation, to be a "project of air quality concem" per §93.123(b)(1); • Document that the project eliminates or reduces the severity and number of localized CO violations in the areas substantially affected by the project; • Document that the project complies with any PMIa or PM2.5 control measures in the applicable attainment plan; • Document how the required procedures, including the Project -Level Carbon Monoxide Protocol, were met for CO hot -spot analyses; • Document that the assumptions used in the hot -spot analyses are consistent with those used in the regional emissions analysis; • Include written commitments, consistent with §93.125 or an approved conformity SIP, for mitigation or control measures assumed in the hot -spot analysis; and • Document the length of the project construction period and whether or not construction emissions were considered in the hot -spot analysis. RBF will evaluate the proposed project's impacts to long-term mobile source air toxics (MSAT) using the Interim Guidelines on Air Toxic Analysis in NEPA Documents (FHWA, February 2006). In addition, RBF will discuss the proposed project's impact on global warming and climate change. Construction would occur during implementation of the proposed project. Air quality impacts from demolition, grading, and construction sources will be analyzed based on the equipment used, length of time for a specific construction task, equipment power type (gasoline or diesel engine), equipment emission factors approved by the EPA (AP-42 Handbooks), horsepower, load factor, and percentage of time in use. Exhaust and dust emissions from worker commutes and equipment travel will be calculated based on available information regarding these activities. Fugitive dust (PM2.5 and PM10) emissions would result from wind erosion of exposed soil and soil storage piles, grading operations, and vehicles traveling on paved and unpaved roads. Emissions associated with asphalt paving will be calculated when specific data are available. Emission factors included in the SCAQMD's CEQA Air Quality Adams Street Bridge Improvements ® PIOV D-113§ ProjCct Number 2006 06 13 Scope of Work Program Handbook will be used for construction dust emission estimates. These emissions will be calculated based on construction information available and provided to RBF. This scope includes one round of responses to Client comments on the Air Quality Assessment. Additional responses on the Air Quality Assessment can be billed on a time and material basis. Noise Impact Analysis. Consultant will prepare a Noise Impact Analysis assessing the project's potential effects on existing and future noise conditions. Consultant will review applicable State (Caltrans), City of La Quinta (City), and land use compatibility criteria for the project area. noise standards regulating impacts, including the Caltrans Noise Abatement Criteria (NAC); standards included in the City Noise Ordinances will be discussed for land uses adjacent to the project. Using land use information, aerial photographs, and field reconnaissance, Consultant will identify areas with potential future noise impacts and will include a discussion of any existing sensitive uses in the project vicinity. Existing roadway traffic noise will be calculated as baseline conditions, using traffic data included in the traffic study for the proposed project. Construction Noise Impacts. Construction would occur during implementation of the proposed project. Consultant will analyze noise impacts from construction sources based on the equipment expected to be used, length of specific construction task, equipment power type (gasoline or diesel engine), horsepower, load factor, and percent of time in use. EPA -recommended noise emission levels will be used for the construction equipment. The construction noise impacts will be evaluated in terms of maximum noise levels (dBA L.), and the frequency of occurrence at adjacent sensitive locations. Analysis requirements will be based on the sensitivity of the area and the Noise Ordinance specifications of the City. Operational Noise Impacts. To assess the potential noise impacts, Consultant will undertake the following subtasks: • The existing and future noise levels will be assessed using the traffic noise impact screening procedure outlined in Section N-400 of the Caltrans Technical Noise Supplement (TeNS). • If the project passes the screening analysis, then no additional work will be required. Detailed Noise Abatement Decision Report (NADR) Analysis. If the proposed project fails the screening analysis, Consultant will perform a detailed noise analysis as outlined in section N-5000 of the TeNS. If the future with project noise levels are estimated to approach or exceed the Noise Abatement Criteria (NAC) established by the FHWA, then noise abatement measures, such as FOU Adams Street Bridge Improvements n U i. � f35 �oNB11T1,,, Project Number 2006-06 0 Scope of Work Program sound barriers, will be analyzed. Consultant will assess the feasibility and reasonable allowance of the analyzed noise abatement measures. Initial Site Assessment (ISA). RBF will prepare a Hazardous Waste Initial Site Assessment (ISA) in accordance with Caltrans guidelines and in general accordance with the American Society of Testing and Materials (ASTM) Designation E 1597-05, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process. The following tasks will be conducted as part of this evaluation: • RBF will conduct an agency records database search to identify hazardous waste sites located within and in the vicinity of the study area and classified as hazardous waste under State law. The records search will also identify business types located within and in the vicinity of the study area that store, transfer, or use large quantities of hazardous materials. This information will be obtained from records maintained by federal, State and local agencies. RBF will utilize a database service to perform this search. • Historic land use information for the study area will be reviewed to determine whether previous uses in the project area may have resulted in hazardous waste contamination. This information may include historic aerial photographs, historic USGS maps, Sanborn Fire hisurance Maps, Oil and Gas maps, groundwater depth/flow data, City directories, County Assessor's data, and building permits. • RBF will conduct a visual survey of the study area via public right-of-way to identify any obvious areas of hazardous waste contamination. • If hazardous waste sites are identified within the study area (via governmental records and/or the visual survey), RBF will review available public records for up to three parcels at the appropriate oversight agency to determine the potential impact to the project. • RBF will prepare a report that presents findings and recommendations based on the site survey and historical records review. This scope of work does not include review of private records or interviews with private property owners. Community Impact Assessment (OPTIONAL). RBF will prepare a Community Impact Assessment (CIA) in accordance with the guidelines found in the FHWA Technical Advisory T6640.8a and Caltrans Community Impact Assessment Handbook (1997). Based on the scope of the project as presented in the RFP, relevant discussions of socioeconomic impacts might be included in the IS without a separate report. The CIA will evaluate the proposed project's socioeconomic impacts utilizing current demographics and current assessor parcel information and complying with guidelines provided in the Caltrans community impact assessment handbook (June 1997). The CIA will provide a RwAdams Street Bridge Improvements a r.0 a 136 Project Number 2006-06 0 Scope of Work Program description of existing land use, housing, employment, and population conditions near the project site. The discussion of socioeconomic impacts shall address the potential impacts on the residential population and local business community, including land use compatibility, neighborhood cohesion, tax revenue loss, and employment impacts. Socioeconomic impacts are anticipated to be minor considering the nature of the proposed property acquisitions. The CIA shall also address the project's consistency with relevant local, regional, and state regulations and plans. The CIA will also address environmental justice considerations. A summary will be included identifying the conclusions of the draft relocation impact statement. Recommendations to avoid, minimize, or mitigate potential socioeconomic impacts shall be identified where feasible. Water Quality Assessment (WQA) RBF will prepare a Water Quality Assessment (WQA) for the proposed project. The study will: (1) identify the sources of sediment and other pollutants affect the quality of storm water discharges and (2) to describe practices to reduce sediment and other pollutants in stormwater discharges generated from the construction site. Standard control measures will be recommended. The WQA will provide a preliminary broad overview of available methods to reduce sediment, pollutants, and other construction related debris from impacting stormwater quality. Traffic Analysis RBF will conduct a traffic analysis for the Adam Street bridge improvements. RBF will collect AM and PM peak hour intersection counts at Adams Street and Westward Ho Dr and Adams Street and Highway 111. RBF will also collect new 24 hour traffic counts (including truck classification) on Adams Street (north of Highway 111), Highway 111 (west of Adams Street) and Westward Ho Drive (east of Adams Street). Based on the traffic data, level -of -service calculations will be generated for the intersections of Adams Street and Westward Ho Dr and Adams Street and Highway 111. Existing and future average daily trips (ADTS) will be generated for the following roadways segments Adams Street (north of Highway 111), Highway 111 (west of Adams St.) and Westward Ho Drive (east of Adams Street). The Adams Street bridge improvements are not capacity increasing and therefore no traffic mitigation is anticipated. Task 2.5: Environmental Categorical Exclusion/Initial Study. Draft Preliminary Environmental Evaluation. Working in consultation with the relevant agencies, RBF will prepare a draft statement of NEPA purpose and need, along with the CEQA Project Objectives. In cooperation with the agencies and the project engineer, RBF will use the project description for each of the alternatives to be considered to meet the purpose and need. The establishment of purpose and need along with the project description are MAdams Street Bridge Improvements ® Page D-13 YYYiO____��-uL*,„o Project Number 200606 0 i.-Ul 137 Scope of Work Program critical to the success of the project. The purpose and need/project objectives will require approval by the City and Caltrans. This scope of work is based upon a no -build and one build alternative. RBF will prepare the Categorical Exclusion/Initial Study (CE/IS) per Caltrans and FHWA guidelines; its format will be determined in discussions with the agencies. Final Preliminary Environmental Evaluation. RBF will incorporate the City and Caltrans comments into the Environmental Evaluation. Notice of Initiation of Studies (NOIS). RBF will prepare the notices of preparation of an environmental document required by CEQA, NEPA, and Caltrans for local, State and federal agencies and the general public. RBF will prepare a Caltrans Notice of Initiation of Studies (NOIS) for review by the City and Caltrans and will distribute it by certified mail. Because an CE/IS is anticipated, no Notice of Preparation (NOP) or Notice of Intent (NOI) will not be required. If requested, RBF will arrange a public meeting to initiate the public input. Screencheck Draft Environmental Document. RBF will incorporate the purpose and need/project description from prior task(s) and the technical studies into the screencheck document. Based upon available data, RBF will prepare sections for land use, public safety, public services, recreation, and utilities. RBF will rely on the engineering frrm's geotechnical and hydrology information. The MIS will determine the following: • Whether the project will have any significant adverse effects on the environment under both State and federal standards • What potential mitigation measures are appropriate for such impacts • Whether the mitigation measures reduce all impacts below a level of significance RBF will provide the Screencheck MIS to agencies for review and comment, then revise it in response to the agencies' comments; then, a revised Screencheck CE/IS will be provided to the agencies for review and comment, and it will be revised again in response to the agencies' comments. Draft Environmental Document. Based on the previous task, RBF will draft the MIS for public review. The critical objective of the MIS is to provide the general public and responsible agencies with the means to participate in the environmental process via written comments on issues addressed in the CE/IS. RBF will prepare the requisite public notices under State and RAdams Street Bridge Improvements ® Pa(LO 1-14-I3 o��r_,�o Project Number 2006-06 0 .l al Scope of Work Program federal law for distribution of the CE/IS. RBF will prepare the requisite number of copies of the document itself, accompanied by its technical documents; most copies likely will be in a CD format. RBF will coordinate the preparation of the distribution list with the City and Caltrans, and the firm assumes that the agencies will distribute the document. Public Meeting. Public meetings are optional under the Caltrans process. The process may include some or all of the following actions, included here as optional tasks: Informational Meetings. RBF, the City and Caltrans would host up to two (2) informational meetings on the Draft CE/IS, one of which should focus on those federal and State agencies with jurisdiction over the project. The meetings would communicate the project's (preliminary) purpose, process, status, and to solicit early agency and public input. In cooperation with the City, RBF would arrange a suitable location for the informational meetings, whose dates and times are to be determined. Meeting Materials and Presentation Boards. RBF would prepare meeting materials and presentation boards for each informational meeting. The meeting materials will consist of an agenda, sign -in sheets, fill-in question cards, informational fact sheets, etc. RBF will prepare up to five (5) standard -sized (40 x 30 inch) presentation boards showing the project alternatives. The project's engineering firm will provide conceptual engineering support, survey and aerial mapping to define preliminary route alternatives for the public. Prior to public meetings, all meeting materials will be presented to the City and Caltrans for review and approval. Advertise Informational Meetings. If determined to be necessary, RBF would prepare project notifications, in Caltrans-approved format, for publication in three (3) local newspapers of the City's and Caltrans' choice. The advertisements will be one -quarter page and will run consecutively for two (2) days. RBF would arrange advertising using the City's or Caltrans governmental rates for public notification, which will be billed to the City. Record Public and Agency Involvement. RBF would prepare a Record of Public and Agency Involvement that will include letters and agency correspondence, and that will address comments and issues brought up during the informational meetings. Responses to Comments. At the close of the public review period for the CE/IS, RBF would meet with Caltrans staff to review any received comments on the CE/IS and to discuss potential responses to these comments. Then, RBF would formulate responses to the comments and submit the response document to the agencies for review and comment. The agencies' comments will be incorporated into the Response to Comments document, which will be submitted to Caltrans as an appendix to the CE/IS for use in public hearings. RBF would also prepare the draft Mitigated Negative Declaration (MND) Sheet for attachment to the CE/IS. Adams Street Bridge Improvements ® ajAhi P-1.3 „o„,,,,„o Project Number 2006-06 0 Scope of Work Program Mitigation Monitoring Program/Environmental Commitments Record. Prior to City approval of the proposed project, RBF will prepare a mitigation monitoring plan/environmental commitments record, including monitoring forms, to assist the City in implementing the mitigation measures contained in the MND. Final Administrative Record. Prior to Caltrans action on the CE and City action on the MND, RBF will assist the City and Caltrans to prepare appropriate findings and the Administrative Record. Prepare Notice of Determination. Following public review of the CE/IS, a Mitigated Negative Declaration (MND) will be prepared by RBF. The final steps in the NEPA process are dependent on Caltrans/FHWA procedures and any agreements with the cooperating agencies. The most likely outcome is the preparation of a Categorical Exclusion. RBF has included a lump sum budget amount for the completion of the federal process that would include preparation of a Draft FONSI for agency use. Task 3: Environmental Permitting RBF will obtain all necessary environmental (regulatory) permits for the project within the Whitewater River Wash: RBF will prepare and process applications for project permits required for compliance with Sections 401 and 404 of the Federal Clean Water Act. Section 404 permits are under the regulatory authority of the RWQCB; Section 401 certifications are under the U.S. Army Corps of Engineers (Corps); Section 1602 Agreements are under the California Department of Fish and Game (CDFG). Section 7 Consultation falls under the regulatory authority of the U.S. Fish and Wildlife Service (USFWS). This scope is based upon the assumption that the project will qualify for a Corps Nationwide Permit. Under the Nationwide Permit (NWP) program, no individual crossing (or multiple crossings of a single watercourse) may exceed 0.5 acres of temporary or permanent impact. Until the jurisdictional delineation and the NES-MI have been completed, the cost for permitting actions cannot be accurately estimated. Based on a preliminary field review, RBF believes that the project would qualify for an NWP. The firm's permitting services include the following: Coordination with Project Team. RBF will coordinate with members of the project team to review the anticipated permitting approach, discuss and identify any additional information needs, and review the projected permitting schedules, mainly via telephone, mail, and fax, but up to six team meetings also will be required. Objectives of the coordination will include identifying feasible mitigation options and preparing for initial and final coordination with regulatory agencies. RBF will WAdams Street Bridge Improvements a flaeJei D-16 ■o�_i„�,,„, Project Number 2006-06 ® 1 Scope of Work Program arrange meetings, prepare agendas and distribute minutes and other relevant materials. Initial Coordination with Regulatory Agencies. RBF will schedule, arrange, and prepare any necessary materials for a pre -application consultation with the involved agencies to describe the proposed project, discuss permitting approach, and identify potential mitigation options. RBF will arrange meetings with representatives of the Corps and RWQCB. RBF will summarize and document the results of agency coordination and will submit this information in a letter to the respective agencies, with copies to project team members. Permit Applications. Based on the results of the jurisdictional determination and the outcome of the initial coordination with the involved agencies, RBF will prepare and submit the necessary permit application materials. RBF anticipates the following actions: The Corps will provide Section 404 authorization under a NWP. The RWQCB will issue Section 401 Water Quality Certification. The CDFG will issue a 1602 Agreement. Note: The removal of the existing low water crossing in the channel, the construction of a bridge and the removal of the existing fill materials will have a positive benefit to Waters of the United States. Section 401 certification Application. RBF will prepare permit applications accordingly. Each application packet will be reviewed with the project team, and any required changes will be made prior to submittal to the respective agencies. The permit application materials will include the following: • The jurisdictional delineation completed by RBF. • An Nationwide Permit Application, including a cover letter to the Corps, an explanation of the project, description of impacts, site plans, graphics, and an Alternatives Analysis. • A preliminary mitigation and monitoring plan based on Corps guidelines, including information on mitigating on -site impacts to replace jurisdictional areas that will be lost and areas that will return Corps jurisdiction. • A final mitigation plan to be prepared and submitted following Corps review of the application packet, incorporating appropriate conditions based on the agency review and comment. • Complete copies of the Section 401 application will be included. • All necessary graphics and other supporting materials, using existing materials wherever feasible, in order to minimize costs. FMFAdams Street Bridge Improvements o PageiD-i 41 ..... ,„a Pro)ect Number 2006-06 13 Scope of Work Program Section 404 Water Quality Certification Application. RBF will prepare written correspondence requesting water quality certification including the following materials: • Information prepared for the 404 application used to provide a complete project description, including the purpose, location, total site acreage, types of water bodies within the site, and total acres of waters of the U.S. • An assessment of water quality impacts addressing types of fill material to be discharged, impacts to beneficial uses of the water body, and any expected water diversions • A complete copy of the Section 404 application • A copy of the final environmental document for the project, including the certification of the final document • Other appropriate material as may be required by the RWQCB • Coordination with the project's civil engineer, to ensure that the proposed project does not result in an increase in the volume of runoff to be discharged from the site and to ensure that all runoff from developed surfaces is treated for water quality purposes before it is discharged from the site. Section 1600 Et Seq. Streambed Alteration Notification. RBF will submit the following materials to the CDFG: • A standard CDFG Notification of Lake or Streambed Alteration form executed by the client • A CDFG Lake and Streambed Alteration Program —Project Questionnaire • A copy of the report on the delineation of wetlands and jurisdictional waters prepared for the 404 application • A copy of the Section 404 application to the Corps • A copy of the preliminary mitigation and monitoring plan prepared for the 404 • A copy of the Section 401 application to the RWQCB • A copy of the final environmental (CEQA) document for the project • Appropriate plans, exhibits, and maps • Filing fee to be provided by the City based on the cost of the portion of the project that requires a Streambed Alteration Agreement (i.e., the portion of the project where the road crosses the streambed) Adams Street Bridge Improvements ® Page D-18 Project Number 2006-06 0 '-bu 142 Scope of Work Program Follow -Up Coordination. Consultation and coordination will be required among the applicant, project team, and involved regulatory agencies during the review of application materials. Following submittal of the applications, RBF will coordinate with the involved regulatory agencies to respond to agency questions and submit any additional information that may be requested. We have assumed that coordination will take place primarily by telephone, fax, and mail. The proposed schedule and cost estimate includes attendance at three meetings. During this process, RBF will coordinate closely with the project team with regard to any agency concerns, questions, or request for additional materials that may arise. Section 7 Consultation/Coordination (OPTIONAL). As noted above in the technical reports section, RBF will prepare a Biological Assessment (BA) report if required. RBF will provide project team/agency coordination, as necessary, for preparation of a Biological Opinion (BO). SCHEDULE Typically, the schedule on a Caltrans job is driven by review cycles over which the consultant has limited control, so the following schedule focuses on the time required to prepare the consultant deliverables. Based upon experience with similar projects, RBF predicts the critical path schedule items will run according to the schedule on the following page. DELIVERABLES HPSR/ASR (Optional)/HRER (Optional): ■ Five (5) Copies of Screencheck Draft HPSR/ASR/HRER ■ Five (5) Copies of Final Draft HPSR/ASR/HRER ■ Five (5) Copies of Final HPSR/ASR/HRER Acoustical Screening Analysis: ■ Five (5) Copies of Screencheck Draft Acoustical Screening Analysis ■ Five (5) Copies of Final Draft Acoustical Screening Analysis ■ Five (5) Copies of Final Acoustical Screening Analysis Air Quality Assessment: ■ Five (5) Copies of Screencheck Draft AQA ■ Five (5) Copies of Final Draft AQA ■ Five (5) Copies of Final AQA Initial Site Assessment: ■ Five (5) Copies of Screencheck Draft ISA ■ Five (5) Copies of Final Draft ISA Adams Street Bridge Improvements a Pa e,D-19 Project Nmnber 2006 06 ® 'J i Scope of Work Program ■ Five (5) Copies of Final ISA Natural Environmental Study — Minimal Impact Report/Environmental Evaluation: ■ Five (5) Copies of Screencheck Draft NES-MIR ■ Five (5) Copies of Final Draft NES-MIR ■ Five (5) Copies of Final NES-MIR Water Quality Assessment: ■ Five (5) Copies of Screencheck Draft WQA ■ Five (5) Copies of Final Draft WQA ■ Five (5) Copies of Final WQA Traffic Impact Analysis ■ Five (5) Copies of Screencheck Draft TIA ■ Five (5) Copies of Final Draft TIA ■ Five (5) Copies of Final TIA Location Hydraulic Study/Floodplain Evaluation Report: ■ Five (5) Copies of Screencheck LHS ■ Five (5) Copies of Final Draft LHS ■ Five (5) Copies of Final LHS Community Impact Assessment Screening (Optional): ■ Five (5) Copies of Screencheck Draft CIA Screening ■ Five (5) Copies of Final Draft CIA Screening ■ Five (5) Copies of Final CIA Screening NEPA Compliance -Categorical Exclusion: ■ Five (5) Copies of Screencheck Draft CE • Five (5) Copies of Final Draft CE ■ Five (5) Copies of Final CE Initial Study/Mitigated Negative Declaration: ■ Five (5) Copies of Screencheck Draft IS/MND ■ Five (5) Copies of Final Draft IS/MND ■ Sixty -Five (65) Copies of Public Review IS/MND ■ Ten (10) Copies of Final IS/MND ACOE 404 Permit Application: ■ Two (2) Copies of Draft 404 Application ■ Two (2) Copies of Final 404 Application RWQCB 401 Water Quality Certification Application: • Two (2) Copies of Draft 401 Application RWAdams Street Bridge Improvements ❑ Pag? U-20yy .....,..Project Number 2006-06 ® Scope of Work Program ■ Two (2) Copies of Final 401 Application CDFG 1602 Streambed Alteration Agreement Application: ■ Two (2) Copies of Draft 1602 Application ■ Two (2) Copies of Final 1602 Application Task 3: Utility Coordination. RBF will obtain file copies of utility maps within the project limits for all existing and /or proposed facilities. Following receipt of the existing utility plans from each utility company RBF will prepare preliminary plans, which shall include all utility location information as provided by the owning utility companies. These plans will be sent to each utility company within the project limits with request for review and comments on the plans with respect to their respective facilities, and any other project specific information. Monitor response of utility notices received and then make recommendations for mitigating conflicts. Provide written responses to utility companies with regard to stated concerns. Unresolved issues shall be brought to the attention of the City's Project Manager as early as practical. All utility conflict issues shall be resolved prior to the completion of the design plans as follows: a. RBF will be responsible to ensure that the owning utility company provides a written acknowledgment of the conflict, and that they will make necessary adjustments or relocations upon receipt of a written directive from the County. b. Reasonable efforts are to be taken to accommodate utility company requests for minor design changes to accommodate their facilities. The consultant is reminded that the utility companies are generally operating within the City's right of way, but may have superior rights to that of the City in some cases. Additionally, the utility companies share the use of the right of way in order to serve the general public, and deserve a high level of communication and cooperation. C. Coordinate provisions for the City's contractor to perform adjustments and relocations of utility facilities as alternate bid items, if requested by the owning utility. All above ground facilities shall be shown on the preliminary and final plans, and all underground utility information that is provided by the owning utility companies shall be shown. All known utility conflicts shall be shown on the plans with construction notes indicating action to be taken and by whom. The plans should show all poles, with pole numbers, within the project limits. Conduct coordination meetings, as required, regarding adjustments and relocations. WFAdams Street Bridge Improvements a Page U-21 Project Number 2006-06 a Scope of Work Program Communicate with the City's utility coordination staff, and provide copies of correspondence and other information upon request. The City's utility coordination staff will submit the official notice / order to the utility companies to relocate conflicting facilities. Make recommendations for special provision language with regard to utility issues, recommendations for construction windows of time for utility relocation activities, recommendations for inclusion of utility bid items, etc. Assist with the resolution of utility related issues that may arise during the bidding process and during construction, including design modifications as needed and as approved by the Project Manager. Obtain electrical service point for each service equipment enclosure to be installed, and obtain any requirements that the serving electrical utility provider (Imperial Irrigation District) has for the provision of electric service. Fulfill the serving electrical utility provider's requirements as appropriate, and advise City of any that are beyond the scope of the project (eg: applications for service). Within utility coordination correspondence, remind the serving electrical utility provider that Electrical Safety Orders clearance requirements must be met (10' radial clearance between 12kv overhead facilities and signal poles and mastarms, and greater clearance for higher voltage facilities). This clearance may be an issue with the parallel transmission lines and the new proposed profile of the roadway for the all weather crossing. Submit draft service connection plans to the serving electric utility company for approval (Service equipment enclosure, conduit runs, riser quadrant, pole number, and connections to vaults as appropriate) Copies of all correspondence with utilities should be furnished to the City. Task 4: Topographic Base Mapping. RBF will obtain file copies of utility maps within the project limits for all existing and /or proposed facilities. Following receipt of the existing utility plans from each utility company RBF will prepare RBF will provide aerial mapping of the proposed project between Westward Ho Drive and approximately 500' south of the service entrance to Kohl's on the west side of the proposed bridge crossing. The topography shall include, but not limited to, all features within the ROW and beyond to locate any existing facilities. Included at a minimum, any existing utility manholes, and top of cone and rim elevations on the existing roadway sections affected by the new roadway. In addition, RBF will also provide field surveying to obtain accurate elevations on the existing top of curb and gutter for use in verifying or redefining the profile of Adams Street. Adams Street Bridge Improvements © Page D-22 .o„.„�„„. Project Plumber 2006-06 ® "'vi %` Scope of Work Program Topography will include, but not limited to, features within the ROW and beyond to ensure adequate relocation of any existing facilities, provide adequate information for runoff and drainage analysis, provide ample detail and range for detailed design and quantity estimating, and conduct appropriate hydrology studies. Task 5: Geotechnical Report. RBF with assistance from Earth Mechanics, will conduct a field investigation, performing laboratory tests, and conducting analyses to develop geotechnical parameters and recommendations for the design and construction of the proposed structures (bridge and retaining wall) and roadway pavement. Field Investigation. The goals of this task are to document observations of subsurface conditions and collect soil samples for laboratory testing. We propose the following borin ro am: Design Element No. of Borings Approx. Depth (it) Bridge 2 2 80 150 Retaining Wall 1 50 Pavement 2 10 Large bulk samples will be collected for the near -surface soil. Relatively undisturbed and disturbed samples will be collected at approximately 5-foot intervals. The California sampler will be used alternating with the Standard Penetration Test (SPT) sampler. Three disturbed samples from each of the two deep borings will also be collected for grain -size distribution; results of the grain -size distribution will be used for scour analysis. Laboratory Testing. The field boring logs will be reviewed and analyzed to select bulk and undisturbed samples for laboratory testing. The following laboratory tests are envisioned: • In -place moisture and unit • Maximum density weight • Grain -size analysis • Corrosivity • Collapse potential • Sand Equivalent • Direct Shear • R-Value Additional tests may be necessary depending on the subsurface conditions. All tests will be conducted in general accordance with Caltrans Test Methods and/or ASTM Standards. Adams Street Bridge Improvements 13 Pia&! D-2147 Project Number 2006 06 13 Scope of Work Program Engineering Analyses. Results obtained from the field and laboratory testing program will be used to establish an idealized soil profile and strength parameters for bridge and retaining wall foundation design, and slope stability and settlement calculations for the approaches. EMI will provide information on remediation measures if the site soils are corrosive to concrete or steel structures. R-value will be used to determine composite pavement structural sections using Traffic Indices provided by you. Report Preparation. We will prepare three reports: a Preliminary Foundation Report (PFR) for the Bridge Type Selection, a Foundation Report (FR) for the bridge PS&E submittal, and a brief letter report for the roadway pavement and embankment, and retaining wall foundation. Format and content of the PFR and FR will follow Caltrans guidelines. Five copies of the draft version of the reports will be submitted for review. Review comments will be incorporated into final reports and five copies will be submitted. Task 6: Preliminary Design Plans. RBF will develop a 35% street plan and profile showing the proposed roadway section and proposed profile as based on the results of the channel hydraulics, top of the proposed channel lining and the Bridge Type Selection. In addition, this plan will show all known utility conflicts caused by the proposed construction. RBF will submit 5 copies of the plans to the City for review, comment and approval. Task 7: Advance Planning Study. RBF will prepare an Advance Planning Study (APS) in support of the Environmental Document/Project Study Report to develop a feasible structure type and cost considering the roadway and other conditions for the new bridge. The APS will investigate and determine the structure length, width and type, span lengths, structure depth, railing types, including temporary rails, column locations and types of footing supports, falsework, vertical and horizontal clearances, location and slopes of cuts and fills, slope protection, approach slabs, and stage construction. Consultant will coordinate with roadway engineer on roadway issues, the hydraulics engineer for hydraulic studies, and the geotechnical engineer for bridge foundations. As a part of the APS, when requested by the City, RBF will review alternatives for uninterrupted pedestrian access through and across the channel during construction. Alternatives will include: 1) A separate temporary pedestrian walkway and structure located away from the construction zone. A portion of the pathway may be on structure in order to accommodate low flows in the channel. The proposed scope of work is based upon a single 60 foot span prefabricated bridge structure with temporary footings and Adams Street Bridge Improvements ® Page D-2b Pro)ect Number 2006-06 0.J1 1 Scope of Work Program railing. The walkway on grade along the slope and within the channel will consist of graded and asphalt paved paths. 2) Walkways adjacent to roadways under construction for each phase of construction. In both alternatives studies will consider ADA compliance, hydraulic requirements and construction cost of the temporary access. This pedestrian crossing is an Optional Task. The APS will consist of one plan sheet showing the basic bridge plan, elevation, profile, typical section and estimated cost summary in accordance with guidelines set forth in Caltrans Memo to Designers 1-8 and State Local Assistance Procedures Manual and Local Assitance Program Guidelines. The APS will include a Design Memo summarizing all the critical assumptions of the design. Deliverables: • Advance Planning Study • Planning Estimate • Design Memo • APS Checklist Task 8: Bridge Type Selection/Preliminary Engineering Report. RBF will perform a Bridge Type Selection Study on the preferred structure type brought forward from the Structures Advance Planning Study. The Consultant will update the APS and perform preliminary calculations to determine the substructure dimensions and foundations. If requested by the City, a separate plan will be prepared for the construction of a temporary pedestrian access walkway identified in the APS. The plan will indicate the walkway alignment and cross sections. This pedestrian access walkway sub -task is an Optional Task. Consultant will then prepare a Bridge Type Selection Report consisting of a Bridge Type Selection Recommendation making note of all critical assumptions of the design, Bridge General Plan, preliminary construction cost estimate, preliminary hydraulics report and preliminary foundation report. The General Plan will present plan, elevation and cross -sectional views of the selected bridge type. The Bridge Type Selection Report will be submitted to the Client for review and authorization to begin final design of the bridge. Task 9: Preliminary Engineers Estimate. RBF will prepare a preliminary cost estimate of the proposed improvements based upon the approved preliminary design plans, the Bridge Type Selection Report, utilizing the current edition of the RwAdams Street Bridge Improvements m Page pt 2�� Project Number 2006-06 0 1 Scope of Work Program Caltrans Contract Cost Data Book for unit costs. The preliminary cost estimate will include construction items, private property improvements, utility relocations, right- of-way, and water quality measures. Task 10: Whitewater River Channel Hydraulics Task 10.1 Channel Hydraulics. RBF will perform supporting water surface profile hydraulic analysis of the Whitewater River crossing to verify that the minimum freeboard requirements and flood protection levels are provided which are consistent with local and federal jurisdiction requirements. Water surface profiles will examine several different sets of conditions including multi -frequency analysis (2, 10, 25, 100-year and Standard Project Flood (SPF)). Per Coachella Valley Water District (CVWD) requirements, the crossing will convey the Standard Project Flood (SPIT). A "baseline" hydraulic model will be developed utilizing HEC-2 or HEC-RAS, which is representative of the existing channel configuration. The existing hydraulic model will establish the baseline hydraulic parameters which are representative of the average channel characteristics. Geometric data for the floodplain analysis will be based upon digital topographic mapping and supplemented with field surveyed cross sections. The surveyed cross sections and the hydraulic model will extend approximately 1000 feet upstream and downstream of the proposed bridge crossing. The proposed bridge section will be incorporated into the model to determine the effects of the bridge construction on the channel hydraulics. The channel hydraulics will be used to verify that minimum freeboard requirements and flood protection levels are provided which are consistent with local and federal jurisdiction requirements. Development of adequate effective flow area for the bridge channel section is the critical element to ensure adequate level of flood protection and service life of the bridge. Bridge hydraulics must consider the effect of debris accumulation which impinge and collect on the bridge piers. The primary criteria for the design of the bridge requires determination of the (1) maximum water surface for the low -chord of the bridge deck and (2) maximum scour depth in order to protection the piers and abutments. Evaluation of the maximum water surface is sensitive to the streambed material which effects the roughness coefficient Task 10.2 Scour Analysis. The introduction of manmade structures into the river geometry will cause local scour or the removal of streambed material resulting from vortices induced by flow obstructions. Long term trends of the river system may change the service life of the bridge. The total scour at bridge crossings is comprised of three components which include: (1) long term aggradation and degradation, (2) contraction scour, and (3) local scour. For the purpose of the bridge design, it will be assumed that the channel is currently in a state of equilibrium. It is Adams Street Bridge improvements 0 Page,�� D-26 Project Number 2006-06 13 0 Scope of Work Program assumed that the bridge abutments will not extend into the channel. Therefore, no contraction scour is expected. The local scour can introduce streambed variations from local flow acceleration which can expose part of the bridge structure. The local scour of the bridge structure is primarily influenced by the piers and abutment locations relative to the channel geometry. The potential local channel adjustment in the vicinity of the bridge due to the bridge structure, geometry, piers, and abutments will be analyzed. The local scour analysis follows the procedures and guidelines outlined in HEC-18 Evaluating Scour at Bridge. The evaluation includes the application of various empirical relations to quantify local scour depths and geometry based upon (1) pier scour, (2) contraction scour, and (3) abutment scour. Toe -protection depths for the revetment sections will be based upon the application of standard design criteria for alluvial channels. A preliminary assessment of potential scour protection requirements will be addressed. PHASE 2 — FINAL DESIGN Task 1: Project Management. RBF will manage project duties for the Phase 2 component of the project in order to assure a cost-efficient, quality process. As the prime contractor, our staff will provide a suite of disciplines to effectively coordinate and communicate leading to project approval. Within this task, RBF will do the following: Prepare and maintain the quality control plan Prepare monthly project documentation and invoicing Prepare and maintain the project schedule for design approval activities RBF will take an aggressive approach to ensure the timely resolution of issues. Note: This budget assumes that the project design phase will take no more than 11 months. If this project phase lasts longer, the budget for project management will be adjusted to accommodate additional meetings, monthly documentation, etc. Coordination with City of La Quinta. RBF will prepare for and attend monthly meetings with the City of La Quinta regarding the design processing, resolution of issues, strategy development, etc. Project Coordination and PDT Meetings. RBF will prepare for and attend meetings of the Project Development Team (PDT). RBF assumes 11 PDT meetings. Agency Coordination. RBF will coordinate with appropriate agencies through PDT meetings, an agency scoping meeting, and direct contact. Concerns and issues expressed by agency representatives will be documented in a database to ensure that expressed concerns are recorded, communicated to the full PDT, and addressed. The following agencies are likely to be among those included in the coordination effort: Adams Street Bridge Improvements ® IPage D- .... ,.„„, Protect Number 2006-06 v `1.� Scope of Work Program City of La Quinta, County of Riverside, Caltrans, South Coast Air Quality Management District (SCAQMD), U.S. Army Corps of Engineers, California Department of Fish and Game (CDFG), Regional Water Quality Control Board (RWQCB), the State Historic Preservation Office (SHPO), and the US Fish and Wildlife Service (USFWS). Task 2: Environmental Permitting. RBF will obtain all necessary environmental (regulatory) permits for the project within the Whitewater River Wash. As a continued coordination effort from Phase 1, RBF will provide coordination on the applications for project permits required for compliance with Sections 401 and 404 of the Federal Clean Water Act. Section 404 permits are under the regulatory authority of the RWQCB; Section 401 certifications are under the U.S. Army Corps of Engineers (Corps); Section 1602 Agreements are under the California Department of Fish and Game (CDFG). Section 7 Consultation falls under the regulatory authority of the U.S. Fish and Wildlife Service (USFWS). This scope is based upon the assumption that the project will qualify for a Corps Nationwide Permit. Under the Nationwide Permit (NWP) program, no individual crossing (or multiple crossings of a single watercourse) may exceed 0.5 acres of temporary or permanent impact. Until the jurisdictional delineation and the NES have been completed, the cost for permitting actions cannot be accurately estimated. Based on a preliminary field review, RBF believes that the project would qualify for an NWP. The firm's permitting services include the following: Coordination with Project Team. RBF will coordinate with members of the project team to review the anticipated permitting approach, discuss and identify any additional information needs, and review the projected permitting schedules, mainly via telephone, mail, and fax, but up to six team meetings also will be required. Objectives of the coordination will include identifying feasible mitigation options and preparing for initial and final coordination with regulatory agencies. RBF will arrange meetings, prepare agendas and distribute minutes and other relevant materials. Follow -Up Coordination. Consultation and coordination will be required among the applicant, project team, and involved regulatory agencies during the review of application materials. Following submittal of the applications, RBF will coordinate with the involved regulatory agencies to respond to agency questions and submit any additional information that may be requested. We have assumed that coordination will take place primarily by telephone, fax, and mail. The proposed schedule and cost estimate includes attendance at three meetings. During this process, RBF will coordinate closely with the project team with regard to any agency concerns, questions, or request for additional materials that may arise. Adams Street Bridge Improvements ® j Pa0e D 28 Project Number 2006-06 o Scope of Work Program Task 3: Monument Location Identification. RBF shall research the records, perform a field walk and compile on the construction plans the monumentation (including, but not limited to, centerline, right-of-way and section corners) that may be vulnerable to disturbance, destruction, or covering by material as a result of construction, reconstruction or maintenance. An initial search of the record maps revealed the project limits might contain 3 monuments. For budget purposes, RBF has assumed rehabilitation of 3 monuments at a cost of $700 per monument. This task will be billed at a per monument basis. Prior to construction, RBF shall field locate each monument and set and measure sufficient reference tie accessory points to each monument, as required under Section 8771. of the Professional Land Surveyor Act, and file a preliminary Corner Record document with the County Surveyors Office, also required under Section 8773.3 of said Land Surveyors Act. After completion of construction, reconstruction or maintenance, RBF shall replace any disturbed or destroyed monuments as required under said Section 8773.3, and submit a final Corner Record to the County Surveyors Office for filing as a public record, said final Comer Record document showing the monument(s) destroyed, tied out and replaced. The number of vulnerable monuments as a result of this project is not currently known and will need to be determined by research as a portion of the work involved in this task. For budget purposes only, we have provided for the rehabilitation of found monuments. Agency filing fees shall be paid by City. Task 4: Street Improvement Plans. RBF will prepare roadway improvement plans including a project title sheet, typical cross sections, construction details, horizontal alignment layout plans, vertical alignment profiles, grading, drainage, and cross sections of the proposed roadway improvements and submit to the Project Development Team for review and comment. This task includes: • Preparing a project title sheet consisting of the City standard sheets along with pertinent notes and location maps. Preparing typical cross sections for the roadway at intervals that adequately represent changes in roadway cross-section. The typical sections will identify existing and proposed improvements. • Developing the final horizontal layout and the vertical profile alignment for the proposed roadway based on the approved alignment layout and City comments. Adams Street Bridge Improvements ® gage D-�_9 Project Number 2006-06 0 �� 3 Scope of Work Program • Preparing street layout plan and vertical profile drawings for all roadway improvements. The street layout plans will also include removals, grading, and drainage schemes based on the approved preliminary design. • Preparing roadway cross sections identifying existing and proposed ground at 50 foot intervals over the Project length for the purpose of earthwork calculations. • RBF will prepare final roadway plans in conformance with the approved preliminary alignment plans and submit to the City for review at 85% and 100% completion. Mylar plan sheets will be submitted after the approved of the 100% plan submittal package. Task 5: Roadway Storm Drain Improvement Plans/Hydrology and Hydraulics Report. This project will only consider storm water runoff developed within the roadway right of way. RBF anticipates that the existing catch basin on the west side of Adams will need to be removed and replaced as a result of the change in roadway profile in the area. In addition, the east side of the Adams does not currently have a catch basin. RBF will need to determine the drainage area for the proposed catch basin and place it at the proposed low point of the roadway. RBF will prepare design level hydrology analysis to determine proposed and ultimate design flows within the proposed Adams Street right-of-way to verify that the 25- year storm will not exceed curb height and the 100-year storm will not exceed right-of-way. Street hydraulic analysis will be performed to evaluate flooded width requirements. Plan and profile construction drawings based on City and CVWD standards for storm drain and associated laterals. This storm runoff will be discharged into the Whitewater River Channel. It is anticipated that storm drain plans will only be required in the vicinity of the Whitewater River Channel. A final hydrology/hydraulics report summarizing all pertinent design criteria and calculations will be submitted for review by the Agencies. A stone drain hydraulic analysis to determine the hydraulic grade line of the proposed storm drain improvements will also be completed as a part of this task. Once the final storm drain plans have been submitted and approved by the City, specific sheets will be sent to CVWD for approval and inclusion in the permanent encroachment permit. Task 6: Traffic Signing and Striping Plans. RBF will prepare traffic signing and striping plans for the proposed improvements. The plans will be prepared in accordance with City and Caltrans latest Standard Plans and Specifications. 11111111111011121 Adams Street Bridge Improvements 0 f acJe Dt4 „� Project Number 2006-06 13i1 Scope of Work Program Task 7: Traffic Control/Stage Construction Plans. RBF anticipates that the Whitewater River Crossing will require temporary widening and construction in four (4) separate stages: Stage 1- Construct temporary widening adjacent to the eastern lanes. Stage 2- Construct the western half of the proposed bridge. Stage 3- Move traffic to the completed western half of the bridge and construct remaining bridge section. Stage 4- Final cap paving, ultimate striping and cleanup under reduced traffic lanes. The stage construction and traffic control plans will be drawn and detailed at 1:40 scale and will conceptually identify: • Existing Conditions • Proposed Roadway and Intersection Geometries • Suggested Sequence of Construction by Phases • Traffic Detours • Street and Lane Closure Conditions • Minimum Traffic Control Devices around the Construction Area(s) • Construction Area Signs, i.e., "Construction Ahead", "Detour Ahead", "End Construction", and Project Funding Signs The design plans and specifications for the Project will identify minimum specifications for construction traffic control and requirements of the Contractor to submit detailed construction traffic control plans for the suggested stages or alternate stages developed by the Contractor. Detailed traffic control plans to be submitted by the Contractor will be required to be prepared by a registered civil and/or traffic engineer. Task 8: Final Bridge Plans Task 8.1 85% PS&E. Upon receipt of the City's written approval of the selected bridge type, Consultant will prepare the 85 percent plans (unchecked details). All structure design calculations and plans will conform to Caltrans and any Client requirements and will be submitted for review by the client. The bridge will be designed by a California -registered civil engineer in accordance with the applicable provisions of the following manuals: • Caltrans Bridge Design Specifications (LRFD); • Caltrans Seismic Design Criteria (SDC); • Caltrans Bridge Memos to Designers; and • Caltrans Bridge Design Aids; Adams Street Bridge Improvements o Page D-31 Project Nurnher 2006-06 0 ;) 155 Scope of Work Program The level of effort is based on the baseline cast -in -place post -tensioned concrete box girder bridge. The scope of work and design fee may need to be adjusted if a different structure alternative is selected for final design. A set of draft plans (unchecked details) will be prepared in Autocad 2000 in accordance with the applicable provisions of the following Caltrans manuals and in conformance with any Client requirements: • Caltrans Bridge Design Details; • Plans Preparation Manual; and • Plans, Specifications, and Estimates (PS&E) Guide. Assumed baseline alternative is a cast -in -place post -tensioned concrete box girder bridge. 1. General Plan 2. Deck Contours 3. Foundation Plan 4. Abutment 1 Layout 5. Abutment 5 Layout 6. Abutment Details No. 1 7. Abutment Details No. 2 8. Abutment Details No. 3 9. Bent Layout 10. Bent Details No. 1 11. Bent Details No. 2 12. Typical Section 13. Girder Layout 14. Girder Reinforcement 15. Barrier Details 16. Railing Details No. 1 17. Railing Details No. 2 18. Utility Details 19. Miscellaneous Details 20. Joint Seal Assembly 21. Structure Approach 22. Structure Approach Drainage Details 23. Log of Test Borings (by others) 24. Temporary Pedestrian Access Layout Plan (OPTIONAL) 25. Temporary Pedestrian Access Foundation Plan (OPTIONAL) 26. Temporary Pedestrian Access Bridge Plan (OPTIONAL) 27. Temporary Pedestrian Access Bridge Details 1 (OPTIONAL) 28. Temporary Pedestrian Access Bridge Details 2 (OPTIONAL) FHRFAdams Street Bridge Improvements ® Page D-32 Project Number 2006-06 e CC Scope of Work Program A complete bound set of design calculations will be prepared and submitted to the Client for review. Deliverable: • Structural Design Calculations • Plans (Unchecked Details) Task 8.2 Bridge Independent Check. A California -registered RBF civil engineer who is not directly involved in the initial design of the structure will independently check the bridge design. The independent check will be performed in accordance with the applicable design criteria and will include generating independent check design calculations and review of the plans and special provisions. Any significant differences between the initial design and the independent check will be resolved between the two licensed engineers until substantial agreement on the final design is achieved. Any required changes will be made to the design and construction documents. The level of effort is based on the baseline cast -in -place post -tensioned concrete box girder bridge. The scope of work and design fee may need to be adjusted if a different structure alternative is selected for final design. Task 8.3 100% PS&E. RBF shall prepare 100 percent PS&E for review and approval of the City. The 100 percent PS&E shall include 85 percent PS&E updated in response to comments from the City and the bridge independent check. The Special Provisions for the roadway and bridge will be based upon Caltrans Standard Special Provisions (SSP's). Consultant will prepare technical Special Provisions for bidding to be included by the client in their bid documents. It is understood the Client will incorporate the Caltrans Standard Specifications and project SSP's into their bid documents (i.e. Notice to Contractors, Instructions to Bidders, Contractor Forms, etc.) and coordinate the specifications with any other non -bridge bid items. The Consultant will prepare itemized quantity take -off calculations and a construction cost estimate for the bridge and roadway construction. Deliverable: • Plans • Bridge Design Calculations • Independent Check Design Calculations • Draft Special Provisions • Itemized Cost Estimates RWAdams Street Bridge Improvements ® Page D-33 CONSU„„6 Project Number 2006-06 a '� 157 Scope of Work Program Task 8.4 Screen Check PS&E. Following the reviews by the City, agreed - upon revisions shall be made to the 100% PS&E. The specifications, half-size plans, and other bid documents will be submitted to the City for final approval. Deliverable: Half-size set of Plans Final Special Provisions Itemized Cost Estimate Task 8.5 Final PS&E. After receipt of final approval, an original set of stamped and signed plans and an engineer's estimate will be submitted to the City for its use in developing bid documents and soliciting construction bids. The Consultant shall provide the quantity calculations to the City for use in administering the contract. Once the final plans have been submitted and approved by the City, specific sheets will be sent to CVWD for approval and inclusion in the permanent encroachment permit. Deliverable: Full-size "D" size Mylar set of Plans signed and stamped Final Plans Technical Special Provisions Engineer's Estimate Task 9: Channel Improvement Plans. The RBF will prepare plans and details for the channel improvements required for the bridge project. These improvements will be limited to the immediate vicinity of the bridge and will connect with the existing channel lining on either side of the bridge. The Channel improvement plans anticipate the construction of four (4) access ramps for CVWD forces to access the bottom of the channel. Task 10: Final Itemized Engineering Cost Estimate. Based on the 85% and final plan set submittal, RBF shall prepare a Final Quantity and Cost Estimate. The estimate will be submitted with the 85%, 100% and Screen Check plan check reviews. Task 11: Specification and Bid Document. RBF shall prepare construction specifications, using the City "boilerplate" for the contract documents and general provisions. Technical specifications shall be prepared for construction of each item of work in the Project. It is anticipated that all of the above mentioned plans, (street and bridge), will be bid under one construction bid document. Task 12: CVWD Encroachment Permit. RBF shall fill out the appropriate CVWD encroachment forms for the operation and maintenance of the Adams Street Bridge. This task will also include meeting time and coordination with CVWD on ForAdams Street Bridge Improvements v Page D-34 .o"s.1., Project Number 2006-06 o Scope of Work Program any additional items they may request throughout the design process (i.e. access gates, ramps to the bottom of the channel, etc). 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. RBF'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. RBF'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. Prepare a Resident Engineer's Pending File consisting of information including 4- scale drawing and special instructions critical to the proper construction of the project. RBF assumes 16 hours for this task. B. 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. RBF assumes 80 hours for this task. C. Perform up to 3 periodic site visits during construction as requested by the City. D. Provide advice and technical support for construction change orders. RBF assumes 40 hours for this task. E. Review post -tensioning and joint seal shop drawings. Review falsework drawings and check falsework calculations. The proposed fees assumes a single check of the shop plans and calculations. The budget may require adjustment if different shop plans of the same item are submitted for review. RBF assumes 200 hours for this task. Adams Street Bridge Improvements 0 Page D-35 Project Number 2006 06 0 �.t: 159 Last Revised 8-14-07 Exhibit B Schedule of Compensation Payment shall be on a "Fixed Fee" basis in accordance with the Consultants Schedule of Compensation attached herewith for the work tasks performed in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed Nine Hundred Eleven Thousand Four Hundred Fifty-two Dollars ($911,452.00) except as specified in Section 1.6 - Additional Services of the Agreement. The project will be performed by Consultant in two phases in accordance with the attached cost proposal. The Consultant shall not proceed with phase II until authorization is received in writing from the City of La Quinta. In addition, the project includes optional tasks. The Consultant shall not proceed with any optional task unless authorized in writing by the City of La Quinta. 1.11 160 Last Revised 8-14-07 Exhibit C Schedule of Performance The term of this agreement shall commence on February 6, 2008 and terminate on December 31, 2010. The Consultant's project schedule is attached and made a part of this agreement. 161 U� z a a N _3 ° c m QI 75 m � c 1 P c 6 T a m O N 6 'm N m 6 h�l ` Q � �z U O N W � .............................................................. ................................................ O t0 O O O q O m M O m 6i O a M m1 (p 0 m! O O O O O m a a a ml O a 01 M O O M O M O W O M O a O O a Ol O M O a OI O a M O a Ol O 0 W O a A O O O p O p� p O O a M O O a rn M M N N a o N a\ c '- d d D a d 0• O O d d d d d D D D d d D "' d d I m o a o 0 0 0 0 3 3 3 3 D D a 3 o 0 m o m 0 rn 0 m 0 m 0 M ao 0 m m 0 0 0 m-m 0 0 YZ iB m m 0 0 m 0 M 0 fD m 0 m 0 a0 m.m 0 O_l 0 .o 0 tfZ mm 0 N 0 rn 0 rn 0 m 0 O% m'm 0 T 'm 0 +m-o 0 0 O Oa 0 m 0 a a s Of A O a s in0-4 % N D T d d T T T w w w w T� T T w T w m T NN � M N Y � w w � N N- �� i. N fT d S. � M M ❑ O N V � � m W L 6 a u Iw E Q p NN a g _ a 'm O y C '7 N L7 C 0c 0 N Y F ❑ � � yv C C Z O U N ydy N �- N � �d m � N❑ fn N � j� � O Li z ° a � O O. a m 6 Q O o c K fq Np y❑ N d' '❑ N K ❑ N S n � N •�- J h L N O ; woo O m M O I lL C w L 9 °m �a 'o d m u Z ° O ❑ w` _ N N 'IA —'r �- N M O IU :(O 0 N V n n N OJ t0 iM d d ° fu'4r u c w c u o nl m o m a a` m a o c � m 9 G V c E 9 « to A t FA s L❑ � m � N w C e Z 0 00 O LL _q F 0 Co O o, a t y N W N N y o • ¢ c t a a T" ��f N2 m is w V m $ G X e e Q a W � w o u a ¢ 'L g Q a a � w a F n ❑ IL iO1 O w N •'••••• •••'• T T L N W w N w w w w w x �wC �wC ANC fix[ �Ne �Ne ewe yx �w[ N N M W w A T V N .m �m W W R R a m 3 3 3 m 3 •5 w 5 3 m 3 3 w� a ❑ 0 FN h a m w a a a � N c d • E T W n K c a O O c L O p a C O .0 O U a LL m G m x c E 0 _ o a O O a E m H a w a e m Cc '0 _C w C L C C •O N N N F N J W N m❑ N m J T c O O O N 00 a m O y •c m LL Q Q m fj c K N N y❑ N w❑ co K ❑ N S N O. Z w V e o Z O C O• m an d W J n S b O j L a x H o q Q D m U'm W m U A N Q f0 m Enc ❑��' I w 2 N N N t0 F W O O N th < N W r W W O O 10 t0 a` m N th sf N W 1� W' U UON Last Revised 8-14-07 Exhibit D Special Requirements None. �P 1u T4hf 4 4Q" COUNCIL/RDA MEETING DATE: February 5, 2008 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Parcel Map No. 32891, David Chapman, Tradition Club Associates, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map No. 32891, David Chapman, Tradition Club Associates, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel Map No. 32891 is located south of Avenue 52 and east of Tradition Trail (Attachment 1). This residential development will consist of 2 parcels; on approximately 17.12 acres (Attachment 2). On December 21, 2005, the Council approved Tentative Parcel Map 32891. The developer has requested the City Council's conditional approval of the Final Map (Attachment 2) which will allow thirty (30) days for completion of its processing. To date, the SIA (Attachment 3) has been executed by the developer but the associated securities have not yet been received. The Final Map is technically complete and is being routed for signatures. The developer expects that the associated securities and all signatures will be in place within the time allowed for its conditional approval. As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt within thirty (30) days (March 6, 2008), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk) and associated securities. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map No. 32891, David Chapman, Tradition Club Associates, LLC; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map No. 32891, David Chapman, Tradition Club Associates, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, mothyJ. J00sson, P.E. Public Works Director/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF PARCEL MAP NO. 32891, DAVID CHAPMAN, TRADITION CLUB ASSOCIATES, LLC, A LIMITED LIABILITY COMPANY, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council. 1 167 Resolution No. 2008- Parcel Map No. 32891, Chapman AdoptedFebruary 5, 2008 Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The final map for Parcel Map 32891 is conditionally approved provided the subdivider submits all required items on or before March 6, 2008. Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative tract map, the Subdivision Map Act, and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Place appropriate securities in accordance with the approved Subdivision Improvement Agreement. B. Finalize the final Parcel Map and obtain all necessary signatures. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on March 6, 2008. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 5`h day of February, 2008, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: Resolution No. 2008- Parcel Map No. 32891, Chapman Adopted: February 5, 2008 Page 3 of 3 DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California ATTACHMENT 1 170 4° ATTACHMENT 2 ,4y�j. � all ell lilt bi Ile] I� 4v E a@p ggqgq SqB v ki paq�� gp°ER Jfit° 14 bx g $ � iyps ��i 3 k fs. w 9Ao N M i, R z� da b. G Z a� 10 i 41 d i 10 it Q ka a_ , RR $ g X11 Iasp p a itl�1C � � yp gg tj N � q(� �sg88�1tl� .ipjijtl4 SKYPJF�£•J�A all- N is :l�6 B@$ ac Z@� t M -------------- o ^ -- ---- -R-- I n a °5 y 1 igt � y �z W § g , 22 -------------- ----------------- INS_-_ 9 ck��9ckk B,tOMp: c- ?kltl j • ' / #� t G S . ICI Ja • �� \S/� gt! Y�Fp P:q PFRGE [PF22 S'cFc BE j a §g�� /1 5 � Ej �i�yi9a�ayg��bcy%k�py � ��' ��• yes '\ ', • ygy eegg ppp p I ', I ,, Ay gYi6iyy�yyyppp gyyiyy�n56 yyyxifygy� _ A BR Sbb SE7l�5l��Y! � � HHrax 9 —mot e �aoo al eoee$nE ii P_u . 172 NI N £UN �� N rM g �. HIP z 4y ffiM wyy �A�YLAA Liu 3 Q A � p 14 a LESS W------------ PEE ------------------ L) �ek�Y?6MYY.R�p��CpeslXltl Y�FCCSPFCRR�[ccc[CL�FEE BMW r �� %cooaaecee�"c�ic 173 ATTACHMENT 3 CITY or LA QunrrA SUBDIVISION IMPROVEMENT AGREEMENT PARCEL MAP NO.32891 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of 20 by and between TRADITION CLUB ASSOCIATES, LLC (a Limited Liability Company) hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Parcle Map 32891 (the "Parcel") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Imorovement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the, payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as 'Warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. 14L 17'. It B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdividers expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duty authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different forth and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty 2d'1 security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.13., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner. 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Filly Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdividers obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, ad of God, or other events beyond Subdividers control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in forth and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, at sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument ti"uts for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdividers engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. 17- Upon receipt of said request, the City Engineer or a duty -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built" "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement Prior to the release of payment security, the City Engineer may require Subdivider to provide a We report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cum. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorneys fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attomeys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. 1 / 8&7 C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attomeys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager ATTEST: City Clerk DEV177 Chapman Old Ave 5 A 3 By: Title: By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date Date JAdv /y 7�" 8 Date Date 117Z ACKNOWLEDGMENTCALIFORNIA ALL-PURPOSE a a .- ,.iv.. .. » ava..,. a env.-aYa ..a ,.ai.• > a a a aLa,'!' n aS, ax,.aY_�u-a a State of California County of On wv% 1 a before me, cafe l personally appeared r rr• Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person�ltf whose name(pf Ware subscribed to the within instrument and acknowledged to me that he/sAeltgey executed the same in hisRrelitl3h& authorized capacity(io, and that by histherkheirsignatureW on the instrument the personv, or the entity capon behalf of which the person(a) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS and and official se it Signature Signature of Notaryj hl OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: . �hC� V �� 1n VV� �M� Q YaMQI✓t Document Date: Jam �O�ci, • — C Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's NaI ❑ Individual ❑ Corporate Officer — Tide(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: <-n� < � m -� ✓rr � 180 Exhibit A SECURITY — PARCEL MAP NO.32891 ON -SITE IMPROVEMENTS Improvements designated as 'Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the Tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required Tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor S Materials Rough Grading/PM10/SWPPP $ 31,640.00 $ Mobilization and Project $ 5,000.00 Management $ Storm Drain $ 162,300.00 $ Domestic Water $ 3,300.00 $ Sewer $ 15,730.00 $ Monumentation $ 5,000.00 $ Totals $ 222,970 $ Standard 10% Contingency $ 22,297 $ - Total Construction Cost $ 245,267 $ - Professional Fees, Design 10% $ 24,527 $ - Professional Fees, Const 10% $ 24,527 $ - Bond Amount $ 294,320 $ - 18 d7 F7 T4,y ap 40,91& COUNCIL/RDA MEETING DATE: February 5, 2008 ITEM TITLE: Approval of a Ratification of a Contract with Madison Club, by the City Manager, for Traffic Signal Interconnect on Madison Street Between Avenue 52 and Avenue 54 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Ratify a contract with Madison Club in the amount of $63,991.75 for the installation of traffic signal interconnect conduit and puliboxes on Madison Street between Avenue 52 and Avenue 54. FISCAL IMPLICATIONS: The fiscal year 2007/2008 operating budget indicates sufficient balance in Account No. 101-7005-431.71-01 to fund the necessary work. Funds in the amount of $150,000 were initially budgeted in this account to install signal controllers on Highway 111 after Caltrans relinquishes the road to the City of La Quinta. The City subsequently applied for and was granted Congestion Mitigation and Air Quality (CMAQ) grant funds to cover the cost of the work on Highway 111, thereby leaving $150,000 available for this work. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City of La Quinta has recently completed a Traffic Signal Master Plan which includes a master plan for signal synchronization throughout the city. The opportunity exists while Madison Club is constructing Madison Street between Avenue 52 and Avenue 54 to place interconnect conduit adjacent to the roadway before the asphalt concrete is constructed. Performing the work now will save approximately half the costs of future conduit placement and eliminate the need to excavate a trench in the pavement. 182 The City's municipal code makes provisions for the City Manager to execute contracts by the most expeditious manner when time is of the essence, provided the contract is ratified by the City Council. This work was considered an emergency in order to complete the installation of the conduit before asphalt was placed, thereby eliminating the need to trench through the asphalt at a future date and therefore saving considerable cost in the placement of the conduit. Staff therefore recommends acceptance of this work and ratification of the contract. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Ratify a contract with Madison Club in the amount of $63,991.75 for the installation of traffic signal interconnect conduit and pullboxes on Madison Street between Avenue 52 and Avenue 54; or 2. Do not ratify a contract with Madison Club in the amount of $63,991 .75 for the installation of traffic signal interconnect conduit and pullboxes on Madison Street between Avenue 52 and Avenue 54; or 3. Provide staff with alternative direction. Respectfully submitted, / P.E. mothy R. J nas Public Works Dire or, City Engineer It Approved for submission by: rx� Thomas P. Genovese, City Manager 181 COUNCIL/RDA MEETING DATE: February 5, 2008 ITEM TITLE: Acceptance of On -Site and Off -Site Improvements Associated with Parcel Map No. 31248, Walgreens, Evergreen Devco, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept on -site and off -site improvements associated with Parcel Map No. 31248, Walgreens, Evergreen Devco, Inc. and authorize staff to release performance securities. Direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements. FISCAL IMPLICATIONS: Acceptance of the off -site improvements will impact the General Fund as follows: Catch basin maintenance is estimated to be $4,000 annually, which will be incorporated into the Landscape and Lighting District budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 31248, Walgreens, Evergreen Devco, Inc., is located on the northeast corner of Washington Street and Avenue 48 (Attachment 1). The improvements include curb and gutter, sidewalk, curb ramps, storm drains, irrigation, landscaping, signing, striping, and asphalt concrete pavement. All obligations of the Subdivision Improvement Agreement and the Conditions of Approval have been satisfied. 18�•. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Accept the on -site and off -site improvements associated with Tract Map No. 31248, Walgreens, Evergreen Devco, Inc. and authorize staff to release performance securities. Direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements; or 2. Do not accept the on -site and off -site improvements associated with Tract Map No. 31248, Walgreens, Evergreen Devco, Inc. and do not authorize staff to release performance securities. Do not direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements; or 3. Provide staff with alternative direction. Respectfully submitted, A,, � o, " , " I, , , othy R. Jon son P.E. Public Works ecto ity Engineer Approved for submission by: ?z Thomas P. Genovese, City Manager Attachment: 1. Vicinity Map 187 ATTACHMENT 1 x 1 II W a W PM 31248 WALGREENS CITY OF LA QUINTA X11 MA VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: February5, 2008 ITEM TITLE: Acceptance of On -site and Off -site Improvements Associated with Parcel Map No. 31248, Walgreens, Evergreen Devco, Inc. APPLICANT: Ms. Roxanne Fields, Evergreen Devco, Inc. 18F ��T,l'�•jyT y OFF COUNCIL/RDA MEETING DATE: February 5, 2008 ITEM TITLE: Denial of Claim for Damages Filed by: Demise Yvette Swearingen; Date of Loss — July 16, 2007 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 9F STUDY SESSION: PUBLIC HEARING: Deny the Claim for Damages filed by Denise Yvette Swearingen, with a reported date of loss of July 16, 2007. FISCAL IMPLICATIONS: The total amount of the claim is $1,000,000. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Denise Yvette Swearingen with a reported date of loss of July 16, 2007 (Attachment 1). It was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. has reviewed the matter and recommends that the City Council deny the claim. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: U 181 1. Deny the Claim for Damages filed by Denise Yvette Swearingen, with a reported date of loss of July 16, 2007; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, Bre M. Plumlee, Assistant City Manager — Management Services Approved for submission by: Ir 14t)'e Thomas P. Genovese, City Manager Attachment: 1. Denise Yvette Swearingen, Claim for Damages ISO ATTArNMFNT FILEWITR CLAIM FOR DAMAGES RESERVE FOR HUNG STAMP CITY CLERICS OFFICE Cayo(Lawnt' TO PERSON OR PROPERTY CLAIM No. P.O. Bar 15D4 La Quints, CA92153 INSTRUCTIONS 1. Clabrsfa'dealh,howybPMMabpersonalPW*MuslbelaeEtdlaO tgndxrtwnftare the oocunmm (Gov. Code § 9112) 2. claims fo'&Ngea b real Property must be SW eotlahar Clan 1 year dfor the easmerae. (Gov. � � r 1 � R u . _ 1 V ,_ D Code § 91112.) a. Readerlreddmform before %mg 20�8 1`i P! i 2 ?5 4.See pap 2btd �whichbbalePlaceofamMenL 5. Ttds dabi form must be signed on page 2 al bdbm. ° T 6.AbchsgPar* sheets, Cnecessary,bgift fAd�I&SIGN EACH SHEET. C TO: Pr me ofdryl C I 1 SFc VAhW- ctiEr> Namedldakrrant Dab" s A Aln> 4r-D Home Address of Cmknant Cily and Sfa1e Home Teledarra d dakraalt S=6 F L Aver— c i� &WnessAddresaofa*nmt GSlyardstme BosimTdVtaneofdakrent g Ssw A Hr Give address andkp bwm number b vdddl you desks 55ces or eorrolarNceCons ID be sent pamanfs Soda) Seardly No.: 5ri Alt SEE gfygcr+rem Whm dW IWRGE or INJURYooaa4 Warrm of any y enpbyees in *Win MJllR; WAA Dab: _ Tme: MClaen ls'Iw EWiable idmwft. gW dab d want served with the comPlabrt Date: SEI. Att-Ac HcD Where d'd DAMAGE orINJURY occur? Desafoe fib. and kreete on *gram on reveme side of Oris sheet Were sPProP , gw skeet names and address and measurements from lardrnafks: j EE ATfAc I+Lr-> Why do you daim 1* d[y Is responsible? '!�eQ= A*Acr—"0 Describe: In dehal each INJURY or DAMAGE SEE PAGE 2 (OVER) THIS d.AAt MUST BE SIGNED ON REVERSE SIDE 189 The emountciained, es of the date of press ntatwn of this datm, Is Computed as (lbws Damages incurred bdate (exec): Estmated prospecum damages as taras bawn: Damage to property ..................... S Future expenses for medical and hospihal care .$ Expenses for me" and hospdal care ..... E Future loss of ew*W ....................$ Loss of earnings ...... :................. $ Weer prospecM spacial damages .......... $ $pedal damages for ..................... $ Pmspe*m general ..............S Total estimated pnxpecM damages .......$ General damages ....................... S Total damages Incurred todate .......... E Total amount defined as ofdate of presentation of this daim: S Was damage wdW bjury investigated by ponce? Nso, Whatclyf — Were paramedics or ambulance caW N s% name city or ambulance N tnpmad, state dab, tine, name out address of doctor of your Initial viA WATNESSI:S b DAMAGE or RUM. List al persons and addreues of persons known to 11M Momebu Name, Addcros Rhone Name_ Address_. Ph" Name_ Address Rune Phone Phone READ CAREFULLY Fa/aoddeidabnpaceanblbrirgdWmmsaeddeetij I Nwk 7a1byVI"&-dbalondooOr Your wdddefit lhelmedt'OOmiftt Ea L$wtn.NdWesthfmb*mofaoddendby7Cerdbydooat Mew byT-I'wWlhePoWGfhPOdbYW nurnborIor Ngternoesbsheetaarors. IC*Ve"wmkmhad delianaI by boar'llbcdmofCyVdidawlwyou kdsawlLwWbyB'ba0, ofyourW NOTE: f6panob*wdordlitthe0ada,abchherdlospnWdtVam or your rel*% when you tkdWR%Vw*loodonot(SlyrdddedI"of dpredby clAnant CURB �— PARKWAY SIDEWALK 7 � Sig nature of Clef ( or person tang on ns Deno gang rewar rup s ypea name: p bCIa1Rsm[% 'Bra.-W A. f�prtaaes�,{ 01- 11 0 AW4 SM, cbAOaI►4T- 190 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17' IS 19 20 21' 22 23 244 25 26 27 213 KENNER LAW FIRM, P.C. David E. Renner, SBN 41425 Brett A. Greenfield, SBN 217343 16000 Ventura Boulevard, ste. 500 Encino, CA 91364 818 995 1195 818 475 5369 - fax Attorney for Denise Yvette Swearingen ATTACHMENT TO CLAIM FOR DAMAGES TO PERSON OR PROPERTY AGAINST THE CITY OF LA QUINTA Denise Yvette Swearingen, an ) ATTACB14MT RE: individual ) CITY OF LA QUINTA, CLAIM FOR Claimant, ) DAMAGES TO PERSON OR PROPERTY, V. ) PURSUANT TO GOVER1d4ENT CODE S 911.2 City of La Quints ) Respondent. ) 1. Claimant's Name, Date of Birth: Denise Yvette Swearingen, 02-28-1970 2. Claimant's Address: 44360 Villita Dr., La Quinta, CA. 92253 Tel. 760-200-9825 3. Claimant's Mailina Address: 44360 Villita Dr., La Quinta, CA. 92253 Tel. 760-200-9825 4. Claimant's Social Security Number Home Phone Number: SSN. 556-04-4632, Tel. 760-200-9825 5. Date of Occurrence or Transaction July 16, 2007 1 ATTACHMENT RE: CLAIM FOR DAMAGES TO PERSON OR PROPERTY vi 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18' 19 20 21. 22 23 24 25 215 27 28 6. Location of Loss. 44360 Villita Dr., La Quinta, CA. 92253 7. Describe of Incident/Accident Which Caused You to File this Claim: On or about July 16, 2007, Indio Police entered the dwelling of Denise Yvette Swearingen pursuant to search warrant issued by the Superior Court of California, County of Riverside. The individuals entering on behalf of :Law enforcement included but were not limited) to Sargent Peeters and Detective Marshall of the Indio police Department. The purpose of the search warrant was to ascertain the location of a third party for questioning of an event wholly unrelated to Ms. Swearingen or her children. The Indio police Department, including Detective Marshall had been to the residence on multiple prior occasions, including the inside of the home and throughout the front, back and side yards. On'! all previous occasions, law enforcement had encountered Denise Yvette Swearingen, knew she had two children and were aware of her dog "Mimi" a blood hound breed. Never, on any prior occasion had Mrs. Swearingen's dog been aggressive or shown any signs towards law enforcement that any harm or threat of harm existed. The Indio Police Department visited the residence earlier in the day and were asked to leave because Ms. Swearingen's children were at home. While executing the search warrant, Ms. Swearingen notified law enforcement that her dog was in the upstairs master bedroom. The bedroom door was open. Law enforcement asked Ms. Swearingen to walk up stairs and retrieve the dog. Ms. Swearingen walked to the top of the stairs where she encountered multiple members of law enforcement 2 ATTACHMENT RE: CLAIM FOR DAMAGES TO PERSON OR PROPERTY L, 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 201 21 22 23 24• 25; 26 2'P 28 standing at the top of the stairs just outside the open door of the master bedroom. Pursuant to directions from law enforcement, Ms. Swearingen called for her dog to come out of the master bedroom. The dog complied with her requests and walked past several members of law enforcement into the grasp of Ms. Swearingen on the stairs. The dog showed no signs of aggression and all but ignored the members of law enforcement as it walked directly to Ms. Swearingen. While walking downstairs with the dog secured in her hand, Ms. Swearingen was told to raise her hands in the air at gun point and let go of the dog. The dog then proceeded down the stairs past law enforcement into the kitchen to hide. Law enforcement then followed the dog into the kitchen of the home and fired multiple shots resulting in critical wounds to the animal. The dog was still alive and could have been given medical care to save his life. The dog was taken to Valley Animal Medical Center at the direction of law enforcement. Upon arrival, the dog was alive and could of had medical care administered, however, the dog was then ordered killed and cremated by law enforcement without notice to or Iconsent of Ms. Swearingen. No attempts to contact Ms. Swearingen were made by either law enforcement or Valley Animal Medical Center to notify her of law enforcement directives or gain her consent. Ms. Swearingen made multiple telephone calls to Valley Animal Medical Center regarding the status of her animal as well as to the JCounty animal control, however, was not given any answers. As a result of law enforcement deliberate and malicious actions �at her home, Ms. Swearingen has suffered the loss of her dog, emotional distress including but not limited to physical and mental 3 ATTACHMENT RE: CLAIM FOR DAMAGES TO PERSON OR PROPERTY 1 J 3 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17, 18 19i 20 2] 22 23 24 2`i 26 27 28 anguish, humiliation and now lives in a constant state of fear for her safety as well as the safety of her children. Ms. Swearingen's damages are in excess of $1,000,000.00. B. What specific Injury Damages or Other Losses Did You Incur? As a result of the aforementioned incident, Ms. Swearingen has suffered the loss of her dog, emotional distress including but not limited to physical and mental anguish, humiliation and now lives in a constant state of fear for her safety as well as the safety of herl children. Ms. Swearingen's damages are in excess of $1,000,000.00. 9. What Is the Name (a) of the City Employee (a) Wham You Allege Caused Your Injury, Damage or Loss, If Known? Name: Sargent Peters, Department: Indio Police Department; Name: Detective Marshall, Department: Indio Police Department; Several members of law enforcement were on scene. A copy of the police report has not yet been ascertained, discovery is still continuing. 10. What Amount of Money Are You Seeking to Recover? $1,000,000.00. The amount claimed is more than $25,000.00; jurisdiction rests in the Superior Court. 11. How was this amount calculated? Special Damages: As a result of the aforementioned incident, Ms. Swearingen has suffered the loss of her dog, emotional distress including but not limited to physical and mental anguish, humiliation and now lives in a constant state of fear for her safety as well as the safety of her children. Ms. Swearingen's damages are in excess of $1,000,000.00. 4 ATTACHMENT RE: CLAIM FOR DAMAGES TO PERSON OR PROPERTY 1 y 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 21' 28 12. The aforementioned acts were the result of a search warrant issued by the Superior Court of California, County of Riverside. The aforementioned acts occurred within the City of La Quinta and were carried out by members of the Indio police department. The location is within the jurisdiction of the Riverside County Sheriff and the Indio Police Department. 13. Date of First Visit: July 16, 2007 Hospital Name: Valley Animal Medical Center Hospital Address: 46920 Jefferson St. Indio, CA. 92201 Phone: 760-342-7311 14. Please see Number 7, Description of Incident 15. Names Addresses and Phone Numbers of Persons Who Can Substantiate Claim A copy of the police report documenting the aforementioned incident is not currently available to claimant for the purpose of identifying all witnesses. 16. Additional Information None at this time. Discovery is still continuing. Claimant reserves her right to update this answer as information becomes availabvle. 5 ATTACHMENT RE: CLAIM FOR DAMAGES TO PERSON OR PROPERTY . 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17' 18 19 20 21 22: 23 241 25 26 27 28 January 11, 2008 KENNER LAW FIRM, P.C. By: BfVt A. Greenfield, Attorney for Claimant 6 ATTACIIMENT RE: CLAIM FOR DAMAGES TO PERSON OR PROPE9TY 196 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 PROOF OF SERVICE STATE OF CALIFORNIA COUNTY OF LOS ANGELES I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is: KENNER LAW FIRM, PC 16000 Ventura Boulevard, 5tn floor Encino, CA 91364 818 995 1195 818 475 5369 - fax On January 14, 2008, I served the foregoing document described as Claim for Damages to Person or Property, on the interested parties by hand and mail SEE ATTACHED SERVICE LIST X BY Federal Express, Overnight MAIL - I deposited such envelope with Federal Express at Los Angeles County, California. The envelope was mailed with postage thereon fully prepaid. I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at Los Angeles County, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. x (STATE) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. (FEDERAL) I declare that I am employed in the office of a member of the bar of this Court at whose direction the service was made. EXECUTED under penalty of perjury this 14th of January, 2008, at Encino, California. 177A77-777 e e n f i e 1 d 7 ATTACHMENT RE: CLAIM FOR DAMAGES TO PERSON OR PROPERTY O 1, 1 2 3 4 5 b� T 8 9� 10� 11 12. 13 14, 15 16 17 181 1SI 20 21 22 23 244 25 26 27 21; LIST OF PARTIES SERVED City Clerk's Office City of La Quinta P.O. Box 1504 La Quinta, CA 92253 8 ATTACHMENT RE: CLAIM FOR DAMAGES TO PERSON OR PROPERTY, 4 �a� Q•c �s w AM OF�O COUNCILIRDA MEETING DATE: February 5, 2008 ITEM TITLE: Acceptance of the Perimeter Fence at the Fred Wolff Bear Creek Nature Preserve, Project No. 2007-17 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: 7 STUDY SESSION: PUBLIC HEARING: Accept the Perimeter Fence at the Fred Wolff Bear Creek Nature Preserve, Project No. 2007-17 as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorize staff to release retention in the amount of $13,6213.84 thirty-five (35) days after the Notice of Completion is recorded. FISCAL IMPLICATIONS: The following is a budget summary: Original Contract $118,386.00 Quantity Adjustments for Actual Quantities Installed 17,852.40 Total Construction Costs $136,238.40 Amount paid to date-122,614.56 Remaining Fiscal Commitment $13,623.84 Retention To Be Billed 35 Days After Recordation-13,623.84 Amount Remaining to Be Billed $0 AB 939 funds in the amount of $162,000 exist in the Fiscal Year 2007/2008 Budget (Account No. 221-0000-463.71-01). CHARTER CITY IMPLICATIONS: None. '.,. Ilaf; BACKGROUND AND OVERVIEW: On June 19, 2003, the City Council approved the purchase of 19 acres of land zoned as Open Space as part of the General Plan. The property is located west of Montezuma Avenue, between Calle Ensenada and Calle Chillon. On July 6, 2004, the City Council approved the name of the 19 acre Nature Preserve to be the "Fred Wolff Bear Creek Nature Preserve." On March 6, 2007, the City Council approved the Fred Wolff Bear Creek Nature Preserve Master Plan which recommended improving safety, landscaping, and communication. The safety recommendations include posting and enforcing rules and regulations, improving the ability to visually observe the property, and securing portions of the area with a low fence. The landscape recommendations include planting only those varieties that are listed in the approved native plant list, removing mailboxes from the property, and limiting trails within the Nature Preserve. The communication recommendations include developing signs to improve the visitor experience, maintaining communications with other municipal and environmental groups, and establishing a working relationship with the Coachella Valley Water District (CVWD)• On September 18, 2007, the City Council approved the Plans, Specifications, and Engineer's Estimate for the Perimeter Fence at the Fred Wolff Bear Creek Nature Preserve, Project No. 2007-17. On October 18, 2007, five bids were received (Attachment 1). The lowest bid was from Lightning Fence with a bid amount of $118,386. Staff recommended approving a contract with Lightning Fence in the amount of $118,386 and authorizing the expenditure of an additional 15% ($17,758) contingency for an additional 500 feet of fence and possible extra grading and debris removal. On November 6, 2007, the City Council awarded a contract to Lightning Fence in the amount of $118,386 and authorized the expenditure of funds from AB 939. On November 26, 2007, a Notice to Proceed was issued with a forty-five (45) working day contract completion time starting November 30, 2007, and ending on February 7, 2008. The project was deemed substantially complete on January 24, 2008. The project's construction effort is now deemed to be 100% complete and is in compliance with the plans and specifications. Quantity adjustments were between the proposed bid quantities, and the actual quantities utilized. Prior to filing the Notice of Completion, staff must receive authorization from the City Council to approve this project as 100% complete and authorize the City Clerk to file a Notice of Completion. 20n FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept the Perimeter Fence at the Fred Wolff Bear Creek Nature Preserve, Project No. 2007-17 as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorize staff to release retention in the amount of $13,623.84, thirty-five (35) days after the Notice of Completion is recorded; or 2. Do not accept the Perimeter Fence at the Fred Wolff Bear Creek Nature Preserve, Project No. 2007-17 as 100% complete; do not authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and do not authorize staff to release retention in the amount of $13,623.84, thirty- five (35) days after the Notice of Completion is recorded; or 3. Provide staff with alternative direction. Respectf, Ily submitted, Edie Hylton Community Services Director Approved for submission by: Thomas P. Genovese, City Manager 201 Tait^FlaQ" COUNCIURDA MEETING DATE: February 5, 2008 ITEM TITLE: Authorization for Overnight Travel for City Manager to Attend the League of California Cities 2008 City Managers Department Meeting to be Held February 6- 8, 2008 in La Jolla, California RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: /0 STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for City Manager to attend the League of California Cities 2008 City Managers Department Meeting to be held February 6-8, 2008 in La Jolla, California. FISCAL IMPLICATIONS: Account No. 101-1002-413.51-01 Travel and Training contains sufficient funding for the City Manager to attend this meeting. Expenditures for this conference are estimated as follows: Registration $ 525 Ground Transportation $ 158 Hotel (2 nights x $230 ► $ 460 Meals (Maximum 3 days x $75) $ 225 Total $1368 CHARTER CITY IMPLICATIONS: k1rom 1 °.k) 202- BACKGROUND AND OVERVIEW: The League of California Cities will be holding the 2008 City Managers Department Meeting in La Jolla, California. This meeting enables local government managers to network, discuss key management issues, fosters professional development by providing opportunities to meet and exchange ideas. Educational sessions and workshops will provide attendees with an opportunity for acquiring new tools and techniques to address the challenges facing communities and local government administrators. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for City Manager to attend the League of California Cities 2008 City Managers Department Meeting to be held February 6-8, 2008; or 2. Do not approve the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, -LAI Wanda Wise -Latta, Executive Assistant Approved for submission by: Thomas P. Genovese, City Manager r Attachment: 1. Announcement — League of California Cities 20Q8 City Managers Department Meeting OA 203 r,HIE W, * A low VA Tl lAr.I;R i 2008 CITY MANAGERS DEPARTMENT MEETING PROGRAM L a .. REGISTRATION & CITYBOOKS FRONT 9 TEE OFF 9:00 a.m. -.4.00 P.M. GENERAL SESSION EXECUTIVE'. COMMITTEE MEETING 1:30 - 3:00 p.m. 8:30 a.m. - Noon Open P_oads Open Minds. An Exploration of Creative problem Solving The Executive Committee will discuss host, the Department is workingwith the League to a,hieve thei l Strategic Goals. Reports from CCMF, ICMA, MMANC, MMASC will be presented, andthe status of department pl will be discussed WARM Up ON THE DRIVING RANGE PRE -CONFERENCE SESSIONS 10:30 a.m. • Neon "Climb into a vison- ary world and allow your skill set for planning and Prouty setting to be stimu- lated and challenged. Using internationally known photographic Images, find your nest path to success:' PRE SIOI NG: Jeff Kol1 n, City Manager, Cry of Santa P.oma LEAP FROM THE INFORMATIONAL SPEAKER: Steve UZZeli, Photographer. TO CONCEPTUAL AGE- Speaker, 11 eston, Virginia ICMA UNIVERSITY SESSION The era of"left brain" dominance and the engendered Information Age is givingv. q to a new world where ` right lira in" qualities will govern the future Discover how the forces of "abundance, Asia, and automation" are altering the competitive logic oforganizatiorn Pull ahead of the competition usingthe arts, design, storytelling and play SPEAKS R: James Keene, D irecror of Strategic Issues and ICMA West, 1� :MA, Berkeley WAR STORIES - AVOID HR_ SAND TRAPS: SEXUAL HARASSMENT AND ETHICS ISSUES Hear actual ethics and sesual harassment cases and find gut, how to avoid litigation. FACILITATOR Fran Delach, City Manager, City of AZu:a SPEAKERS: Sonia Carvalho, City Attorney, Cities of Azusa, Claremont and `lochs Linda Mildred K- O'Lian, Law Enforcerl Defence Counsel and Litieator, Manning & Marder, Kass, Ellrod, R.anl Los Angeles Grover Trask, Artorne}', Best, Best & Krieger, Riverside STAYING IN THE FAIRWAY BREAKOUT SESSIONS 3:30 - 5:00 p.m. BE INNOVATIVE IN MANAGING PUBLIC SAFETY COSTS • Manage expenses and exert more programmatic control over contracted Sheriffs Department law enforcement • Implement innovative shrftschedules • Utilize non .corn staff • Better manage personnel expenses, recruitment, and retention FACILITATOR; Hilary Straus. Assistant City Manager, City ofCitrus Heights SPEAKERS: Christopher Boyd, Chiefof pol ice, C ity o f Cirrus Heights Richard Brady, President, Marl Consulting Group, Palo Alto William Lansdowne, Chief ofPohce, City ofS,in Dego Henry Tingle. City Manager, City of C itrw Heights IT'S SHOWTIME WITH "THE VIEW" FROM THE 18- GREEN: WOMEN LEADING GOVERNMENT Participate andask questions in a format snni- larto the talk show "The View" such as: How can your organization cultivate woman leaders' How do woman leaden aclneve work/life balance' FACILITATOR: Jan Perkins, Partner, Management Partners, San Jose SPEAKERS: Amy Chan, City Manager, City of5unnyvale Tamara Letourneau, City Manager, City ofYorba Linda Cathy Standiford, Assistant City Manage t, City of Santa Ana LEAGUE STRATEGIC PRIORITY Thin late -breaking sessionwill involve a dynamic discussion ofthe Leagues three stra- regac pnouties (to be developed in November 2007) an well as the legislative proposak that are being introduced in the legislature dealing 'with each of the priorities. MEET AT THE SNACK -CART RECEPTION 5:00 - 7:00 p.m. EVENING RECEPTION AT THE HOTEL Join your colleagues to nets, orl=and enJoy abundant hors d'oeuvres and carveii meats 7 o C G J CAL-ICMA COMMITTEE MEETINGS TURN AROUND TO THE 7:30 - 8.45 a.m. BACK 9 Education and Prote.acria l Development Committee on the Profession Nominations and I, --MA Governance 'Task Force on Preparing the Next Generation Committee on Ethtc.and Professional Conduct REGISTRATION 7.30 a.m. - Noon CITY BOORS 8:30 a.m. - 4:00 p.m. NETWORKING BREAKFAST 7AS - 8:45 a.m. Erpoy ties L-fauwhile networking and plannrngvour day PERS COUNSELING All Day Do you know what your retitement will be Iiht? Sign tip in advance at ivww cacities org /calpers and pimcipare ua a one-on-one tetuement counseling session with a CaIPEP, repiecentarive. GENERAL SESSION 9:00 -10:15 a.m. A TASTE OF FIERCE Tramfolmatlonal ideas wil I shift your understanding of conversatioru and the power they hold in leadership. Using a coaching model that builds an open, direct„ and respectful culture, you antackle and resolve ynur ,.rty's toughest challenges PRESIDING: Kevin Duggan, Crtj'PAanager, Mountain View SPEAKER: Susan Scott, CEO and Founder. Pierce. l ne ., Bellevue, Washington FROM DRIVER TO PUTTER BREAKOUT SESSIONS 10AS a.m.- Noon KEYNOTE FOLLOW UP — A TASTE OF FIERCE NIODERATOR AND SPEAKER: Ken Frank, City Manager, City of Laguna Beach SPEAKERS: Tim Casey, City Managet, CrtyofLaguna Niguel Robert Dominguez. C itv Ma na ger. City otPlacentia Ed Everett, Retired City Manager, City ofF edwood City Dan Hobbs. City Manager, City of Tracy Ray Silver, City Manager. City of Westminster Rod Wood, City Manager, City of Beverly Hills NOT BUILDING COMMUNITIES? THEN WHAT ARE YOU IDOING? Nev. urban Ism encourages a return to design features, i e . prominent front porches, to help provide that unique physical place where we £:eta Bence ofbebngmg Encwnagingvolun- teen.ni and maintauiing cmnmunity tra ditiQnr enhances a sense cfcomrnumrr VIODERATOR AND SPEAKER: Jerry Johnson. C try Manager. City, ofLincoln SPEAKERS: Ken Kay, KenKay Associate:, ..an Fra ncisco Bob Ronutess, Executive Director, Lincoln Volunteer Center, Lincoln In depth analysis of -conversation,' and the principles that will help you achieve results FEDERAL CAP ON RETIREMENT and build relationships BENEFITS SPEAKER: Susan Scott, CEO and Foundet, Fierce, Im_ Bellevue,'XIa.hingten FABULOUS FLOPS: GETTING OUT OF ih �, THE RoucH Ever flopped' Had ideas, projects, or programs fl that never i, ached the marl:? Feel like you need therapy: _ join sixufyout very courageous pees who have volunreeredto bait their soul- and admit for the fi nrst time publicly, that perhaps what at first seemed likea gteat idea wasiit, quite :� great. Did you knew that the Fedetal Governmerit lias,pecific caps on Herr much rerirernent ycu can dray? Find out rfyou will be able to get your full retirementben- irs SPEAKER: Robert Blurs, Attorney, Hanson, Brrdgett„ Marcus, V lahos R Rudy LLP, Sari Francisco 206 DEAD BATTERY ON THE GOLF CART! LUNCH Noon - 2.01) p.m. From wee., coast, priorities to the national perspective, calendar year 2008 will have important issues that directly impact:: ahfemia reties Take on some important and possibly rentioverial -onversations over Iniich with friends and peers. Jon the open dialogue with an open mind followed by the awards ceremony and quick updates from PNG and CCMF PRESIDING: IeffKolin, City Manager, City of Sa nta k.osa • D iversiry Award, John I fail Award, PNG Update. CC tMF A eport BREAKOUT SESSIONS 2:00 - 3:15 p.m. MEDIA RELATIONS AND CRISIS COMMUNICATIONS Discover v..hat the media wants to know, the myths, principles and pitfalls of crisis corn- municatnon Hear from 2003 Cedar Fires incident commander, that had to be "up close and personal" with the media, during a very high energy, high profile and highly stressful situation FACILITATOR: Kathi Henry. City Manager. City „fEI Calon SPEAKERS: Marc Bailey, Newscaster, XETV Channel 6, El Cajon Monica 2ech. Public ❑nfotmation Officer, City ofEI Ca)oi CREATING A COACHING CULTURE FOR CITY SUCCESS Coaching prepares the next generation and strengthen, a culture of high performance Cal-1 CIv1A Coaching Program and other re- sources can help you boost results by ndenrl Ing the key elements of an action plan you can tailor for your city. (00DERATOR AND SPEAKER: Frank Benest. E.d.D .City Manager. Ciry of Palo Alto SPEAKERS: Don Maruska, Master Coach and Director, C al-ICMA Coaching Program, Don Maruska R Conpairv, Inc, Morro Bay Kevin O'Rourke, City Manager, Crty of Fa afield AWARD WINNING DIVER -CITIES Featu n ng th ree forme: winners of the City Managers Department Diversity Award, the sessionwill highlight, innovative pregramsthat work and provide tools to demonstrate how you can achieve them in your community FACILITATOR: Chris Zapata, City Ma31129er. National City SPEAKERS: Rod Gould. City Manager, City ofp,rway David Knapp, City Manager. City of Cupertino Ken Puiskamp, City Manager, City of Sa nta C h ina IMPACT OF TECHNOLOGY Vendors continue to promise a Metter game if you purchase the latest and greatest technology a vailable. At whar rostt Are you adequately managing your reliance upon and the cost of ever impws i rig technology, or does it feel as though it is managing tiov Are you prepared to defend against the legal hazard, associated ..with technological cha ngev Focus on practical executive level reronrmendatiom and examples of -best practirev`products for successfully ma na guag the impact_, of technology. tAOD£RATOR: Michael Flad, Assistant City Manager, City ofBurbank SPEAKERS: Steve Reneker, Chief Information Officer. City of Rivers'& Laura Peabody, Chiefl nformarion Officer. City otl@Sa lnut Creek Juli Scott, ChiefAssistant Criv Attorney, C iry of Burbank THE LEAGUE Q SCHOOL BREAKOUT SESSIONS 3.45 - 5:00 p.m. SPEED COACHING i 20 The Preparing the Next Generation Committee has lined up an outstanding group of city managers to share their knowledge of career advancement. You will have an opportunity to speak to a number of coaches who will discuss the motivation and influences behind their c areer achievements, as well as give advice that you can uti l ize to advance your career CRhME DE LA CRhME - SELECTING AND DEVELOPING Top EXECUTIVES Believe it or not compensation is much less critical to successful recruitment and retention than are succession planning, sound selection practices, and a rewarding •,wrk environment • What to do v,hen the succession plan has fa iledto prepare a viable candidate' • Improve succession planning with proven methods • Better your skil is m execrative selection • Create a personally fulfillingworkplace for your top executives PRESIDING: Bob LaSala, City Manager, City ofLancaster SPEAKERS: Philip E Berghamen, J r., Ph D.. Center for Executive Solutions, Sunnyvale Andrew Winzelburg, Ph D , Center for Executive Solutions, Sunnyvale EXECUTIVE WELLNESS Years of high stress and fast paced employment take their toll on) our personal health Tilse a taw mornent to assets ley preventative v;ellness and ritntion factors that can lead to chronic disease, guided by a highly respected professor of public health and Registered Dietitian Erp lore how to apply morivational inter. iewmg i echniques to your wellness and your work by respecting knowledge, attitudes, and practices. Complete and create a simple Personal Passportto G^od Health. SPEAKER; Gail Frank, Professor of Nutution. Department of Family and Consumer 3ci- enxt, College o fHea Ith and Hinman Services, Califo[rua :ante University, Long £each. CITYBOOR.S 7:30 -10:00 a.m. APPROACHING THE 18TH GREEN GRAB do GO BREAKFAST SESSIONS 8:00 - 9:30 a.m. PERS COUNSELING D o you krmv what you[ retirement will be lilce% Sign up in advance aC unuw ca cities org/calpels and participate in a one-on-one retirement coun- seling session with a CalPER.S representative. SPEED COACHING The Preparing the Nexr Generation Commit- tee has lined up an outstanding group of city rnanageu to share their knowledge of career advancement. You will have an upportuinty to speak to a nc nrbe[ of coaches who will discus: the motivation and influence: behind their career achievemeirts, a: wall as give advice that you can utilize to advance yotit career LEAGUE STRATEGIC PRIORITY This late -breaking sruon will involve a dynamn, disr'ussion of the L.aaguz s three stra- tegic ptionties (to be developed in November 2007) asv;ell as the legislative proposal that are being introduced in the legislature dealing with each of the priorities, DREAMING ABOUT THE 19TH HOLE DINNER ON OWN Enjoy L.a Jolla dining with yout peer. OVERCOMING THE GENERATION GAP! CREATING A LEGACY :.'hare inthe discrosions of three generation', of city manager_ about the creation of Manage- ment Legacy f t Excellence program in one ofCalrfctnia's laigesr cities, Santa Ana, and find out how they trace the path of change in this central city overthe last three decades and turecast the necessary steps to continue the legacy for decades to come NIODERATORANDa SPEAKER: AJ Wilson, Range R ider. ICAdA SPEAKERS: David Ream, City Manager. City of S autn Ana "I look finumrd to the City Manager's department meeting each year to learn fiom my peers about the latest thinking, techniques and practices in our multi faceted profession as well as the chance to catch up friends and recharge in the company of my esteemed colleagues." Rod Gould, City Manager, City of Poway 2007-08 DEPARTMENT OFFICERS PRESIDENT Jeff Kohn City Manager. City of Santa P_osa PRESIDENT ELECT Bob LaSala City Manager. City ot-Laricaster VICE PRESIDENT Kevin Duggan City Manager, Mountain View DIRECTOR Rod Gould City Manager, City of Poway IMMEDIATE PAST PRESIDENT Cynthia Kurtz City Manager. City of Pasadena THE 19TH HOLE! CLOSING GENERAL SESSION 10:00 - 11:30 a.m. TEE DANCE OF LEADERSHIP Managers and leaders recognize that leadet- ship is more of an art than a science. The Dance otLeaderhip Workshop focuses on the art ofleaderslnp, employing rnateual from art, music. and especially dance to discover newways ofthinking about leadership and new ways ofsliatpening one': leadership skills. Professor Denhardt will provide special insight and understanding of the art of leading ethers to achieve shared goals. PRESIDING: Bob LaS ala, City Manager, City ofLancaster SPEAKER: Robert B. Denhardt. Lincoln Professor ofLeadeahip and Edina at Arizona Stare Umveraty and coauthor ofTnr Dance ofLeadershly 208 Y � LO try 4l 4T G Y1 V- m C a ° F m u tiJ a .,• C v ... Y a m — 1Wy �* c aE O v.°a Z m a _ m C +s. ,m -B Y U. Z j �J Y V- V 6 Ci. G Qy a� C g� m `, W Q Ln SLLI .2 ym„ LL Z N w g a 4 �° �° ° LU WZ co fC a s F r2 W O C d LL .> LL O.� O 6 OG O 4 OVG -- O �. JI C •.j (L yy11 � C °3 V V LL G •,�> u .-. C O 2 TV O' OL L C R 4•] u G w G G F R 4 YO t R, .ww V u WLu F n, r � WI ai $ y� m "' W �• � Ec "• �.. x LU rn a u N O o v m L o L H O o E E ttJ V O �� y� b L � _• U y�� T C 7 V N .r' �Le C CI �' m d V W V G m {! W m5 C b S. S V pp c u c R? z` T a F N v •O o LL Z 3 N r G OC Z N LL LF„ �;� U•av„c� zapc La .t M W O V J K 7 Cw u t n• .�, Ly u Fi w F at 'a_ 0 p> a �4 B U z c w 'a E xir xcc d E H 209 ce-tw 4 1wQdArw AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: February 5, 2008 BUSINESS SESSION: _ ITEM TITLE: Approval of Purchase of Electronic JI CONSENT CALENDAR: Citation Systems from Crossroads for the La Quinta Police Department STUDY SESSION: PUBLIC HEARING: Approve purchase of Electronic Citation Systems from Crossroads for the La Quinta Police Department. FISCAL IMPLICATIONS: Thee total estimated cost for six electronic citation systems is $46,052.69. Funding for the citation systems is included in the Fiscal Year 2007-2008 adopted budget and no new appropriation is necessary. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Electronic citation systems allow law enforcement agencies to meet ever-growing data collection and reporting requirements without compromising officer safety and effectiveness. Officers can use mobile computers and printers to complete traffic stops faster, while devoting more of their attention on the offender. Computer assisted operations also provide more accurate information than manual methods, producing complete, enforceable citations that improve conviction rates, reduce court administration time and increase efficiency. The Police Department has received quotes from 3 vendors that can provide the requested electronic citation ;, 210 systems. These quotes are for nine units, however the City of La Quinta would only be purchasing six of the units, and the other three units are intended for the City of Coachella. Therefore, La Quinta would be paying two-thirds of the total quote. Crossroads Software's quote of $69,079.04 is the least expensive of the three quotes. The La Quinta Police Department's share would be $46,052.69 Crossroads Software is most consistent for support services, and they are familiar with the Police Department's current database software and products. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve purchase of Electronic Citation Systems from Crossroads for the La Quinta Police Department; or 2. Do not approve purchase of Electronic Citation Systems from Crossroads for the La Quinta Police Department; or 3. Provide staff with alternative direction. Respectfully submitted, Bret�KA'Plumlee,. Assistant City Manager — Management Services Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Recommendation from La Quinta Police Department dated January 28, 2008 2. Vendor Proposals 211 Riverside County Sheriff- Indio Station 82-695 Dr. Carreon Blvd., Indio CA. 92201 Stanley Sniff - Sheriff Proudly Serving the Communities of: Palm Desert -Sun City, Bermuda Dunes, Indio Hills, Vista Santa Rasa, Thermal, Mecca, Oasis, Northshore, Chiriaco Summit, and the Cities of La Quinta and Coachella. MEMORANDUM To: Lieutenant Gregory Fr: Sergeant Walton Date: January 28, 2008 Re: Recommendation to Purchase Electronic Citation Systems for the La Quinta Police Department Electronic citation systems allow law enforcement agencies to meet ever-growing data collection and reporting; requirements without compromising officer safety and effectiveness. Officers can use mobile computers and printers to complete traffic stops faster, while devoting more of their attention on the offender. Computer assisted operations also provide more accurate information than manual methods, producing complete, enforceable citations that improve conviction rates, reduce court administration time and increase efficiency. Automated systems provide a solid and measurable financial payback by removing clerical data entry requirements, while improving officer efficiency and the dedicated time to correct illegible or missing information. Various studies of electronic citation processing systems have found the following: • Electronic systems can transfer records to courts, local database, and county computer systems within seconds of the citation being issued. In contrast, the average time to transfer paper -based citation records is twelve days according to the University of Pittsburgh School of Law. • Mobile computing and automated data collection systems enable collision reports to be completed with 750 fewer keystrokes, and eliminate 200 keystrokes from traffic citations, according to the U.S. Department of Transportation (U.S.DOT) • Approximately 10 percent of all citations received by courts contain at least one error, according to it University of Pittsburgh School of Law study. The study concluded, `Electronic ticketing has the ability to eliminate most, if not all, of these types of errors..." • Electronic citation systems are currently implemented within Riverside County Sheriffs! stations at Temecula, San Jacinto, and Moreno Valley. Propos;rls: The following booklet incorporates the cost proposals from three leading vendors within the electronic citation system fields. 212 The information provided to each vendor was consistent to the following criteria: • dine electronic citation systems, operating software, and printers • The ability for data transfers to the Desert Consolidated Courts, RMS Tiburon, and Crossroads. • Rugged outside case for protection to fragile components. • Training and support for officers. • Maintenance, updates, and support for warranty hardware items. • Agreement to use various funding methods at the preference of each contract city. Vendors: Crossroads Software 210 W. Birch Street, Suite 207 Brea, Ca. 92821 (714) 990-6433 Cost: Advanced Public Safety 500 Fairway Drive, Suite 204 Deerfield Beach, Fl. 33441 (954)354-3000 Duncan Technologies 633 W. Wisconsin Ave. Suite 1600 Milwaukee, WI.53203 (888)824-8284 Crossroads Software $46,052.69, (includes tax and installation) Advanced Public Safety $59,674.82, (not including tax) Duncan'Technologies $45,752.00, (not including tax, $500.00 travel charge, or installation at $150.00 per hour). Recommendation: I have conducted extensive research and inquiry to each vendor's products. Based on the current and future needs of each city's traffic services team, I recommend Purchase of the Crossroads Software electronic citation system. Each vendor has a professional, efficient offering. However, unique to Crossroads Software Company, I found the following decision prompting features: • Crossroads Software is a California based company. • Indio Station, City of Coachella, and City of La Quinta currently utilize the Crossroads Database. • Unlike the other vendors, Crossroads Software does not invoice for a project manager, single point of contact, or technical service updates. • Crossroads Software support services are consistent, efficient, and familiar with our current database software and products. • Duncan Technologies appears slightly cheaper on its face, buy they did not include tax and all needed costs in the quote, as instructed. Adding normal tax to the equipment and software costs quoted, we found the true cost to be at least $4,960.00 higher. This increased cost would total S49,058.67. The following cost approximations account for six (6) electronic citation systems for the City of La Quinta. City of La Ouinta Approximate Cost: $46,052.69 ($18,673.51 savings over the requested budget amount of $64,726.20) Prepared By, David Walton, Sergeant Indio Station Traffic Services 2,1 3 Attachment 2 Cost ARM For: La Quim'a Police Department Item No Item Description 1 Citation Software for Handheld 2 Collision Report Software for Handheld 3 Court Transmission Software 4 Interface to Output Records to RMS System 5 Sync Software and Export Software 6 Intemtee CN3 Handheld with Bar Code Reader 7 Magnetic Stripe Reader 8 Charger for httermec CN3 Handheld 9 Zebra RW 420 Bluetooth Printer WO Mag Stripe Reader 10 Zebra Printer Wall Charger 11 Printer Paper per roll 150 cheelroll) (36 rollslcase) 12 SD Memory Card (128MB) for Handheld 13 SD Card Reader Taerdar.0daba23, 2007 Crossroads Software 210 W. Birch Street, Suite 207 Brea, CA 92821 Number: CP 07-148 Quantity Price Taxable Amount 1 $15,000.00 No $15,000.00 1 $16,000.00 No $15,000.00 1 $2,200.00 No $2,200.00 1 $1,600.00 No $1,600.00 1 $1,200.00 No $1,200.00 9 $1,980.00 Yes $17,820.00 9 $190.00 f Yes $1,710.00 9 $176.00 Yes $1,675.00 9 $613.00 Yes $6,517.00 9 $54.00 Yes $486.00 1" $4.00 Yes $676.00 9 $45.00 Yes $406.00 3 $35.00 Yes $105.00 21' Item No Itea Description 14 'Training and Installation (two training sessions -four hours each) 15 Two Yeats Maintenance and Support Quantity Price Taxable 1 $1,800.00 No 1 $2,000.00 No Sub Total Sales Tax 7.75% on $28,194.00 Total Hardware cost per additional handheld setup (Including tax): 53,331.63 Tuerdgr. Odober23.2007 Amount $1,600.00 $2,000.00 66 4.00 as .18s.04 69a ,079.04 215 ASenty lams: avmwe CCady Owfi a Deperlm nt Contact Name: David Kennedy ikddees: 82695 Dr. Carraorr Blvd (954) 884.3000 x244 6. States M: Ill CA 82201 dkennedytj el 9 I�Sunda• CIIaSoo Software.IntetmmCN3 ANtl dool 8 try.210.00 $65.8S0.00 Ilntemec CN3 802.11 l 2D brreger, Extended DOW, Meg Ssipe w184a>oofh, 8 802.111Ng. Reader. QwEM Y Keypad. No GPS. MS. Spdrd. USS ,ID Mayer. End Cradle, line Cord. 110 Vdt PS, USB Cable. Zebra lea". Meg, OlMi TY RW420 BluaboS►.118vL Includes wireless fad Keypad, No GPS, VyM5, dowrdoeder and abbon font ROMPment Software. Spdd, Zebra RW420 ffludooSr,110vt 1 (Fbe)-RMS E tam (MaY 57.5 BD 57 �0 00 - fee from RM00 re*** additionid vendor) 1 Smgt6gmrt lFSe1-Court Electronic lnamferof Sold deft to end William (Met 57.800.00 �• •� require addiSorrel tee from database varrdor) 1 Smut6rport (Fbe) - E(estrarbbansferof Sold dales to bedaerrd system (MAY $7.600.00 S7.S00.00 require addbiarel fee from d0base vendorH) 4Craeroeds Zebra CMOs" coo pill o1z" corniO a TOP Coated Hill $14220 Sill Theme! Paper Case Quality Paper Rags (Il 1 Zeus RMW Cabo Zebra MCI Cable (Sum 1 OAO 510.00 (Salad 1 AnnadMaimeaanee AmaralMelMersarae $11A .00 58=.00 1 Prood Mmragesuud Dedicated Project Manager aaWned from PO Onugh S2.024.65 $2,024.55 Spa cre Aoceptanee. Provides etrple Point of corded. 1 Swppkrg a Hartdbng Shill 8 Hwrdtkrg 5188 fa IS18&88 1 Tal Per Diem Trahrkrg Sumoo I P-000.00 NET TOTAL (UIR f88,612.2.1 Pricing Is guerardeed through December 31, 200T All Carlow purchase ardent for APS products OW savicas are subject to APW End User License Agreement and Tana and Condllione of Sale, which can be viewed at htlpJhaww.aps uadownlosddagmo=nt pdf. Such turn, along with any addtiond turns and conditions agreed to and accepted by APB In Custorrra's purchase order or otheeuAse sdpuletsd In wMM, shag prevail over any differing or conflicting lama to this Proposal PaymentTeral 80% due upon receipt of Customers purchase order 40% due upon Initial software delivery (excluding SmartExpoM 10% or remainder due upon completion and final hardware delivery 21^ x u 0 "®duncan' RMBISWO County SD technologies October 15, 2007 Afin: Sgt yin Purchase Quotation UNIT TOTAL C REM or SERVICE QUANTITY PRICE PRICE 1„ AutoCITE Series X3 Handheld Computer wNotce Recorder Magnetic 8*9 Reader DOW Color Camara Bar Code Scanner 2. USB ChargedMultiptexer (6 ports each) including RJ12 cords 9 3,500 31,500 9 500 4,500 9 550 4,950 9 450 4,050 2 1.000 2,000 3. AutoIS8UE.net Host with: Traffic Citation Issuance (Codrella) 1 7,500 Trefflo Citation Issuance (LaQuirda) 1 7,500 Signature Capture 1 2,000 Task Group Manager (Included) v&mbws 2mm & xPPro SumdAW9 or cow Versions. For Network Sarver Venton, ORACLE or M&ML tab uses Server So nm & NT NeWm* r„W be pokled by AOerroy. Add $3.000 nor AWIaSUE.net wMark verdon. Al. Training and Installation ($5001ft1treiner) IL Travel & Lodging Expenses Per Trip 13. System Analysis (Includes dery duclu ft for RM8 & Cmd kftfm) 7. Citation printing (15,200 two part) 11. AiftCRE PC Host Computer System: PENTIUM 4 3.0 GHz CPU 1- GB* Main Memory 1 - Color Monitor (SVGA) 800400 min. res. 1- USB Port 2.0 1- CD ROM Drive 1- tOGS Free Space 1- Laser Printer WIN XPPro Oper. Sys. w/.nat framework • Minimum Mamoru and Heat Dick Storage A 3 included 2.500 2,128 7.500 7,500 2,000 Included Included 2.500 2,128 To be Supplied by the agency One days labor cost of $500 will be incurred for travel time. All additional customization "or programming will be at the rate of $1501hour. ' j , 21, soF7WARC and EQUIPMENTO Auto01TE Namftlds: Unit Prke . 1. X3 wNwo reorder 3.600 2. X3 wNq mtio Stripe Reader 4,000 & X3 Color OW Camera 550 4. X3 Bar Code Scarmer (213 Or 1 D) 450 AiAcISSUR AppRaatlons: UnitPrice 1. Pedit Citations 6,000 2. Tmfic ltokets 6.000 3 Code Entrament 6,000 4 Public Confect 4.000 S. TransftVioleUons 4,000 S. Fleld Imredgations 4,000 7. AbandMW Vaiddes 4,000 S. AnWM Moldons 4,000 9. Signature Capture 2,000 10. Diagrams 2,000 AutoISSUE Spacial Function Subsystems: Unit Price 1. Thee Lkrdt Maddng 1.000 2. PwMng Permit Cross Reference 11000 3. Metedi ovation Matrbr 1,000 4. Broken Meier Reporting 1,000 5. Damaged Sign Reporting 1.000 8. OMloer Acd* Logging 1.000 7. Visitor Infomnalion 1,000 6. Bercode Printing on Citations (1D) 1,000 9.00R Printing 2,000 10. Vldtrreae Forms 2.000 11. WemingsTraddng 2,000 12. Manuel Data Erdry (per tom) 2,000 13. Habitual Offender Escab*m 51000 14. Network SNWVenftn (up to 5 users) 3,000 MW per user over 5 users) ORACLE or MS/SQLsupphed by Agency 21S AMOM Accessories & Raided Equipment Unit Price 1. AMCITE VeWSlcyde Mounts (X3) 15 2. AutoCITE Cover One wiBeti Gip 75 S. Single User Gouger (auto or wall) 80 4. Stytus (3 pack) 12 1. traffic ScAets (XW) two shoals 15,200 $ 2,128 2. dlatiav envelopes 15,000 $ 960 (paper products are best estimates and are Subject to pdnter price changes. Weather proof and non -tear paper are also available along with volume discounts) pernoesr:NT ea d SOFTWARE PURCHASED SYSTEMS ONLY WARRANTikB and tiAAI1rTENANCE 1 at Year at No Charge Apr tat Year 1. AutoCITE X3 $ 400 per year each unit 2. Magnetic Stripe Reader $ 50 per year each unit 3 Blow Color Camera $ 50 per year each unit dL Bar Code Scanner $ 100 per year each unit 5. USB ChargedtAultiplaxere $ 50 per yew each Unit (D S. Aub=UE Systems $ 800 per year (Trafric system) DEW= and PAYMBIT SCHEMILE . Delivery is approx. 90.120 cloys ARO and Execution of the Technical Design Documer+t All hardware, sollware, training and travel agpenses will be invoiced upon the completion of Installation and training and will be due In 30 days. A I^ late fee per month will be charged after 30 days. CustartcallOn will be invoiced 50% with the order and 50% upon delivery. U 21� QU141fau "i F`y OF'CtlO COUNCIL✓RDA MEETING DATE: February 5, 2008 ITEM TITLE: Authorization for Overnight Travel for the Planning Director to Attend the American Planning Association's (APA) 100th National Planning Conference in Las Vegas, Nevada, April 27 — May 1, 2008 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: I1Z STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for the Planning Director to attend the five- day 100`" National American Planning Association's (APA) Planning Conference in Las Vegas, Nevada, April 27 — May 1, 2008. FISCAL IMPLICATIONS: Costs associated with attending the APA Conference will be funded through Fiscal Services Training & Meetings, Account No. 101-6001-415.51.01. This conference was budgeted in the 2007/2008 Fiscal Year Budget at $2,000. The breakdown of expenditures is anticipated to be as follows: Conference Enrollment - Early Registration $ 695 Travel 340 Meals 215 Lodging ($150 x 5) 750 Total $2,000 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The five-day 2008 APA Conference focuses on planning issues affecting local governments. Seminar information is included in Attachment 1. 220 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for the Planning Director to attend the five-day 1001h National APA Planning Conference in Las Vegas, Nevada, April 27 - May 1, 2008; or 2. Do not approve authorization for overnight travel for the 100`h National APA Planning Conference in Las Vegas, Nevada, April 27 - May 1, 2008; or 3. Provide staff with alternative direction. ubmitted, , Planning Director Approved for submission by: �D Thomas P. Genovese, City Manager Attachment: 1 . Conference Material 221 I I!. I: I i I I, t III I 7 F f F.I r R TR �I I, 1. , • �, � ., c ',; : i, , �'- I I 17 -p I I I li �� i �• I I. .CONFERENCE SESSIONS dear hevv perspectives and proven sokltons on a brow lrairge ofilIplalnninlg isslues.�These /5-minute sesslo s alle open tol all "conference leglstran s Each is assigned a function code listed after If- tlUe, to helpl rcltrants f ind updated it formation about the session In the ; fi al ceilfe-enlcel program. Please note: Frmlction codes are not room numhcrs.' I,� � l I I i � I I I i III �I II I I I I I I I I I I li PLANNING Ii LABORATO RY. I I Ala nec7coinnl�,,ilucs i , I csl 1 uudrm ys, 'Ccol I _ - f F i (, U jJ . IL iG COI ,L �t I :III SIOI ti11) OcIC 'OU1,50 I' - I�O 52r ,CO:IOI i. I III - - I I _I Y II: i'. ITS I I 1 9t It r I I 1 I I I , P� x en�nce�lf ori'i� Int_rest=� I � I I ul� conference e I SPECIAL TRAC I,. KS li.Foc�syo II I I I P. i� l� I e Ina partf ilular roplc such as health or enterralnment, to l Ilsm, andirecre. ' �ri anon ollow a confelelI le nack'to heai u�ranae of�ldca� onuelated s�ibfects 01 iren ltrac! Ooals olhlelll`er,glnq tren so Issues rele ant,lo the conference :-' I uI I "DI tlon�. Look roruiformatlonlon special Tracks throughout thls se.Ion I . r I� I I �I I i I I � r I 1 � I TECHNOLOGY TUTORIALS IN-DIEPTH WORKSHOPS ANDI on Sunda offer thorough instruction in' leading groups, plan- ning for public health, conservation programs, and more. Or spend the day giving back o'the community at the AICP Community Planning Workshopl. New directors can pick up tips on leading an agency in the New Directors; Institute.1 CIS work- shops throughout the conferenlIce are a chance to learn new ways to effectively use mapping software, while Technology Showcase highlights hands-on applications. 1. I 1 II i - - A REAL CHALLEIN E. j x { Whetheryou'renlonlg- p' tksiance cycllstorplonner s s , ' ri ;4J I lOoking to hone you skills, �ag.fa qh. �} ,�i"++'l �r �Y . .•.• cac} rx r. t� �'.�b¢I ss 1•- > a - V_ if�s'�f at OUCQn finCl (he ChQllenge lyou need In the oeseiY. lake �y f1�i I v t � _ �Ifa ," 9 qr=. � . 0 � � % on o UQlning workshop, GIS ^ ' f :7;�Z o-,ty� :� 1"` n,yis �•9+r• I_ )�c.�W I 1 ss 1'SJ . � 1'� OrrCShOp OY T2ChnolOgy .SIF howcose presenscrlon to testyourskllls. 1 I I •. I 41 II hill �- I •. �� I - i 'i Ill I •. c&ty/ 4 XP Q"Km AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: February 5, 2008 BUSINESS SESSION: CONSENT CALENDAR: ITEM TITLE: Approval of the Plans, Specifications and Estimate (PS&E) and Authorization to Advertise STUDY SESSION: the Avenue 52 Bridge Improvements, Project No. PUBLIC HEARING: 2005-02 for Bid RECOMMENDATION: l3 Approve the plans, specifications and engineer's estimate (PS&E) and authorize staff to advertise for bid the Avenue 52 Bridge Improvements, Project No. 2005- 02. FISCAL IMPLICATIONS: The following is the approved funding and funding sources for the Avenue 52 Bridge Improvements project: APP Fund Transportation DIF Total Funding Available: $ 200, 000 $2,148,875 $2,348,875 Based on the engineer's estimate of probable construction costs prepared by LAN Engineering in the amount of $1,508,722 the following is the estimated project budget for the Avenue 52 Bridge Improvements: Design: $250,000 Professional: $48,750 Construction: $1,508,722 Inspection/Testing/Survey: $300,000 Administration: $48,750 Contingency: $192,653 Total: $2,3481875 s ,: 225 As illustrated, adequate funding is available to support staff recommendation. CHARTER CITY IMPLICATIONS: The project is 100% funded with APP and Transportation DIF funds. As such, the project will be bid without the prevailing wage requirements. BACKGROUND AND OVERVIEW: The proposed improvements include widening the Avenue 52 bridge over the Coachella Canal located approximately one -quarter mile east of the Jefferson Street roundabout to its General Plan width to accommodate four lanes of traffic and a sidewalk on each side of the roadway. Other ancillary improvements include widening the roadway approaches from approximately 200 feet west of the bridge to approximately 900 feet east of the bridge, and construction of an 18-foot wide median with landscaping in the newly widened area. Additionally, a 600-foot long retaining wall will be constructed on the north right-of-way line east of the bridge due to difference in elevation between the street right-of-way and the adjacent private property. On May 17, 2005, the City Council adopted a Resolution approving the Fiscal Year 20C15/2006 through 2009/2010 Capital Improvement Program (CIP). Sufficient funding for the Avenue 52 Bridge Improvements project was included in the adopted CIP to proceed with the design phase of the project. On December 6, 2005, the City Council authorized staff to distribute a Request for Proposal (RFP) to obtain professional engineering services to prepare the plans, specifications and engineer's estimate (PS&E) of probable construction costs for the Avenue 52 Bridge Improvements, Project No. 2005-02 and appointed a Consultant Selection Committee. On March 21, 2006, the City Council awarded a design contract to LAN Engineering in the amount of $198,140 to prepare plans, specifications and engiineer's estimate. On February 6, 2007, the City Council accepted a right-of-way dedication from Prices Nursery and Garden Supply. On May 1, 2007, the City Council adopted a Resolution approving the Fiscal Year 2007/2008 through 2011/2012 Capital Improvement Program (CIP). The Avenue 52 Bridge Improvements project is included in the adopted CIP with construction phase funding provided for Fiscal Year 2007/2008. 22' On December 4, 2007, the City Council approved a contract and license agreement with the Bureau of Reclamation authorizing access to the Coachella Canal right-of- way to reconstruct and widen the Avenue 52 Bridge. The PS&E for the Avenue 52 Bridge Improvements are now complete and available for review within the City's Public Works Department. Contingent upon City Council authorization to advertise the project for bids on March 6, 2008, the following is the anticipated project schedule: City Council Approves PS&E Project is Advertised City Council Awards Contract Sign Contracts and Mobilize Construction Project Close-out FINDINGS AND ALTERNATIVES: February 5, 2008 February 8 — March 6, 2008 March 18, 2008 March 18 - 31, 2008 April 2008 — March 2009 April 2009 The alternatives available to the City Council include: 1. Approve the plans, specifications and engineer's estimate (PS&E) and authorize staff to advertise for bid the Avenue 52 Bridge Improvements, Project No. 2005-02; or 2. Do not approve the plans, specifications and engineer's estimate (PS&E) and do not authorize staff to advertise for bid the Avenue 52 Bridge Improvements, Project No. 2005-02; or 3. Provide staff with alternative direction. Respectfully submitted, ' K 1 T othy R. on s on, P.E. ulic r.bWow Di ector/City Engineer 2917 Approved for submission by: �f Thomas P. Genovese, City Manager 22Q c% 4 ZP Qu&r6j COIJNCIL/RDA MEETING DATE: February 5, 2008 ITEIM TITLE: Consideration of 3`d Quarter Community Services Grants and Funding Requests RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: / CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The Ad -Hoc Committee received $11,500 in requests for consideration. The Ad - Hoc Committee is recommending funding $5,500 of the $39,557 in available funds leaving $34,057 in the Special Project Contingency account (101-3001-451.80-01) for future consideration. If the City Council were to award grants exceeding the available amounts in the Contingency and Media Promotions accounts, additional funds may be appropriated from the General Fund Reserve account (101-0000- 290.00-00). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On December 4, 2007, the City Council approved the formation of an Ad -Hoc Committee and appointed Terry Henderson and Lee Osborne as the two members to review the 3rd quarter grant requests. The Adhoc Committee met woth staff on January 22, 2008. The Ad -Hoc Committee reviewed four grant applications from various local organizations. The Grant Guidelines indicate only non-profit organizations are eligible and are limited to $5,000 in funding. Grant recipients cannot receive consecutive year funding as stated in, the City of La Quinta Grant Guidelines (Attachment 1). The exception to consecutive year funding is for requests for City facility rental fees by non-profit organizations. I.tli 221 The following table summarizes the requests and Grant Review Committee's recommendation: Committee's Applicant La Quinta High School Girls Soccer La Quinta High School Girls Basketball Applied $2,500 $2,000 Recommendation $2,000 $2,000 Coachella Valley Amateur Sports -- Kapu Fastpitch Softball Boosters ALS Association, Greater Los Angeles Chapter $2,000 $5,000 $1,000 $ 500 Total $11,500 1 $5,500 Recommended Grant Requests of $5,000 or Less: All four of the submitted grant requests were for $5,000 or less and are being presented' with this report. The Ad -Hoc Committee has chosen to recommend four of them for City Council consideration: 1. La Quinta High School Girls Soccer (Attachment 2). The La Quinta High School Girls Soccer Team is requesting up to $2,500 to purchase new uniforms, warm-ups, equipment and travel gear. This La Quinta High School Club has never been funded. The Ad -Hoc Committee recommended funding $2,000. Funding would come from the Special Project Contingency Account. 2. La Quinta High School Girls Basketball Booster Club (Attachment 3)• The La Quinta High School Girls Basketball Booster Club is requesting $2,000 to pay for 3 of their tournaments, Senior Night gifts, practice uniforms, and summer league referee fees. This La Quinta High School Club has never been funded. The Ad -Hoc Committee recommended funding $2,000. Funding would come from the Special Project Contingency Account. 3. Coachella Valley Amateur Sports — Kapu Fastpitch Softball Boosters (Attachment 4)• The Kapu Fastpitch Softball Boosters is requesting $2,000 to pay for practice game fees, tournaments, and field rental fees. The Kapu Softball team consists of 10 girls; 6 of these girls are La Quinta High School students. This organization has never been funded. The Ad -Hoc Committee recommended funding $1,000. Funding would come from the Special Project Contingency Account. 4. The ALS Association, Greater Los Angeles Chapter (Attachment N. The ALS Association is requesting $5,000 to fund educational seminars about ALS (also known as Lou Gehrig's disease). The ALS Association provides information and support through support groups and educational seminars. One of their support groups meet in Palm Desert. This organization has °.iit 239 never been funded. The Ad -Hoc Committee recommended funding $500. Funding would come from the Special Project Contingency Account. Requests exceeding the $5,000 limit: None. Grant Requests not recommended for funding and/or did not meet the criteria in the Grant Guidelines: None. FINDINGS AND ALTERNATIVES: The; alternatives available to the City Council include: 1. Approve funding for one or more of the following organizations: La Quinta High School Girls Soccer in the amount of $2,000; La Quinta High School Girls Basketball Booster Club in the amount of $2;000; Coachella Valley Amateur Sports - Kapu Fastpitch Softball Boosters in the amount of $1,000; The ALS Association, Greater Los Angeles Chapter in the amount of $500; 2. Do not approve funding for one or more of the following organizations: La Quinta High School Girls Soccer in the amount of $2,000; La Quinta High School Girls Basketball Booster Club in the amount of $2,000; Coachella Valley Amateur Sports - Kapu Fastpitch Softball Boosters in the amount of $1,000; The ALS Association, Greater Los Angeles Chapter in the amount of $500; 3. Provide staff with alternative direction. Respectful y submitted, Edie ylton Community Services Director '-O (, 231 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Community Services Grant Guidelines 2. La Quinta High School Girls Soccer 3. La Quinta High School Girls Basketball Booster Club 4. Coachella Walley Amateur Sports - Kapu Fastpitch Softball Boosters 5. The ALS Association, Greater Los Angeles Chapter i,.ur 232 ATTACHMENT 1 v - 5 c w Fy OFF CITY OF LA QUINTA GRANT GUIDELINES The City of La Quinta offers the Grant Program for Community Services Support and Economic Development/Marketing and Sponsorships. Community Services Grants go to recognized nonprofit organizations that benefit the residents of La Quinta. Priority for funding is granted to organizations that directly benefit La Quinta residents, second consideration is given to organizations that indirectly affect the quality of life for the residents of La Quinta. Economic Development grant funding would go to organizations that will help strengthen the business community of La Quinta. Marketing and Sponsorships grant funding would go to organizations that would benefit the City of La Quinta in a marketing capacity. Individuals are not eligible for funding through the City of La Quinta Grant Program. Organizations that receive Community Development Block Grants from the City of La Quinta during the same fiscal year are not eligible for funding through the Community Services Grant program. Organizations that have been funded are ineligible for funding for the next consecutive year. Requests are limited to an amount not to exceed $5,000. La Quinta service organizations may request funds to be applied directly to rental fees for City facilities for consecutive years without the $5,000 funding limit. Completed grant applications will be initially reviewed by a designated Grant Review Committee who will then recommend consideration of approved grants to City Council. Grant applications will be considered by City Council at the first City Council meetings in August, November, February, and May of each fiscal year. Applications are due three weeks before the scheduled City Council meeting. Applicants will be informed 1-2 weeks prior to the City Council meeting regarding the status of their request. Applications must be typed. Incomplete applications will be returned to the applicant. Organizations requesting "seed" money are required to obtain matching funds from other sources in the same fiscal year before Community Service Grant funds will be released. For more information on the City of La Quinta Grant program, please contact the Community Services Department at (760) 777-7090. 233 r ATTACHMENT 2 CITY OF LA QUINTA GRANT APPLICATION FISCAL YEAR: 2007-08 Name'of Organization: La Quints High School Girls Soccer Amount Requested: $ 500.00 to $2500.00 Contact Person: Don Davis Mailing Address: 48-710 Via Firenze City: La Quinta State: CA Zip Code: 92253 Home, Telephone 760-564-6148 Work Telephone 760-397-3767 E-maid address davisdmdm@verizon.net 501(c)3 Taxpayer I.D. Number: On File for La Quinta High School Date Submitted: January 10, 2008 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. 236 r CITY OF LA QUINTA GRANT APPLICATION (Must be typed) Please check which grant funding you are applying for: Community Services Support _x_ Economic Development/ Marketing and Sponsorships 1. What is the overall purpose or goal of your Organization? Support young high school students as they excel and mature with pride and passion When they represent their High School and City. 2. How long has your Organization been inexistence? _13Years Months 3. Describe in general the activities or services of your Organization: Represent La Quinta High School and the City of La Quinta as an elite girls Soccer program throughout the CIF. Desert Valley League Champions 2 years — 2006 + 2007 4. How many people does your Organization currently serve? No. of Youth 35 No. of Adults _2_ No. of Seniors 5. How many people do you intend to serve during this Fiscal Year? No. of Youth _35_ No. of Adults _2_ No. of Seniors 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth _35_ No. of Adults _2_ No. of Seniors 7. How many paid employees/volunteers does your Organization employ? Full time employees Part time employees 2_ Volunteers _1 8. Describe how your Organization is managed and governed: Managed by the Athletic department at La Quinta High School Under the guidance of Mr Dan Armstrong Athletic Director Sanctioned through C I F southern California -Lt 235 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Bob Quattlebaum Varsity Head Coach 79-255 Westward Ho LQ 92253 Rick Mekelson Junior Varsity Coach 79-255 Westward Ho LQ 92253 Robin Seto Treasurer 250-0779 10. What is your annual schedule of events, and during what months does your Organization operate? November through March 11. Do you charge admission, membership fees, dues, etc? Yes _X No If 'Yes, please describe: 12. What are your other sources of revenue for this funding year? Source Amount Local Business Sponsors $ 250.00 each Total Needed $ 6,000.00 Total Received $ 2,000.00 Balance $ 4,000.00 13. Amount of money requested from the City of La Quinta? $ 2,000.00 '-� 236 14. Has your Organization been funded by the City of La Quinta previously? Yes If so, when X No 15. Please provide the name and address of the bank in which the Organization's funds are kept: Will provide upon award of grant 16. Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): Name: Title: BOB Quattlebaum Head Coach Robin Seto Secretary/Treasurer 17. Need Statement: Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. New uniforms warm-ups equipment and travel gear for the High School Girls Soccer team. At the beginning of the season the girls were using wearing old boys uniforms from Four years ago. 18. Goal Statement: Indicate who will benefit from the use of these funds, and how they will benefit. (If applying for Economic Development/ Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited.) The soccer players and the town high school will be represented at a higher standard. The community will benefit from increase business when teams travel to La Quinta For tournaments and playoff games. 237 19. Plealse provide, as an attachment, copies of the last three months bank statements for the Organization's checking and savings account. Will provide if grant is awarded 20. Attach a copy of your Program Operating Budget for the current year. NA - part of High School and District Budget 21. Non-profit Organizations must attach a copy of the organization's current IRS Forth 990. On file for La Quinta High School 238 ATTACHMENT 3 CITY OF LA QUINTA GRANT APPLICATION FISCAL YEAR: 2007-08 Name of Organization: La QWW High School Girl's Basketball Booster Club Amount Requested: 2 000.00 Contact Person: JoAnna Alvarez Mailing Address: 52-120 Avenida Ramirez City: a Quinta State: California Zip Code: 92253 Home Telephone 760-564-3476 Work Telephone 760-6744013 E-mail address imalvarez@katt.com 501(c)3 Taxpayer I.D. Number: 33-0636136 Date Submitted: January 11, 2008 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. %; 41jy CITY OF LA QUINTA GRANT APPLICATION (Must be typed) Please check which grant funding you are applying for: X Community Services Support Economic Development/ Marketing and Sponsorships What is the overall purpose or goal of your Organization? The overall goal and purpose of the La Ouinta High School Girl's Basketball Booster Club is to facilitate organization and communication between coaches, players, and parents and to help provide financial support to all three levels of teams: Varsity, Junior Varsity, and Freshman. 2. How long has your Organization been in existence? 5 Years _ Months 3. Describe in general the activities or services of your Organization: The Booster Club helps organize the snack schedules for game days puts together the VMity Program for the home games organizes season -end banquet handles the fundraisers. 4. How many people does your Organization currently serve? No. of Youth 40 No. of Adults 7 No. of Seniors 0 !i. How many people do you intend to serve during this Fiscal Year? No. of Youth 40 No. of Adults 7 No. of Seniors 0 E. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth 40 No. of Adults 7 No. of Seniors 0 7. How many paid employees/voluntcers does your Organization employ? Full' time employees 0 Part time employees 0 Volunteers 20 :9. Describe how your Organization is managed and governed: We are governed by an Executive Board consisting of a President, Vice President, Paul Mendoza is in attendance and provides information and input on the needs of the Girl's Basketball Program. 240 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone RayAmendariz President 81-100 Tranquility Dr. Indio 775-3442 Terri, Cox Vice President 78-850 Sanita Dr. La Qumta 772-0064 JoArina Alvarez Secretary 52-120 Avenida Ramirez LQ 564-3476 Elena Avalos Treasurer 45-963 Bucknell Ct. Indio 863-7158 10. What is your annual schedule of events, and during what months does your Organization operate? The Booster Club operates from November through February. We then meet again in May through July. The girls try out in November and begin pre -season games that month as well. League games begin in January and run through the beginning of February Team conditioning continues on after the league ends until summer league begirs Summer league runs from June -July. Planning organizing and fundraising begin once the teams are set in November. 11. Do you charge admission, membership fees, dues, etc? _ Yes X No If Yes, please describe: N/A 12. What are your other sources of revenue for this funding year? ource Amount Scholastic Sports Award $500.00 Banner Sales/Spoworships $300.00 Candle Fundraiser $500.00 American Products Fundraiser $300.00 Total Needed $ 6495.00 Total Received $ 1600.00 Balance $ 4895.00 13. Amount of money requested from the City of La Quinta? $ 2,000.00 241 14. Has your Organization been funded by the City of La Quints previously? Yes If so, when X No 1:5. Please provide the name and address of the bank in which the Organization's funds are kept: Downey Savings Indio Branch, 82-118 Hwy 111 Indio, CA 92201 16. Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): Name: Title: ER Armendariz President Elena Avalos Treasurer Terri Cox Vice President Need Statement: Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. I.f we wAre to receive the requested funds we would want to use the money to pay for possibly, 3 of the tournaments We would also Purchase the senior night gifts the practice uniforms and the summer league referee fees I believe that we need the funds to help provide some of the extras that will help improve the knowledge and skill of the players. The tournaments provide terrific opportunities to gain real game play experience while helping the teams bond and gel with one another. The summer league fees and the practice uniforms will be used in the off-season to help ourteam grow andrebuild s 1T 1.7. Goal Statement: Indicate who will benefit from the use of these funds, and how they will benefit. (If applying for Economic Development/ Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited.) The Girl's Basketball Program at La Ouinta High will be the group that benefits from the community's generous donation Their program will be enriched with the extra experience that they will receive. Our area of the Coachella Valley is desperately la—,hg in Clubs and Travel Teams that specialize in Girrl's Basketball. We are getting players who are coming into the high school level with virtually no prior experience with the sport of Basketball It takes dedicated coaching as well as plenty of game playing experience to help our players improve. All of the desert schools are lacking in that experience that other schools out of our area get plenty of. We }vould really like to be competitive and feel that some extra funds could help us on our quest to improve our Girl's Basketball Program at LQHS. 113. Please provide, as an attachment, copies of the last three months bank statements for the Organization's checking and savings account. See attached copies of our bank statements. 19. Attach a copy of your Program Operating Budget for the current year. See Attached Copy of the Budget. 20. Non-profit Organizations must attach a copy of the organization's current IRS Form 9". N/A. Government non-profit organizations do not file the IRS Form 990. 243 ATTACHMENT 4 CITY OF LA QUINTA GRANT APPLICATION FISCAL YEAR: 2007-08 Name of Organization: Coachella Valley Amateur Sports—Kagu Fastpitch Softball Boosters Amount Requested: 2000.00 or any amount available Contact Person: Richard Cox Mailing Address: 78-850 Sanita Drive City: a Quinta State: CA Zip Code: 92253 Home Telephone 760-772-0064 Work Telephone 760-797-1800 E-mail address rcox2@farmersagent.com 501(c)3 Taxpayer I.D. Number: 26-0742047 Date Submitted: January 11, 2008 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. 244 CITY OF LA QUINTA GRANT APPLICATION (Must be typed) Please check which grant funding you are applying for: X Community Services Support Economic Development/ Marketing and Sponsorships 1. What is the overall purpose or goal of your Organization? Our Association provides training and financial support for Kapu Fastpitch Softball Team. 2. How long has your Organization been in existence? 7 Years _ Months 3. Describe in general the activities or services of your Organization: We planorganize and work fundraisers to raise money for Kapu Fastpitch Softball. 4. How many people does your Organization currently serve? No. of Youth 10 No. of Adults 2 No. of Seniors 0 '_;. How many people do you intend to serve during this Fiscal Year? No. of Youth 10 No. of Adults 2 No. of Seniors 0 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth 6 No. of Adults 0 No. of Seniors 0 7. How many paid employees/volunteers does your Organization employ? Full, time employees 0 Part time employees 0 Volunteers 17 8. Describe how your Organization is managed and governed: The Kapu softball team has been led and coached by Nick Rubio. However, this year we became organized as the non-profit association named Coachella Valley Amateur Sports. This association is governed by a Board of Directors with a President, Vice President, Secretary, and Treasurer. We meet monthly and discuss upcoming events and every Board and Booster member in attendance has an equal vote. 245 9. Please provide information on your Executive Board members or contact person: Na a Title Home Address Phone Richard Cox President 78-850 Sanita Drive, La Quinta 797-1800 JOAona Alvarez Vice President 52-120 Avenida Ramirez, La Quinta 564-3476 Terri Cox Secretary 78-850 Sanita Drive, La Quinta 772-0004 Sandi Tuller Treasurer 80-623 Hibiscus, Indio 238-8636 10. What is your annual schedule of events, and during what months does your Organization operate? Our Association operates year round with a small break between the months of February throueh May when the La Quinta High School Softball Team is playing and practice games (Friendlies) a month with practices held 2-3 times per week. We try to participate in a minimum of four showcase tournaments per year. 11. Do you charge admission, membership fees, dues, etc? Yes X No If Yes, please describe: 12, What are your other sources of revenue for this funding year? Source Amount Car Wash 600.00 Platte Dinner 1000.00 Coachella Festival of Chilies -Food Booth Sales 800.00 Snack Bar Events 500.00 Total Needed $ 8,040.00 (See attached Bud¢et) Total Received $ 2,900 00 (Estimated income based on 2007) Balance $ 5,140.00 246 13. Amount of money requested from the City of La Quinta? $ 2,000.00 or any amount available 14. Has, your Organization been funded by the City of La Quinta previously? Yes If so, when X No 15. Please provide the name and address of the bank in which the Organization's funds are kept: Bank of America — Point Happy Branch 78-400 Highway 111, La Quinta, CA 92253 16. Please provide the name and title of those individuals authorized to sign on the organization's account (must provide at least two individuals): Name: Riebard Cox Sandi Tinier _ Title: President Treasurer 117. Need Statement: Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. Historically Coachella Valley teams have performed poorly against more experienced teams across Southern California There are not many teams in the Desert area that are playing the level of softball that Kapu does. For the last 3 years, thi� team has been playing 18U-Division A -Softball We really need these funds to help Kapu get the experience they need by traveling outside of the Coachella Valley ., 1 _ _ J [[T _ 11 )) TL.._. �.•...� 1.. {•...,iniu k� nnm..niu The High School Team went undefeated in our Desert Valley Leagaue last year Nick Rubio donates all of his time and expertise to coach these girls He even opens his the unused corners of lighted fields wherever we can find them. If we had more funds we hope that we could purchase some field rentals with lights. We would 247 Wend any awarded funds to py for our much needed practice game fees (Friondlies)to pay for a few Tournaments and for lighted practice field rental fees. 18. Goad Statement: Indicate who will benefit from the use of these funds, and how they will benefit. (If applying for Economic Development/ Marketing and Sponsorships grant funding, please explain how the City of La Qainta and/or local businesses would be benefited.) Primary beneficiaries of these funds would be the ten girls on the Kapu Softball Team as well as the other local players that come and practice with the team. Secondary beneficiaries would be the La Quinta High School Softball Team and perhaps the Community of La Quinta for helping raise girl's sports to a level in which our local girls can compete and win For these girls winning a college scholarship is beginning to look like a real possibility. 19. Please provide, as an attachment, copies of the last three months bank statements for the Organization's checking and savings account. SiMe we have just received ou[ 501 (c) (3) status and opened our checking account, we do not have any bank statements to attach However. I have attached a copy of our, IRS approval of the 501 (c) (3) document and a photo copy of a blank check from our account. Currently, we have approximately $900.00. 20. Attach a copy of your Program Operating Budget for the current year. See', Attached Proposed Budget. 21. Not, -profit Organizations must attach a copy of the organization's current IRS Form 990. Since we are a brand new non-profit Association, we have not had to file an IRS Forth 990 vet. 248 ATTACHMENT 5 CITY OF LA QUINTA GRANT APPLICATION FISCAL YEAR: 2007-08 Name of Organization: The ALS Association Greater Los Angeles Chapter Amount Requested: $5,000 Contact Person: Linda Babaian Mailing Address: P.O. Box 565 City: Agoura Hills State: CA Zip Code: 91376-0565 Home Telephone Work Telephone 818-865-8067 E-mail address Linda alsala.org 501(c)3 Taxpayer I.D. Number: 95-4163338 Date Submitted: January 11, 2008 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. CITY OF LA QUINTA GRANT APPLICATION (Must be typed) Please check which grant funding you are applying for: X Community Services Support Economic Development/ Marketing and Sponsorships What is the overall purpose or goal of your Organization? The mission of the Greater Los Angeles Charter of The ALS Association is to provide significant and meaningful assistance in the lives of all persons with ALS, their' families caregivers, and health professionals in our service area and to support research for a cure. 2. How long has your Organization been in existence? 20 Years _ Months 3. Describe in general the activities or services of your Organization: PAI S can feel isolated during treatment and they —along with their families —often feel overwhelmed by the financial emotional and physical demands of the disease. In addiction to monthly support groups our Chapter provides educational s t=osia (e.g., Ask the Experts), case management to assist in navigating health insurance services; allow PALS to remain in their homes A quarterly newsletter, The Messenger, provides news of research and managing, life with ALS to some 26,000 recipients. 4. How many people does your Organization currently serve? No. of Youth 10 No. of Adults 233 No. of Seniors 214 5. How many people do you intend to serve during this Fiscal Year? No. of Youth 20 No. of Adults 269 No. of Seniors 258 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth No. of Adults 1-2 No. of Seniors Note: Last year served I patient who has since deceased. Statistically there should be 1-2 ALS patients in the city of La Quinta who require our services. 7. How many paid employees/volunteers does your Organization employ? Full time employees 12 Part time employees 3 Volunteers 442 asg 8. Describe how your Organization is managed and governed: Our Chapter is governed by a 17-member Board of Trustees that meets seven times per year. Committees of the Board meet more frequently. In addition, our Board receives input and support from a 12-member Advisory Board of Trustees made up of former Trustees PALS and active volunteers. Fred B. Fisher is President and Chief Executive Officer and manages the organization on a daily basis. 91. Please provide information on your Executive Board members or contact person: Na a Title Home Address Phone Kathleen Rasmussen, Chair, 28611 Bamfield Drive Agoura Hills CA 91301 (805) Diane B. Dixon Secretary, 75 S. San Ratael Ave rasaaena UA n iu-1, tOGV 1 -]V r- 235 l0. What is your annual schedule of events, and during what months does your Organization operate? Our' Chapter operates for twelve months per year. In 2008 we have 17 events planned including fundraising events advocacy events in Sacramento and Washington D.C. and caregiver training and support events. 11. Do you charge admission, membership fees, dues, etc? Yes X No If Yes, please describe: 12. What are your other sources of revenue for this funding year? 'Source Amount ations nment Revenue s [Individual Donations !!I[T40,000 rations st Income 251 Total Needed Total Received Balance $ 2,226,064 $ 1,910,581 $ 315,483 13. Amount of money requested from the City of La Quinta? $ 5,000 14. Has, your Organization been funded by the City of La Quinta previously? Yes If so, when X No 15. Please provide the name and address of the bank in which the Organization's funds are kept: Bank of America, 1715 N. Vermont Avenue Los Angeles, CA 90027 16. Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): Name: Title: Fred B. Fisher President & Chief Executive Officer Kathleen Rasmussen Chair, Board of Trustees l7. Need Statement: Clearly and plainly state the specific, detailed reason or need for the !,requested funds and how these funds will be used, if awarded. AmXotrophic lateral sclerosis (ALS) more widely known as Lou Gehrig's Disease, is a progressive fatal neuromuscular disease affecting adults which causes paralysis of the muscles while leaving the mind intact The extraordinary stress of an ALS diaknosis is exacerbated by uncertainties regarding healthcare options and insurance coverage, by denial of insurance benefits by lack of knowledge about the disease's progression and by a variety of socioeconomic challenges. Patients urgently require e Ration information and support which our Chapter can provide through support groups and educational seminars. 18. Goal Statement: Indicate who will benefit from the use of these funds, and how they will benefit. (If applying for Economic Development/ Marketing and Sponsorships grant funding, please explain how the City of La Quints and/or local businesses would be benefited.) Our monthly support group in Palm Desert provides vital emotional assistance to ALS patients and their families as well as the knowledge that they are not alone in 252 theit struggle against the disease. Regional educational seminars cover the latest ALS treatments, care opinions, research initiatives, and policy efforts. According to statistical proiections, there are 140 people with ALS in Riverside County, they and the � others closest to them (700 total individuals) stand to directly benefit from our Chapter's programs. 19. Please provide, as an attachment, copies of the last three n�{nths bank statements for the Organization's checking and savings account.— irgr ow 64YNr- 20. Attach a copy of your Program Operating Budget for the current year. 251. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. 253 COUNCIL/RDA MEETING DATE: February 5, 2008 ITEM TITLE: Consideration of La Quinta Arts Foundation Tiles to be Placed on the Emergency Operation, Center Stairwell Walls RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: ..yy BUSINESS SESSION: C;21 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: None, The La Quinta Arts Foundation would be responsible for the cost of the installation. CHARTER CITY IMPLICATIONS: None. BACKGRQUND AND OVERVIEW: The: La Quinta Arts Foundation has requested the City consider a location within one of their facilities for placement of 218 tiles that were purchased by supporters of the La Quinta Arts Foundation. In 1998, the Foundation conducted a capital campaign in which their supporters purchased tiles with the Foundation logo and their names. These tiles were to be placed in a facility that the Foundation was to build. Since that time, the Foundation has sold their property and has no plans for a permanent site for the tiles to be placed. The Foundation has requested that consideration be given to place the tiles on all four sides of the Emergency Operation Center stairwell walls. This location is being requested because several walls face onto the park where the La Quinta Arts Festival is held. The installation of the tiles is to be paid by the Foundation and is estimated at $14,892 (Attachment 1). The Foundation has agreed to participate in the ongoing care and maintenance. Should the City Council approve the installation of the tiles on the building, this could be completed in time for the next La Quinta Arts Festival to be held March 13-16, 2008, 1254 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the installation of La Quinta Arts Foundation Tiles to be Placed on the Emergency Operation Center Stairwell Walls; or 2. Do not approve the installation of La Quinta Arts Foundation Tiles to be Placed on the Emergency Operation Center Stairwell Walls; or 3. Provide staff with alternative direction. Respectfully submitted, c Edie Hylton Community Services Director Approved for submission b Thomas P. Genovese, City Manager Attachment: 1. Cost Estimate 255 ATTACUMENT 'I January 17, 2008 By fax and delivery Tom Hartung, Director Building & Safety City of La Quinta 78-495 Calle Tampico La Quinta, CA M53 Dear Tom, Pursuant to GKK Works PCO No. 00105 dated January 14, 2008, La Quinta Arts Foundation (LQAF) accepts the proposal and wishes to proceed with the installation of approximately 72.5 sq. ft. of travertine tiles on the generator access building facade at La Quinta Civic Center Campus. La Quinta Arts Foundation will bear the cost of installation in the amount of $14,892.00, as authorized by LQAF's Board of Directors. Any changes to the scope of work and price shall be pre -authorized by LQAF. Per our meeting with GKK Works representatives Jose and Brian today, if authorized by the City, work can begin next week and it is expected the installation will be complete in time for La Quinta Arts Festival, March 1 e Please advise any delays to this expected completion. We will work with your staff and subcontractor C&C Flooring, Inc. to coordinate the design to unify and indentify the installation. Tom, I speak for everyone at LQAF to thank you and acknowledge your long term efforts with this project. Thanks also to Edie Hylton for her assistance and unwavering support of La Quinta Arts Foundation. Sincerely, (� Christi Salamone Executive Director C: LQAF Board of Directors 256 1� Qumrry o " o /4 XP F C�J "yam /' II+Imn w COUNCILIRDA MEETING DATE: February 5, 2008 ITEM TITLE: Consideration of Planning Areas 1 & 2 Fiscal Mitigation Policy and Confirmation of Direction Regarding Draft Pre -Annexation Development Agreements RECOMMENDATION: AGENDA CATEGORY:{ BUSINESS SESSION: V CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: That the City Council consider and approve the draft Planning Areas 1 & 2 Fiscal Mitigation Policy and confirm City Council directions regarding draft pre -annexation development agreements. FISCAL IMPLICATIONS: The City Council has directed staff to focus on addressing the fiscal impact of future annexations. The focus has been to evaluate and refine the City's fiscal model and has used The Enclave project as a case study. RSG and City staff have been working with a private fiscal consultant representing The Enclave to first resolve concerns regarding the City's fiscal model and then work toward an agreement on the fiscal mitigation amount on a per dwelling unit basis. The City Council, at its November 20, 2007 Study Session, provided staff direction for drafting pre -annexation development agreements and to use $29,188 as the mitigation payment for funding City services for 30 years. CHARTER (CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Significant time and resources have been dedicated to strategically plan for the potential annexation of the City's Sphere of Influence (SOI) in Vista Santa Rosa. This effort has been comprehensive with a primary focus upon fiscal impact and future land use. RSG has been assisting staff with addressing the fiscal analysis. RBF was providing assistance with the Strategic Land Use Plan and was put on hold in February last year in, order to allow for the fiscal analysis to be completed. In addition, five pre- 257 annexation development applications have been received and are at various stages of review. This matter was last considered by City Council as a study session item at its October 16 and November 20, 2007 meetings. Staff presentation and City Council discussion primarily focused upon the analysis of fiscal impact of The Enclave, a single-family residential Community proposed at the northeast corner of Avenue 62 and Monroe Street. Following discussion on October 16, staff was directed to revisit the methodology used for calculating a per -unit fiscal mitigation payment and provide additional information at the November 20 meeting. During the November 20 meeting, City Council evaluated and discussed the fiscal model and provided staff consensus direction as to the amount of the fiscal mitigation payment to be incorporated into the draft pre -annexation development agreement. In addition, public testimony was taken and the developer of The Enclave project accepted the proposed mitigation payment and urged the City Council to move forward to proceed to drafting a development agreement. Other individuals provided testimony regarding the proposed fiscal model. (Attachment 1 — City Council minutes November 20, 2007 and October 16, 2007). At its January 15, 2008 meeting, Council discussed this issue and directed staff to schedule this item as a Business Agenda item to be considered at the February 5 meeting. (Attachment 2 — City Council Minutes January 15, 2008). SOI Fiscal Analysis Policy Background Introduction Since 1994, the City of La Quinta has annually reviewed its current and future fiscal standing toi insure that there are sufficient revenues to fund municipal services desired by its residents and businesses. From this analysis, the City develops and implements a business'plan that outlines strategies to enhance existing and attract new revenue generating uses. The overall goal is to insure that the City's General Fund will be in a revenue surplus, and not a revenue deficit position, upon build out of the General Plan. When reviewing the fiscal history of California local government one finds that as communities mature, a majority experience continuing annual operating revenue deficits that lead to municipal service and public infrastructure investment reductions. Fiscal Policies Since 1994, the La Quinta City Council has adopted, and continually refined various fiscal policies to guide staff. These policies are followed when investing City and Redevelopment Agency funds, when conducting the Annual Financial Management Review, and when evaluating the potential municipal service cost impacts of new development and annexation proposals. These policies are as follows: j_6 2258 • City and Redevelopment Agency economic development investments must generate positive on -going General Fund financial returns. • Economic development initiatives should enhance and expand General Fund revenue resources to insure that when the community is built -out, the General Fund', experiences revenue surpluses. • Annexation proposals must be revenue neutral and not require General Fund revenue to underwrite revenue short falls. • For commercial or resort development projects that require City/Redevelopment Agency investment to insure their economic viability, the City/Redevelopment Agency must, by the third year of operation, achieve a 15% to 18% return in the form of City/Redevelopment Agency non -development revenue generated (after City service costs are accounted for) on the total dollar amount of City/IRedevelopment Agency investment. Further, the City/Redevelopment Agency investment should be fully repaid within a 10-year period, with every attempt to achieve repayment within a 5- to 8-year period. • For commercial, industrial, or resort development projects that request City/Redevelopment Agency financial investment, the City/Redevelopment Agency shall find that off -site infrastructure improvement costs, municipal services cost, and/or property and building refurbishment and rehabilitation costs are so excessive that the project warrants public investment to underwrite some of these costs in order to generate sufficient returns to attract private investment. Further, if City/Redevelopment Agency financial investment is targeted towards obtaining operating and use covenants, the City/Redevelopment Agency shall find that the desired user achieves the City/Agency Return on Investment parameters described above and generates additional employment, retail and/or recreation opportunities for La Quinta residents. Based upon this background and information in this report and City Council discussion, staff has drafted a Planning Area 1 & 2 Mitigation Policy (Fiscal Mitigation Policy) for City Council review and approval. This draft policy statement includes its purpose, key considerations, fiscal statement, public service level, infrastructure/public facilities and fiscal mitigation statement. The purpose of this Fiscal Mitigation Policy is to establish a City policy statement that can be provided to the public and to provide direction for the review, analysis, , and drafting of proposed pre -annexation development agreements. The draft Fiscal Mitigation Policy is attached to this report (Attachment 3). Fiscal Analysis Update The Fiscal Impact Analysis for The Enclave Report (Attachment 4) presents the impaicts of annexation on the City's General Fund for a 30-year time period. The fiscal model estimates revenues The Enclave would generate, and costs the City would incur to service if. The analysis concludes the City would provide service enhancements to The Enclave and incur additional expenses as a result of annexation. 3 i f� 259 This Report presents a financial analysis of ongoing revenues and expenditures only. It does not incorporate one time revenues or costs. Capital improvements, though expected to be necessary, are not evaluated by this report. Similarly, possible revenues from sources such as development impact fees and Quimby fees are also excluded from this analysis. An important consideration is that The Enclave is in a County Redevelopment Area and as a result the City's General Fund will not receive new property tax to assist in covering service costs until the County Redevelopment Area is eliminated in December 2037. It is estimated that the County Redevelopment Project will receive $147,532,014 in gross revenue (including any funds that are passed through to other taxing agencies) from the development of The Enclave before termination of the Project in 2037. As a result of City Council direction, RSG worked with City staff and reviewed historical data to verify existing service levels and the costs and revenues associated with the provisions of service for The Enclave. Costs to provide municipal services to the Study Area are based on the City's current (Fiscal Year 2007-2008) level of service. An inflation rate of 3 percent was used to project most revenue increases and a 3 percent inflation rate was used to project service costs with the exception of public safety costs, which were increased at 4.19 percent (the 18-year historic average). Scales tax revenues were increased by 5 percent each year. In addition to working with The Enclave fiscal consultant, staff has also worked with Stanley R. Hoffman and Associates (Hoffman) who has been retained by La Quinta Motorcoach Resort. Hoffman has prepared a fiscal import analysis for a proposed 210 t acre annexation. Hoffman has proposed that the City Council adjust the per capita police and fire cost. Subsequent to November 20, Hoffman submitted a revised "Monroe East Annexation Fiscal Analysis and Memorandum". As noted above, City Staff and RSG have evaluated this report. (Attachments 5 & 6). Basically, the Hoffmman report concludes that both the residential and Motorcoach municipal service costs exceed the anticipated municipal revenues these developments will generate. Further, it concludes that a fiscal impact fee would be required to fund this deficit. The (Hoffman report does resurface two past concerns raised by Mr. Hoffman regarding the methodology RSG uses to calculate fiscal impacts: the per capita police service costs and the projected persons per household. Regarding the per capita police services costs, Mr. Hoffman employs an approach that takers total fiscal year 2007-08 population and divides this number by total projected police service costs, as presented in the 2007-08 City budget. This methodology indentifies a per capita police services cost of $248.00. Working with the Finance Department, RSG derived a per capita police service cost of $275.00. This greater cost is due to attempting to cover police service costs resulting from the City's daytime employment population. However, RSG acknowledges that this is a more complicated approach and in order to simplify the discussion, use of a straight per capita approach may be desirable. Based upon this information, RSG has run The 4U 260 Enclave model to reflect this $248.00 per capita police services cost. Using this lower amount reduces The Enclave fiscal mitigation payment from $29,188 per unit to $27,288 per unit. Regarding the persons per household, RSG does not agree with Mr. Hoffman's recommendation that the lower 2.04 persons per household be used. The rational is that this lower number does not account for the community's seasonal population who do require municipal services when present. Using the lower number would assume that seasonal residents do not require municipal services when located in La Quinta. Further, discussions with the Police and Fire Departments indicate that while some of the community's housing stock may be vacant during the off-season, they still must be staffed to provide police protective and fire suppression services to these homes. In reviewing the RSG Enclave report during preparation of this staff report, RSG surfaced two other items that also bear scrutiny. First, The Enclave analysis assumes that home values will start at$750,000 per unit. Today's real estate market indicates that this is an inflated assumption given that home prices are softening in the La Quinta market. Lowering the per unit sales value would reduce the property value based municipal fees the City would annually receive, thus widening the annual revenue versus expense deficit. The second' item is the projected 5% annual increase in sales tax revenue generated by Enclave residents. The 5% annual increase factor resulted from extensive discussions with the development community. RSG previously used a 3% per capita rate; the development community recommended a 5% per capita rate citing the anticipated affluence of The Enclave residents. RSG believes that the 5% per capita rate overstates the potential sales tax income. Review of long-term business (same store) sales for the La Quinta market indicates that sales increase at a 2 to 3 percent annual basis. Mr.'Hoffman has indicated that review of the City's annual budgets indicate substantial annual sales tax income increases. Much of these annual increases were the result of the increasing amount of sales tax generating retail space (new stores) that has been developed and opened in La Quinta during the past 5 years. If the police services cost was reduced to $248.00 per capita and the annual sales tax increase was reduced to 3% per annum, the per unit fiscal mitigation payment would increase to'$29,221 from $29,188. The number is higher than the $27,288 per unit cost identified by Mr. Hoffman. This is because while Mr. Hoffman used the $248 per capita police services cost, he used the higher 5% versus 3% per annum sales tax increase. Finally, during past City Council discussions the question surfaced about lowering the fiscal mitigation payment if it took longer to build -out The Enclave development. The current build -out schedule anticipates a 5 year time frame. The fiscal impact model is structured so that the fiscal impact payment covers the municipal service cost revenue versus expenditure gap for a 30 year period; 30 years from the date the payment is first collected. Interest income generated from the funds on deposit helps to close the 5 ,.b, 26 gap in the early years, and then interest income and principal funds the gap in the later years. An extended build -out schedule reduces the fund principal and thus the interest income earnings. Using the same 30 year time period, RSG's projections indicate that an extended build -out schedule would require an increased payment for the later developed units in order to have sufficient revenue to fund the 30 year gap. If the build -out schedule is extended to 10 years versus 5 years and the 30 year mitigation time frame remains the same (deficit mitigation until fiscal year 2037-38), a fiscal mitigation payment of $41,199 per unit would be required to insure there is sufficient revenue to fund the annual deficits. The Enclave is assumed to have a current population of zero. New population was based on housing units as described above and persons per household. A 2007-2008 City-wide average population per household is determined by the Department of Finance to be approximately 2.85 persons. Historic U.S. Census data supports this number, generally ranging from 2.8 to 2.9 persons per household for the last 25 years. However, La Quinta has a very high seasonal population, resulting in a housing unit vacancy rate of 28.5 percent. When the total amount of housing units is divided by the permanent population, the resulting persons per household ratio is 2.04. RSG has determined a modified persons per dwelling unit of 2.51 is appropriate for The Enclave, which is likely to attract some seasonal occupants and retirees, and may have a lower persons per household than the City average of 2.85. Though the development may initially attract seasonal occupants and retirees, the demographics may change during the 30 year period. A persons per household ratio of 2.51 provides a slightly more conservative approach to the model, incorporating demographic nuances such as adult children or parents living with homeowners, and changes in household types over the years. The Enclave will be a private, gated, single-family residential community of 467 homes on 157 acres. The proposed build -out schedule is as follows: 1. 2007-08 - Entitlements 2. 2008-09 - Land preparation 3. 2009-10 - 77 building permits obtained; no occupancy 4. 2010-11 - 155 building permits obtained; 155 homes occupied 5. 2011-12 - 155 building permits obtained; 310 homes occupied 6. 2012-13 - 80 building permits obtained; 467 homes occupied Based on the data described above, a one-time payment to cover the financial gap in service costs between FY 2008-09 and 2037-38 is recommended. The payment is proposed to be paid at the time the developer receives building permits. Based on the build -out time period expected by the developer, a proposed payment of $29,188 per unit will provide enough revenue to fund The Enclave's annual gap for 30 years. 6 ,_b 262 As previously stated, portions of the City's Sphere of Influence, including The Enclave, are within the County Thermal Community Redevelopment Area (RDA). The Project terminates in December 2037. Up until this time, all property tax revenue in excess of the base year assessed value, established in 1987, is diverted to the County Redevelopment Agency. Upon reaching Fiscal Year 2037-38, or Year 30 of The Enclave projection model, the County Redevelopment Agency will no longer incur revenues. Property tax revenue allocation will revert to the applicable taxing agencies in each tax gate area. At this point, in areas annexed to La Quinta, the City will begin receiving both their share of property tax based on the Master Property Tax Agreements as well as the property tax share apportioned to County Fire and the County Library. In the case of The Enclave, the City will receive in excess of $1 million in property tax revenues in Year 2037-2038. This additional revenue does decrease the General Fund gap created by The Enclave, but does not close it. In Year 30, The Enclave will geneirate a deficit of approximately $800,000 per year. In addition to evaluating The Enclave project, RSG and staff have reviewed the Palm Desert/Bermuda Dunes fiscal report and find that their assumptions and findings are similar to the RSG report. SOI Areas Outside of County Redevelopment Project Area For portions of the Sphere of Influence not within the Redevelopment Project Area, property tax revenues will be allocated upon annexation according to the Master Property Tax Agreement. The City will also receive those portions of the property tax rate currently designated for County Fire and the County Library. These allocations do vary between tax rate areas to some degree, thus different parcels may have slightly different allocations than others. Based on the hypothetical scenario that The Enclave were not in a Redevelopment Project, and the City were to receive. property tax revenue upon annexation, a per unit payment of $12,000 would be recommended for inclusion in the Pre -Annexation Development Agreement. Pending Development Projects As previously reported at the October 16 meeting, five applications were previously received for future developments located in the SOL The project locations are identified on the attached map (Attachment 7). A brief summary of each application is as follows: • The Enclave — Bayshore Development (SP 06-079, TT33982): 467 single-family residential lots on approximately 157 acres located at the northeast corner of Avenue 162 and Monroe Street. • La Quinta Motorcoach Resort - E. Randall Henderson (SP 07-083, TT 35238): 382 motorcoach lots on approximately 80 acres located between Avenues 58 and 59, one quarter mile east of Monroe Street. 7 ''� 263 • Marchmont — Twin Development ITT 34360►: 209 single-family residential lots on approximately 81 acres located between Avenues 60 and 61, one quarter mile east of Monroe Street. • Majestic Ranch - Family Development ITT 335591: 152 single-family residential lots on approximately 100 acres located at the southeast corner of Avenue 53 and Monroe Street. • Family Development ITT 33697►: 69 single-family residential lots on 38 acres located at the southwest corner of Avenue 53 and Jackson Street. Application Process — SOI Developments The pre -annexation development process involves additional steps when compared to devellopment applications within the City limits. Most notably, the pre -annexation entitlement process includes a plan for services, annexation fiscal analysis and a pre - annexation development agreement. In addition, the CEQA review process for the project must also address the request for annexation. Of the five applications received, The Enclave development has been in the application process the longest and is the most complete. The vast majority of the project information has been received and it is anticipated that the application will be able to proceed to the hearing process once the remaining items have been submitted, which area expected to be received later this month. The application process will include Vista Santa Rosa Community Council review (conducted January 30, see below), Architecture and Landscape Review Committee review, Planning Commission public hearing and recommendation, concluded by City Council public hearing and decision. Based upon the information provided and analysis conducted to date, it is estimated this process will take approximately 4-6 months to complete. Once the City Council has decided upon the application (CEQA, specific plan, tentative tract map, plan for services, development agreement), the annexation process can then proceed with LAFCO. Based upon recent a conversation with LAFCO staff, it is anticipated that the annexation process with LAFCO could be completed in approximately 3-4 months. The La Quinta Motorcoach Resort application is also being actively processed. Though several outstanding items remain, the applicant is diligently working on them. The same application process as previously mentioned for The Enclave will also apply to this proposal except that this application will also include a General Plan Amendment. The IVlarchmont application has seen much slower progress. In addition, there has been no progress made or new information provided on the two development applications submitted by Family Development. Staff has been informed that the applicant is currently revising one of their maps and has met with the surrounding property owners. Since the applicant has filed applications for this development with the City and Riverside County it is unclear at this time if the applicant will continue to process their application with the City. 81 _'J � 264 The Enclave development was considered by the Vista Santa Rosa Community Council (VSRCC) at their January 30, 2008 meeting. During that meeting, the applicant provided a general overview of the proposal and received comments from the five VSRCC Members as well as a few comments from those in attendance. The VSRCC Members all provided comment expressing concern with density and inconsistency with the Vista Santa Rosa Design Guidelines. Public comment provided was similar. By a vote of 4-1, the VSRCC agreed to not support The Enclave citing that the project is unacceptable for Vista Santa Rosa. Annexationi Proposals: To date, Staff has received a plan for services for The Enclave and a LAFCO annexation application for the La Quinta Motorcoach Resort project. Though the plan for services is specific to The Enclave project boundary, staff has previously discussed with the applicant a potential annexation boundary that is further described below. LAFCO procedures and State law define two types of annexations: Uninhabited territory and inhabited territory. Uninhabited territory is defined as an area where less than 12 registered voters reside. In this instance, the annexation protest vote is determined by the percentage of land valuation for and against the proposed annexation., The annexation area that has been previously discussed with applicant for Based upon the previously discussed potential boundary area, The Enclave would be an uninhabited, territory annexation since there are fewer than 12 registered voters. (Attachment 8 — Potential Enclave Annexation Diagram). Based upon the LAFCO annexation application, the La Quinta Motorcoach Resort annexation will be an inhabited territories annexation since there are more than 12 registered Voters (current records identify 23 registered voters). In essence, the registered voters will decide the outcome of this annexation. (See Attachment 9 - La Quinta Motprcoach Resort Annexation Application Packet). In reviewing the proposed annexation proposals parcel size, ownership, configuration and development statutes play a key note in evaluating annexation proposals. Enclave Potential Annexation: This potential annexation area includes approximately 320 acres and 17 individual parcels ranging in size from approximately 10 to 120 acres. The proposed Mitigation Policy would require that all property owners within this area enter into a pre - annexation development agreement. Currently there are 7 individual property owners representing the 17 parcels of land. Based upon current General Plan densities (up to 4 units pet acre), staff estimate that as many as 1000 dwelling units could be developed within this annexation area. The proposed Fiscal Mitigation Policy would require all property owners to enter into a pre -annexation development agreement. If individual property owners refuse to enter into a pre -annexation development agreement, these individual parcels would be eliminated from the proposed annexation 9 '_bt 265 per the proposed Fiscal Mitigation Policy. La Quinta Motorcoach Resort Annexation Proposal: As noted above, there are currently 23 registered voters in this area. For this annexation proposal, its success or failure is dependent upon support of registered voters and the willingness of property owners to enter into a pre -annexation development agreement. Property, parcel size, ownership, configuration and devellopment statues are crucial considerations. In all cases, this proposed annexation is more complex. The proposed Fiscal Mitigation Policy requires the City Council to evaluate each parcel to determine if the proposed mitigation payment should apply. The following table summarizes the parcels within this proposed annexation area: Parcel Size .25 to 40 Acres Vacant or Agricultural Properties 20 Single Family Units 15 units Registered Voters 23 voters on 35 parcels General Plan Land Use Low Density Residential 26 parcels; 157 ± acres Medium Density Residential 3 parcels; 25± acres Neighborhood Commercial 6 parcels; 28± acres Based upon a review of the criteria outlined in the Fiscal Mitigation Policy, some of the parcels within this proposed annexation area may not require a pre -annexation development agreement. Staff recommends that developed parcels smaller than '/I acre be exempt from the pre -annexation development agreement. Attachment 10 shows all parcels which would be exempt. Based upon this review, 25 parcels would have to enter into pre -annexation development agreements. Considering the range of land uses and uncertain market conditions, 'staff recommends that some pre - annexation development agreements include fiscal impact provisions for single family, multi -family and commercial land use options. As an example, land with a General Plan designation of Medium Density Residential land may be development for single family residential purposes. Alternatively land designated Neighborhood Commercial may seek a General Plan Amendment for Low Density Residential or Medium Density Residential land use. Staff recommends that proposed pre -annexation development agreements be drafted with sufficient flexibility that amendments may not be needed in the future. Infrastructure Deficiency Study As part of the strategic planning effort, an infrastructure deficiency study was initiated earlier this year. The Study was intended to assess the existing road infrastructure for all of the roads within the SOI (Project Areas 1 and 2). Along with the strategic plan, the infrastructure deficiency study was halted last February pending the outcome of the fiscal analysis. Staff recently met to discuss the need to proceed with a portion of the study area. Due to existing road infrastructure issues on Monroe Street and the 10 bL 266 active processing of pre -annexation development applications in the southwestern segment of the SOI, staff is proceeding with a "first phase" infrastructure study that would include Monroe Street as well as those streets located within the boundary of Avenue 58, Jackson Street, and Avenue 62 (The Enclave and Motorcoach area). Public Comments Since: the October 16, 2007 meeting, two letters were received from residents of Vista Santa Rosa (VSR). Both letters provide comment on fiscal mitigation among other issues relevant to potential annexation of the Sphere of Influence (SOI). Specific to the fiscal mitigation comments, both letter express concern with the household size multipliers of 2.04 and 2.51 citing that a larger household of 2.8, or even larger, will more accurately represent VSR. Said letters are attached (Attachment 11). Summary: In summary, this report has focused on fiscal impact considerations for The Enclave project. Its conclusions and recommendations would apply to all single-family residential developments within the SOL The key findings and recommendations of the report are as follows: 1. The City Council confirm direction regarding draft development agreements. The City Council, at its November 20, 2007 meeting, directed staff that the minimum payment for fiscal mitigation for the development of single-family residential units should be $29,188 per residential unit. This payment will cover City operation costs for 30 years. In year 31 residential uses will significantly curtail the ability of the City to meet service needs and the City could be forced to consider a reduction of service or an increase in taxes to support service costs. Per previous City Council direction, staff is conducting an evaluation of multifamily residential units household size. Once this research is complete, a proposed multi -family residential mitigation program will be scheduled for City Council direction. 2. The City Council may want to direct staff to study the City's existing policies regarding land -based financing (CFDs and CSDs). Additionally, Council may want to direct staff and the City Attorney to proceed with the following items: Draft a pre -annexation development agreement for The Enclave project. This DA Would be the model for all other proposed single-family residential annexation proposals. All properties proposing to be annexed would be expected to enter into a pre -annexation development agreement prior to the City submitting an annexation application to LAFCO. 11 `it -267 2. Prepare a plan for services that assesses current service providers, current City service levels, and the City services to be extended for The Enclave Project. 3. Prepare and submit a fiscal impact analysis that assesses the annexation effects on both the City and the County for The Enclave Project. 4. Submit to LAFCO a reorganization application. 5. Complete the CEQA review for The Enclave project, proposed annexation, and plan for services. Respectfully submitted, -L- Dougla . Evans Assistant City Manager, Development Services ing Director ove�ubmission Thomas P. Genovese City Manager Attachments: 1. City Council Minutes November 20, 2007 and October 16, 2007 2. City Council Minutes January 15, 2008 3. Fiscal Mitigation Policy 4. Fiscal Impact Analysis for The Enclave Report 5. Hoffman Revised Monroe East Annexation Fiscal Analysis 6. Hoffman Memorandum 7. Map showing future developments located in the SOI 8. Potential Enclave Annexation Diagram 9. La Quinta Motorcoach Resort Annexation Proposal 10. Exempt Parcels 11. Public Comment letters 12,_�)l 268 ATTACHMENT 1 City Council Minutes 10 November 20, 2007 4. CONSIDERATION OF CITY COUNCIL APPRO L TO CLOSE CITY HALL ON CH'RISTMAS EVE AND NEW YEARS EVE 1 2007. MOTION — It was moved by Coun Members Sniff/Osborne to approve closing City Hall the full day on bo December 24 and December 31, 2007. Motion carried unanimously. Mayor Adolph recessed the City douncil meeting at 5:19 p.m. and reconvened the meeting at 5:27 p.m. STUDY §ESSION r 1. DISCUSSION OF SPHERE OF INFLUENCE EAST OF THE CITY LIMITS. Assistant City Manager -Development Services Evans presented the staff report, and Redevelopment Consultant Frank Spevacek presented the fiscal impact analysis. In response to Council Member Henderson, Redevelopment Consultant Spevacek explained both interest earnings and principle from the fund will be utilized to subsidize the General Fund. Alexa Smittle of RSG, reviewed a graph depicting the difference between the Annual Gap and Fund Value. Planning Director Johnson continued the presentation by discussing the infrastructure deficiency study. In response to Council Member Henderson, Planning Director Johnson confirmed the first phase will be initiated to identify the need, cost and nexus for the developer to make the improvements. Assistant City Manager - Development Services Evans further explained the first phase would establish the DIF for this project. Assistant City Manager -Development Services Evans gave a summary of the presentation and reviewed the following: focus on The Enclave project; recommended $29,188 per unit fee; application as base fee for all single- family residential development; and additional items to be addressed to p4rsue annexation. Council Member Sniff questioned what areas will staff prepare a plan for services. Assistant City Manager -Development Services Evans explained _O L 269 City Council Minutes 11 November 20, 2007 staff will prepare a draft Development Agreement to all property owners in the area, those who choose to sign the agreement will proceed with the annexation, those not wishing to participate will not be included in the annexation; and roughly looking at 28 acres. In response to Mayor Adolph, Redevelopment Consultant Spevacek explained the fees collected at the time of the building permit application will be deposited into a fund and interest earning will be used for the costs of safety services. Assistant City Manager -Development Services Evans explained two factors are being considered in providing emergency services — number per capita and geography. Mayor Adolph expressed concern about piecemeal annexations, and questioned if the City pursues the first phase, what will be the general layout of the entire sphere of influence. Assistant City Manager -Development Services Evans explained staff will come back to the Council and restart the program previously initiated. Mayor Adolph stated his desire to look toward the issues to be addressed in the future Kay Wolff, 77-227 Calle Ensenada, stated obvious problems are the financial disconnect and running into the red after 30 years; addressed piecemeal annexations; stated all indicated an inclination to proceed with annexation and ,Juxtapose the consideration of annexation. Charley Richter, 82-480 Avenue 54, member of Vista Santa Rosa Planning Task Force, stated he is opposed to piecemeal annexations; will be closer to Indio and the units per household will be 3.5 instead of 2.5; will welcome the northwest corner in La Quinta based on two conditions — be subject to an election of registered voters and establish a zoning plan for the next 10 years; stated the City will start down the road of piecemeal development if begin with The Enclave project and will begin developers putting the County against the City; suggested the City establish a more comprehensive planning process and fold it into the General Plan. Torn Noya, Irvine, stated his desire to be an asset to the community; stated the fee has not been factored into the development; and encouraged the City Council to move forward at this time to resolve this issue. Stanley Hoffman, 11661 San Vicente Blvd, #306, Los Angeles, consultant for Motor Coach project, stated he has worked with staff and thanked them for ,providing information; stated the 2.51 population issue does make a difference in the fiscal factors, and when using 2.04 have a different factor; stated the factor of overstating the cost affects the long-term fiscal analysis; addressed revenues included in the model; stated he has not seen a 50-year ",, 2�J� City,/ Council Minutes 12 November 20, 2007 projection as proposed and finds it to be very problematic; requested staff provide backup information on the fiscal analysis. Council Member Henderson referred to page 2 of the letter submitted by Mr. Hoffman regarding the analysis prepared by RSG, and stated the model was prepared for 50 years but staff has presented a 30-year fiscal model. Mr, Hoffman explained the fiscal mitigation fee only covers 30 years, but the model is extended out for 50 years. Council Member Henderson stated the City does have comprehensive planning, but any city in California is looking at the situation with the property tax as bleak; she personally believes it will change drastically and other funding options will be established. Council Member Sniff conveyed his disagreement to Council Member Henderson's comments. Dan Johnson, 801 E. Tahquitz Canyon Way, Ste. 100, Palm Springs, complimented staff and consultants serving the Council; understands the sense and concern of establishing a fiscal model; addressed use of appropriate factor — factor in excess of 2.04 is utilized, seems to be providing a level of service in excess the City is currently providing; stated if changed from 2.51 to 2.04 would be beneficial to know what the fee would be,, stated factor of 2.51 was derived by including the permanent and seasonal population, if seasonal only here for six months,' fee should be adjusted; addressed the difference of .47 basis points; and requested the analysis be compiled at 2.04. Joe Hammer, 43-510 Cielito Dr., Indian Wells, stated on 40 acres in Outdoor Resorts annexation, under $29,000 fee; stated he has not been given an amount for the commercial development of 20 acres; requested commercial development fee be addressed; stated he has begun pursuing options with the County of Riverside. Ellen Lloyd-Trover, 82-150 Avenue 54, conveyed she is not anti -City of La Quinta and currently owns property in La Quinta; stated one of the reasons it has become a great city is because it is fiscally conservative; requested the Council be conservative when considering this matter; stated analyzing a single project will not address future projects in the area; suggested establishing a plan for development; stated existing commercial will not be enhanced by annexation due to the lack of highways; and urged the Council to consider the 2.85 figure as there will be more permanent resiidents in the future; and stated residents of Vista Santa Rosa should be heard. _�� 271 City Council Minutes 13 November 20, 2007 Council Member Osborne commented on the formula and stated the numbers used should remain as proposed; addressed the issue of piecemeal annexation vs. one annexation, and stated the City must take a piece at a time, and conveyed concern of consistency when annexing each piece; stated referencing and comparing the Vista Santa Rosa Task Force Land Use Plan to a municipality is not viable, and stated the area must support its own services; addressed the methodology and pre -annexation agreements, and conveyed concern that an established agreement does not mean have agreed to the development proposed; addressed rural development which will be at a premium, and stated the State is looking at taking away rural development; addressed the reason why looking at this annexation, and stated Bermuda Dunes is a good example which was developed without long-term planning; stated the City has taken a risk in previous annexations and has done well with conservative planning; and stated the proposed fee only applies to detached single-family housing. Council Member Sniff stated he has seen 16 annexations processed which is what makes the City of La Quints today; conveyed his support of the annexation and moving forward which should be dealt with promptly and meaningfully; must deal with reality as it comes before us, and reality 20 years from now is hard to determine; pursue annexation as proposed with the fee at $29,188, set up a fund for depositing fees; unsure will develop the entire area at any time; stated there are many different people in the area who may not wish to be annexed; stated should consider each area for annexation as requests come forward; suggested a two-year review on the fee to confirm the fee amount, and lower or raise it according to the conditions at the time, the only way to look is ahead, and more than likely the fee will go up and not down; need to move forward and accommodate those who have waited patiently on their projects and establish developer agreements and pre -annexation agreements; opined that not all of the area will be annexed into La Quinta as there are many independent residents that do not wish to be annexed into La Quinta; conveyed concern of establishing a master plan for the whole area, as unsure there would be an agreement; need to deal with what is real, current and what requests we have and accommodate the developers; is hopeful the fee will not be determined for 30 years, but for 2 years and review at that time whether it is workable or needs to be modified. Council Member Henderson questioned the 2.51 figure in reference to The Enclave project, and questioned whether it is the intent that it will remain the same for all agreements or project by ' project. Assistant City Manager - Development Services Evans stated staff would prefer one fee, under the direction of the City Council. ',bL 272 City Council Minutes 14 November 20, 2007 Council Member Henderson addressed the reason to annex the area into the City and stated it was deemed to be the direction the City was destined to got suggested the residents in Vista Santa Rosa have a destiny and right to care for the community, and have a level of authority, but what hasn't had to deal with yet, is making decisions for other people, as there may be other people in Vista Santa Rosa that may not have the same vision; stated there isn't a community that has requested an annexation as large as the Vista Santa Rosa area; have looked at the bigger picture because of the backlash received from residents of Vista Santa Rosa; stated there are decisions that have to be made; stated she does not have an ulterior motive for this annexation; stated the problem regarding commercial development has not been solved yet; expressed her frustration with the figure recommended by staff; when incorporated knew every rooftop would cost the City money; stated every time the City has annexed property, it was known there was a cost and a benefit to the City; stated she does not see the 50 and 30 years factored into the model, but does know that things will be different in the future, and is unsure how to factor into the model; stated there is a need to move forward, and she will not support an annexation of any amount of lame vacant property that does not know what will be developed; stated there is a need to move forward with the annexation application; and questioned why the process is taking 6 to 12 months longer in the City than the amount of time for LAFCO. Planning Director Johnson explained staff is taking a fairly conservative position, based on looking into the past; and the process will be at least 6 to 12 months for an EIR review. In response to Council Member Henderson, Planning Director Johnson stated staff is reviewing whether an EIR will be required with The Enclave project. Council Member Henderson addressed the suggestion of looking at the 2.8 figure; stated demographics of the area does not suggest more families will be coming in, but more retired residents and second homes; assured the City does not expect big box development in Vista Santa Rosa; stated does not support the obscene figure for the fee, but could justify a 2.04 density dwelling per unit and suggested the formula be adjusted project by project; suggested continuing good relations with Vista Santa Rosa and discuss issues with them. Council Member Kirk stated the point, of Ms. Wolff was well taken, but metaphorically was a little off as those in the annexation are not moving in, but! moving' next door and will be utilizing services; stated the County government doesn't do well in development; stated part of the motivation is the desire for neighbors to have same or similar value system; speakers from �� 273 City Council Minutes 15 November 20, 2007 Vista Santa Rosa indicated they do not want piecemeal annexation, but understands the approach; suggested moving forward with this particular application and address things with a comprehensive land use plan for the area; agrees structural deficit is unsettling, and thanked staff for changing the public safety escalating factor in the structural deficit; stated it is enough, if using same assumptions, the entire City is bankrupt, but will follow 99% of other cities in California; stated there will be change and would like to see the City be a part of the change; if move forward with this project in considering first step of annexation, concerned a large fee will drive developers away to a County application or will drive higher density, and may be encouraging the wrong development pattern; stated developers may or may not make money on development; new residents will want urban levels of services; annexations have provided more benefit than cost to the City in the past; Vista Santa Rosa will be able to review the annexation and may not like it; the County may state they will never approve that type of development and if it is annexed in the City will not have the structural deficit; and the County Redevelopment Agency over the 30 years stands to get $147 million dollars from this development only, and how much is the RDA offering services to this development or Vista Santa Rosa as a whole; stated the fee is obscene in relation to all the other fees and supportive to looking at other per -person figures, and supports 2.04; not supportive of Community Facilities Districts, and stated it was a wise move for the Council to pass on imposing additional fees; stated a vote to move forward is not necessarily a vote for the current land use, and wishes that it not only be reviewed according to the General Plan but reviewed in the context of the good and hard work the community has put into the area; and requested a complete and critical analysis from the community and Vista Santa Rosa guidelines. Mayor Adolph addressed issues of compatibility and established processes to protect the citizens from development that is substandard to the City; stated the City started with 040,000 in reserves, and as a result of being fiscally conservative, the City has built up to several millions in reserves; and stated the (City Council has been fiscally responsible and built this City to what it is today. Council Member Henderson requested clarification in moving forward with development, including Vista Santa Rosa guidelines. Council Member Kirk suggested two tracks 1) with respect to our current guidelines and General Plan and 2) in the context of the performance of County staff in absence of any established guidelines. Council Member Kirk suggested the figure be variable a5 this stage and re- evaluate in two years. 't 274 City Council Minutes 16 November 20, 2007 Council Member Sniff conveyed his hope of establishing a biannual review of the fee on a routine basis; and establish a good program for future Councils. Council Member Kirk conveyed his support on the 2.04 as it is defensible and there is a logic to it; hears a consensus to move forward with 2.04 persons per household and review in two years, re-evaluate the model in two years, there not be a Community Facilities District for this annexation and continue the policy for future annexations, and reference Vista Santa Rosa guidelines and County land use be used for reference only at this point; and request staff to bring back a recommendation and pre -annexation agreement. Council Member Osborne stated he can understand the desire to come down to 2.04; stated change of population may not be a variable; and questioned if change to 2.04, what would it do to the schedule. Redevelopment Consultant Spevacek stated the per unit fee would be $21,187 at 2.04 persons per household. Council Member Kirk stated the schedule still shows us not having a deficit until year 30. Council Member Osborne stated the Council is being a little aggressive with the figure; stated the review every two years is a good idea; stated the 2.04 will help those who are annexing first; does not want to argue with the developer regarding the amount of population per household. Council Member Henderson stated the development will tell how much population it will bring. Council Member Osborne stated does not want to change the structure of our City to bring homes with fewer people in those homes. Council Member Kirk stated changing this factor does not imply support of family housing, but will do the opposite. Council Member Osborne stated the 30 vs. 20 year affects the density per house, per acre; does not know the numbers as to the profit of the developer; and conveyed concern if reduced to 2.04. Council Member Sniff stated not sure where the 2.04 number was derived; stated he agrees with Council Member Osborne and prefers to stay with the staff recommendation; stated the Council will deal with this matter periodically; and suggested working with what staff has prepared. ',bl 275 City Council Minutes 17 November 20, 2007 Council Member Kirk stated the Mayors view would be the swing vote. Mayor Adolph stated it would be difficult to not follow staff's recommendation. Council Member Henderson stated can make a reasonable argument to use the 2.04, as this is the highest fee anyone is paying in Riverside County or maybe the State of California; and stated already have a formula using reasonable assumptions and the formula has some flexibility. Assistant City Manager -Development Services stated staff will be drafting a development agreement with the fee recommended in the staff report and present it to the City Council as a public hearing. Council Member Sniff urged staff to deliver with speed and would like to see the matter move expeditiously. The City Council did not recess to a dinner break, and recessed at 7:21 p.m. to the Redevelopment AgIqncy meeting and the Financing Authority meeting. The City Council reconvened at 7:57 p.m. with Council Member Henderson absent. CVAG Public Safety Comm' as — Council Member Kirk reported the County has an outdated interagency com nication system and has been addressing the issue for '12 years; a few cities hav proposed a short-term solution and the City may take a loop at the short-term soI ion; will have a problem in case of an emergency regarding the ability to communica with each City in the Valley. CVAG Transportation Committee —Council Member Kirk reported a number of items came before the Transportation ommittee one of which is that there may be extra money available for Highway 11 • stated the County sought regional funds for a variety of improvements includin segments of Airport Boulevard, are all outside the Vista Santa Rosa area, and ay want to suggest to the County to review all of Airport Boulevard and not just a areas outside Vista Santa Rosa. C.V. Cons iervation Commission — Council Me ber Sniff reported the Commission is borrowing $1 million from CVAG to buy 1 0 acres in the Fringe -Toed lizard Reserve as part of the agreement. A A A A N A A N N A A A ,.bu 276 City Council Minutes 6 October 16, 2007 include the approval of the fee schedule; and a formal fee scheduI ill be presented to the City Council for consideration in about a month RESOLUTION NO. 2007-095 A RESOLUTION OF THE CITY COUNCIL OF THE Y OF LA QUINTA, CALIFORNIA, MAKING RESPONSIBLE AGENCY FI INGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR THE MULTI - SPECIES HABITAT CONSERVATION PL /NATURAL COMMUNITY CONSERVATION PLAN, APPROVING THE COACHELLA VALLEY MULTI - SPECIES HABITAT CONSERVATION PLAN/NATURAL COMMUNITY CONSERVATION PLAN AND IMPLEME,PITING AGREEMENT, AND ADOPTING ENVIRONMENTAL FINDINGS PURS ANT TO THE CALIFORNIA QUALITY ACT AND RESCINDING RESOLUTION NO. 2006-052. It was moved by Council I6mbers Kirk/Osborne to adopt Resolution No. 2007-095 as submitted. Votion carried unanimously. NO. 2007-096 A RESOLUTION/OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, O ESTABLISH PROCEDURES AND REQUIREMENTS FOR IMPLEMENTATION OF THE COACHELLA VALLEY MULTI -SPECIES HABITAT CONSERVOTION PLAN AND RESCINDING RESOLUTION NO. 2006-053. It wa moved by Council Members Kirk/Osborne to adopt Resolution No. 20-096 as submitted. Motion carried unanimously. STUDY SESSION 1. DISCUSSION OF SPHERE OF INFLUENCE EAST OF CITY LIMITS. Planning Director Johnson presented the staff report. Assistant City Manager/Development Services Evans presented the fiscal analysis update. In response to Mayor Adolph, Assistant City Manager/Development Services Evans clarified staff will illustrate options to mitigate the negative impact. Assistant City Manager/Development Services Evans clarified there is full concurrence between those involved and progress has been made in the project, in response to Council Member Henderson. -61 277 City Council Minutes 7 October 16, 2007 In response to Council Member Henderson, Ms. Alexis Smittle, RSG, confirmed the funds are distributed on a per capita basis and explained three of the four inputs are per capita, where the final input is compiled on a per capita and including a threshold. Assistant City Manager/Development Services Evans confirmed the modeling or formula calculated out 40 years; stated the model could be adjusted for future applicants, in response to Council Member Henderson. Council Member Henderson requested figures be calculated at year 29, 28 and 27 in the model. Council Member Kirk stated the main issue to consider is the persons per household relating to the impact fee; have settled on the figure of 2.8 persons per household to include the seasonal population is a as scientific as we can get; service costs, such as safety services, are driven by housing units and the number of people in occupied units; questioned what is the logid of including each seasonal person as a whole person, compared to the residents who are here 365 days of the year, and appropriately change the seasonal population. Assistant City Manager/Development Services Evans explained most cities in the Valley have had some fiscal challenges in determining the services costs for the seasonal population; and is able to provide several different methodologies to obtain a different formula. Assistant City Manager/Development Services Evans confirmed that contract cities have the highest amount of seasonal population and are in better shape fiscally, in response to Council Member Kirk. Council Member Sniff stated that it seems the Council is nitpicking the issue of the number of persons per household to death; the number that needs to be address is the occupied units, regardless of the amount of residents; haven't gotten very far in the process and would like to see this item move forward with business like approach and dispatch; if goes on as proposed in the staff report, will not be completed for 2 years; have been prolonging this item endlessly; suggested to keep the process simple, and people who wish deserve to be a part of this city. Council Member Osborne stated the Sphere of Influence Ad Hoc Committee has Worked with staff to come to this point; have come to a formula agreed upon; need to keep the process simple and come to a conclusion soon. '-01 273 City Council Minutes 8 October 16, 2007 In 'response to Mayor Adolph, Assistant City,Manager/Development Services Evans explained the model is strictly for single -residential, and no commercial development has been considered at this point. Mayor Adolph stated the bottom line is the City is not going to put the burden to pay for this area on the citizens of La Quinta and has to support itself fiscally; long term must look at all aspects of it and the overall picture on how this area will support itself. Assistant City Manager/Development Services Evans confirmed that is the objective of this discussion and it has been addressed by staff's recommendation. Tom Noya, 1900 Main Street, Enclave, clarified the fee has been agreed upon; stated he is willing to pay his fair share; explained the costs and impacts, and stated the 2.04 number of occupants per household changes the impact fee dramatically. Daniel Johnson, 801 Tahquitz Canyon Way, #100, Palm Springs, representing La Quinta Motor Coach Resort Inc., addressed the 2.51 persons per unit factor and stated the 2.04 factor is more accurate. Council Member Henderson expressed her disappointment of receiving his letter this afternoon, instead of yesterday. Stanley Hoffman, 11661 San Jacinto Blvd., Los Angles, stated he is working better with staff; apologized for the timing of the distribution of the memo; stated must be consistent when calculating persons per unit factor; not opposed to this methodology; negative fiscal impact done today for 30 years, the factor would be less and requested it be recalculated every year; provided data on overall inflation rate; and stated everyone has agreed on the 5.2% discount rate. In response to Mr. Hoffman, Ms. Smittle confirmed the DOF number for the City is being utilized as the basis of the formula. Mr. Hoffman confirmed the use of the very first figure is the basis of the calculation each year, in response to Council Member Henderson Council Member Kirk questioned Ms. Smittle if she concurs with the approach explained by Mr. Hoffman. In response, Ms. Smittle stated she understands Mr. Hoffman's approach, but is unable to calculate the figure at this time using the current model. In response to Council Member Henderson, Assistant City Manager/Development Services Evans explained the model has been run with '_Jt 279 City Council Minutes 9 October 16, 2007 the 2.85, 2.51 and the 2.04 and understands the question from Mr. Hoffman is to change the total population. Council Member Kirk restated the issue — regardless of how you change the numbers in the future, have made an assumption of the service cost is $100 per person, when maybe it may be $90 per person today based on seasonal population and must be consistent with the dollars per person of service costs today, projecting forward regardless of the persons per household; when utilizing the 2.51 figure, didn't reduce the per person cost of City services based on having seasonal persons today. In response to Council Member Henderson, Assistant City Manager/Development Services Evans stated there have been a number of discussions on every factor to input into the model including with RSG; staff is able to rerun the numbers and come back in a couple of weeks — if adjust seasonal numbers then must adjust revenue, and have come to the point of tweaking the model. Council Member Henderson requested staff to reveal the figures of the 29, 28, 27 year analysis. Council Member Osborne stated we can go through those numbers and they will fall; the issue of 2.85, 2.51, 2.04, and all know we have citizens that come in during the season and the population changes dramatically; end up with some fuzzy number but it must include the seasonal population and staff has done a good job to estimate that impact; and stated he does not think the basis should be either 2.04 or 2.85 per household. Mayor Adolph stated most of the seasonal people don't have families, just husband and wife, and some single. Council Member Osborne stated staff has done that from 2.85 down to 2.04 Council Member Henderson stated staff has demonstrated a minor tweak here which there is going to have an impact, and the analysis of year 29, 28, and'27 reveals how much the $33,000 is impacted. Kay Wolff, 77-227 Calle Ensenada, speaking on behalf of Joe Broido, questioned why annex into the City; what good is the annexation going to do for the residents of La Quinta; this annexation if fraught with risk; the question is do we want to be a city of 91,000 and double the geographic size of the city; most people who moved here enjoy the small size of the city and closeness to the government with the people; and requested the Council to consider the citizens they are representing. _;,, 289 City Council Minutes 10 October 16, 2007 Richard Hughes, 58-325 Carmella, agreed with the comments made by Mrs. Wolff; envisioned the City of La Quinta will have the highest median home values in the Valley; requested the Council to consider the impacts to the City. Joe Hammer, 45-510 Cielito Dr., Indian Wells, stated he owns 40 acres, between Avenue 58 and Avenue 59, across from Andalusia and adjacent to the motor coach property; questioned how the annexation will affect the 40 acres owned by himself. Council Member Henderson explained to Mr. Hoffman that he would be requested to sign a pre -annexation agreement if he wishes to be a part of the City of La Quinta. Mr, Hoffman further stated he has been in favor of being a part of La Quinta, but if he will be required to pay the estimated amount of $24,000 to $39,000 per unit, then he does not want to be annexed; stated he understands LAFCO doesn't want islands; and he will not be forced to pay the proposed amounts per unit. Mayor Adolph stated to Mr. Hoffman that from day one it hasn't been the City who sought out annexation. Council Member Henderson stated she understands the comments made by Mr; Hoffman, but he has not been listening with what the City is saying, must calculate the cost to provide services to the proposed annexed area; and the City is not imposing the fees because it wants to. In (response to Mr. Hoffman, Council Member Henderson stated he may remove his name from the application for annexation if and when he no longer wishes to be a part of the City. Council Member Sniff stated Mr. Hammer has spoken before us many times and affectionately; and has stated he wants to be a part of the City; when the City can come up with an affordable fee amount then would like to see hinh as part of the City of La Quints. Mr; Hoffman explained the 40 acres includes 20 acres commercial and 20 acres medium residential and it is unfair to impose the fee. In response to Mr, Hoffman, Council Member Henderson stated staff has not addressed the commercial portion. Mr. Hoffman agreed and conveyed his fear that he will be stuck with these numbers. 281 City Council Minutes 11 October 16, 2007 Ellen Lloyd Trover, 82-150 Avenue 54, Vista Santa Rosa, appreciates a meglber of staff sent the information and requested the option of submitting written comments be considered; agreed with conservative approach; requested the Council consider the change of demographics further east into the area, including large families, adult children, elderly parents, along with small children; seasonal residents may become full-time residents; cannot time disasters and include seasonal visitors; and requested the City consider the higher number for the persons per household. Gayle Cady, 82-831 Avenue 54, Vista Santa Rosa, stated the residents of Vista Santa Rosa would prefer larger lots with less population; PGA West was established by the annexation by the City of La Quinta; find it offensive when stating will put the burden of the cost of annexation on the citizens of La Ouinta; stated the Redevelopment Zone was established prior to the La Quinta administration and Supervisor Wilson; questioned why the City has not brought the issue to light; requested the City consider a less density in the area and the residents feel the annexation Mayor Adolph stated it would be a benefit to be annexed into La Quinta because Council Member Henderson stated annexations previously incorporated into the City were conducted publicly. Vincent Barbato, 73-081 Fred Waring Dr., Palm Desert, owner of Family Development located on the southeast corner of Avenue 53 and Monroe; has had no activity as of late regarding annexation; questioned if the Enclave was going to be the model to determine the cost per unit; stated if fee is too expensive, he would be happy to stay in the County; stated the Redevelopment Zone is a very important factor, as his property is not in the Redevelopment Zone and questioned why must be subject to the 30 year model; requested the City to consider factoring impacts. Council Member Henderson stated she was not aware staff was factoring property in the Redevelopment Zone. Assistant City Manager/Development Services Evans stated staff will include property tax in the model to show the � impact, explained, the area outside the Redevelopment Zone is predominantly residential, the cost for services exceeds the revenue from property taxes. Mr. Barbato conveyed his concern of waiting another year to be able to develop the property. The City Council recessed to and until 7:00 p.m. J I 282 City Council Minutes 18 October 16, 2007 Council Member Osborne stated he has heard over the yl�ars the Council should have extended Adams Street; and now not continyY9 Adams again. Council Member Sniff confirmed vacating an ease ant of Adams Street generally south and was done in 1987. Public orks Director Jonasson explained the actions in the mid -eighties were ft in place and there is a need to actually vacate them now and later r establish them with the new parcel map. Council Member Sniff further stated it s his understanding it was vacated period, and now being told it was ot. Public Works Director Jonasson stated staff has reviewed r/ed d the intent was to leave access for emergency vehicles. Councithe stated it was his understanding the street was vacated perioestioned if know for an irrefutable fact that it was not. Public Worr Jonasson explained the prudence to vacate and to double vacaten of the street will not do any harm. This Mayor declared thePUBLIC HEARING OPEN at 8:05 p.m. There being no requests to speak, a Mayor declared the PUBLIC HEARING CLOSED at 8:05 p.m. RESOLUTION NO. 2007-098 A RESOLUTID# OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA VACATING AN EASEMENT IN FAVOR OF THE PUBLIC FOR ACCESS, GRESS AND EGRESS OF FIRE, POLICE, AND OTHER EMERGE Y VEHICLES WITHIN TENTATIVE PARCEL MAP 33367, AND PUBLIC UTILITY EASEMENTS ESTABLISHED OVER THE VACATED PORTI NS OF AVENUE 52 AND ADAMS STREET LYING WITHIN TEN TIVE PARCEL MAP 33367. It as moved by Council Members Sniff/Henderson to adopt Resolution No. 07-098 as submitted. Motion carried unanimously. STUDY SESSION ............... Continued 1. DISCUSSION OF SPHERE OF INFLUENCE EAST OF CITY LIMITS. Assistant City Manager/Development Services gave a brief recap of the discussion of this matter. 283 City Council Minutes 19 October 16, 2007 Council Member Kirk addressed the question of why annex — stated he is pro -'annexation because the City will inherit this area one way or another, or it will be an island and the City will be forced to annex this area: counties generally don't do a good job developing property; stated if we continue to use the assumptions and do not do nothing about the assumptions we are headed for a train wreck and being too conservative will drive up costs and may be imposing high density for developers to recoup costs; would like to be 'realistic and request staff to review Council Member Sniff's recommendation to be consistent with the current which will change the per unit impact fee, review the seasonal population issue of having the same impact as a full-time resident; stated the higher the fees the greater pressure will Ibe to increase the density in Vista Santa Rosa and suggested a variable fee based on density; commented that the bigger the house, the less persons in the house; does see the development in the east will be high end; suggested the fee be lower for low density development and higher for high density; taking a hard look at the seasonal population and making sure the model is consistent with the assumptions used today, would like to see this come back; must get this fee right or the future City Council will inherit what the County did to the City. Council Member Henderson supports continuing to tinker with model and base on a formula that is already before us submitted by the subcommittee. Council Member Kirk stated what the subcommittee supported was bringing the 'annexation to the Council; stated the methodology is good, and expriessed concerns of density and the use of this model and the impact to density. Council Member Henderson confirmed Council Member Kirk's position of using the existing formula to be able to get to the suggestions made. Council Member Kirk confirmed the model is a good one and the biggest issue is the persons per household, and suggested staff could look at the Department of Finance, the General Plan or somewhere in between. Council Member Henderson addressed the purpose of annexing into the City as the more control we have over this area and the ability to make it successful; doesn't believe the County's vision of the area is for the benefit of Lp Quints; feels staff has brought everyone to the table; no problem to work with this formula and continue to tinker with the model; if try to access this formula three years from now may come to a more tolerable fee; small adjustments change the numbers; should plan to close the gap between 2.04 and 2.51; troubled with how and why came up with 2.51 number; staffing for services is provided to both permanent residents and seasonal; would like _;,. 284 City Council Minutes 20 October 16, 2007 to see a little more done with the formula in two weeks; and requested staff to bring back some figures based on the discussions tonight. In response to Council Member Henderson, Assistant City Menager/Development Services Evans explained both the figure and the formula will be built into the agreement depending on the fee the Council approves, and the reduction of fees over time; the more complex the fee the more careful staff would need to be; the idea is any property owner that annexes would need to enter into an agreement; and either Mr. Hammer or any future property owner would more than likely beg the City to develop the property for residential purposes as the transportation to the area does not support commercial development. Assistant City Manager/Development Services further explained staff may be ablle to spend the time to address multi -family and begin looking at bedroom counts for higher density and apartments; stated a developer must enter into a pre -annexation agreement for residential development prior to an annexation and environmental documents would need to be included; explained a completed environmental assessment is needed to go forward with an annexation as well as the entitlements and agreements; each project must be reviewed independently to determine the necessity of an Environmental Impact Report; explained the timeframe to process an annexation would be about two years depending on the Council's direction in preparing the sliding scale of fees in the agreement. Council Member Henderson stated the density has proved itself to be a critical part of the formula; have outstanding issues regarding the area outside the Redevelopment Plan; recommend to look at the potential of arriving at a figure between 2.51 and 2.04; requested staff to report back to the City Council in two weeks and wrap up by the end of the year. Council Member Osborne stated he would rather leave the formula alone; quite a bit of discussion regarding the inflation factor and staff has been consistent on applying the percentages over the years; in respect to persons per household, it will be a difficult discussion, number will be grey and fuzzy; would like to keep things as simple as possible; supports the sliding scale application; supports a density credit, but it may negate the fee; have to plan for the largest population and keep the staffing of safety personnel; concerned to discount seasonal portion more than reasonable; only applies to single-family residential units; need to address units not in the County Redevelopment Plan; and would like to keep the formula simple for the betterment of everyone involved. `� 285 City Council Minutes 21 October 16, 2007 Council Member Sniff stated he would like to see this issue move forward and must begin the process of annexing the area, whether it's the entire area or riot; believe if work from a simple base figure and work from that, it's based on simple logic and everyone can understand; recommend $30,000 per idwelling unit, have a 30 year span of time and this amount should be looked at and potentially adjusted per year; would like to see the Council realize the City will control the density and development; some of the area remain extremely rural and should maintain a rural atmosphere; people who live in Vista Santa Rosa like their lifestyle and sees no reason that it needs to be significantly modify at all; it will not be wall to wall, side to side houses and a lot of it is going to be very rural and it should be; it is not a highly urbanized area and doesn't think it should be a highly urbanized area and it can have areas that urbanized and others that are rural, a blend, as it is a big enough area to accommodate with relative ease; stated staff cannot prove the numbers in the formula, as they are arbitrary and would rather work with solid numbers and go from there; recommended to use $30,000 per dwelling unit to start and have an analysis every two years to the justification of potentially raising the fee, but more likely lowering the fee, and should come down every year and end at zero by the 30' year; simplicity properly applied works and the $30,000 per dwelling unit lends itself to a basic simple formula; can and should move faster than two years to annex the area into the City; perplexed over this matter and has been delayed due to the complex factors presented to the Council; too many factors are presented and there is never a definitive movement; suggested to keep it simple for better understanding by everyone; things can go the other direction at any moment as costs can go up; other factors include the significant differences in the thrust to build residential housing in resort areas; establish a simple straight formula and move with dispatch to get it going so that people who do have property in the area have a reasonable expectation of being able to do something with their property. Mayor Adolph conveyed his agreement with Council Member Henderson's statements; stated it behooves us to protect our borders by being a part of what is happening there; stated the City has the opportunity to develop projects that will project what is established in the area; trying to protect the community by building a reserve financially; have been conservative and must stay conservative in investments; must do the right thing for the community; willing to take a look at what it takes to protect us; can see the rationale of other Council Members and see one common concern which is allowing the proper development in the area; agrees on a formula to break evert and not cost the City financially; and rely on staff to present the facts. Council Member Kirk stated he has not had time to review the matter entirely; recommended staff return a couple of alternatives — one setting the 286 City Council Minutes 22 October 16, 2007 fee at $30,000 and one suggested by staff already, and include seasonal population; and suggested to make a decision in thirty days. Council Member Kirk further conveyed his confusion of suggesting 30 years — residential property will have a negative impact at the 31" and 32ntl years and so on, would like to receive clarification of the term of the fee. Council Member Henderson stated the Council has spent a great deal of time on the formula; even the suggestion of $30,000 came from somewhere and it came from a formula and based on reality; we are basing the formula on the 30 years of the Redevelopment Plan which expires in 2036; stated we could already be one year into the life of the 30 years, and could already be calculating the fee at 29 years; have approved many projects that took more than two years to develop the project. Assistant City Manager/Development Services Evans stated staff could bring back the difference of fees between county and non -county areas; will show what happens in year 30 or 29, as will roll back to low property tax; same challenge if look at residential property in the City today; will not have the commercial exponential factor as citizens prefer to shop outside the City. Council Member Henderson further stated based on the current population, current General Plan, and the current five year allocation program and the 30 years, where we are somewhat upside down; stated she is of the frame of mind there is going to be change; reality is will not be able to afford to pay current salaries for safety personnel and it will be changed; receiving more property tax now than have received in the past because of the triple -flip; have a good formula and must use it, -but it will not work forever; must use the same formula all the way through the 30 years; there is room between the 2.51 and 2.04 and the density factor; conveyed her disbelief of the financial despair in 30 years. Council Member Sniff stated he understands this matter back will be brought back at the second meeting in November. Assistant City Manager/Development Services Evans stated staff will need 30 days to consult all involved. Council Member Osborne suggested to submit first annexation request this year; thirty-year study and potential residential population and the revenue must be considered. Council Member Henderson stated the rotation of the big boxes are going to go from here and the Supervisors will do everything to relocate them to the southeast. '_bf 287 City Council Minutes 23 October 16, 2007 Council Member Osborne stated we don't know what will happen. Council Member Henderson conveyed her concern of no annexations have been conducted with any kind of fee outside of the Redevelopment Plan; all homes costs the City money to provide services; and will be using the same formula less the property tax. Assistant City Manager/Development Services Evans stated the property tax will be included and the Council may be surprised how much is contributed to this formula Mayor Adolph recessed the City Council meeting at 9:11 p.m. and reconvened at 9:23 p.m. Council Member Kirk referred to the world being bleak at the end of the 30 years, and requested staff to include the 5% escalation. ....... Continued 3. CONStPERATION OF APPROVAL OF CONTRACT CHANGE ORDER NO. 6 FOR PFt9JECT NO. LMC 2005-08, CITYWIDE LANDSCAPE MAINTENANCE SERVICE FOR FISCAL YEAR 2007/2008. (This Item was moved from Consent IteN No. 8.) Mayor Adolph ated during the winds last week, many trees were blown down and many I dscapers were replanting the trees in many areas, but not at SilverRock Reso until Tuesday; stated he had questioned Building & Safety Director Hartu if the City has a standard planting plan who stated the City does not; ques ' ned why beautiful trees were lost due to the wind damage at the SilverRock esort and not in other areas of the City; stated landscapers are not replaci plants and drip systems are watering the dirt; stated if not they are not repl ing plants then disconnect drip system. In response to Council Member derson, Public Works Director Jonasson explained Kirkpatrick provides servic on the perimeter of the Resort; stated the City does have a standard pla\*ngplan and staff will review the landscape plans with the developer; epart of the delay to replanting tree$ is due to obtaining staking matd further explained the priority was'the removal of debris impeding ot-of-way for public safety. Mayor Adolph suggested to use two inch dow s for staking, and stated there must be a better way to protect the trees. _� t 288 ATTACHMENT #2 City Council Minutes 10 January 15, 2008 received comments from staff on the City's position ofX rdinance fo itle 7A, revised County Animal Control ordinance for the Calley. Palm Springs Desert Resort Communities Conventior' Authority — Mayor Adolph referenced an article in The Desert Suthe CVA falling short of the goals, and asked what they are doing to taround. Council Member Henderson stated part of the problem was then of a very large attendance' to the soccer event. Mayor Adolph stated he was appointed as represe ative to the Bob Hope Chrysler Classic (BHCC) Charities; he doesn't agree rth the organization's policy of sustaining certain charities; none of the La inta based charities receive funds; and stated La Quinta Boys and Girls Club ill be acknowledged individually by the BHCC Charities. All other relp/REPOS d filed. DEPARTM NCity Manajea Quarterly Marketing Report for the City Council's review. In resJpdr so to Mayor Adolph, Community Services Director Hylton stated the 7reopened Monday, January 15`h with over 500 in attendance, and 400 ing the new self -scan system. MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION OF UPDATE REGARDING AVENUE 58 STREET IMPROVEMENTS. Mayor Adolph stated he received a call from Bill Morrow who was angry about the status of the street improvements on Avenue 58; the matter was discussed with Public Works Director Jonasson who provided Mr. Morrow a letter on the schedule for improvements; and stated Mr. Morrow has threatened litigation and a representative will be attending the February 5`" meeting for public comment. ,•�ji 289 City Council Minutes 11 January 15, 2008 Mayor Adolph stated he understands from Marty Langer that the Playboy Jaz4 Festival is considering moving the festival from the Hollywood Bowl to the (City of La Quinta; and reported the estimated cost for the City to host the event is $350,000. Council Member Osborne stated he is unsure the City has a venue to accommodate the event. Council Member Henderson stated the City does not have a venue that compares to the Hollywood Bowl; stated that it takes time to prepare for such an event; and stated the appropriate procedure is to provide information in a Metter to staff for review. Council Member Kirk stated this may be a great opportunity but is a venue problem; may have to spend $350,000 just to enhance a venue, possibly at SilverRock Resort. Mayor Adolph stated there may be reciprocal ties with the City of Indian Wells as hotels are across the street, as well as an advertisement opportunity for the City. The City Council recessed to the Redevelopment Agency meeting. The City Council reconvened and recessed to and until 7:00 p.m. 7:00 P.M. PUBLIC COMMENT Dan Johnston, 108 E. Tahquitz Canyon Way, Attorney representing Motorcoach Inc., stated the December 18" minutes indicated the City Council was to discuss the per-unii fee at the January 15`" meeting. City Attorney Jenson stated staff will eventually have a development agreement for the Council's consideration, and the fee will be considered at the same time; and explained the matter is in other development and entitlement process. Assistant City Manager —Development Services Evans stated the Council discussed the possibility of discussing this issue at a future meeting; however the City Manager has informed the Council an update report was included in the agenda packet for tonight's meeting; explained Council has given direction regarding the ; b; 299 City Council Minutes 12 January 15, 2008 mitigation 'fee, and staff is working on a development agreement that will be brought belfore the Council at a public hearing; at that time the fee can be reviewed and testimony received for consideration; staff does not anticipate any additional workshops, regarding the fee, and will not be presenting this item as a Business Session item but as a public hearing; and stated staff anticipates the item being presented as early as three months. Council Member Kirk referred to Page 12 of the December 18, 2007 meeting minutes, which indicates the City Council concurred to review the matter at the January 15, 2008 meeting. Assistant City Manager -Development Services Evans stated staff can review the minutes for clarification. Council Member Sniff noted in substance Council Member Kirk is correct, and direction was given without a vote for further discussion. City Attoriney Jenson clarified if the item were to be brought back for consideration, it would be for further direction related to the development agreement process. Council Member Henderson stated part of the problem is that the more complicated the process has become, the more complicated the questions have become also. City Manager Genovese stated staff will review the verbatim prepared for this matter. Council Member Osborne requested staff review the minutes for clarification. Council Member Sniff stated a vote is needed instead of a consensus; and questioned if the development agreement will be uniform or vary from development to de:velopr'nent. City Attorney Jenson explained it would be Council's prerogative. Council Member Henderson stated more than likely there will be individual development agreements, as they will be individual projects considered on their own merit. Council Member Sniff stated based on that information, the development agreements would not necessarily be the same and would vary. Council Member Osborne requested clarification of the study session item discussed at the December 18, 2007 meeting. Council Member Kirk stated the more information provided about a project, the more specific, and perhaps fair, the fee can be; however due to LAFCO policies, we will see annexations that are ready to go and pieces of dirt that are not ready to r. 291 City Council Minutes 13 January 15, 2008 go; :stated staff's suggestion or proposal is that any land coming into the City have a pre -annexation agreement, so it is very important to nail down a defacto fee. Council Member Henderson explained LAFCO does not have anything to do whether a project is on a piece of land or not. Council Member Kirk stated LAFCO may require an applicant to extend an annexation to include all of their contiguous land instead of just annexing the portion they want to develop. Council Member Henderson stated LAFCO staff may advise an applicant. Council Member Kirk stated the initial annexation may include more than just the Bayshore agreement. Council Member Henderson stated anyone who is a part of the Bayshore applicant would be required to sign the development agreement and agree to the fee stated in the agreement; and stated the only place the fee can be administered is within the development agreement. Council Member Kirk stated this is where perhaps our interpretation may be slightly different, as it becomes a defacto fee for those properties, in the case of the Bayshore application; and further stated each property will have a pre -annexation agreement, Assistant City Manager -Development Services Evans explained the work program; stated if the single-family residential fee is brought back for discussion, the multi- family residential fee will need to be discussed as well in order to have a full discussion;i it will take time for staff to conduct a survey and refine the data, and then staff came bring it before the Council when the information is prepared; explained Staff needs to time to look at the multi -family fee; and stated it would not be very productive to discuss this matter in pieces. Council Member Sniff questioned if someone wishing to be annexed but not planning to develop the property, would be required to have a development agreement. Council Member Henderson conveyed her understanding that they would; in order to develop the property in the future, they must have a development agreement in concurrence with the annexation. City Attorney Jenson stated an applicant could lock in the current zoning in a pre - annexation agreement. Council Member Kirk conveyed his disagreement with respect to the description of the work program; stated the Council's instructions were to bring this back as a '. ll 29" City Council Minutes 14 January 15, 2008 Business Session item; stated the multi -family fee will be more challenging than the single-family fee; stated in looking at Vista Santa Rosa, he sees extremely little multi -family; stated the assumptions used can influence what occurs for the multi- familly fee and is not a pressing issue; stated there are many variations on the basic assumption used for the basic fee; and stated he would like to see this back for review as indicated from the December 18 meeting. City Attorney Jenson explained the Council can take action to see what they want in a development agreement. Council Member Kirk stated there doesn't appear to be clear direction to staff or land owners. City Manager Genovese asked if the Council wants to regenerate the information or bring it back as,a Business Session item to confirm the direction at the December 18`" meeting. Council Member Kirk stated staff can bring back a Business Session item to give the Council an opportunity to change their opinions, modify or give additional direction; and will be ultimately approved through the development agreement and by the pre -annexation agreements themselves. City Attorney Jenson clarified the ultimate decision would be made when the development agreement is approved and the fee would be locked in at that time. Council Member Osborne asked if staff will be bringing this back at the next meeting or'the following meeting. Council Member Henderson stated the Council is not looking for additional information from staff, but needs to be clear on the information they give to staff. Joe Hammer, P.O. Box 278, stated he cannot make a decision about supporting annexation, until the numbers are known; his property is the island that may make a project go forward or not; the fee could be $9,000 or $10,000 and it's all too expensive;' in previous years a $800 or $900 per year fee was discussed; economics'are not there right now to support the $29,000 per door fee; why pay that amount to annex when they can remain in the County for free; if the Council desires his property to be part of the City, it will have to provide the numbers to make: a decision. Brett Kelly„ 4041 Dogo Road, La Canada, expressed his desire to be a part of the City; ready to do a development agreement and does not want to be a burden to the General Fund or the residents; stated some don't have the luxury of inheriting City Council Minutes 15 January 15, 2008 property or long-time ownership; stated time is imperative in resolving the issue of establishing a residential fee. — None PUBLIC HMRINGS 1. PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING TITLE 8, CHAPTER 13, WATER EFFICIENT LANDSCAPING ORDINANCE. Planning Director Johnson presented the staff report. In response to Council Member Henderson, Planning Director Johnson stated the interest in water features is to encourage non -potable water for all water features and go through a review process; and the conditions imposed on the landscaping option are conducted through the review process. In response to Council Member Kirk, Planning Director Johnson explained the turf and water feature portion of the CVWD ordinance is not included as there is not reference to golf courses, staff is not involved with the review of the golf courses and will leave it up to the developer. He further explained bothi CVWD and the City review landscape plans for compliance of code provisions and assurance for compliance for entitlement. Council Member Kirk requested staff consider eliminating any duplicate review of the landscape plans. Planning Director Johnson confirmed the ordinance is strictly dealing with outdoor water conservation, in response to Mayor Adolph. The Mayor declared the PUBLIC HEARING OPEN at 7:50 p.m. Kay Wolff, 77-227 Calle Ensenada, spoke in general support of the ordinance; does not understand why the CVWD ordinance includes golf courses but the City's does not; suggested standards could be applied to existing properties by incentives; and commented on the statements made by the public regarding the pace of the project by staff regarding the annexation discussion. There being no additional requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:52 p.m. tj 29t ATTACHMENT 3 City of La Quinta Planning Areas 1 & 2 Fiscal Mitigation Policy P'ur os : Planning Areas 1 & 2 comprise approximately 8,000 acres which are designated City of La Quinta Sphere of Influence. Potential annexation of properties will require a range of studies including but not limited to plan of services, fiscal impact analysis, capital facility studies and studies associated with entitlements for future development. Current land use designation and economic studies indicate that the majority of property is planned and zoned for low density residential development. Annually, the City prepares budget projections and every three years prepares and considers a General Plan build -out fiscal analysis. Based upon a review of long range fiscal studies, the City has determined that future annexations must be carefully considered relative to short and long term fiscal impact. Planning Areas 1 & 2 Considerations: Municipal revenue is derived from various tax revenues with sales tax, transient occupancy tax, and property tax forming a substantial percentage of the City's revenue. As noted above, proposed and anticipated land use within Planning Areas 1 & 2 will be predominantly low density development. Planning Areas 1 & 2 have the following considerations when evaluating short arid long term fiscal impact: • Low Property Tax Rate — The property tax rate is low or resulting in the Cityreceiving approximately $0.07 per $1.00 in property tax. • Thermal Redevelopment Area — The majority of Planning Areas 1 & 2 (all areas south of Avenue 54) are within a Riverside County Redevelopment Planning Area and as a result, properties within this area will generate almost no property tax until 2037. • As currently designated, the predominate land use will be low density residential with the expectation that there will be a high number of second or seasonal homes. • Commercial development will be primarily neighborhood service commercial use which does not generate significant sales tax revenue. • The City has formally requested that Riverside County provide redevelopment or other funds to off -set the fiscal effect of the County RDA and the County has declined offering any long term funding. 1 295, Fiscal Statement: The City has determined that future annexations shall be fiscally positive or neutral and that tax revenue from the current City Limit shall not be used or considered in evaluating the fiscal impact of proposed annexations. Public Service Levels: In considering future annexations, the plan of services and fiscal impact analysis shall utilize the levels of service provided in the current City Limit and that each annexation shall pay for its full share of public service costs. Infrastructure and Public Facilities: The City will prepare an infrastructure and public facilities study which will be utilized to prepare a Development Impact Fee Study (DIF). All future developments shall pay DIF fees in effect at the time development permits are issued. Fiscal Impact Mitigation Statement: Prior to consideration of all proposed annexations, the City shall prepare a comprehensive fiscal impact analysis per the fiscal model prepared by RSG. This fiscal model shall utilize the most recent City Budget. All annexations shall bq fiscally positive relative the cost of providing each proposed land use. Prior to annexation, all property owners for properties that are not currently developed per the City General Plan shall enter into a pre - annexation development agreement which shall include fiscal mitigation program, provisions for public facilities and other such provisions deemed necessary to support the proposed or future development. Due to development status and size of properties, the City may exempt certain properties which are currently developed or of such size and configuration that annexation of such properties will have a minimal fiscal impact. Prior to preparation of the pre -annexation development agreement, the City Council may review the proposed annexation fiscal impact report and provide staff with direction on the method and amount of fiscal mitigation to be inicorporated into draft pre -annexation development agreements. 2" 296 _ - ATTACHMENT 4 ® City of La Quinta September 28, 2005 City of La Quinta 7&495 Calle Tampioo La Quinta, Califomia 92253 RSG INTELLIGENT COMMUNITY DEVELOPMENT ROSENOW SPEVACEK GROUP INC. 309 WEST 4TH STREET SANTA ANA, CALIFORNIA 92701 P 714541.4585 F 7K541.1175 E INFb@WEBRSG.COM C! INTRODUCTION.......................................................................................... 1 KEYFINDINGS............................................................................................ 1 ASSUMPTIONSAND METHODOLOGY....................................................... 3 PROPOSED DEVELOPMENT.......................................................................4 MUNICIPAL SERVICES ANALYSIS............................................................. 4 CURRENT SERVICE PROVIDERS PROPOSED MUNICIPAL SERVICE PLAN................................................................6 WENDITURES........................................................................................................6 REVENUES.................................................................................................................7 NEXT STEPS AND ANNEXATION PROCESS ............................................ 11 EXHIBITSAND TABLES........................................................................... 12 GUt ' plihe Endav6fiepM s.28.o5.doc 293 FISCAL IMPACT ANALYSIS it turi�eeu' _r�nu I I I I P� �' i I r The City of La Quinta ("City") is considering the annexation of "The Enclave at La Quinta" ("Study Area', a residential site, into the City's limits. The Study Area consists of 157 acres and is located at Avenue 62 and Monroe Avenue within unincorporated Riverside County ("County"). The Study Area is currently outside of the City's Sphere of Influence ("SOI") and is not included as part of the City of Indio or City of Coachella's SOI. Generally, if an annexation effort is pursued, the City must submit an application to the Riverside County Local Agency Formation Commission ("LAFCO"), including an analysis of the fiscal impacts'. This report presents a preliminary analysis of the fiscal impacts of annexation. The fiscal impact model for the City estimates revenue the annexed area would generate and the costs to service the Study Area. Rosenow Spevacek Group, Inc. ("RSG") developed this report to assist the City in assessing the effects of annexation and outline a course of action to pursue the effort. RSG's analysis concludes that the City would provide service enhancements to the Study Area and incur additional expenses as a result of annexation. lKt:Y1IP,,IWNINU* 19 I I i id The fiscal and organizational impacts are summarized below: ® Issue # 1: At buildout, the Study Area will be a private, gated, residential community of 474 homes. Residential uses generally do not generate a wide range of General Fund revenues; therefore, annexation of the Study Area will have a detrimental impact on the City's General Fund. Additionally, the Study Area is in a County Redevelopment Area and the City General Fund will not receive any new property tax to cover service costs. Fiscal Impact As a result of annexation and upon buildout, the Study Area will incur approximately $212,000 in revenues and $559,000 in expenses. In all, RSG projects a General Fund gap of $347,000 upon buildout. Table 1 and 2 summarize on -going expenses and revenue within the Study Area. Potential Solution: (1) Allocate General Fund to pay for the financial impacts. (2) Pursue the formation of a Community Facilities District ("CFD") to provide on -going revenue to offset on -going expenditures required to provide services to the Study Area. Exhibit 1 provides a detailed explanation of how a CFO can be formed and terminated. LAi is aarerdly in the process of reevaluating the Sol for the Cities of Coachella, Indio, and La Quinta IAFCO ® "ends 10 lake revised Sol's to the Board of Directors in October, 2005, ROSENOW SPEVACEK GROUP INC. PAGE 1 �; , 299 FISCAL IMPACT ANALYSIS CITY OF LA QUWTA (3) Establish a one-time fee to cover the financial gap in service costs and create an annuity from which an annual revenue stream would be developed to pay for on -going service costs between FY 2007-08 and 2055-56. (4) Institute a joint CFD and one-time fee program which together would provide an adequate revenue stream to cover on -going service costs between FY 2007-08 till 2055-56. Issue # 2: The Municipal Service Review ("MSR") dated May, 2005, shows that the Study Area is outside of the City's Sphere of Influence ("SOI"). Fiscal Impact: If the City approaches LAFCO about annexing the Study Area into the City's SOI, the MSR amendment and SOI amendment processing costs may be waived because LAFCO is currently undertaking a SOI review of the Southern Coachella Valley Area. Potential Solutions: (1) LAFCO is currently in the process of reevaluating the Southern Coachella Valley Area SON. Staff within the City's of Coachella, Indio, and La ® Quinta are currently in communication with LAFCO staff regarding the extension of SOI boundaries. (2) Request for amendment of SOI to include the Study Area. 'Issue # 3: The Study Area is within the Riverside County Desert Communities Redevelopment Project Area ("Project Area"). Fiscal Impact. County of Riverside Redevelopment Agency ("RDA") would receive 100% of current and future Study Area property tax revenue for the life of the Project Area, which extends to December 2037. RSG estimates that the RDA will receive approximately $156.3 million in gross tax revenue over the next 31 years. Table 3 provides estimated tax increment projections for the development of the Study Area. Potential Solution: (1) The City should consider negotiating with the RDA to obtain a portion of future property tax revenues to support capital improvement costs as a result of the Study Area. ROSENOW SPEVACEK GROUP INC. PAGE 2 300 --- FISCAL IMPACT ANALYSIS CI YOFLAQUINTA For the purposes of this study, the following assumptions and methods were employed to determine the cost of services and revenue generated through annexation. RSG contacted the County and the City to verify existing service levels and the costs and revenue associated with the provisions of service for the Study Area. Bayshore Development, the developers of The Enclave at La Quinta, were also contacted regarding the proposed level of development for the Study Area. This information established the annual costs and revenue for the annexation upon build -out and subsequent 47 years to determine the fiscal impact of the Study Area. Assumptions Upon annexation, the cost to provide municipal services to the Study Area are based on the City's current (FY 2005-06) level of service and not the current level or cost of services provided by the County. An inflation rate of 2%2 was used to project revenue increases and a 3% inflation rate was used to project service costs. Furthermore, this analysis assumes that the annexation would occur prior to the Study Area being developed. Methodology A per capita modeling method was used to estimate many service costs and revenues for the City. Per capita cost methods represent the citywide cost of service. This approach is used for services that would not likely vary substantially from the current average costs when delivered to the Study Area. Per capita factors are based on (1) the City's current FY 2005-06 budget costs, (2) the City's residential population and daytime employment (see Table 4), and (3) parcel and property assessed value data. First, the residential share of all service costs were estimated by dividing the residential property values and number of parcels by the total value and total number of parcels. These two results were averaged and the value was applied to local cost to determine the residential share of costs. Per capita factors are calculated by dividing the total expenditures for a given service by the appropriate service population (i.e. residential or employee). Governance Scenario/Boundaries To determine the specific governance scenario to be evaluated through this study, the City expressed an interest in full annexation of the entire Study Area to the City of La Quinta. Full annexation would extend the boundaries of the City to include the 157 acres of the Study Area within the City's jurisdiction. See Exhibit 2 Rand California, Business & Economic, Inflation Summary CPI-u All Items, 2004. lhttpJ/ca.rand.crgk ili-bin /staUistcgl?db=economicslnflaflon.hlnd. Note: a 3% inflation rate was used to project assessed value within the Study toAllik Area, a 5% cost rate increase was used to project the increased cost of Police Services, and a 7% cost rate increase was used to project the increased cost of Fire Services. OSENOW SPEVACEK GROUP INC. PAGE 3 -bt 301 FISCAL IMPACT ANALYSIS ® CITY OF LA QUINTA 2 for a map of the City boundaries including the Study Area. Exhibit 3 defines the municipal service plan for the Study Area upon annexation. Oft&060 Development projections for the Study Area form the basis for population projections, service costs and revenues, and is used to support determinations for the municipal services. The Enclave at La Quinta 'The Enclave at La Quinta is proposed to be a private residential community encompassing approximately 157 +/- acres of undeveloped land. The project entails the construction of 474 single family homes at a density of approximately 3 dwelling units per acre. Construction is anticipated to commence in January 2007 with sales completed in 2009. Total absorption will be 474 units, accommodating a total population of approximately 1,364 new residents.' Proposed lots range in size from 6,000 to 10,000 square feet. The homes will have an average living area of 2,800 square feet and be a mixture of one and two story structures located on private streets within a gated community. Landscaped open space and retention areas are also proposed. The main entrance to the site will be located on Monroe Street with a secondary entrance on Avenue 62. This section outlines the municipal service plan for the Study Area. Within this section, current service providers are listed, a plan for transferring services to the 'City is offered, and estimates for the costs of services and revenue generated are presented. CURRENT SERVICE PROVIDERS The Study Area currently receives municipal services from the County of Riverside. The agencies and enterprises currently responsible for the delivery of ,services and those proposed to provide service upon annexation are listed in Exhibit 3. ,County of Riverside General Fund ,The County's General Fund provides municipal services in the Study Area. These services include, but are not limited to, basic law enforcement, planning/building, public works, and general government. There are no park or recreational facilities currently in the Study Area. ° Far singe family units, population estimates of (2.878 per unit) are based on the persons per dwelling unit indicated by the California Department of Finance, E-5 City/County Population and Housing Estimates, 2004. Revised 2001-2003, with 2000 BRIE Benchmark. ROSENOW SPEVACEK GROUP INC. PAGE 4 302 FISCAL IMPACT ANALYSIS CITY OF to QUINTA entire Study Area is located within the boundaries of the Project Area, nistered by the RDA. Therefore, the County's General Fund receives nal property tax revenues to support service costs within the Study Area. estimates that the County's General Fund receives approximately $96,500 Table 7a) in property tax from the base year assessed value of the Project Currently, no lodging facilities or retail/commercial facilities exist on the therefore, there are no sources of transient occupancy tax or sales tax Redevelopment Agency — Desert Communities Redevelopment noted above, the Study Area currently lies within the Project Area inistered by the RDA. The Project Area was formed in December, 1986 and velopment activities terminate in December, 2027; however, receipt of tax sment will continue until December 23, 2037- The RDA can anticipate iving a cumulative total of $156.3 million in gross revenue from buildout until T. Table 3 presents tax increment projections for the RDA. pon annexation, the Project Area would continue to be administered by the RDA. Tax increment revenue from any new development, any increase in roperty values, or the future resale of homes within the Project Area, would not e paid to the City. Redevelopment law provides that the County would retain edevelopment authority in the Study Area unless the City and County negotiate n alternative arrangement. ithern Coachella Valley Community Services District ("SCVCSD'7 ned as a special district under California law (Government Code §61000), the /CSD was established by Resolution of the Riverside County Board of lervisors on December 2, 1986. The SCVCSD is funded by annual essments and by franchise fees collected from the waste hauler selected by SCVCSD Board of Directors. SCVCSD contracts with the Riverside County Sheriffs Office for elemental law enforcement services and with Waste Management of the ;rt to collect and dispose of residential and commercial solid waste. Through collection of an annual assessment and franchise fees, the SCVCSD ices the Communities of Thermal, Oasis, Mecca, Vista Santa Rosa and other corporated areas of the County. special assessment is generated by taxes levied on all parcels in the at's jurisdiction, based on the following formula: $1.00 per acre, with a minimum charge of $20 per parcel, plus • $66.00 per residential unit or $88.00 per commercial use uring FY 2005-06, the SCVCSD anticipates collecting a total of $740,730 in pecial assessment tax revenues and $89,500 in franchise fees from the entire CVCSD area. Approximately, 90% of the revenues collected will fund the IlOSENOW SPEVACEK GROUP INC. PAGE 5 ,.� 303 FISCAL IMPACT ANALYSIS CITY OF LA QUINTA supplemental sheriff contract, and the remaining 10% will be used to support administrative costs. RSG estimates that at buildout the Study Area would (generate $31,400 in assessments. This amount accounts for approximately 4% of SCVCSD's proposed budget. In the event that the City applies to annex the Study Area, the City would also need to apply to have the Study Area detached from the SCVCSD. Upon approval from LAFCO, the City would assume responsibility for sheriff services, the collection and disposal of residential and commercial solid waste, and the parcels would become detached from the SCVCSD and no revenue from the assessment would be received. Supervisorial Road District 4 The County Transportation Department collects an apportionment of property tax revenue from the Study Area for maintenance and road construction throughout the unincorporated portions of the County. Upon annexation the Study Area would be removed from the Supervisorial Road District; road maintenance and construction would become the responsibility of the City. PROP SED MUNICIPAL SERVICE PLAN Approval of the full annexation of the Study Area would result in the transfer of all services, currently provided by the County, to the City. Exhibit 3 summarizes the service plan for the City under full annexation. Revenue and expenditures projected for the Study Area are enumerated below. General Fund With the exception of road maintenance, most operational services would be provided through the City's General Fund. EXPE DITURES This section describes the approach used to estimate additional expenditures for the City. Table 1 summarizes on -going service costs within the Study Area. General Government General Fund operating expenditures related to General Government (i.e. City Manager, City Clerk, City Attorney, etc.) Recreation, Community Services, Building and Safety, Community Development, and Public Works departments are anticipated as a result of the proposed annexation. RSG assumes that service enhancements within these departments will include incremental increases in staffing and supplies to absorb the impact of the Study Area. The proposed development within the Study Area is a residential gated community; therefore, the City will not incur a significant increase in operational costs for services such as property maintenance, code enforcement, and animal control. ROSENOW SPEVACEK GROUP INC. PAGE 6 3 O T FISCAL IMPACT ANALYSIS CITY OF LA QUINTA Police Services A major operating expenditure for the Study Area would be police services, which are provided to the City under contract with the County Sheriff's Department. The City provides a higher level of service than the Study Area currently receives. Upon buildout the Sheriff Department projects that the City will need 1.5 additional officers to provide adequate coverage and responsiveness in the Study Area. The addition of 1.5 officers will cost the City approximately $292,000, upon buildout. Table 5 summarizes the on -going public safety expenditures within the Study Area. In the future, the Sheriffs Department projects that the Study Area and surrounding areas will need one additional motor officer to respond to increased traffic congestion, resulting from increased development. An estimate of the cost for this increased service level is not accounted for in this analysis. Fire Services Fire Services are currently provided by the Riverside County Fire Department. Station 70, which is located at Avenue 54 and Madison Avenue, is the Station within the City's boundaries located nearest to the Study Area. Station 39, which is located at Airport Boulevard (Avenue 56) and Harrison Street in Thermal, is the fire station outside of the City boundaries that is currently located nearest to the Study Area. Current population projections for the Study Area do not warrant the hiring of additional firefighters or the construction of an additional fire station. Maintaining the current service level and expand services to the Study Area will cost the City approximately $187,000, in 2009-10. Table 6 summarizes the on- going fire service expenditures within the Study Area. IAs areas surrounding the Study Area begin, to develop, the City, in partnership (with the County and adjacent cities may consider generating additional funds for the construction of a new fire station and additional firefighters. This anticipated need and associated costs are not accounted for in this analysis. Capital Improvements The scope of this report was limited to analyzing the operation impacts of annexation; capital improvement needs around the periphery of the Study Area were not specifically addressed. The City would need to look further into the feasibility, that development impact fees could cover the cost of these types of improvements. This analysis also assumes that the developer would account for capital improvement costs within the Study Area. section describes the approach used to estimate revenues for the City of La ta. Table 2 summarize revenues generated within the Study Area. Property Tau Upon annexation, the City would be responsible for all municipal services provided by the County General Fund. Generally, the City receives a portion of 14J1�/4C�1a:1 30 r 3 m EXHIBIT 1 �p II hMSA COMULTW Aerial Photorap aA ssacu� THE ENCLAVE AT LA QUINTA,. LLC. Puwman . Crva w+m+®• 4n Snnernc PLAN OF SERVICES ia,.vmm !I/JII 3M.9811 . Pnx 116�1 3]31A9] � 6 FISCAL IMPACT ANALYSIS El CI i CITY OF LA QUIM'A the County's property tax share of the general (1 percent) tax levy. Revenues would be shifted to the City pursuant to the Master Property Tax Agreement (City Council Resolution 83-28). However, given that the Study Area is within the County RDA Project Area, the City will only receive an apportionment of the base year property tax until the Project Area dissolves in 20374. The City's property tax revenue from the 1986 base year value of the Project Area is estimated to be approximately $24,000, annually. Table 7a & 7b provide a Property Tax Comparison demonstrating the impact of the County RDA on the general share property tax revenue collected by the County and City within the Study Area. Property Transfer Tax The City revenue from Property Transfer Tax accumulates at a rate of $0.55 per $1,000 of assessed value. The assessed value of the sale of new developments and the resale of existing homes generates Property Transfer Tax revenue for the City. This analysis assumes a 50% absorption rate before buildout and an annual 5% turnover rate upon buildout. RSG estimates that the City will receive $52,000, in FY 2008-09. Table 8 summarizes the City's estimated annual Property Transfer Tax revenue. Sales Tax Although no commercial/retail businesses are proposed for development within the Study Area, the residents living within the Study Area will generate increased sales tax revenue within the City boundaries. Sales tax projections were derived on a per capita basis from taxable sales data produced by the California State Board of Equalization. RSG estimates that upon buildout, $2,000 in revenue will be generated within the City by residents residing in the Study Area. Table 9 summarizes the estimated annual Sales Tax revenue. Franchise Tax Franchise fees are generated through franchise agreements for services such as solid waste collection, utilities, and cable service. The City collects franchise fees citywide and it is assumed that the Study Area, upon annexation and development, would collect approximately $28,000 in revenue on a per capita basis from new residents. Fire Protection Property Tax Fire Protection Property Tax derives from the County Fire Department's share of the general (1 percent) tax levy. The Fire Department's 5% apportionment funds fire service within the unincorporated areas of the County. Upon annexation, the Fire Department's 5% apportionment will be transferred to the City. Upon buildout, the City would receive approximately $37,000. " When a redevelopment project area is adopted, the current assessed values of the properties within the project area are designated as the base year value. Any increases in property value, as assessed because of change of ownership or new construction, will increase tax revenue generated by the property. This increase in tax revenue is the tax increment that goes to the Redevelopment Agency. The City of La Quinta may collect tax revenues from the 1966 base year value of the Study Area until the RDA's authority to collect tax increment revenues for the Study Area expires in December, 2037. ROSENOW SPEVACEK GROUP INC. PAGE 8 i/ i 307 FISCAL IMPACT ANALYSIS CITY OF LA QUINTA Transient Occupancy Tax The City also imposes a Transient Occupancy Tax ("TOT") on hotel and motel charges and sales tax. This study does not include TOT because there are no visitor lodging businesses proposed for development within the Study Area and per capital data for the current residence of the City was not available. License and Permits The city collects various license and permit fees and are assumed to collect the same revenue on a per capita basis in the Study Area. Upon buildout, the City would receive approximately $2,700. Fees Development Impact Fees ("DIF") and Building Fees, in relation to the Study Area, are one-time fees generated upon initiation of the proposed development and a nominal amount of fees in the future which are not accounted for in this analysis. DIFs are established by City Council Resolution No. 2005-047 and Building Fees are outlined in the City's Building Development Fee Schedule. RSG estimates that the City would receive approximately $3.8 million in one-time development fees. Table 10 summarizes the development fees generated by the proposed development within the Study. Area. Revenue generated from the sale of maps and publications are assumed to be collected on a per capita basis. Lighting and Landscaping Under Resolution 2005-035, the City initiated the formation of Landscape and Lighting Assessment District 89-1. A citywide annual assessment for the construction, maintenance, and servicing of landscaping and lighting improvements is applied to all territory located within the city boundaries. Residential parcels are assessed at a rate of $35.60 per single family dwelling. RSG estimates that upon buildout and annexation, the City would receive an estimated $50,000 from the Study Area. Quimby Act Chapter 13.48 of the City's Municipal Code, establishes fees under the Quimby Act to fund park facilities. The code establishes a standard of 3.0 acres of parkland per 1,000 population. The Quimby Fee Parkland Dedication formula 1 guides the establishment of in -lieu payments for developments within the City. Revenues generated from these fees are estimated according to the City's established formula. This analysis assumes the payment of an in -lieu fee as opposed to land dedication on the part of the developer. RSG estimates that upon annexation and buildout, the City would receive $517,000. Table 11 summarizes the one-time fee generated by the proposed development. Fines Revenue from motor vehicle code fines, parking violations, and miscellaneous fines within the Study Area are assumed to generate revenue on a per capita basis. Upon buildout, the City would receive an estimated $5,500. ROSENOW SPEVACEK GROUP INC. PAGE 9 303 FISCAL IMPACT ANALYSIS CITY OF LA QUINTA Community Service Area 152 Community Service Area ("CSA") 152 funds street sweeping and storm drain cleaning within the Study Area and throughout the unincorporated areas of the County. Currently, the Study Area is undeveloped and there are no assessments (collected. However, upon construction of the proposed residential units, a Benefit Assessment Unit ("BAU") of $9.99 would be charged annually to each SFR. Upon annexation, the Study Area would remain part of CSA 152, and the City would receive this property tax revenue. RSG estimates that the City would collect approximately $4,700 a year upon buildout. Table 12 summarizes the revenue generated by CSA 152. Motor Vehicle License Fees Vehicle license Fee ("VLF") revenue is a subvention collected by the state and allocated to cities and counties based on a statutory formula. VLF revenues are an important component of the fiscal viability of annexations. Prior to 2004, state law required that a city whose population increased by virtue of annexing an area would receive additional VLF revenue to fund services to the area. With the VLF for Property Tax Swap of 2004, more than 90% of city VLF (and VLF backfill) revenue was replaced with property tax revenue. These changes severely reduced the amount of VLF revenue available to fund annexations. • Prior Law Under the law prior, the portion of VLF revenue available for distribution as general revenue to cities and counties was divided in half. One half was distributed to the cities on a per capita basis and the other half was distributed to the counties in a similar manner. • Current Law Under the new law, effective FY 2004-05, most of the VLF revenue allocated to cities and all of the revenue allocated to counties increases based on assessed value growth instead of population growth in a jurisdiction. Revenue is distributed as property tax in -lieu of VLF. A small portion of the VLF, approximately $5 per capita or about eight percent of the FY 2003-04 per capita amount, would remain allocated to cities based on population. This analysis is based on the assumption that additional population in the Study Area would generate a revenue increase of $4.77 based on the City's FY 2003-04 per capita VLF revenue apportionment. -At this time, the City General Fund would receive approximately, $6,600 upon annexation and buildout. Currently, legislative efforts are being pursued to restore the loss of revenues from the VLF subvention for annexations and new cities. Under AB 1602, Assemblyman John Laird, in partnership with the League of California Cities is drafting language and formulating a solution to re-establish population calculations and allocation procedures. Restoration of the VLF to 100 percent could provide the City General Fund with $82,000 upon buildout Table 13 summarizes the revenue generated from VLF under the old and new formula. ROSENOW SPEVACEK GROUP INC. PAGE 10 '-i/l. 309 FISCAL IMPACT ANALYSIS 11 CITY OF LA QUINTA Gas Tax Gas tax revenue is a subvention collected by the State and allocated to cities and counties based on statutory formulas. Pursuant to Sections 2105, 2106, 2107 and 2017.5 of the Streets and Highway Code, these revenues are apportioned to the City on a per capita basis, except for Section 2107.5 , which is determined by population thresholds. These funds can be employed by the City to underwrite road maintenance projects either in the annexed area, or elsewhere in the City. Gas tax estimates for the Study Area were generated on a per capita basis based on the City's fiscal year 2005-06 budget revenue. RSG estimates that upon annexation and buildout, $22,000 in revenues would be generated annually by the proposed development within the Study Area. Table 14 summarizes the estimated annual Gas Tax Fund revenues. If the City desires to pursue annexation of the Study Area, RSG cautions that the development of service -demanding residential uses will significantly curtail the ability of the City to meet service needs, and the City could be forced to consider a reduction of service in the Study Area, or an increase in taxes to support service costs. If the City proceeds with the annexation application, the City would need to do the following: (1) Amend the City's Sphere of Influence to include the proposed Study Area. (2) Enter into negotiations with the County Redevelopment Agency to obtain a portion of the Redevelopment Project Area tax increment revenue attributed to the Study Area. (3) Prepare a plan for services that assess current service providers, current City service levels and the City services to be extended. (4) Prepare and submit a fiscal impact analysis that assesses the annexation effects on both the City and the County. (5) Consider establishing an alternative funding program, such as a CFD and/or a one-time fee program to cover the financial gap of service costs. (6) Submit to LAFCO a reorganization application ROSENOW SPEVACEK GROUP INC. PAGE 11 Jt 310 FISCAL IMPACT ANALYSIS ® CITY OF LA QUINTA Exhibit 1: Community Facilities District Formation and Termination Procedures Exhibit 2: City Boundaries Including Study Area Exhibit 3: Municipal Service Plan Table 1: Projected On -Going General Fund Expenditures Table 2: Projected On -Going General Fund Revenues Table 3: County RDA Tax Increment Projections Table 4: City of La Quinta Service Population Table 5: Police Services Table 6: Fire Services Table 7a: Property Tax Projections - Study Area with County RDA Table 7b: Property Tax Projections - Study Area without County RDA Table 8: Property Transfer Tax Table 9: Sales Tax ® Table 10: One -Time Development Fees Table 11: Quimby Fee Table 12: Community Service Area 152 Table 13: Motor Vehicle License In -Lieu Fee Table 14: Gas Tax Fund E SPEVACEK GROUP INC. PAGE 12 '_b i 311 .« 1� r t«\ S S : . : " EXHIBIT 1 " ® Community Facilities District The Mello -Roos Community Facilities Act of 1982, otherwise known as the "Mello Roos Act, provides a mechanism by which certain public entities, such as cities, counties and special districts, joint powers entities and redevelopment agencies, can finance the construction and/or acquisition of facilities and the provision of certain services. The Mello -Roos Act authorizes such a public entity to form a Community Facilities District ( a "CFD or district" ), otherwise known as a Mello -Roos district. Once formed, the district can finance facilities and/or provide services. Upon approval by two-thirds vote of the registered voters or landowners within the district, the Community Facilities district may issue bonds secured by the levy of special taxes. The special taxes are not assessments, and there is no requirement that the special tax be apportioned on the basis of benefit to property. A district may finance the purchase, construction, expansion, improvement or rehabilitation of real or tangible property with an estimated useful life of five or more years, or planning and design work that is directly related thereto. The financed facilities do not need to be physically located within the district. The district can finance the purchase of facilities that are completed before the resolution of formation to establish the district is adopted. It can also finance the purchase of facilities that are completed after the adoption of the resolution of formation, so long as such facilities were constructed as If they were built under the supervision and direction, or under the authority of, the local agency creating the district. The prevailing wage law applies if the resolution of formation is adopted before the public improvement is completed. The ® Mello -Roos district may finance facilities to be owned or operated, or services to be provided, by an entity other than the entity that created 'the district, pursuant to a joint community facilities agreement or a joint exercise of powers agreement entered into pursuant to the Mello -Roos Act. The Mello -Roos district can be used to pay for the following types of facilities: • Local park, recreation, parkway and open -space facilities • Libraries • Child care facilities • Facilities which transmit water, natural gas pipeline facilities, telephone lines, electrical energy, cable television for customers that do not have those services or to mitigate visual blight. • Flood, storm protection, storm drainage systems and sandstorm protection. • Any other governmental facilities the legislative body creating the district is authorized by law to contribute revenue toward, construct own or operate. • Work required to bring public or private buildings r.rp to seismic safety laws. • Repair work required because of an earthquake. • Repair work required by soil deterioration. The Mello -Roos district can be used to pay for the following services: • Fire protection • Police protection • Recreation and library services ® • Maintenance of parks, parkways and open space �,,r 313 ® • Flood and storm protection services Removal or remedial action to clean up hazardous materials which may be released into the environment. The services that can be paid for from a district must be in addition to what is currently provided to the area in question. The City of La Quinta must adopt goals and policies concerning the use of the Mello Roos district. They must at least include the following: • A statement concerning the credit quality to be required of the bond issues, including criteria to be used in evaluating the credit quality. • A statement which states the steps and actions which will be taken to ensure that prospective property purchasers are fully informed about their taxpaying obligations under the Mello -Roos Act. • A statement of the priority that various kinds of facilities will have for financing through the use of the district, including public facilities to be owned and operated by other public agencies. • A statement concerning the criteria for evaluating the equity of tax allocation formulas, and the desirable and maximum amounts of special tax to be levied against any parcel. • A statement of the definitions, standards and assumptions to be used in appraisals required by the Mello -Roos Act. ® A Mello -Roos district may be initiated in any one of the following ways: • Initiative of the City • A written request of at least two (2) members of the La Quinta City Council containing the information required by the Mello -Roos Act. • A petition signed by the owners of not less than 10% of the area of land within the proposed district. • A petition signed by no less than 10% of the registered voters residing within the proposed district. Within 90 days, from the date the written request or petition is received, the City of La Quinta must adopt a Resolution of Intention to establish a district. This is to be done at a public hearing. After the Resolution of Intention is adopted, the City Council must direct each staff member responsible for providing one or more of the proposed facilities or services to file a report at or before the time of the hearing. If at the conclusion of the required public hearing a decision is made to form the district, then a Resolution of Formation is adopted by the City Council. The City is required to hold an election of the proposed district. If there are less than twelve (12) registered voters within the proposed district then the landowners vote, with one vote for each acre or portion of an acre owned. The election can be conducted by mail or delivery of the ballots by personal delivery to each voter. However in the case of The Enclave at La Quinta, by a unanimous consent of the; landowners within the district, the analysis and arguments normally required may be waived. 111 31� ® If at least two-thirds of the votes cast favor the formation of the district, the City Clerk will record a Notice of Special Tax Lien in the office of the County of Riverside County Recorder. If the City of La Quinta decides to terminate an existing Community Facilities District, the City would have to determine if there are any existing liens or outstanding bonds paid for by the District. If there are either liens and/or outstanding bonds, the City would have to decide how it will pay off these costs. Once that is done the City can issue a Notice of Termination Resolution to offset the Notice of Tax Lien. Registered voters or property owners within the District may propose changing the services, rate, or method of apportionment of an existing special tax. If 25 percent of the registered voters or property owners sign a petition to make: the changes to the CFD, the City would have to adopt a Resolution of Consideration within 40 days of a petition being filed. The proposed changes would go before all registered voters or property owners within the District. If a majority voted in favor of the proposed changes in services or an alteration to the existing special tax, the resolution would be: adopted.' 1 ® 'California Civil Code §53332, §53337, and §5338.5 " EXHIBIT 3 " ® Municipal Service Plan Exhibit 3: Service Current Provider Proposed Provider Level of Service General Government City Manager County of Riverside City of La Quinta Increase Legal County of Riverside City of La Quinta Increase Other' County of Riverside City of La Quinta Increase libraries County of Riverside County of Riverside No Change County of Riverside & Park & Recreation County of Riverside City of La Ouinta Increase Public Safety Animal Control County of Riverside City of La Quinta No Change Fire Services County of Riverside City of La Quinta No Change Emergency Medical Services County of Riverside City of La Quinta No Change Land Use Planning & Regulation County of Riverside City of La Quinta No Change Law Enforcement County of Riverside City of La Quinta Increase Traffic Control Calif. Hwy Patrol City of La Quinta Increase Public Works Administration County of Riverside City of La Quinta No Change Building & Safety' County of Riverside City of La Ouinta No Change Engineering & Roads County of Riverside City of La Quints No Change Flood Control ® Utilities County of Riverside County of Riverside No Change Electric & Gas County of Riverside City of La Quinta No Change Solid Waste Collection County of Riverside City of La Quinta No Change Solid Waste Disposal County of Riverside City of La Quinta No Change Telecommunications County of Riverside City of La Quinta No Change Water & Wastewater County of Riverside City of La Quinta No Change Other Coachella Valley Public Cemetery Coachella Valley Public Cemetery District Cemetery District No Change Transit County of Riverside City of La Quinta No Change ' Includes services such as clerk, facilities management, finance, human resources, inlonnation technology, legislative, and risk management ' Includes code enforcement Source: RSG 31 J -/& E 1L3A':.aa caa a s -a A. . :Ail: - S.. 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Ea |-W |!� k0 > 2!2!a 2 !£� ! Lo ) § \ �� \ \\ '-un 324, u u �J m� |] \ e!q `� 325 Branin Finance Public Finance Specialists 9 Camelian • Irvine, CA 9261A (949) 653-1466 • FAX (949) 653-1457 ajbranin@cox.net May 19, 2006 lfr. Thomas A. Noya Principal Bayshore Development Company LLC 5031 Birch Street, Suite 1 Newport Beach, CA 92660 RE: The Enclave of La Quinta Funding Gap Financial Analysis Dear Mr. Noya: 0 k. The Enclave at La Quinta, (the "Project") managed by Bayshore Development Company LLC, is a 157-acre, single-family residential project located on Monroe and Avenue 62 in the unincorporated area of the County of Riverside. At 3 dwelling units per acre, plans for construction include 474 homes on the site begirming January 2007, with an anti ci_pated_2-=rd---'- J-out. The average home size is 2,800 square feet on 5,500 to s, with an average sales price anticipated to be $700,000. The a gated, private residential community. At the City of La Quinta (the "City") is in the process of annexing the Pro, . September 2005, as part of the fiscal consideration of annexation, the City r, i Rosenow Spevacek Group Inc. (RSG) to prepare a Fiscal Impact Analysis to deter. ..e if sufficient City revenues were available to frilly support the Project once annexed. It was determined that a potential funding gap of $732 per household at build -out exists. One reason for the funding gap is because the Project is located within the Riverside County Desert Communities Redevelopment Project Area (RDA). The RDA was established in 1986, and as a result, 100% of the property tax increment (the property tax revenue derived from the increase in assessed values since: 1986) is administered by the RDA and used for redevelopment projects within the RDA boundaries. If the City were ,_bi, 3as to be successful in negotiating a pass-thru agreement for its share of RDA tax increment for the Project area, the funding gap would be reduced.' In the event that the City is not successful in its negotiations with the RDA of a pass-thru of the Project's share of tax increment, then the City can proceed with the formation of a CFD, and can use a combination of developer contribution and annual special tax levy on the property within the boundaries of the CFD. / After reviewing The Fiscal Impact Analysis prepared by RSG, Branin Finance has determined that the $347,239 funding gap at Project build -out, which would require a $733 special tax levy per household, increases annually by assumptions determined by RSG on behalf of the City.2 It is suggested that the City obtain an update and refinement of the assumptions made in RSG's Fiscal Impact Analysis before proceeding with any proposed CFD formation and levying of a Special Tax. A Combination of Cash Contribution and CFD Special Tax Levy The City can use a combination of a cash contribution and an annual CFD Special Tax levy to fund the gap. Bayshore Development could snake a cash contribution of approximately $10,000 per lot upfront to supplement the annual special tax levy. The cash contribution could be held in an account for five years and then be drawn down as needed to supplement the annual tax levy in order to maintain a maximum 2% increase in the tax levy in any given year over a 30-year period. The City would form a CFD and levy an annual special tax to pay for the net deficit funding gap, as shown in the attached "Combination Cash Contribution & Special Tax Initially the total annual special tax would be approximately $159,254 in 2007-08, or $336 per household ($28, per month), and $347,239 in at Project build -out, anticipated to be 2008-09, which amounts to $733 per household ($61 per month). The upfront cash contribution from Bayshore would begin supplementing the tax levy in 2012-13 and continue through the year 2036-37. It is recommended that if this option is chosen, the special tax should be levied using a maximum 2% annual increase as shown in the attached "Combination Cash Contribution & Special Tax Levy" worksheet, to better ensure ongoing acceptance by the homeowners. ' See Table 3, "County RDA Tax Increment Projections" for the Enclave Project area, prepared by RSG as part of its Fiscal Impact Analysis dated September 25, 2005. 2 One of the assumptions made by RSG includes revenues increasing annually at a rate of 2%, with expenditures increasing annually at a rate of 3%. The City may want to revisit this assumption. 2 ,_ju 327 If desired by Bayshore Development, Branin Finance can meet with the.City, RSG or NGKE to further discuss the options presented and the underlying assumptions made and used in this analysis. In the meantime, it is strongly suggested that Bayshore request that the City negotiate with the RDA on the Project's behalf to receive its share of tax increment for police and fire services. Sincerely, BRANIN FINANCE Jznnifer L. Branin Principal Attachments: (1) Combination Cash Contribution & Special Tax Levy worksheet (2) Expenditures worksheet 3,.Jf 328 - m N m N m M O N N N O N h N O M N M O M m (' 0 V M V (p Y m IT N O 0100 O O m (D m m h V r m n m m m m m M m CO 0 M M M M M M aA M M 1n M M M M M M M M M M M M M M M M M M M M mM m mrm m V 000 OD M)r m N*m 0MNr•N Cl) Or m, n M r O M V V V 0 m m m m (D 1' h h m m m m m 0 0 0 cq cq N N M M l: N N N C V NNNN N • M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M st}}m 10M V r MOO rNOmm V'O V m Nm0'QM NM Mm ONN CS) . 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E r(D0(D M(Or Oct Lq MNM r (0(OrM 00000(O V O r(O (D O co 0) O D(D0 U N � N N �- U O rr M V �-�-CO X r CoM U aDN r M O to O(nOmNr MM (ONMfDMCJ CDUM OOf CD co V' C)` 0:0 (D' M V t UU (D W r raD M M 000 N NM V tD(O(Or co 0) M W N N N N N N N CV N N N N N N E m W M (O E co a w M w w w w w w M w w M w w w w w w w M M M f9 w w w w w w w 40 0 U g s 0 0. C 3 W NM V U(Dr OD M(7 NM V (gMMM U (Or _ W w 0)0 CIM^U(Or co �-� MO NNNNNNNNNNM(?C7M > q E W .� C 4O�� O w&0 O O CJ m v(n 0 rh Co 0 CS N N N(7 N N v(n(o N N N t--o(n0 N N N M Cl) N(hV M M V)(O M CO O L Uq W O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O (V O N O N O N O N O N O N O N O (n W V (y V x W ma=Wa g 00- C ~— . - N M V U f O r a D M.- OWN M V U(Dr UMO N M V U(D r(DMO .Wq, N N N (V N N N N N N M O _Grp 339 ATTACHMENT 5 "Monroe East" Annexation Development Fiscal Analysis City of La Quinta Prepared for: La Quinta Motorcoach Resort, Inc. 2400 Crestmoor Road Suite 200 Nashville, TN 37215 615-274-8140 December 14, 2007 SRHA Job #1145 11661 San Vicente Blvd. Suite 306 SiTANLEY R. OFFMAN Los Angeles, California 90049-5111 A s s o c .. e s 310.820.2680, 310.820.8341-fax www.stanleyrhaffman.com -�� 331 CONTENTS TABLES................................................................................................... FIGURES.................................................................................................. .. CHAPTER1 INTRODUCTION.............................................................. ....................................................... I 1.1 Base Run Fiscal Impacts Summary ................................................................................ 1 1.2 Data Sources................................................................................................................... 2 1.3 Fiscal Impact Fee Calculations....................................................................................... 3 1.4 Report Overview............................................................................................................. 9 CHAPTER 2 PROJECT DESCRIPTION AT BUILD-OUT..........................................................................10 2.1 Project Location............................................................................................................ 10 2.2 Proposed Development................................................................................................. 10 2.3 Estimated Population and Employment........................................................................ 12 2.4 Assessed Valuation....................................................................................................... 15 CHAPTER 3 PHASED FISCAL ANALYSIS: RESIDENTIAL ANNEXA'TION............................................19 3.1 Preliminary Phasing...................................................................................................... 19 3.2 Fiscal Analysis of the Residential Annexation............................................................. 19 3.3 Net Present Value (NPV) Analysis of the Residential Annexation .............................. 24 CHAPTER 4 PHASED FISCAL ANALYSIS: MOTORCOACH RESORT ANNEXATION ..........................25 4.1 Preliminary Phasing...................................................................................................... 25 4.2 Fiscal Analysis of Motorcoach Resort Annexation...................................................... 26 4.3 Net Present Value (NPV) Analysis of the Motorcoach Resort Annexation ................. 30 CHAPTER 5 CITY OF LA QUINTA FISCAL ASSUMPTIONS...................................................................32 5.1 General Assumptions.................................................................................................... 32 5.2 Revenue Assumptions................................................................................................... 34 5.3 Cost Assumptions......................................................................................................... 37 APPENDIX A SUPPORTING TABLES.......................................................................................................40 APPENDIX B PERSONS AND AGENCIES CONTACTED.........................................................................48 14, City of La '-bti 332 1 l-A 1-B 1-C 2 3 2-1 2-2 2-3 2-4 2-5 2-6 TABLES Summary of Recurring Annual Fiscal Impacts at Build -Out: Base Run ................ Estimated Fiscal Impact Fees per Unit/Lot (@ 2.51 persons per unit) ................... Estimated Aggregate Fiscal Impact Fee Amount (@ 2.51 persons per unit) ......... Estimated Fiscal Impact Fees per Unit (@ $275 police cost per capita) ................ Estimated Fiscal Impact Fees per Unit: Combined Effect ...................................... Estimated Fiscal Impact Fees per Unit/Lot for Modified Phasing ......................... Proposed Land Uses at Build -Out .............. Estimated Development at Build -Out......... Estimated Valuation at Build -Out ............... Estimated Phased Valuation ....................... Estimated Motorcoach Lot Valuation......... List of Parcels and Valuation, TRA 58-085 3-1 Preliminary Phasing of Land Uses.................................................................................... 20 3-2 Projected Annual Recurring General Fund Cumulative Fiscal Impacts: Residential....... 21 4-1 Preliminary Phasing of Land Uses.................................................................................... 26 4-2 Projected Annual Recurring General Fund Cumulative Fiscal Impacts: Motorcoach ResortAnnexation............................................................................................................ 27 4-3 Analysis of Rental Income from Indio Motorcoach Country Club .................................. 31 5-1 Summary of Demographic and Economic Assumptions .................................................. 33 5-2 Summary of Recurring Revenue Factors.......................................................................... 35 5-3 Summary of Recurring Cost Factors................................................................................. 38 5-4 Summary of Net Costs...................................................................................................... 39 A-1 Current Tax Rate Area (TRA) Property Tax Allocations ................................................. 41 A-2 Estimated Property Tax in Lieu of Motor Vehicle License Fees: 210-Acre Annexation. 42 A-3 Inflation Factors for Residential Fiscal Analysis.............................................................. 43 A-4 Estimated Property Tax in Lieu of Motor Vehicle License Fees: Motorcoach................ 44 A-5 Inflation Factors for Residential Fiscal Analysis.............................................................. 45 A-6 General Fund Revenues, City of La Quinta: 2006-2007.................................................. 46 A-7 Estimated Fiscal Impact Fee Based on Property Tax Lost: 2008-2037 ............................ 47 2-1 Annexation Project Area .............. 14, FIGURES ii City of La `'� 333 CHAPTER 1 INTRODUCTION The proposed development is located in the "Monroe East" annexation area in unincorporated Riverside County near the City of La Quinta. The development is proposed for annexation to the City of La Quinta and is located on 210 acres in the area generally near Avenue 58 on the North and Avenue 60 to the South, and Monroe Street and Jackson Street: on the West and the East. The development summary is used to analyze the fiscal impacts from the proposed annexation into the City of La Quinta. The analysis is presented for development over a four-year phasing period as provided by the project proponent. The fiscal analysis in this report is presented for the following two scenarios: The Residential Annexation, and the Motorcoach Resort Annexation. The Residential Annexation includes a total of 265 units, of which 140 are single family units and 125 are multi family units. The Motorcoach Annexation includes an estimated 354 motorcoach lots. The Residential project includes an estimated total build -out population of 665. The average annual population for the motorcoach lots is estimated based on 2.00 persons per household at 35.0 percent occupancy, based on occupancy data from the Indio Motorcoach Resort. This results in an estimated annual seasonal population of 248 at build -out for the Motorcoach development. In addition to residential uses, there are about 304,920 square feet of neighborhood commercial uses with a projected employment of 610. 1.1 Base Run Fiscal Impacts Summary Recurring fiscal impacts are projected to the City of La Quinta upon annexation of the project area for the provision of municipal services such as police protection, fire protection, community services, public works maintenance and general government services. Recurring revenues and costs are projected to the City's General Fund. After annexation, Riverside County will continue to provide Countywide services which are provided to all residents of the County whether they live in cities or in unincorporated areas. The projected impacts to the County for provision of these Countywide services upon annexation are not projected as part of this analysis. Table 1 presents the annual recurring fiscal impacts at build -out in 2037 for the base fiscal analysis The major findings are summarized below: Stanley R. Hoffman Associates, Inc. Monroe East Annexation Fiscal Analysis December 14, 2007 1 City of La Quinta - i1- 33, 1. The Residential Annexation is projected as fiscally negative by 2037. The annual recurring General Fund fiscal impact is projected at a negative $1.02 million based on projected recurring revenues of $511,721 and annual recurring costs of $1.53 million. 2. The Motorcoach Annexation as a stand-alone project is projected as fiscally negative by 2037. The annual recurring General Fund fiscal impact is projected at a negative $142,896 based on projected recurring revenues of $427,227 and annual recurring costs of $570,123. 3. Since the neighborhood commercial development is assumed to pay its way, this land use has not been included in the fiscal analysis. Also, the RSG fiscal analysis for The Enclave was for residential development only. 1.2 Data Sources The fiscal analysis utilized the following sources: • The Rosenow Spevacek Group, Inc. (RSG) estimates of revenue and cost factors for the annexation area. • City of La Quinta, Fiscal Year 2007-2008 Budget. • Draft Plan for Services, Proposed "Monroe -East " Annexation to the City of La Quinta, Dudek, October 2006. • Persons per unit factor estimated by RSG and demographic information from the State of California, Department of Finance (DOF), City/County Population and Housing Estimates, January 1, 2007. • Project land uses from the project proponent. • Fiscal impacts are presented assuming full build -out of the proposed land uses over a four year period. • Cost and revenue factors are projected in inflated dollars based on factors provided by RSG over the 30 year period from 2008 through 2037. 14, 2007 2 City of La Quinta -�� 335 Table 1 Monroe East Annexation Fiscal Analysis City of La Quinta Summary of Recurring Annual Fiscal Impacts at Build -Out: Base Run (In Inflated Dollars) Residential Motoreoach Annual Recurring Revenues 1 $511,721 $427,227 Annual Recurring Costs $1,530.33"! 57$ 0.123 Annual Surplus or (deficit) ($1,018,615) ($142,896) Revenue/Cost Ratio 0.3:3 0.75 Net Present Value (NPV) per Unit($291188) ($2,188) 1. The NPV is calculated based on the projected revenues and costs increasing according to the infiaticn factors provided by RSG as shown in Table A-3 and Table A-5 in Appendix A. Sources: Stanley R Hoffman Associates, Inc 1.3 Fiscal Impact Fee Calculations Assumptions Table I A shows the estimated Fiscal Impact Fee which was computed using the RSG fiscal model assumptions for the 210 acre annexation area under two police cost per capita assumptions. The 210 acre annexation assemblage includes the following components: l) Residential component (265 units) 2) Motorcoach component (354 lots) Table 1 B shows the estimated aggregate deficit under the two police cost per capita assumptions. The two police cost per capita assumptions are as follows: 1) RSG police cost per capita of $275 (provided by Alexa Smittle, RSG); and 2) Police cost per capita of $248 ($10,183,852 police costs/41,092 population —based on 2007-08 City budget) In addition, the analysis is shown utilizing different persons per unit assumptions shown in Table 1C: 1) 2.51 persons per unit recommended by RSG that includes their estimate of seasonal population; and 2) 2.04 persons per unit based on the 2007 City estimate of permanent population from the California Department of Finance Stanley R. Hoffman Associates, Inc. Monroe East Annexation Fiscal Analysis December 14, 2007 3 City of La Wnta 1..J1 335 (the motorcoach persons per lot is estimated separately al: 2.0 persons per motorcoach lot at 35.0 percent occupancy.) Table 2 then reflects the potential variance in the amount of the Fiscal Impact Fee when considering the combined effect of changes to both the police cost per capita factors and the persons per unit factors. Table 3 presents the effects on the Fiscal Impact Fee of phasing the development from Years I through 4 (2008 through 2011) versus Years 3 through 6 (2010 through 2013) as the projects will likely not start for about two years given processing time for the annexation and the current housing market downturn. In considering an alternative means of projecting the long term fiscal impacts, the Fiscal Impact Fee is estimated based on Property Tax Lost from 2008-2037 under three housing value assumptions (Table A-7 in Appendix A). It should be noted that this alternative model can be used to compute the Fiscal Impact Fee at different dates, i.e., a starting date of 2010 versus 2008. The Fiscal Impact Fee is computed based on the following range of average housing values: 1) $500,000 2) $750,000 3) $1,000,000 Summary of Fiscal Impact Fee Analysis Table IA shows that the Fiscal Impact Fee for the Residential component is estimated to be $29,188 using the RSG assumptions of police cost per capita of $275 and the persons per unit factor of 2.51. Our fiscal impact model has been calibrated to the RSG estimated fee based on: 1) using their assumptions directly, wherever possible; 2) phasing the development over years 1 through 4 (i.e., 2008 through 2011); and 3) adjusting the average housing value of medium density housing to $608,029 with the single family average housing value at $750,000, similar to The Enclave. The fee of $29,188 per unit was established by RSG for The Enclave. When the estimated average police cost per capita of $248 is used (based on the City's 2007-08 budget), the Fiscal Impact Fee is estimated at $27,340, a difference of $1,848 per unit. In Table l B, the aggregate dollar amounts for the 265 units is shown as ranging, from $7.73 million down to about $7.25 million, a difference of $489,720. 14, City of La 0 '-6' 337 The same calculation for the Motorcoach project (Table I A) results in an estimated Fiscal Impact Fee per lot of $2,188 at RSG's $275 police cost per capita figure and $1,673 at the average police cost per capita of $248. This yields an estimated dollar amount for 354 lots as ranging from $774,550 down to $592,240, a difference of $182,310. Also, as shown in Table 1C, the difference between using the 2.51 persons per housing unit factor estimated by RSG versus the 2.04 persons per housing unit based on the City's current permanent population estimate is quite sizable, i.e., $7,759 ($29,188 versus $21,429). This yields a difference in the fee of about $2.06 million for the Residential component (the persons per lot for the Motorcoach project is calculated separately for their seasonal lots). The combined effect of these two factors is shown in Table 2. As before, the starting point is the RSG estimate of $29,188 as computed utilizing a police cost per capita of $275 and a persons per unit of 2.51. When the average police cost per capita is changed to $248 and a persons per unit factor of 2.04 is used, the model estimates a Fiscal Impact Fee of $19,927, a difference of $9,261. The combined dollar effect for 265 units is about $2.45 million. In Table 3, we have shown the fiscal effects of phasing the development over the first four years, i.e., 2008 through 2011 versus a phasing that starts two years later, i.e., 2010 through 2013. This analysis also holds the RSG assumptions at 2.51 persons per unit and $275 police cost per capita. The Fiscal Impact Fee is estimated to decline from $29,188 to $26,684, or a difference of $2,504 per unit ($1,252 on an annual basis). For 265 units, this would be an estimated dollar amount of $663,560. An Alternative Method for Calculating the Fiscal Impact Fee Finally, Table A-7 in Appendix A presents a methodology using a radically different approach than the RSG model. Under the assumption that the annexation area should conceptually be treated fiscally similar to the remainder of the City of La Quinta, -- except for the property tax lost to the General Fund during the period when the County's redevelopment agency is in effect -- then we have projected the amount of property tax lost over the period through 2037. It is submitted that the property tax lost from the City's General Fund to the County's Redevelopment Agency is a good indicator of the key fiscal difference between this development and existing development in the City. December 14, City of La �i, 338 Table 1A Estimated Fiscal Impact Fees per Unit/Lot (@ 2.51 persons per unit ) Police Cost Fee per Fee per Per Capita Residential Unit Motorcoach Loti $275 $29,188 $2,188 $248 $27,340 $1,673 Difference $1,848 $515 Table 1B Estimated Aggregate Fiscal Impact Fee Amount ( @ 2.51 persons per unit ) Police Cost Total Fee for Total fee for Per Capita 265 Residential Units 354 Motorcoach Lots $275 $7,734,820 $774,550 $248 $7,245,100 $592,240 Difference $489,720 $182,310 Table 1C Estimated Fiscal Impact Fees per Unit ( @ $275 police cost per capita ) Persons per Fee per Total Fee for Housing Unit Residential Unit 265 Residential Units @ 2.51 per unit $29,188 $7,734,820 @ 2.04 per unit $21,429 $5,678,690 Difference $7,759 $2,056,140 Source: Stanley R. Hoffman Associates, Inc. 14, C City of La 'li 339 Table 2 Estimated Fiscal Impact Fees per Unit: Combined Effect Police Cost Persons per Fee per Total Fee for Per Capita Housing Unit Residential Unit_ 265 Residential Units $275 @2.51 per unit $29,188 $7,734,820 $248 @ 2.51 per unit $27,340 $7,245,000 $275 @ 2.04 per unit $21,429 $5,678,690 $248 @ 2.04 per unit $19,927 $5,281,000 Difference: High to Low Estimated Fee $9,261 $2,464,000 1. This table shows the combined effect of the use of RSG police per capita cost of $275 versus the Citys average police cost per capita based on the 2007-0£I budget, combined with the effect of the use of RSG persons per unit estimate of 2.51 (which includes an estimate for seasonal population ) versus the Department of Finance based estimate of 2.04 year-round persons per unit. Source: Stanley R. Hoffman Associates, Inc. 14, Table 3 Estimated Fiscal Impact Fees per Unit/Lot for Modified Phasing ( @ 2.51 persons per unit and $275 police per capita cost Phasing Fee per Fee per Years Residential Unit Motorcoach Lot 2008through 2011 $29,188 $2,188 2010 through 2013 $26,684 $2,003 Difference $2,504 $185 ReductionNear $1,252 $93 Source: Stanley R. Hoffman Associates, Inc. I FA City of La i r 61. 3�� Similar to the assumptions in the RSG model for the projection, we have assumed a 3 percent increase in property tax and a 5.25 percent discount rate. The impact fees, using a "Property Tax Lost to Redevelopment Agency" methodology, range from: 1) $12,270 per unit ($500,000 housing value) 2) $18,410 per unit ($750,000 average value) 3) $24,550 ($1,000,000 average value) Recommendations While we have shown the fiscal analysis resulting in $29,188 per emit for the residential component as established by RSG, based on our understanding of fiscal methodology and the City's demographics, we feel that the 2.04 factor is the correct methodology (at the last City Council workshop, two council members also agreed with this approach) and have shown the implications of this approach. Essentially, as we have stated in an earlier memorandum, the cost per capita factors should either be calculated as: a) the General Fund costs over the permanent population and use 2.04 persons per unit; or b) The General Fund costs over the permanent population plus seasonal population and then use a factor of 2.51 persons per unit. The current method by RSG calculates the General Fund costs over the permanent population, but then applies 2.51 persons per unit factor to the new development. We feel that this is inconsistent with the methodology used to develop the fiscal factors and makes a sizable difference in the outcome of the Fiscal Impact Fee. As shown earlier, this assumption of 2.51 versus 2.04 yields an estimated reduction in the fee of $7,759 per unit ($29,188 versus $21,429), or about 27 percent. Also, we would request that the average police cost per capita be reexamined based on the City's current average police cost factor of $248 in order for the annexation area to be treated similarly to the remainder of the City. Complete documentation by RSG has not been provided at this time to verify their assumptions and we would also request complete documentation of their analysis and assumptions. This is particularly important since their analysis is being used to support a substantial Fiscal Impact Fee for new development within the annexation area. 14,'2007 8 City of La t.11A 341 In addition, we feel that the underlying premise by RSG that these trends would hold over 30 years of future growth in public revenues and costs is not consistent with existing historical revenue growth data in the City and normal public budgeting practices (by building in a structural deficit that continues after the RDA sunsets in 2037). While we understand that reconsideration of these issues may delay the process, we also feel that the impacts of these assumptions are too great to ignore either for their impact on Fiscal Impact Fees today or for the implications they raise about the future ability of either the annexation area or the existing City to pay its way in the future if a large structural deficit is built into the assumptions. The RSG methodology may very likely create a situation where the annexation area pays more for public services per capita, but still receives the existing City average level of services, thereby subsidizing public services in the remainder of the City. 1.4 Report Overview Chapter 1 provides an introduction to the Monroe East Annexation development and an overview of the fiscal impact analysis. Chapter 2 describes the land uses, population and assessed valuation for the proposed residential project and Motorcoach resort development at build -out. Chapter 3 presents the phased development and fiscal impacts of the residential project development, while Chapter 4 presents the phased development and fiscal impacts of the Motorcoach resort development. The general demographic and economic assumptions and fiscal factors are shown in Chapter 5. Appendix A contains the supporting tables for the analysis and Appendix B lists the persons and agencies contacted. Hoffman Associates, Inc. Monroe East Annexation Fiscal A 14, 2007 9 City of La ,.-61 342 CHAPTER 2 PROJECT DESCRIPTION AT BUILD -OUT 2.1 Project Location The proposed development is located in the "Monroe East' annexation area in unincorporated Riverside County within the Thermal Redevelopment Area near the City of La Quinta. The development is proposed for annexation into the City of La Quinta and is located between Avenue 58 on the North and Avenue 60 to the South and Monroe Street on the West and Jackson Street on the East. The project area is shown in Figure 2-1. The parcels art: marked A through F on the map for identification. 2.2 Proposed Development The proposed land uses are presented in Table 2-1. As shown, the annexation area comprises Residential, Motorcoach and Neighborhood Commercial uses, encompassing a total of 210 acres. The development is presented in three panels, which corresponds to the fiscal analysis for the Residential Annexation, and the analysis for the Motorcoach Resort Annexation. The Commercial annexation is assumed to pay its way. Therefore, no fiscal analysis has been done on that portion of the project. As shown, there are an estimated 265 single-family and multi -family units proposed for the Residential Annexation at build -out. There are an estimated 354 Motorcoach lots proposed for the Motorcoach Resort Annexation. About 304,920 square feet of neighborhood commercial uses are estimated on 35 acres. Residential Annexation: Parcels A, B, C Single-family residential uses are distributed over two parcels marked A and B in Figure 1. These parcels add up to a total of 70 acres and 140 units at 2.0 dwelling units per acre. Medium density residential is assumed for parcel C, on a total of 25 acres and resulting in a total of 125 units at 5.0 dwelling units per acre. Motorcoach Annexation (Seasonal): Parcel D The Motorcoach Resort Annexation is shown on parcel D for a total of 80 acres and 354 units. The Motorcoach Resort concept is fairly new in the United States. The project is designed as a long-term destination resort for high -end recreational vehicle users. The proposed resort includes an 18-hole, 3 par executive golf course, a clubhouse, large lake features, two tennis courts and a community 14, 2007 10 City of La Quinta ,� i 30 3 Figure 2-1 Avenue 58 Annexation Fiscal Analysis City of La Quinta Annexation Project Area �f Avenue'56 " E m E B a F� C. , w , gon•, Avenue 60 r Avenue 61 Legend LDR-Low Density Residential MHOR-Medium High Density Residential MDR -Medium Density Residential LDR-Low Density Residential in Law Density NC -Neighborhood Commercial Proposed -Resort Mixed Use Speck Plan Overlay AgncuhuretEguestdan Residential Special District ---- Jurisdictional Boundary —^— Annexation Properties Monroe -East Annexation La Quinta General Plan Map .•®� 141-2007 l l city of La Quinta' r _0. 344 Table 2.1 Monroe East Annexation Fiscal Analysis City of La Quinta Proposed Land Uses at Build -Out Map Permanent Seasonal Personsper Retail Scl Land Use Label Acres Density Units Units Unit/Lot Ft. A. Residential Annexation Single -Family 2.51 Remainder South Parcel A 40.0 2.0 80 North Parcel 8 300 2_0 60 700 140 Medium Density c 25.0 5.0 125 2.51 S. Motorcoach Annexation (Seasonal) Motorcoach, D 800 n/a 354 200 C. Commercial Annexation Neighborhood Commercial E 100 020 87.120 F 2550 020 217,800 350 304,920 Total 210.0 265 354 304,920 1 The calculation uses units par acre for residential development and floor area ratio (FAR( for non-residential development. 2 Assumes 2 persons per motorcoach unit, at an average stay of 35% of the year based on data proeded by Me Indio Motorcoach Resort project Source. Stanley R Hoffman Associates, Inc pool and a fitness gym. The resort also includes optional guest caritas and other amenities. It is estimated that on average, members stay about 35.0 percent of the year based on data from a similar motorcoach project in Indio. Commercial Annexation: Parcels E and F Potential neighborhood commercial uses are distributed over parcel E (10.0 acres) and parcel F (25.0 acres) for a total of 35.0 acres. This results in a total of 304,920 square feet at a floor -area ratio (FAR) of 0.20. The commercial development is not included in the fiscal analysis, since it is assumed that it will pay its way by the generation of sales tax to the City's General Fund. 2.3 Estimated Population and Employment Population and employment generated from the residential and neighborhood commercial uses proposed for the annexation parcels are discussed below and summarized in Table 2-2. Stanley R. Hoffman Associates, Inc. Monroe East Annexation Fiscal Analysis December 14, 2007 12 City of La Quinta 345 Residential Population As shown in Table 2-2, the permanent residential component of the annexation parcels generates a total residential population of 665 from 265 units. This is based on an average persons per unit estimate of 2.51 for both single family and multi -family units as developed by RSG to reflect both permanent and seasonal population. The estimate of 2.51 has been applied to both single-family and medium density units because the estimate developed by RSG was based on total population and total units in the City in addition to seasonal population which was also a citywide estimate and not specific to any housing unit type. Single-family residential units (140) generate an estimated total population of 351 at 2.51 persons per unit. Medium density residential units (125) generate an estimated population of 314 at 2.51 persons per unit. A fiscal run based on 2.04 persons per unit is also presented in the analysis based on the January 1, 2007 estimate from the California Department of Finance. Seasonal Population The Motorcoach Resort Annexation (parcel D) is estimated to generate a population of 248 at an average of 2.0 persons per Motorcoach lot (assuming 2.0 persons per Motorcoach lot with a stay on average of 35 percent of the year based on information from the Indio Motorcoach Resorts). The reduced persons per housing unit factor reflects seasonal occupancy typical for resort, recreation and tourism -related accommodations. Stanley R. Hoffman Associates, Inc. Momoe Fast Annexation Fiscal Analysis December 14, 2007 13 City of La (juinta ``,' 345 Table 2.2 Monroe East Annexation Fiscal Analysis City of La Quinta Estimated Development at Build -Out Estimated Development Factor Units I Totals A. Residential Annexation Population Single -Family 2.51 Persons per unit 140 351 Medium Density 251 Persons per unit 125 314 Total 265 665 Estimated Residential Valuation Assessed Value Single Family $750,000 Median Price 140 $105,000.000 Medium Densiw $608,029 Median Price 125 76,003,625 Total Valuation $181,003,625 B. Motorcoach Annexation (Seasonal) 2.00 Persons per lot 354 Population 248 Motorcoach Units Estimated Seasonal Population' 35.0 % Average Length of stay as % at year Total Estimated Motorcoach Valuation Assessed Value Motorcoach Units' $413,000 Average Estimated Price 354 $146,202,000 Notes: 1 Population is estimated at an average length of stay at 35 % of the year based on data from the Indio Motorcoach Resort Project. 2. The valuation for single family units is based on RSG's estimated value for the Enclave Project: the medium density valuation has been calibrated to yield the impact fee of $29,188, as established by RSG. 3. Average lot value for a motorcoach unit provided by the developer. Source: Stanley R. Hoffman Associates. Inc December 14, 14 City of La (. _347 2.4 Assessed Valuation As shown in Table 2-2, the total new valuation for the Residential Annexation is estimated at $181.00 million at build -out, while the new valuation for the Motorcoach Resort Annexation is estimated at $146.20 million. Valuation for the single-family and medium density units is estimated based on $750,000 per unit for single family residential units as used by RSG in their fiscal analysis of The Enclave and $608,029 for multi -family units as calibrated to yield the base Fiscal Impact Fee per unit of $29,188 as estimated by RSG in their fiscal analysis of The Enclave. Table 2-3 shows the net valuation. The estimated new valuation less the existing valuation results in an estimated total net valuation of $172.31 million for the residential project and $135.19 million for the Motorcoach lots. Commercial valuation is shown but is not included in the fiscal analysis. The phased valuation is shown in Table 2-4. As shown in Table 2-5, the average valuation per Motorcoach lot is estimated at $413,000. This is based on an average lot sale price of $288,000 and average lot enhancements of $125,000. This valuation forms the basis for real property value on which to base property tax (after the redevelopment agency expires) and property tax related revenue, such as property tax in lieu of motor vehicle license fees. A list of the parcels comprising the annexation area is shown in Table 2-6. The parcels are listed by the Assessors Parcel Number (APN) and grouped by development areas. The existing valuation for the parcels is also shown. December 14, 15 City of La 348 New Valuation Less Existing Valuation Total Net Table 2.3 Monroe East Annexation Fiscal Analysis City of La Quints Estimated Valuation at Build -Out (In Constant 2007 Dollars) Residential Motorcoach I Commercial $181 $172,305,1 Source: Stanley R.Hoffman Associates, Inc. Riverside County Assessor, 2005-2006 Tax Year. $11,016,000 $135,186,00( Table 2.4 Monroe East Annexation Fiscal Analysis City of La Quinta Estimated Phased Valuation+ (In Constant 2007 Dollars) $45,738,000 466 741 $45, 271,259 I. Residential Planning Area Neighborhood/District 1 2 1 3 1 4 1TOTAL Single Family $26,250,000 $26,250,000 $26,250,000 $26,250,000 $105,000,000 A Remainder South Parcel $15,000,000 $15,000,000 $15,000,000 $15,000,000 $60,000,000 B North Parcel $11,250,000 $11,250,000 $11,250,000 $11,250,000 $45,000,000 C Medium Density $19,456,928 $19,456,928 18 84, 8,899 $10,240,870 $76,003,625 TOTAL $45,706,928 $45,706.928 $45,098,899 $44,490,870 $181,003,625 II. Motorcoach D Motorcoach Lots III. Non -Residential Neighborhood Commercial E 10-Acre site F 25-Acre site TOTAL $36,757,000 $36,757,000 $36,344,000 $36,344,000 $146,202,000 $0 $13,068,000 $0 $0 $13,068,000 Lo Lo 1'0 $32,670,000 $32,670,000 $0 $13,068,000 $0 $32,670,000 $45,738,000 1. The new valuation as shown above, does not include the subtraction of the existing valuation in the base year, which is shown in Table 2-3. Source: Stanley R. Hoffman Associates, Inc. December 14, 16 City of La -� 349 Lot Enhancements TOTALILOT Table 2-5 Monroe East Annexation Fiscal Analysis City of La Quints Estimated Motorcoach Lot Valuation (In Constant 2007 Dollars) 100 000 $362,000 150 000 $125,000 $464,000 $413,000 L— Total Valuation I Lots I AW. Value I Total I Lot Enhancements TOTAL VALUATION Average value of motorcoach unit' 354 354 125 000 $44,250,000 $413,000 $146,202,000 $750,000 1. In addition to the lot improvement value, the average value of the motorcoach is $750,000, according to the project proponent. This valuation is not included as real property value. Source: Stanley R. Hoffman Associates, Inc. 14, 17 City of La -U� 359 Table 2.6 Monroe East Annexation Fiscal Analysis City of La Quinta List of Parcels and Valuation, TRA 58-085 (In Constant 2007 Dollars) Assessor I Assessed Commercial Use 764220001-4 $0 764220002-5 14,148 764220005-8' 151,752 764230001-5 142,716 764230002-6 158,_125 $466,741 Residential Use 764220003-6 4,341 764220004-7 79,135 764220005-8' 227,628 764220006-9 178,768 764220007-0 317 764220008-1 22,409 764220009-2 56,389 764220010-2 21,246 764220011-3 34,856 764220012-4 8,524 764220013-5 11,100 764220014E 2,873 764220015-7 14,262 764220016-8 42,567 764220017-9 17,834 764220018-0 10,930 764220019-1 10,834 764220020-1 14,501 764220021-2 1,764 764220022-3 6,590 764220023-4 2,994 764220024-5 1,108 764220025E 9,367 764220026-7 9,135 764220027-8 54,918 764220028-9 3,625,998 764230003-7 128,139 764230004-8 115,917 764230005-9 3,718,002 764240001E 194,494 764240006-1 71.526 $8,698,466 Motomoach 764290003-3 $11,016,000 1 The total valuation of this parcel, $379,380, is allocated 40% to commercial and 60% to residential. Source: Stanley R. Hoffman Associates, Inc. Stanley R. Hoffman Associates, Inc. Monroe East Annexation Fiscal Analysis December 14, 2007 18 City of La Quintaa `,` 351 CHAPTER 3 PHASED FISCAL ANALYSIS: RESIDENTIAL. ANNEXATION This chapter presents an analysis of the projected fiscal impacts of the Residential Annexation portion of the Monroe East annexation to the City of La Quinta. This is the base nm fiscal analysis for the residential development phased over the first four years of development, and focuses on the recurring revenues and costs that impact the City of La Quinta General Fund. The base run fiscal analysis utilizes the assumptions provided by RSG, including a police cost per capita of $275 and 2.51 persons per unit, that includes an estimate of seasonal population. Projections are presented in inflated dollars over a 30-year period. The fiscal assumptions for the analysis are presented in Chapter 5. 3.1 Preliminary Phasing Table 3-1 presents the preliminary phasing of land uses. For this analysis, the development is phased over a four-year period based on discussion with the developer. The Motorcoach and Commercial uses are also shown in this table. However, they are not included in the Residential analysis. 3.2 Fiscal Analysis of the Residential Annexation Table 3-2, Parts 1 through 3, presents the net annual recurring cumulative fiscal impacts in inflation adjusted dollars for the estimated development in the annexation area over a projected 30-year period. As shown, the annual recurring cumulative General Fund fiscal impact in Year 30 is projected at a negative $1.02 million based on projected recurring revenues of $511,721 and annual recurring costs of $1.53 million. This represents a revenue/cost ratio of 0.33. As shown in Table 3-2, there are no property taxes projected for the City's General Fund. The project site is currently within a County Redevelopment area and would retain this status when it is annexed to the City until 2037. Therefore, property tax increment would be generated to the Riverside County Redevelopment Agency instead of the City's General Fund. Since property tax increment revenues are projected to flow to the County of Riverside Redevelopment Agency until 2037, the cumulative fiscal impacts are projected to be negative over the entire 30-year period. 14, 19 City of La .. 352 Table 3.1 Monroe East Annexation Fiscal Analysis City of La Quinta Preliminary Phasing of Land Uses; 1. Residential 1 2 3 4 TOTAL Map Label Land Use Single Family 35 35 35 35 140 A Remainder South Parcel 20 20 20 20 80 B North Parcel 15 15 15 15 60 C Medium Density 32 32 31 30 125 TOTAL UNITS 67 67 66 65 265 It. Motorcoach D Motorcoach Lots 89 89 88 88 354 Ill. Non -Residential Neighborhood Commercial E 10-Acre site 87.120 87,120 F 25-Acre site 217,800 217,800 TOTAL SQUARE FEET 0 87,120 0 217,800 304,920 Source: Stanley R. Hoffman Associates, Inc. The project area is within tax rate area (TRA) 058085. The current property tax allocations for the TRA are shown in Table A-1 of Appendix A. The detailed calculation and estimates for property tax in lieu of motor vehicle license fees are shown in Table A-2 of Appendix A and the inflation factors are shown in Table A-3 of Appendix A. Sales tax is estimated to be generated at other City retail establishments as a result of purchases by the new households as estimated by RSG. Stanley R Hoffman Associates, Inc. Monroe Fast Annexation Fiscal Analysis December 14, 2007 20 City of La Quinta ,-J 353 OONN M(p O W �-yy NO gg NNANO)NM W NNN_�Ie- ^ en�ln mm3� d obi afbi .�mi�l'iS�m �nJ$ go tO nn `Xi fAl f)� Fi Aoa WW o' 0r'uNi nIW.I M1111A ai N N N M r pO N t�{ p N O W O N r pm •- 1_"1 O l7 0 l'l Q O r� YMi N O O tp N !) p M p II b O A M d d m M O b A LO N W N N�6 t7 0'1 b ts H b 1` M r b "j O O OaOa M A O W O N O O N N f0 A pN, p W l A O b O N N W W N N N O O O b N N O V � N Mp O AA n ry J y b N N O M N O p W t7 N N A b A d N M A ^ O Q LL W b N N OI WN ' A N d N N a 8 x Ua O W N A O A O O A d O O M M W b f b O N W Q W y ^ A a Z c W N b N N N N^ A ry d N N N Y i O V 0 Q Pi m M b LL JQ0c q N N OY bd N Am N W d I0 (OOb YI 'b 'b Nfp dZZ} Q F F t1 W WCi N W W N N A O N N M d N 10 A fp (O O lV M W"I d W 2 Y N N z K Z C9 pp r2 U NNW WW^ NMQ WNY1 mN' bCN «„ b tl Oct b N fui NW Z 11 11 11 II W w L) _ m O LL y O O m w E U ry Q O Q a b m N E Q N JS 0 K �LC��Kp Y c rn Dr` L' 0a NO ly tiFf Fa �r8 0ei ai 2 a '� E39 ii32 5 d aaaa mrnrl�Q��at7 c9ai�wac�mmt»rc d` a bc� Stanley R. Hoffman Associates, Inc. Monroe East Annexation Fiscal Analysis December 14, 2007 21 City of La Quinta �kj ; 354 14, 22 City of La 35) OOmO {NANO N$ nNO p�11N Nm $ A�'�ppn N�pp�pp m:9r A N M F q m O C1 !I m N N Y NN N Y M J Q g N W } N » K t/j p yy 11�� m 111(((ryryry rm Nn m Ynr 1 JIN p F r 6m Nm v ad 19 4�1O $1 rm `O n ��w 'mrl � N V m m N O m O CI � P Cl m yl O p Y N m » Q LL Y Z W Q ONO mN1�N O yy O� NO Y N� Oryr ��m�N ^ q yy J F o� a Ym �lr mmrmmaiv�m`a�Nn N fvmi u. Z W IL Z <..i OGi NON W b mNm t7$1 �(O$m SXg n » $N N F QQ O « xrlO PCOIO of mo'N 'a ei vi a n�$"In �.'-mad ry j� W LL LL c Oy[� J r C m= } Q Q r� C p y O Nl YC� N O yy $ N y N 01 N b m PNf r q� m N O N fl $$ O N m n � b m m N N m O m N• JI Y G O F 5 w LU ei LU p pp m S O = m yy� Z 1' `s oaY O » LU K p pq m N aa m r O N pmI N A Y lq7 m N m � m� (0qI Nm O h N O O O O R m m mm Qm m C'1 CIO N f0 0 Cl Y lr+l C) m �Y S N Oa ' N N N O r O UUUNNN y YI m Z y N Z Q Q �ggqj 11 11 II 11 q W W Y G F W b LL m E Y V_ a m 8Q QQ E r- ` � 8 �g m E 0 g6g fr a 8 s �LL a`$ ffi ffi 2 c N N CI p a S m = m o Z a e L 3 14 8 E 3 5 LL 2 Ce q$ Y C W Stanley R Hoffman Associates, Inc. Monroe East Annexation Fiscal A December 14, 2007 23 City of La G 35S 3.3 Net Present Value (NPV) Analysis of the Residential Annexation According to the City's current fiscal approach, both revenues and costs are increased by inflation factors based on assumptions prepared by the Rosenow Spevacek Group, Inc. (RSG) for the City of La Quinta. After this stream of fiscal impacts is projected over 30 years, the Net Present Value (NPV) computation of the cumulative deficit for the assemblage is calculated using a discount rate of 5.25 percent. This is the discount rate that has been established by RSG for fiscal analysis of the annexation area. Using this approach, the estimated NPV is a negative $7,734,820. On a per unit basis (spread over 265 units, not including the Motorcoach lots or the commercial acreage), the estimated NPV computation of the cumulative deficit of this projected flow of revenues and costs is a negative $29,188. This means that if the City were to invest this lump sum payment per unit for the total units at 5.25 percent, this would return the revenue needed annually to balance the projected annual fiscal deficit. __ 14, 2007 2007 24 City of La Quinta '-Li 357, CHAPTER 4 PHASED FISCAL ANALYSIS: MOTORCOACH RE:5ORT ANNEXATION This chapter presents an analysis of the projected fiscal impacts of the Motorcoach Resort Annexation to the City of La Quinta. This analysis focuses on the recurring revenues and costs that impact the City of La Quinta's General Fund if the Motorcoach Resort was developed as a stand- alone project. Projections are presented in inflated dollars. The fiscal assumptions for the analysis are presented in Chapter 5. The Motorcoach Resort Annexation is expected to have less fiscal impact on public services than a typical single-family or multi -family residential unit. This is because the community will be gated and provide on -site amenities that will be privately maintained. Also, the population and their Motorcoach units will not be there for much of the year. Additionally, the Motorcoach units have on -board water and toiletry facilities and are estimated to use an average of 50 gallons of water per day which is much less than 300-350 gallons per day estimated for a typical single-family unit. The interior roads, water and sewer lines and landscaping will also be privately maintained. Additionally, because the typical Motorcoach Resort users consist primarily of middle to older age upper class adults who are either retired or semi -retired, they do not contribute to increased traffic during the peak work hour commute, and they generally only have one vehicle to use for local trips. They will also have relatively few, if any, children, so that school and community service impacts will be minimal. Because of their seasonal nature they are estimated to spend sizable retail dollars in the community as well as draw visitors who will pay transient occupancy taxes for site rentals. 4.1 Preliminary Phasing Table 4-1 presents the preliminary phasing of Motorcoach Resort uses. For this analysis, the development is phased over a four-year period based on discussion with the developer. As shown in Table 4-1, a total of 354 lots are developed. The other residential and non-residential land uses are shown just for information, and are excluded from the analysis of the Motorcoach Resort Annexation. The detailed calculations and estimates for property tax in lieu of motor vehicle license fees are shown in Table A-4 and the inflation factors are shown in Table A-5 of Appendix A. December 14, 2007 25 City of La Quinta `� 358 Table 4.1 Monroe East Annexation Fiscal Analysis City of La Quinta Preliminary Phasing of Land Uses 1. Residential 11 2 3 4 _ TOTAL Map Label Land Use Single Family 35 35 35 35 140 A Remainder South Parcel 20 20 20 20 80 B North Parcel 15 15 15 15 60 C Medium Density 32 32 31 30 125 TOTAL UNITS 67 67 66 65 265 It. Motorcoach D Motorcoach Lots 89 89 88 88 354 III. Non -Residential Neighborhood Commercial E 10-Ave site 87,120 87,120 F 25-Acre site 217,800 217,800 TOTAL SQUARE FEET 0 87,120 0 217,800 304,920 Source: Stanley R. Hoffman Associates, Inc. 4.2 Fiscal Analysis of Motorcoach Resort Annexation Table 4-2 presents the net annual recurring fiscal impacts of the estimated development for the Motorcoach Resort Annexation, alone. As shown, Table 4-2, Parts 1 through 3, presents the net annual recurring cumulative fiscal impacts in inflation adjusted dollars for the Motorcoach Resort development in the annexation area over a projected 30-year period. As shown, the annual recurring cumulative General Fund fiscal impact in Year 30 is projected at a negative $142,896 based on projected recurring revenues of $427,227 and annual recurring costs of $570,123. This represents a revenue/cost ratio of 0.75. While the impact shows a recurring deficit, the results are not as negative as the Residential Annexation. The major reasons for this are: 1) transient occupancy tax (TOT) from rental of a portion of the Motorcoach lots; and 2) lower public service cost requirements at an assumed average stay of 35 percent of the year per Motorcoach lot based on data from the Indio Motorcoach Resort. 14, E City of La ,-;J359 H A w `�oo.m9ia�am�mmt.n n8�mnmm$1`n n a Q m�Im�mmm n M mNCN,��1ClN W 00.-1N N m K W w 1 p yy� m pp1 mm 1ppl� 1� m ^ (q p w O m !O r N Y Y1 W N O vJ W N 0 O lV Y Yl n r O fl m ^ O Q Y m lh � t0 W � Y M p< COI � O CI IV W a) O rym N W N K H _ W rnoNocmlg ogiro �o.-n�t`a,� �ddil pv rv� nm m N m m o rx' e U w w Q r O O m�nN�mm �m W Tilm �+�0 ogtyNm�a o o OY n 8 m W m tTw. H m n N m W W---777777 I,. U N O m N Y m A N N O m n N Y C) m J ~ yy yy p � Y 6 ca w Y h N W t0 m Y S tm.1 Y (nV N N r 0 W ry yw Q J yy m y m to M E ZU N y N p' b W N N N N CWl O COI P N N a1 1� 1� 0 n �I ry m n N O _ m t0 mm n N O m m N 'Ygl N tm� N W O m N N O Q. Z 1 /�Y OGi Lp • w 19 N 4 QX w jyt LL m .ioat`o m'o Wymm eNcconw �atmnN oNs C�nN JZ O c� C N V m 0 tr Oj CI m �! ryJI pw M m W P jig G m NN l7 m tvom tMN170 �(I N_ tOic S w oil`�m�a�t`V_o�'maoa`�i emi_ on�anm��mN x Y.' W O Q N N w K K 8 N 2 W mm p Z O m O O m WpWp 88 mO m$ m O rnp rrW Cmml pmp m t� N QI O1 N q ' b� m yl w N 000OIN b NO mN� m S� O N Y N am Z G Y_G 11 II II II V � t naj K m`ca m E s� o _ o a3 �� lg fi5 9 EE1} a°LU LU a a a m@ E 6 5 E Stanley R Hoffman Associates, Inc. Monroe East Annexation Fiscal Am December 14, 2007 27 City of La Q '_b( 369 ƒ ;:F®e7#2 #&«®#rw#,4 3•!!(}°§! ;;, (¥###k#» #e�§# ##;#■!;##& �_ ! 2®•`§�~;_; ,m| f ,k i) !||l=;f ) a MA-11 �§.• . k! r ,l;f . ; \'I\$Ikkkk\ �kk |ki7w Ow k$| k |i £f_�k_,r mae�l�_+g� 777 > c 7ev `» 361 P r i0 {11 NN M Z N O W mm 0 N N y O N N a n O 1 OQ� m N m N N N tO m N CI N y n b b pN m r N r O O r O N tl q A O m p CI N n l'] •q f O O GI O m N'^ .- N PI p m^ N N b P m p g aN A ar Y yN N KN X 7 W z Z O O m p m b r O mp N O tl m r I(1 m m m lV m N pm N N m N r np m y N, p q n N 8 p m O V 1O b m 0yy1 m m n n tl r mY O i ` of Lu pp 1pp n _ N O r ` U K O F «ommamnrXi 'm $o a��ooNNvi I hla �$�gammmen a'].ni_ `,.3 r � m m N i S N po my r y� m ym� y Np 1(ryry Q Q :n Vi W t' IL)` H y Q� OtlONnm�hmN<OOuJb yp qy ym 9ry d�nN�N^Obr r]b y a W Z 11 z 7 W mnNO nN t oQd>o O Ij� ~J N WN Q~Q LL J «Qo$m �Mad.� $�m�nln m�in��am�r« ebi_ P n a mZ 0 C nm,No�N N dd , 1NN�bmN mNNNNNN c N .Ni Q QFO uz W U. yp ypyp, mmssyy mOYm nlV<NN 044 p,NI�pp yy mNN NOpOmY � O_ O � J � nmmcNio� _ry Pn wnu'Nm awN �` � s tl N O LU ; c i z LU V yV yy N N m N N O N t? N Y p �p {rry m V m m my n r Y t") N N N O m Nl N b� Zn 0 m N ^ N N y emit Y O N O r N^ A Y YI N Onl N q LU m Ti u �N m a I( I(E r S c C E ffig c va `o =m LL'LL tY i �r ? o �cE'g�gs6 $a E g E ILLL �O Z � rr bp � � � � 35 E E � � c • ° � u b o EF � a' c i 9 � E gffi v G5G cE @' d 6 LL6 LLNmH LL Q� �a(J [:LL LL W CUNOU J6' Q R NU Stanley R. Hoffman Associates, Inc. Monroe East Annexation Fiscal Analysis December 14, 2007 29 City of La Quinta �� 362 Also, in discussion with the developer, it was assumed that the rental income would be for a period of less than 30 days and thus taxable by the City. This would be made a condition of the rental agreement and if the stay was longer than 30 days, the visitors would have to re -register. As shown in Table 4-3, the estimated rental income to the City of La Quinta — at a 10 percent transient occupancy tax — is estimated at about $1,526 per lot annually. This is based on data from the Indio Motorcoach Resort and is factored up to reflect the current minimum rental rate of $70.70 per lot per day in Indio. The developer has also offered to guarantee TOT revenues of $100,000 the first year, $75,000 the second year and $50,000 the third year. By the fourth year, the steady state TOT revenues are expected to be $54,003 in constant 2007 dollars. Also, as mentioned above, the rental receipts are based on total rental income since it is assumed that any visitor staying beyond 30 days will have to re -register. 4.3 Net Present Value (NPV) Analysis of the Motorcoach Resort Annexation According to the City's current fiscal approach, both revenues and costs are increased by inflation factors based on assumptions prepared by RSG for the City of La Quinta. After this stream of fiscal impacts is projected over 30 years, the Net Present Value (NPV) computation of the cumulative deficit for the assemblage is calculated using a discount rate of 5.25 percent. This is the discount rate established by RSG for use in the fiscal analysis of the annexation area. Using this approach, the estimated NPV is a negative $774,436. On a per unit basis (spread over 354 motorcoach lots), the estimated NPV computation of the cumulative deficit of this projected flow of revenues and costs is a negative $2,188. This means that if the City were to invest this lump sum payment per lot for the total lots at 5.25 percent, this would return the annual revenue needed to balance the projected annual fiscal deficit. 14, 2007 30 City of La Quinta .i; �, 363 Table 4.3 Monroe East Annexation Fiscal Analysis City of La Quinta Analysis of Rental Income from Indio Motorcoach Country Club Average Taxable Non-taxable Average Average Historic Data Total Lots Rental < 30 days � 30 Days Daily Rental I By Year Annualized Revenue Revenue Revenue Rate Revenue/Lot 2004 163 $199,681 $151,578 2005 238 $225,117 $160,263 2006 309 $351,904 $261,492 Proposed La Quinta Motorcoach Resort Rate Increase Factor At Buildout 354 $540,032.05 $48,103 $32.52 $1,225.04 $64,855 $34.39 $945.87 $90,412 $52.78 $1,138.85 1.34 $70.70 $1,525.51 TOT Rate 10% Estimated TOT $54,003 Phased TOT1 Year 1 Year 2 Year 3 Year 4 TOT $100,000 $75,000 $50,000 $54,003 1. Phased TOT is projected in 2007 constant dollars. Source: Stanley R. Hoffman Associates, Inc. Indio Motorcoach Country Club. 14, 31 City of La '_b i 364 CHAPTER 5 CITY OF LA QUINTA FISCAL ASSUMPTIONS This chapter presents the revenue and cost assumptions for the fiscal impact analysis. The general demographic and economic assumptions used for calculating fiscal factors are first presented. The assumptions for projecting recurring revenues are then presented followed by the assumptions for projecting recurring costs. The fiscal assumptions are generally established by RSG for the fiscal analysis of the annexation area. Where documentation for their factors are not available, the City's adopted revenues and costs for fiscal year (FY) 2007-08 as presented in the City of La Quinta, Fiscal Year 2007-2008 Budget are the basis for calculating the fiscal factors. 5.1 General Assumptions Table 5-1 provides socio-economic data for the City of La Quinta along with the 2.51 persons per unit factor estimated by RSG and the persons per Motorcoach lot provided by the developer. Population. As shown in Table 5-1, the State Department of Finance (DOF) estimates the City of La Quinta's January 1, 2007 total population at 41,092. This total population estimate is used by RSG for projecting revenues and costs on a per capita basis. Per capita factors are estimated based on allocation to residential uses at 78.0 percent and to non-residential uses at 22.0 percent. Housing Units. According to DOF estimates for the City of La Quinta as of January 1, 2007, total housing units are 20,176 and occupied housing units are estimated at 14,425. Persons per Household and per Unit. DOF estimates the average persons per household at 2.85 for the City of La Quinta for January 1, 2007 while the persons per unit is 2.04. However, population for the single-family and medium density housing units was estimated using the factor provided by RSG at an average of 2.51 persons per unit which includes their estimate of seasonal population. The persons per lot factor of 0.70 (2.00 at 35% of the year on average) is used to estimate average annual population for the Motorcoach development as provided by the Motorcoach developer based on information from the Indio Motorcoach Resort. Stanley R. Hoffman Associates, Inc. Monroe East Annexation Fiscal Analysis December 14, 2007 32 City of La Quinta 'b i- 365 Table 5.1 Monroe East Annexation Fiscal Analysis City of La Quints Summary of Demographic and Economic Assumptions Assumption I Description Population and Housing' 41,092 Total Resident Population Year Round 20,176 Total Housing Units 14,425 Total Occupied Housing Units 2.85 Average Household Size (of occupied units) 9,500 Seasonal Population 50,592 Total Year Round and Seasonal Population Persons per Housing Unit/Lot 2.04 Persons per Housing Unit (DOF estimate) 2.51 Single -Family (RSG estimate) 2 2.51 Medium Density (RSG estimate)2 2.00 Molorcoach (estimated average stay 35% of year based on Indio Motorcoach Resort) Employment 11,533 Total Employment" Notes: 1. Population and housing estimates are from the California Department of Finance estimates as of January 1, 2007. 2. The persons per unit factor of 2.51 is a Citywide average estimated by RSG that includes both permanent population and RSG's estimate of seasonal population divided by total housing units. 3. The total employment estimate is provided by City staff. Sources: Stanley R. Hoffman Associates, Inc. California Department of Finance Stanley K Hoffman Associates, Inc. Monroe East Annexation Fiscal Analysis December 14, 2007 33 City of La Quinta ,,.ju 366 5.2 Revenue Assumptions The General Fund revenue factors used in preparing the fiscal analysis for the Monroe East annexation area are presented in Table 5-2. This includes annual recurring revenues to the City's General Fund. One-time and non -recurring revenues, such as permit fees, are used to derive net costs for some categories based on information provided by RSG, including public works and community services. The City's 2007-08 General Fund revenues are shown in Table A-6 of Appendix A. The fiscal factors are developed based on assumptiorLs provided by RSG that assume a 78 percent allocation of costs to residential uses and 22 percent allocation to non-residential uses. The RSG fiscal analysis utilizes a cost per capita for each revenue item based on the City's 2007- 2008 revenue budget and the estimated year round population of 4.1,092. Their estimated seasonal population is not used in their calculation of the per capita factors. Property Tax in Lieu of MVLF. The property tax in lieu of MVLF grows with the change in gross assessed valuation of taxable property in the jurisdiction from the prior year. Property tax in lieu of MVLF allocations are in addition to other property tax apportionments. Estimated property tax in - lieu of MVLF revenues are projected at $304 per $1.0 million increase in assessed valuation, as shown in Table A-2 and Table A-4. Document Transfer Tax. Sales of real property are taxed by Riverside County at a rate of $1.10 per $1,000 of property value. For property located in the City, property transfer taxis divided equally between the City and the County, with the City receiving $0.55 per $1,000 of transferred property value. Based on data from RSG, residential development is assumed to change ownership at an estimated average rate of 5.0 percent per year. Property transfer tax is assumed upon the initial sale of the residence, or in the first year. Turnover is assumed in the subsequent years after the initial sale and is also assumed at an average turnover rate of 5.0 percent per year. Sales and Use Tax. Retail sales tax will accrue to the City as a result of the new project residents shopping at the City's retail establishments. Sales tax revenues to the City are projected at $258 per household based on RSG's estimate. At an average stay of 35 percent of the year, sales tax for the Motorcoach Resort Annexation is projected at $90 per unit. The State has reduced the local sales tax allocation (1.0 percent) by 0.25 percentage points, and replaced this with a dollar -for -dollar allocation of local property tax from County ERAF funds as a sales tax reimbursement. Therefore, sales and use tax is projected at 75.0 percent of the total sales and use tax generated. Stanley K Hoffman Associates, Inc. Monroe East Annexation Fiscal Analysis December 14, 2007 34 City of La Quinta Table 5-2 Monroe East Annexation Fiscal Analysis City of la Quints Summary of Recurring Revenue Factors (In Constant 2007 Dollars) General Fund FY 2007-08 Adopted Budget Projection Basis 4 Projection Factor A. GENERAL FUND Property Tax $4.383,600 Property Rate x Assessed Valuation 0.11 % 11 % times basic 1 % levy (Redevelopment area in effect until 2036) Document Transfer Tax $1,017,200 Property tumover 50% Annual Resxdermal tumowir rate' assumptions $055 Per$1,000 of assessed valuation Property Tax in Lieu of MVLF' Na Assessed Valuation $304 Per $1,OD0,000 increase in assessed valuaton Sales and Use Tax $7,188.000 Taxable Sales 75.0% of Taxable Sales $258 Sales Tax per Household 4 Sales Tax par Motorcoach @ average May of 35 % $90 of year" Sales Tax Reimbursement $2,396,000 Taxable Sales 25 0% of Taxable Sales Franchise Taxes $1,657.700 Population/Employment $31.47 Per capita $31.62 per employee Annual Licenses $18,500 Population $045 Par capita Motor Vehicle Codes and Mac Fines $160,500 Population/Employment $3.05 Per capita $3.06 per employee Transient Occupancy Tax $5,479,100 Annual Gross Rental Recepts 10 0 % Transient Occupancy Tax Rate Landscape Mantenance Revenue Na Per Unit 335 00 Per unit Allocated Interest Revenues $2,132,900 Population $40.49 Percapda Gas Tax $756,200 Population $18.40 Per capita Notes 1 For fiscal factors that are based on population and employment, revenues have been allocated 780A. to population and 22% to employment according to factors provided by Gty staff 2. Residential property Nmover rate I ded by RSG, Inc 3 The Slate has lowered the MVLF rate, which reduces the amamt of MVLF received by cities and counties However, they will provide property taxes to offset the MVLF bmkfill This amount will change according to the growth of gross anal valuation for the City 4 Provided by RSG, Inc. Sales lax estimate assumes a 50% capture rate to the City 5 Allocated interest revenue is only projected if a recurring annual surplus results Nile: No property tax will be generated to me General Fund since the project area will be in Redevelopment area Property lax will be generated to the Redevelopment Agency instead of the Citys General Fund Sowce Stanley R Holtinan Associalas, Inc Gty of la Curls, Racal Year 2007-2008 Budget 14, 2007 35 City of La Quinta t 360 Franchise Taxes. Based on FY 2007-08 estimated revenues of $1,657,700 allocated 78 percent to population and divided by the City's 2007 year round population of 41,092, franchise taxes are projected at $31.47 per capita. Animal Licenses. Based on FY 2007-08 estimated revenues of $18,500 allocated 78 percent to population and divided by the City's 2007 year round population of 41,092, animal license revenues are projected at $0.45 per capita. Motor Vehicle Code and Miscellaneous Fines. Based on FY 2007-08 estimated motor vehicle code and miscellaneous fine revenues of $160,500 allocated 78 percent to population and divided by the City's 2007 year round population of 41,092, these revenues are projected at $3.05 per capita. Sales Tax Reimbursement. The State has reduced the local sales tax allocation (1.0 percent) by 0.25 percentage points, and replaced this with a dollar -for -dollar allocation of local property tax from County ERAF funds. Therefore, sales tax reimbursement is projected at 25.0 percent of the total sales and use tax generated. Transient Occupancy Tax. Transient occupancy tax for the Motorcoach Annexation analysis is projected based on the City's transient occupancy tax rate of 10.0 percent and estimated rental data provided by the developer for the Indio Motorcoach Resort. Landscape Maintenance Revenue. The City receives $35.00 per unit annually for citywide landscape maintenance revenue. This revenue is projected based on all housing units and Motorcoach lots. Allocated Interest Revenue. Based on FY 2007-08 estimated allocated interest of $2,132,900 allocated 78 percent to population and divided by the City's 2007 year round population of 41,092, these revenues are projected at $40.49 per capita. These revenues are only projected if the fiscal results are positive for a particular year. Stanley R. Hoffman Associates, Inc. Monroe East Annexation Fiscal Analysis December 14, 2007 36 City of La Quinta _.�i 3G 5.3 Cost Assumptions The General Fund cost factors used in preparing the fiscal analysis for the annexation assemblage are presented in Table 5-3. While the cost factors have generally been provided by RSG, where complete documentation has not been provided, cost factors are estimated using the City's Fiscal Year 2007-08 estimated General Fund expenditures. Similar to the revenue factors, the cost factors are based on the year round population of41,092 and have been allocated at 78 percent to residential uses and 22 percent to non-residential uses. As shown, several cost factors are estimated on a net cost basis where fees have been netted out to result in a net cost. These applicable costs and fees are shown in Table 5-4. General Government. General government citywide functions include several categories of administration, or indirect expenditures. These citywide functions include City Administration and Financial Services. General government overhead costs are projected at a rate of 17.00 percent of the City's direct department services costs, as provided by RSG. Stanley R Hoffman Associates, Inc. Monroe East Annexation Fiscal Analysis December 14, 2007 37 City of la Quinta i. 370 Table 5.3 Monroe East Annexation Fiscal Analysis City of La Quinta Summary of Recurring Cost Factors Description Fy 07/08 Reg uested Budget Revenues to Deduct Net Cost Allocated By 'l Service Population Resident Employee Net Cost Per Capita Net Cost Per Employ 078 022 La Quints POWlationB Employment i 41,092 11,533 General Government City Council $ Included in Overhead City Attorney Included in Overhead City Manage Included m Overhead Personnel/Risk Management Included in Overhead City Clek Included in Overhead I Community Services(Admin.) $981.742 $421.350 $560,392 $437,106 $123,286 1 $1064 $1069 Senior Center $442,112 $442,112 $344.847 $97.265 i $8 39 $8A3 Finance Included in Overhead Central Services Included in Overhead - Civic Center Building -Operation Included in Overhead General Government - Total $1,423,854 $1,002.504 $781,953 $220,551 General Government Overhead Rate 17.0% Library $1.799.328 $1,799.328 $1,403.476 $395,852 $3415 $3432 Recreatum $227,521 $227.521 1177.466 $50,0551 $432 $4.34 Building 8 Safety Administration $ $417.512 $417,512 $325,659 $91.853 $793 $796 Building 1,059,477 756,100 303,377 236.634 66,743 $576 $579 Code Compliance 1.018,060 1,018.060 794,087 223,973 $1932 $19A2 Animal Control 387,908 387.908 302.568 85,340 $736 $740 Public Building 1.222,668 1,222,668 953681 268,_987 2$ 3.21 2g 332 Binding B Safety - Total $ $4,105,625 $3,349.525 $2,612,630 $736,896 $6358 $6389 Community Development Admmatrabon $ $1.076,568 $222.400 $854,168 $666,251 $187,917 $1621 $1629 Planning 835 294294 83�294 651�_29 183 765765 1 m 15 93 Community Development - Total $ 1.911.862 1,689.462 1.317,780 371,682 $32.07 $32.23 Public Works Admmistration $ $611,712 $250,600 $361,112 $281,667 $79,445 $6.85 $689 Development Services 1.220,631 539,900 680.731 530,970 149,761' $1292 $1299 Traffic 1,035,523 1,035.523 807.708 227.815 i $19.66 $19.75 Street Maintenance 2.400,163 2.400.163 1.872,127 528,036 : $45.56 $45.78 Landscape 8 Lighting Maintenance 1,946,807 1.946.807 '1.518,509 428,298„ $36 95 $37 14 Park Maintenance 1.371.678 1.371,678 1,069.909 301,769 $2604 $2617 Engineering Services 980,598 250600 729 998998 56�398 16�600 I 1 86 13 93 Public Works - Total $ $9,567.112 $1,041.100 $8,526.012 $6,650,289 $1,875.723' $16184 $16264 Public Safety Emergency Services $182.949 $182.949 $142,700 $40,2491 $347 $349 Fee 4,942,365 4,942.365 :i855`045 1,087,320 $9381 $9428 $5.125,314 $5.125,314 $3,997,745 $1.127.569 " Totals $24,160,616 $2,440,950 $21,719,666 $16,941,339 $4,778,327 ; Sources RSG, Inc Stanley R Hoffman Associates, Inc a Stanley R. Hoffman Associates, Inc. Monroe East Annexation Fiscal Analysis December 14, 2007 38 City of La Quinta 371 Table 5.4 Monroe East Annexation Fiscal Analysis City of La Quints Summary of Net Costs Estimated Budget Cost Fees Netted Out Net Cost Description General Government Community Services (Admin.) $981,742 $421,350 $560,392 Comm service fees Building & Safety building, plumbing, electrical, Building $1,059,477 $756,100 $303,377 mechanical permits Community Development Administration $1,076,568 $222,400 $854,168 Comm development fees Public Works Administration $611,712 $250,600 $361,112 Half of engineering fees Development Services $1,220,631 $539,900 $680,731 Buildingisafety fees Engineering Services $980,598 $250,600 $729,998 Half of engineering fees Total $5,930,728 $2,440,950 $3,489,778 Source: Rosenow Spevacek Group, Inc. (RSG) 14, rvlonroe Cast A11OexatloD viscai A 39 City of La -bi- 372 APPENDIX A SUPPORTING TABLES A-1 Current Tax Rate Area (TRA) Property Tax Allocations..................................................41 A-2 Estimated Property Tax in Lieu of Motor Vehicle License Fees: Residential .................42 A-3 Inflation Factors: Residential Annexation.........................................................................43 A-4 Estimated Property Tax in Lieu of Motor Vehicle License Fees: Motorcoach ................44 A-5 Inflation Factors: Motorcoach...........................................................................................45 A-6 General Fund Revenues, City of La Quinta: 2007-2008...................................................46 A-7 Estimated Fiscal Impact Fee Based on Property Tax Lost: 2007-2037 .............................47 14, 40 City of La '.Ju 373 A-1 Monroe East Annexation Fiscal Analysis City of La Quinta Current Tax Rate Area (TRA) Property Tax Allocations (in Constant 2007 Dollars) Fund Description' TRA: 58-085 010000 GENERAL PURPOSE 0.00000000 011001 GENERAL 0.26114498 011121 COUNTY FREE LIBRARY 0.02528511 011123 COUNTY STRUCTURE FIRE PROTECTION 0.05443125 011134 SUPERVISORIAL ROAD DISTRICT 4 0.01059683 01 1177 PROJECT 4-THERMAL 0.00000000 031601 COACHELLA VALLEY UNIFIED SCHOOL 0.43220912 031623 COACHELLA VAL JT BLO HIGH 0.00000000 039001 DESERT COMMUNITY COLLEGE 0.06975693 039896 RIV. CO. OFFICE OF EDUCATION 0.03795136 041030 COUNTY WASTE RESOURCE MGMT DIST 0.00000000 041110 RIV CO REG PARK & OPEN SPACE 0.00395027 041837 COUNTY SERVICE AREA 125 0.00000000 041852 CSA 152 0.00000000 044015 COACHELLA VALLEY PUBLIC CEMETERY 0.00315041 044181 SO COACHELLA VALLEY CSD 0.00000000 044555 CV MOSQ & VECTOR CONTROL 0.01269424 044611 COACHELLA VALLEY REC AND PARK 0.01919963 044821 COACHELLA VALLEY COUNTY WATER 0.02536263 184061 CITRUS PEST CONTROL 2 0.00000000 284705 COACHELLA VALLEY RESOURCE CONSER 0.00032516 284831 CVC WTR IMP DST 1 DEBT SV 0.01183503 384822 COACH VAL CO WTR STORM WTR UNIT 0.03210705 Total 1.000000000 Source: Stanley R. Hoffman Associates, Inc. Riverside County Auditor Controller - FY2005-2006. 14, 41 City of La Quinta -;J6 374 Table A•2 Motorcoach Resort Development Fiscal Analysis City of La Quinta Estimated Property Tax in Lieu of Motor Vehicle License Fees: Residential (In Constant 2007 Dollars) A. CALCULATION OF VLF PROPERTY TAX FACTOR Change in 2004/2005 20052006 VLF Property Tax -VLF $1.926,606 $2,392,298 $465.692 Assessed Valcatial $6.342,704,191 $7.875,841,260 $1,533,137.069 VLF Increase per Assessed Valuation (AV) Increase $0.000304 VLF Increase per $1,000,000 increase in AV $304 B. ESTIMATED PROJECT VLF PROPERTY TAX I 1 1 2 a 1 4 5 Total Incranental Assessed Valuation (AV)to La Quints $45,706,928 $45,706,928 $45,098,899 $44,490,870 $0 $181.003,625 byres VLF Increase per $1,000,000 Increase in AV $304 $304 $304 $304 $306 equals Estimated Rgect VLF Ropeny Tax' $13,B95 $13,895 $13710 $13,525 $0 $55,025 Note 1. Under State tall, according to sechon 97 70 of AS 2115, the mating valuation of the annexation area cannot be used in adlusting tie base Dan which to estimate increases In properly tax In lieu of VLF Only the increase in assessed valushon from new development is used. Sources Stanley Hoffman Associates, Inc. State Controllers Office. Division of Acccunt and Reporting, Revenue and Taxation Code Sectroq 9790 (c ) 1 (B) (�) Vehicle License Fee Adjustment Amounts, 2004-2005 and 2005-2006. 14, 42 City of La '_;, L- 375 @ \ z k 4c 2 #z 20a �§sL kk0M ■§[ u § LU o ) 2 z @q@4 Rkq«@ !!!! 5!!!5 !I!§ BEES§ !!§§ 5§§§! i k{ ! ■# E - ` |i ! ) ■ } ! t| '•.| | k )� IM, M ) .08 IIOU !!!! 5§!9! 5!!5 BSEf£ !!§3 5§!§5 !B!! 555!! §§!§ 5!!!] !§!! BSmE! ;raq R@mm; 5S!! 5§§§e )/ k ; ` $f )21kk| 0 ) WO Stanley It Hoffman Associates,r Monroe East �� &� s December Rz7q City 4&Qui + 376 Table A-4 Motorcoach Resort Development Fiscal Analysis City of La Quints Estimated Property Tax in Lieu of Motor Vehicle License Fees: Motorcoach (In Constant 2007 Dollars) A. CALCULATION OF VLF PROPERTY TAX FACTOR Change in 2004/2005 2005RO08 VLF Property Tax - VLF $1.926,606 $2,392,298 $465,692 Assessed Valuation $6.342,704,191 $7,875.841,260 $1533,137.069 VLF Increase par Assessed Valuation (AV) Increase $0.000304 VLF Increase Per $1,000,000 increase In AV $304 B. ESTIMATED PROJECT VLF PROPERTY TAX 1 2 l d 6 Inuemental Assessed Vaunt. (AV)lo La pumta $36757,000 E36,757,000 $36344,000 $36.344.000 $0 $146,206,202,000 hm35 VLF Increase per$1,000,000 Increase in AV $304 $304 $304 $304 $304 equals Estimated Prated VLF Property Tad $11,174 $11,174 $11,049 $11,049 $0 $44,445 Note 1 Under State law, according to section 97 70 of AS 2115, Me ousting valuation of the annexation aura cannot be used in adjusting the base none which to estimate increases in property tax In Ileu of VLF. Only the mcrease in assessed valuation from new development Is used Sources Stanley R Hoffman Associates, Inc. State Controllers Office, DMsion of Account and Reporting, Revenue and rumtmn Code Secton 97 90 (c) 1 (B) (it Veh cle license Fee Adpstment Amounts, 2004-2005 and 2005-2006 14, 44 City of La Quints .%it, 377 k § k \ � ° §§LU � LU 0 u2LL« ■§b0 3§§ § w § § 2 ) 0 ) !§§! B!!!! g§§ 2!Q §!§§ BE§!§ SF88 ;!!§§ !!§! \§§§§ §!!§ B882R §.§§ @Res 5§!5 5§E5y !E§! \555! !!!! 5!!!! $ #\ ) )) ! § k S !• \ \\� / d k! / ■ g Nv§! Bmn6� §N§§ 5;!!§ m[§e K§§§n K!§! §§!§ Knne§ §E!! B§§B§ !!!! B§]e! City of La Quin g 398 Table A•6 Motorcoach Resort Development Fiscal Analysis City of La Quinta General Fund Revenues, City of La Quinta: 2007-2008 (In Constant 2007 dollars) Revenue Category Total Non -recurring Recurring Revenue Type Property and Other Taxes Property Taxes $1,763,100 $0 $1,763,100 R No Low Property Tax 2.620,500 0 2,620,500 R Sales Tax 7,188,000 0 7,188,000 R Sales Tax Reimbursement 2,396,000 0 2,396,000 R Transient Occupancy Tax 5,479,100 0 5,479,100 R Transient Occupancy Tax - Mitigation Measures 298,900 0 298,900 R Document Transfer Tax 1,017,200 0 1,017,200 R Franchise Tax 1.657.700 0 1,657.700 R Subtotal $22,420,500 $0 $22,420,500 Intergovernmental Motor Vehicle in Lieu $3,138,400 $0 $3,138,400 R Motor Vehicle Code, Misc.Fines & Parking Viol. $160,500 0 $160,500 R AB939 $0 0 $0 R CSA152 (storm water) $210,000 0 $210,000 R State Grants $8,600 0 $8,600 R County Fire Service Credit $4,862100 0 $4,862,100 R Subtotal $8,379,600 $0 $8,379,600 Licenses and Permits Business License $322,200 $0 $322,200 R Animal License 18,500 0 18,500 R Garage Sale Permits 11,000 0 11,000 R Building Permits 558,600 558,600 0 O Plumbing, Electrical, Mechanical and Misc. 197,500 197,500 0 O Miscellaneous Permits 127,_400 0 127,400 Subtotal $1,235,200 $756,100 $479,100 Fees Engineering Fees $501,200 $501,200 $0 O Planning Fees (including Plan Check) 222,400 222,400 0 O Building & Safety Fees (including Plan Check) 539,900 539 900 0 O Community Service Fees 421,350 421350 0 O Finance Fees 1,500 1,500 0 O Sale of Maps and Publications 3 900 _3900 0 O Subtotal $1,690,250 $1,690,250 $0 Other Revenue Allocated Interest $2,132,900 $0 $2,132,900 R Non -Allocated Interest 2,020.000 0 2,020,000 R Miscellaneous Revenue 28300 0 28300 R Subtotal $4,181,200 $0 $4,181, 200 General rung Total E37,906,750 E2 446 350 $35,460,400 Note: 1. Revenue type = Recurring 'IT or One-time'O' Sources: Stanley R. Hoffman Associates, Inc. City of La Quinta, Fiscal Year 2007-2008 Budget. 14, 2007 46 City of La Quinta ' _ 379 Table A•7 Monroe East Annexation Fiscal Analysis City of La Quinta Estimated Fiscal Impact Fee Based on Property Tax Lost: 2008-2037 $500,000 $750,000 $1,000,000 Housing Housing Housing Year Value Year Value Year Value 3.00% 3.00% 3.00% 2008 $500,000 2008 $750,000 2008 $1,000,000 2009 $515,000 2009 $772,500 2009 $1,030,000 2010 $530,450 2010 $795,675 2010 $1,060,900 2011 $546,364 2011 $819,545 2011 $1,092,727 2012 $562,754 2012 $844,132 2012 $1,125,509 2013 $579,637 2013 $869,456 2013 $1,159,274 2014 $597,026 2014 $895,539 2014 $1,194,052 2015 $614,937 2015 $922,405 2015 $1,229,874 2016 $633,385 2016 $950,078 2016 $1,266,770 2017 $652,387 2017 $978,580 2017 $1,304,773 2018 $671,958 2018 $1,007,937 2018 $1,343,916 2019 $692,117 2019 $1,038,175 2019 $1,384,234 2020 $712,880 2020 $1,069,321 2020 $1,425,761 2021 $734,267 2021 $1,101,400 2021 $1,468,534 2022 $756,295 2022 $1,134,442 2022 $1,512,590 2023 $778,984 2023 $1,168,476 2023 $1,557,967 2024 $802,353 2024 $1,203,530 2024 $1,604,706 2025 $826,424 2025 $1,239,636 2025 $1,652,848 2026 $851,217 2026 $1,276,825 2026 $1,702,433 2027 $876,753 2027 $1,315,130 2027 $1,753,506 2028 $903,056 2028 $1,354,583 2028 $1,806,111 2029 $930,147 2029 $1,395,221 2029 $1,860,295 2030 $958,052 2030 $1,437,078 2030 $1,916,103 2031 $986,793 2031 $1,480,190 2031 $1,973,587 2032 $1,016,397 2032 $1,524,596 2032 $2,032,794 2033 $1,046,889 2033 $1,570,333 2033 $2,093,778 2034 $1,078,296 2034 $1,617,443 2034 $2,156,591 2035 $1,110,645 2035 $1,665,967 2035 $2,221,289 2036 $1,143,964 2036 $1,715,946 2036 $2,287,928 2037 $1,178,283 2037 $1,767,424 2037 $2,356,566 NPV @ 5.25% NPV @ 5.25% NPV @ 5.25% NPV = $11,157,854 NPV = $16,736,781 NPV = $22,315,708 Prop. Tax @ 0.11 % Prop. Tax @ 0.11 % Prop. Tax @ 0.11 % Impact Fee = $12,270 Impact Fee = $18,410 Impact Fee = $24,550 Source: Stanley R. Hoffman Associates, Inc. December 14, 47 City of La ',JL 380 APPENDIX B PERSONS AND AGENCIES CONTACTED CITY OF LA QUINTA Doug Evans Community Development Director 78-495 Calle Tampico La Quinta, CA 92253 760-777-7125 John M. Falconer Finance Director 760-777-7150 CONSULTANTS Jon Berg Environmental Planning Manager DUDEK Engineering + Environmental 75-150 Sheryl Avenue Palm Desert, CA 92211 760-341-6660 Frank Spevacek and Alexa Smittle Rosenow Spevacek Group, Inc. (RSG) 309 West 4th St. Santa Ana, CA 92701 714-541-4585 MOTORCOACH DEVELOPER E. Randall Henderson, Jr. President La Quinta Motorcoach Resort, Inc. 2400 Crestmoor Road Suite 200 Nashville, TN 37215 615-279-8140 14, 2007 48 City of La Quinta 381 ATTACHMENT #6 TANI.FY R. NOFFMAN 3 9'- O �'C _I- ♦ T EO-g 11661 San Vicente Boulevard Suite 306 Los Angeles, California 90049 310.820.2680, 310.820.8341 fax w.stanleyrhoffmanxom Memorandum w Date: December 14, 2007 To: Doug Evans, Assistant City Manager, City of La Quinta Tom Kirk and Lee Osborne, Vista Santa Rosa Sub -Committee, City of La Quinta cc: Frank Spevacek and Alexa Smittle, RSG Inc. John Falconer, Finance Director, City of La Quinta Daniel Johnson, Schlecht, Shevlin & Shoenberger Jon Berg, Environmental Planning Manager, Dudek E. Randall Henderson, Jr., La Quinta Motorcoach Resort, Inc. From: Stan Hoffman, President Subject: "Monroe East' Annexation Development Fiscal Analysis Job No.: 1145 The following transmittal memorandum is a summary of our revised fiscal analysis of the proposed 210 acre annexation assemblage ("Monroe East' Annexation Development) which is generally located southeast of the intersection of Monroe Street and Avenue 58. The fiscal analysis uses the latest RSG methodology along with alternative analyses that highlight fiscal issues of concern. Introduction and Overview of Assumptions for Fiscal Impact Fee Calculation The following analysis (Table 1A) shows the estimated Fiscal bnpact Fee which was computed using the RSG fiscal model assumptions for the 210 acre annexation area under two police cost per capita assumptions. The 210 acre annexation assemblage includes the following components: l) Residential component (265 units) 2) Motorcoach component (354 lots) Also, I have shown the estimated aggregate deficit under the two police cost per capita assumptions (Table I B). The two police cost per capita assumptions are as follows: 1) RSG police cost per capita of $275 (provided by Alexa Smittle, RSG); and 2) Police cost per capita of $248 ($10,183,852 police costs/41,092 population —based on 2007-08 City budget) In addition, I have shown the analysis utilizing different persons per household assumptions (Table IQ: 1) 2.51 persons per unit recommended by RSG that includes their estimate of seasonal population; and 2) 2.04 persons per unit based on the 2007 City estimate of permanent population from the California Department of Finance Ili, 382 R. Hoffman Associates December 14, 2007 Doug Evans, Tom Kirk and Lee Osborne "Monroe East"Annexation Development Fiscal Analysis Page 2 (the motorcoach persons per lot is estimated separately at 2.0 persons per motorcoach lot at 35 percent occupancy based on information from the Indio Motorcoach Resort) Table 2 then reflects the potential variance in the amount of the Fiscal Impact Fee when considering the combined effect of changes to both the police; cost per capita factors and the persons per unit factors. Table 3 presents the effects on the Fiscal Impact Fee of phasing the development from Years 1 through 4 (2008 through 2011) versus Years 3 through 6 (2010 through 2013) as the projects will not likely start for about two years given processing time for the annexation and the current housing market downturn. In considering an alternative means of projecting the long term fiscal impacts, the Fiscal Impact Fee is estimated based on Property Tax Lost from 2008-2037 under three housing value assumptions (Table 4). It should be noted that this alternative model can be used to compute the Fiscal Impact Fee at different dates, i.e., a starting date of 2010 versus 2008. The Fiscal Impact Fee is computed based on the following range of average housing; values: 1) $500,000 2) $750,000 3) $1,000,000 Summary of Fiscal Impact Fee Analysis Table IA shows that the Fiscal Impact Fee for the Residential component is estimated to be $29,188 using the RSG assumptions of police cost per capita of $275 and the persons per unit factor of 2.51. Our fiscal impact model has been calibrated to the RSG estimated fee based on: 1) using their assumptions directly, wherever possible; 2) phasing the development over years 1 through 4 (i.e., 2008 through 2011); and 3) adjusting the average housing value of medium density housing to $608,029 with the single family average housing value at $750,000, similar to The Enclave. The fee of $29,188 per unit was estimated by RSG for The Enclave. When the estimated average police cost per capita of $248 is used, the Fiscal Impact Fee is estimated at $27,340, a difference of $1,848 per unit. In Table !! 13, I have shown the aggregate dollar amounts for the 265 units as ranging from $7.73 million ,down to about $7.25 million, a difference of $489,720. �� 383 R. Hoffman Associates December 14, 2007 Doug Evans, Tom Kirk and Lee Osborne "Monroe East" Annexation Development Fiscal Analysis Page 3 The same calculation for the Motorcoach project (Table 1 A) resulits in an estimated Fiscal Impact Fee per lot of $2,188 at the $275 police cost per capita figure and $1,673 at the average police cost per capita of $248. This yields an estimated aggregate dollar amount for 354 lots as ranging from $774,550 down to $592,240, a difference of $182,310. Also, as shown in Table 1C, the difference between using the 2.51 persons per housing unit factor estimated by RSG versus the 2.04 persons per housing unit based on the City's current permanent population estimate is quite sizable, i.e., is $7,759 ($29,188 versus $21,429). This yields a difference in the fee of about $2.06 million for the Residential component (the persons per lot for the Motorcoach project is calculated separately for their seasonal lots). The combined effect of these two factors is shown in Table 2. As before, the starting point is the RSG estimate of $29,188 as computed utilizing a police cost per capita of $275 and a persons per unit of 2.51. When the average police cost per capita is changed to $248 and a persons per unit factor of 2.04 is used, the model estimates a Fiscal Impact Fee of $19,927, a difference of $9,261. The combined dollar difference effect for 265 units is about $2.45 million. In Table 3, we have shown the fiscal effects of phasing the development over the first four years, i.e., 2008 through 2011 versus a phasing that starts two years later, i.e., 2010 through 2013. This analysis also assumes holding the RSG assumptions at 2.51 persons per unit and $275 police cost per capita. As shown, the Fiscal Impact Fee is estimated to decline from $29,188 to $26,684, or a difference of $2,504 per unit ($1,252 on an annual basis). For 265 units, this would be an estimated dollar amount of $663,560. An Alternative Method for Calculating the Fiscal Impact Fee Finally, Table 4 presents a methodology using a radically different approach than the RSG model. Under the assumption that the annexation area should conceptually be treated fiscally similar to the remainder of the City of La Quinta, -- except for the property tax lost to the General Fund during the period when the County's redevelopment agency is in effect -- then we have projected the amount of property tax lost over the period through 2037. It is submitted that the property tax lost from the City's General Fund to the County's Redevelopment Agency is a �384 R. Hoffman Associates December 14, 2007 Doug Evans, Tom Kirk and Lee Osborne "Monroe East" Annexation Development Fiscal Analysis Page 4 good indicator of the key fiscal difference between this development and existing development in the City. Similar to the assumptions in the RSG model for the projection, we have assumed a 3 percent increase in property tax and a 5.25 percent discount rate. The impact fees, using a "Property Tax Lost to Redevelopment Agency" methodology, range from: 1) $12,270 per unit ($500,000 housing value) 2) $18,410 per unit ($750,000 average value) 3) $24,550 ($1,000,000 average value) Recommendations While we have shown the fiscal analysis resulting in $29,138 per unit for the residential component as established by RSG, based on our understanding of fiscal methodology and the City's demographics, we feel that the 2.04 factor is the correct methodology (at the last City Council workshop, two council members also agreed with this approach) and have shown the implications of this approach. Essentially, as we have stated in an earlier memorandum, the cost per capita factors should either be calculated as: a) General Fund costs over the permanent population and use 2.04 persons per unit; or b) General Fund costs over the permanent population plus seasonal population and then use a factor of 2.51 persons per unit. The current method by RSG calculates the General Fund costs over the permanent population, but then applies 2.51 persons per unit factor to the new development. We feel that this is inconsistent with the methodology used to develop the fiscal factors and makes a sizable difference in the outcome of the Fiscal Impact Fee. As shown earlier, this assumption of 2.51 versus 2.04 yields an estimated reduction in the fee of $7,759 per unit ($29,188 versus $21,429), or about 27 percent. Also, we would request that the average police cost per capita be reexamined based on the City's current average police cost factor of $248 in order for the annexation area to be treated similarly to the remainder of the City. Complete documentation by RSG has not been provided at this ,a„ 385 R. Hoffman Associates December 14, 2007 Doug Evans, Tom Kirk and Lee Osborne "Monroe East" Annexation Development Fiscal Analysis Page 5 time to verify their assumptions and we would request complete documentation of their analysis and assumptions. This is particularly important since their analysis is being used to support a substantial Fiscal Impact Fee for new development within the annexation area. In addition, we feel that the underlying premise by RSG that these trends would hold over 30 years of future growth in public revenues and costs is not consistent with existing historical revenue growth data in the City and normal public budgeting practices (by building in a structural deficit that continues after the RDA sunsets in 2037). While we understand that reconsideration of these issues may delay the process, we feel that the impacts of these assumptions are too great to ignore either for their impact on Fiscal Impact Fees today or for the implications they raise on the future ability of either the annexation area or the existing City to pay its way in the future if a large structure deficit is built into the assumptions. The RSG methodology may very likely create a situation where the annexation area pays more for public services per capita, but still receives the existing City average level of services, thereby subsidizing public services in the remainder of the City. �r 384, l Stanlev R. Hoffman Associates December 14, 2007 Doug Evans, Tom Kirk and Lee Osborne "Monroe East" Annexation Development Fiscal Analysts Page 6 Table 1A Estimated Fiscal Impact Fees per Unit/Lot ( @ 2.51 persons per unit ) Police Cost Fee per Fee per Per Capita Residential Unit 6lotorcoach Lot' $275 $29,188 $2,188 $248 $27,340 $1,673 Difference $1,848 $515 Table 1 B Estimated Aggregate Fiscal Impact Fee Amount ( @ 2.51 persons per unit ) Police Cost Total Fee for Total fee for Per Capita 265 Residential Units 354 Motorcoach Lots $275 $7,734,820 $774,550 $248 $7,245,100 $592,240 Difference $489,720 $182,310 Table 1C Estimated Fiscal Impact Fees per Unit ( @ $275 police cost per capita ) Persons per Fee per Total Fee for Housing Unit Residential Unit 265 Residential Units @ 2.51 per unit $29,188 $7,734,820 @ 2.04 per unit $21,429 $5,678,690 Difference $7,759 $2,056,140 Source: Stanley R. Hoffman Associates, Inc. I R. Hoffman Associates December 14, 2007 Doug Evans, Tom Kirk and Lee Osborne "Monroe East" Annexation Development Fiscal Analysis Page 7 Table 2 Estimated Fiscal Impact Fees per Unit: Combined Effect' Police Cost Per Capita $275 $248 $275 $248 Persons per Housing Unit @ 2.51 per unit @ 2.51 per unit @ 2.04 per unit @ 2.04 per unit Difference: High to Low Estimated Fee Fee per Total Fee for Residential Unit 265 Residential Units $29,188 $7,734,820 $27,340 $7,245,000 $21,429 $5,678,690 $19,927 $5,281,000 $9,261 $2,454,000 1. This table shows the combined effect of the use of RSG police per capita cost of $275 versus the City's average police cost per capita based on the 2007-08 budget, combined with the effect of the use of RSG persons per unit estimate of 2.51 (which includes an estimate for seasonal population ) versus the Department of Finance based estimate of 2.04 year-round persons per unit. Source: Stanley R. Hoffman Associates, Inc. R. Hoffman Associates December 14, 2007 Doug Evans, Tom Kirk and Lee Osborne "Monroe East" Annexation Development Fiscal Analysis Page 8 Table 3 Estimated Fiscal impact Fees per Unit/Lot for Modified Phasing (@ 2.51 persons per unit and $275 police per capita cost ) Phasing Fee per Fee per Years Residential Unit Motorcoach Lot 2008through 2011 $29,188 $2,188 2010 through 2013 $26,684 $2,003 Difference $2,504 $185 ReductionNear $1,252 $93 Source: Stanley R. Hoffman Associates, Inc. ,), 389 R. Hoffman Associates December 14, 2007 Doug Evans, Tom Kirk and Lee Osbome "Monroe East" Annexation Development Fiscal Analysis Page 9 Table 4 Estimated Fiscal Impact Fee Based on Property Tax Lost: 2008-2037 $500,000 $750,000 $1,000,000 Housing Housing Housing Year Value Year Value Year Value 3.00% 3.00% 3.00% 2008 $500,000 2008 $750,000 2008 $1,000,000 2009 $515,000 2009 $772,500 2009 $1,030,000 2010 $530,450 2010 $795,675 2010 $1,060,900 2011 $546,364 2011 $819,545 2011 $1,092,727 2012 $562,754 2012 $844,132 2012 $1,125,509 2013 $579,637 2013 $869,456 2013 $1,159,274 2014 $597,026 2014 $895,539 2014 $1,194,052 2015 $614,937 2015 $922,405 2015 $1,229,874 2016 $633,385 2016 $950,078 2016 $1,266,770 2017 $652,387 2017 $978,580 2017 $1,304,773 2018 $671,958 2018 $1,007,937 2018 $1,343,916 2019 $692,117 2019 $1,038,175 2019 $1,384,234 2020 $712,880 2020 $1,069,321 2020 $1,425,761 2021 $734,267 2021 $1,101,400 2021 $1,468,534 2022 $756,295 2022 $1,134,442 2022 $1,512,590 2023 $778,984 2023 $1,168,476 2023 $1,557,967 2024 $802,353 2024 $1,203,530 2024 $1,604,706 2025 $826,424 2025 $1,239,636 2025 $1,652,848 2026 $851,217 2026 $1,276,825 2026 $1,702,433 2027 $876,753 2027 $1,315,130 2027 $1,753,506 2028 $903,056 2028 $1,354.583 2028 $1,806,111 2029 $930,147 2029 $1,395,221 2029 $1,860,295 2030 $958,052 2030 $1,437,078 2030 $1,916,103 2031 $986,793 2031 $1,480,190 2031 $1,973,587 2032 $1,016,397 2032 $1,524,596 2032 $2,032,794 2033 $1,046,889 2033 $1,570,333 2033 $2,093,778 2034 $1,078,296 2034 $1,617,443 2034 $2,156,591 2035 $1,110,645 2035 $1,665,967 2035 $2,221,289 2036 $1,143,964 2036 $1,715,946 2036 $2,287,928 2037 $1,178,283 2037 $1,767,424 2037 $2,356,566 NPV @ 5.25% NPV @ 5.25% NPV @ 5.25% NPV = $11,157,854 NPV = $16,736,781 NPV = $22,315,708 Prop. Tax @ 0.11% Prop. Tax @ 0.11% Prop. Tax @ 0.11% Impact Fee = $12,270 Impact Fee = $18,410 Impact Fee = $24,550 390 z fx d� { "-' �,� r .. s a � 3 y# e. 'S%(1.E�!•%'�� ^�'1` . e � � a r$�ti "�, E �, � /�' �1, az r ', F� e -a {. sl IS < t� r }t t ti' s ltyr sbA 1 4 yv { t 1ti, �I�IY#g y_tyJf i 1t �— rf [,0 It MAP , Tel i 3'u i x t NFL u1 T It � A �t tj � L t Y f '1`la a+• `" *''4 1 3'� aY�(`,�a/ *'{,t Xti e yJ j Nit vt�� 1 .>s�3 t,d�¢ tn_s,�a.. h� a'^t4" x I*1';d ATTACHMENT 9 Legend RL-Low Density Residential RMH-Medium High Density Residential RM-Medium Density Residential CN-Nei hhorhood Commercial CT -Tourist Commercial with RL-Low Density Residential in Low Density g _ Specific Plan Overlay / AgriculturelEquestrian Residential Special District ---- Jurisdictional Boundary --- Annexation Area ' Not to Sc Monroe -East Annexation La O.uinta Prezoning Designatiq�93 ATTAt�HMENT #10 I a EPI iJ �f r i MOMFM'RE Enclave Potential Annexation Area City Limit ® Inhabited Parcels ® Enclave Potential Annexation Area = IRL Prezoning Designation J I 6 a� rc e rc rc rc rc rc rc l rc rc a 8{ I I I i it I III 13-1OMNOA z� 395 r- ATTACHMENT #11 THE VISTA SANTA ROSA ASSOCIATION Ellen Lloyd Trover, President Jennifer Hamilton, Vice President Betty Morgin, Secretary Elizabeth L. Talley, Treasurer Betty Mangan Smithy Director P.O. BOX 297 COACHELLA, CA 92236 Mayor Don Adolph Members of the City Council City of La Quints. La Quints., CA 92253 Lee Anderson, Director Martha Brown, Director Philip Burnett, Director Joan Fogg, Director November 1, 2007 RE: Financing Service to the Vista Santa Rosa Area Deer Sirs & Madame: Thank you for affording me an opportunity to hear, consider, and comment on the information presented by Staff as the Study Session on October 16, 2007. I am sorry for the delay, but due to illness and the wildfires, I have not been able to finish this letter as rapidly as I had wished. We in Vista Santa Rosa are concerned with, and will be directly affected by, the decisions you make about development fees to provide services to areas annexed. Although there are several issues that we'd like to comment on, I will first address the issue that seemed to be the primary concern on Tuesday, i.e. population per residential unit. I am not addressing the specifics of Mr. Noya's project, but will assume for the present that his estimate for that project is correct. However, the issue is what fees will be assessed across the board for residential development in the RDA zone. We feel that: 2 or 2.5 are both unrealistic multipliers if they are applied as an average in VSR; a much more realistic number would be the 2.8 number for the current City of La Quints, and indeed that may be low: a) When assessing an area the size of the City's present SOI, surely there will be much family housing included in the mix; that being the case, there will no doubt be families with multiple children. The eastern valley has a different demographic profile than other areas; there is a a r 27 1 396 larger percentage of people with cultural and religious backgrounds that encourage large families, as well as more families that have multiple generations living in the same house. Additionally, with soaring housing prices, more and more homes are being bought by two or more "nuclear" families in order to share the financial burden (art example would be brothers going together to buy a house & both families living in it until they can afford to buy another); b) More and more "adult children" are staying, or returning home to live. Whether it is temporary, or long term, with the high cost of housing, limited employment opportunities, and a change in the way living "at home" is viewed by the younger generation, this phenomenon is not uncommon; c) More and more elderly parents are living with their children, in order to avoid the cost of assisted living, as well as to afford them more dignity and fiieedom; personally, I've been in both situations, having had my mother living with me after my father died and then having had my adult daughter move home, not once but twice; d) We're also seeing more and more people buy a "part-time" horn to use while they are still employed full time elsewhere, only to more to the desert full time on retirement, or on going into consulting. Counting "second homes" as `vacant" needs to be adjusted to allow for future full time use; e) As our population ages, we will see more and more "help" that needs to live either in local family housing, or in the home of the aging, increasing the numbers; f) Viewing the potential for natural catastrophes (and hopefully, not manmade ones), the City has to be prepared to provide emergency services for all the residents and visitors. All of us hope that the need won't arise in the foreseeable future, but planning has to be pessimistic; g) With a slowing market, we need to face the reality that services need to be provided for "rooftops; whether they have sold or not; fires and vandalism may actually be more of a problem if there is unsold housing; h) Moving into the East Valley, the City also needs to add into the mix of cost, provision for the drainage to the Whitewater Storm Drain and the increasing demands of the Clean Water Act. For all these reasons and more, if anything, 2.8 residents to the unit is perhaps an underestimate. The City has declared that it wants to be fiscally conservative; therefore, I urge you to consider the highest number proposed. There has been a lot of talk about the Redevelopment District funding. I sit on a standing 397 committee that will be submitting proposals to the Agency for projects in the Vista Santa Rosa area. I would be willing to bring forward any suggestions of the Council, keeping in mind that RDA ftmds are essentially for capital projects and that other funding has to support the maintenance and operation of the project. RDA funds are not a substitute for General Funds. Distance also becomes a factor in considering provision and funding of services. The farther the residences are from the civic center and the commercial area, the more expensive services will be. The City has been wise in planning to attract commercial development along Highway 111 and Interstate 10, but there is a finite amount of land, in the City, left to be developed in those corridors; the Cities of Indio and Coachella are moving into the breech with new projects which will attract La Quinta residents, just has the current La Quinta stores have attracted their citizens. To keep a residential/commercial mix that will keep the cost of services to residents at a reasonable rate, the Council has acknowledged the need for more commercial development. The question is where it will be located, and who will build (finance) the infrsstructure to support it? To have a future commerciallresidential mix similar to what currently exists in the City, the situation is different in that there are no highways in VSR. One would have to assume that most, if not all, of the customers will have to be drawn from the local populace, but even then freight will have to be hauled in. At present, only Harrison Street on the extreme east and Ave. 62 (the South Valley Parkway) on the extreme south of the SOI are planned to support heavy traffic and both of those corridors are links to commercial development that is already being planned and processed in the County. For all of these reasons, I would ask the Council to look closely at the cost of annexation and services and assume new housing will have to support services over a wide area that may well develop slowly. Sincerely yours, Ellen Lloyd Trover, President 23q 399 . Page 1 of 2 Los Johnson From: CR72248@aol.com Sant Thursday, November 08, 2007 6:41 PM To: City Clerk Mail Cc: Doug Evans; Les Johnson Subject: Letter to City Council Regarding Vista Santa Rosa Charles F. Rechlin 82-480 Avenue 54 Vista Santa Rosa, CA 92274 760-398-1950 cr72246@aol.com November 8, 2007 The Mayor and Members of the City Council City of La Quints. PO Box 1504 La Quints, CA 92247-1504 Re: Vista Santa Rosa Honorable Mayor and Council Members: As a resident of Vista Santa Rosa and a member of Supervisor Wilson's community Planning Task Force, I submit the following comments with respect to the City's fiscal impact study of potential annexations in VSR. 1. Fiscal Impact Fee. Although the fiscal analysis presented at the October 16 Council meeting appears to have a sound basis, I believe that impact fees imposed on residential developments should operate on a sliding scale, based on the projected occupancy per dwelling unit for each specific development, determined at the time a tract map is approved and a development agreement is entered into (taking :into account square footage, number of bedrooms, garage capacity and the like). Some developments (e.g., 55+ communities) may warrant a fee based on an occupancy rate around 2.0 per unit. Others, however, will build out at substantially higher rates. Given proposals for "workforce housing" and "family - friendly communities" for the VSR area already approved, or discussed by developers with, the County, I believe many housing tracts proposed for annexation will approach or surpass occupancy rates of 3.5 per unit, as is currently the case in Indio. 2. Rationale for Annexations. Although I support the imposition of a fiscal impact fee for new residential developments, I am concerned that it may be viewed by developers and landowners as establishing something akin to an entitlement for those seeking annexation --in other words, as the "entry fee" to buy a "ticket into La Quinta," as it has been publicly characterized by development proponent, Tom Noya. I urge the Council to make it clear that the fee will not create a right to annex into the City. I am also concerned that imposition of a fiscal impact fee may be viewed by some as obviating the need for comprehensive land use planning for VSR, a process the Council and staff initiated in'2006 but interrupted to deal with the fiscal impact issues. The rationales cited by Council members for annexation —that the City will "inevitably inherit" VSR from the County, and must control development along its borders —imply a defensive rather than a proactive approach to annexation, one more conducive to reactive rather than long-range planning. In my view, the Council should enunciate a clear vision for the City's future 281 11/15/2007 rage 2 or 2 expansion --one compatible with the desires of current residents --and adopt a plan to achieve that vision. As you know, the Rancho Mirage City Council recently adopted a "no -annexation" policy north of I-10 after considering not only fiscal impacts, but demographic impacts of annexation, including shifts of voting power and changes in the mix and age of the City's population over time. Because, once developers see the possibility of a housing turnaround (many probably already do), La Quinta will undoubtedly hear a chorus of voices calling for annexation, the Council should perform a similar analysis now, before it sets the annexation process in motion. If the analysis indicates that, over the 30-year period of the fiscal impact study, a significant change in the character of La Quints, inconsistent with the desires of current residents, is likely to follow annexations, the Council should, in my opinion, either adopt a "no -annexation" policy similar to Rancho Mirage's or submit the annexation issue to La Quints. voters. 3. Piecemeal Annexations. Current LAFCO policy provides that annexations in VSR should be "inclusive." As proposed, the two active applications for annexation before the City are anything but. For this reason, among others, I expect to oppose these applications, and I believe many of my neighbors will do likewise. As you know, there exists substantial opposition to piecemeal annexation among VSR residents. Apart from depriving registered voters in VSR the opportunity to vote for or against annexation in accordance with the Cortese -Knox -Hertzberg Act (as Ellen Trover and I discussed in our January 29, 2007 letter to the Council), piecemeal annexations threaten to disrupt the orderly development of Vista Santa Rosa for which many of us on the VSR Planning Task Force have strived. Rather than working with VSR residents to implement land use goals and policies supported by a majority of those residents (which I believe are reflected in the County's 2003 General Plan and in the draft Land Use Concept Plan of the VSR Planning Task Force), developers will be encouraged to pit City against County in an attempt to win the most favorable land use deal for themselves. This would be bad policy and bad planning, and I urge the City Council to reject it. Council members have, in the past, acknowledged the desire of VSR residents to maintain the predominately rural character of their community. I would hope that the Council could formally embrace this community objective and, if it decides annexation to be in the best interests of the City and its residents, adopt a policy that requires'all annexations in VSR to (1) encompass only "inhabited territory" under the Cortese -Knox -Hertzberg Act and (2) substantially conform to the land use goals and policies reflected in the County's General Plan and the Task Force's draft Land Use Concept Plan. Thank you for your consideration. Sincerely, CHARLES F. RECHLIN cc: Doug Evans Les Johnson See whams new at AM.= and Make AOL Your Home age. 2SO? 11/15/2007 . l OD WAR I COUNCIL/RDA MEETING DATE: February 5, 2008 ITEM TITLE: Consideration to Adopt a Resolution for the Homelessness Committee's Strategic Plan RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The Coachella Valley Association of Governments (CVAG) Executive Committee endorsed the Homelessness Committee's Strategic Plan (Attachment 1). As part of this Strategic Plan, there are four strategic goals including the Development of Western Valley Capacity to Serve Homeless Individuals and Families; Development of Eastern Valley Capacity to Serve Homeless Individuals and Families; Development of Comprehensive Supportive Service Resources to be Housed within the Western and Eastern Multi -Service Centers (MSC:); and Marketing Campaign to Bolster Support for Multi -Service Centers (MSC). As the Committee begins to move forward with the planning of the site on McLane Street in North Palm Springs as the site for the Western Coachella Valley Multi - Services Center (MSC), it becomes critical to also have the member jurisdictions individually endorse the Strategic Plan. The endorsement by the member jurisdictions shows individual support by the cities on the goals and objectives as outlined in the Plan which provides for a collective and regional response to the growing homeless population in the Coachella Valley. 406 Also, as elements of the Plan are developed and implemented, financial support will be needed and resources are currently being researched by CVAG staff. A Finance Subcommittee of the Homelessness Committee has begun meeting. Topics include purchase price of the building; tenant improvement costs, operational costs and formula options, funding resources and contributions from the member jurisdictions. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Adopt a Resolution for Individual Endorsement of CVAG Homelessness Committee's Strategic Plan; or 2. Do not adopt a Resolution for Individual Endorsement of CVAG Homelessness Committee's Strategic Plan; or 3. Provide staff with alternative direction. Respectfully submitted, Edie Hylt n Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Homelessness Committee's Strategic Plan W RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ENDORSING THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS' HOMELESSNESS COMMITTEE'S STRATEGIC PLAN TO END, HOMELESSNESS WHEREAS, the Coachella Valley Association of Government's (CVAG) Homelessness Committee comprised of one elected official from each member jurisdiction and eight ex-officios from local homeless service providers, was established in October of 2006 to establish a regional effort to address homelessness in the Coachella Valley; and WHEREAS, the Homelessness Committee includes four Subcommittees, including Site Planning, Finance Planning, Program Planning, and Public Relations; and WHEREAS, with the assistance of facilitators, the Homelessness Committee held retreats with the intent of developing a Strategic Plan to End Homelessness in the Coachella Valley; and WHEREAS, the Strategic Plan, Exhibit "A," was configured to be in accordance with the broader recommendations of the County of Riverside's 10-year Continuum of Care Plan to End Homelessness; and WHEREAS, the goals of the Strategic Plan include the development of a regional Western Coachella Valley capacity to serve homeless individuals and families, a regional Eastern Coachella Valley capacity to serve homeless individuals and families, development of comprehensive supportive services to be household within both multi- service centers, and a marketing campaign to bolster support for the efforts; and WHEREAS, the three year, July 2007 through July 2010, Strategic Plan identifying four strategic goals, 12 objectives in support of the goals and 28 methods that will achieve the objectives and lead toward goal attainment was endorsed by the CVAG Executive Committee on July 30, 2007; and WHEREAS, the endorsement of CVAG's Strategic Plan also endorses the broader recommendations of the County's 10 Year Plan to End Homelessness; and WHEREAS, the CVAG Homelessness Committee: requests that CVAG's member jurisdiction recognize the importance of the Strategic Plan in providing a collective and regional response to the growing homeless population in the Coachella Valley; and Resolution No. 2008- CVAG Homelessness Committee's Strategic Plan Adopted: February 5, 2008 Page 2 WHEREAS, recognizing the need for long term funding needed to carry out the Strategic Plan, CVAG will continue to research and pursue viable financial resources on behalf of the Homelessness Committee; and WHEREAS, for the Strategic Plan to succeed, CVAG member jurisdictions acknowledge that the Homelessness Committee's Strategic Plan may include financial contributions from the member jurisdictions to carry out elements of the Strategic Plan. NOW, THEREFORE, BE IT RESOLVED that by adoption of this Resolution, the City Council of the City of La Quinta hereby declared endorsement of the Coachella Valley Aassociation of Government's Homelessness Committee's Strategic Plan to end homelessness. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 51" day of February 2008, by the; following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (SEAL) 409 EXHIBIT "A"i COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS' (CVAG) HOMELESSNESS COMMITTEE STRATEGIC PLAN to END HOMELESSNESS ° C � a0 JlC 3 July 2007 through July 2010 �+ Summary: During the spring of 2007 CVAG's Homelessness Committee (see Appendix A) embarked on a series of planning and resource exploration initiatives. The Committee made the strategic decision to coordinate valleywide planning efforts for homelessness under the broader recommendations developed as part of the County of Riverside's 10 Year Plan to End Homelessness (see Appendix B). Initially, two phases for the strategic planning process have been established. The first phase focuses on the development of two (2) Multi -Service Centers (MSC). Cook Street was determined to be the geographic easVwest boundary to serve as a context for sharing the burden of serving Valley homeless. One MSC will be developed east of Cook Street to serve the eastern Coachella Valley jurisdictions and the other MSC will be located west of Cook Street for service to the western Coachella Valley. The mission of the two MSCs will be to provide comprehensive support services to promote progress towards permanent housing and self-sufficiency. Both MSC's will be designed to provide one -stop access to resources for individuals and families experiencing homelessness or are at -risk of homelessness. Awide array of supportive services are envisioned including but not limited to basic amenities such as showering/personal care and laundry, to street outreach, transportation, childcare, medical care, mental health services, integrated case management, food and housing. The Homelessness Committee is currently supported by four subcommittees that have been established to work on the objectives detailed under each of this Plan's four Strategic Goals. These subcommittees are: Site Planning; Program Planning; Finance; and, Public Relations. CVAG Homelessness Committee 36 Month Plan 411 Phase Two of the planning will commence at such time that the activities in the first phase have moved towards implementation. Phase Two will focus on the recommendations in the County of Riverside's 10 Year Plan to End Homelessness that were not addressed during Phase: One. Encapsulated within a thirty-six (36) month timeline, this Plan will be operationalized in July of 2007 and is scheduled to conclude in July 2010. The Strategic Plan includes: 4 Strategic Goals 12 Objectives in support of the goals, and 28 Methods that will achieve the objectives and lead toward goal attainment Each goal has been given a timeline for completion and oversight responsibility has been assigned to CVAG's Homelessness Committee in order to carry out the work and to evaluate the measure of success associated with each unique Strategic Goal. CVAG Homelessness Committee 36 Month Plan Approved 7/30/07.Execut,ve Committee 2 Objective(s) Methods) Timeiine for Responsibility I Completion #1.1 Support the 4a Identify 3-5 sites 4a September 2007 CVAG creation/development 4b. Acquire best 4b December 2007 Homelessness of the Western Valley sites(s) Committee & Multi -Service Center 4c. Develop MSC 4c. December 2009 Subcommittees 1 #1.2 Support the 1a. Identify 3-5 sites I September 2007 CVAG creation/development 1b. Acquire best site(s) lb. December 2007 Homelessness I of 225 shelter beds 1 c. Develop shelter 1 c. June 2010 Committee & (50% for mdrvioualsand Subcommittees 50% for families) j #1L3 Support the 2a. Identify 3-5 sites 2a. September 2007 CVAG creation/development 2b. Acquire best 2b. December 2007 Homelessness of 225 units of sites(s) Committee & transitional housing 2c. Develop units 2c. June 2010 Subcommittees (6O for ndividuals and 40% for families #1.4 Support the 3a. Identify 3-5 sites 3a. September 2007 CVAG creation/development 3b. Acquire best 3b. December 2007 Homelessness of 200 units of sites(s) Committee & permanent 3c. Develop units 3c. June 2010 Subcommittees I supportive housing 1 (90% for individuals and 10% for families) #1 5 Provide rental 5a Identify subsidy 5a. June 2009 CVAG subsidies for 200 funding source(s) Homelessness units of permanent 5b. Determine vehicle 5b June 2009 Committee & affordable housing (o to for implementing and Subcommittees 3 oedroom FMRs) managing subsidy program CVAG Homelessness Committee 36 Month Plan - ,. proved 7/30107-Executive Committee 3 ' 413 Objectives) Method(s) Timeline for Responsibility I Completion #2.1 Support the 3a. Identify 3-5 sites 3a. September 2007 CVAG creation/development 3b. Acquire best sites(s) 3b December 2007 Homelessness of the Western Valley 3c. Develop MSC 3c December 200E Committee & Multi -Service Center Subcommittees 422 Support the 1 a. Identify 3-5 sites 1 a. September 2007 CVAG creation/development 1 b. Acquire best site(s) 1 b December 2007 Homelessness of 100 shelter beds 1 c. Develop shelter 1 c. June 2010 Committee & (60%for indivicuals and Subcommittees 409%for families) #2.3 Support the 2a. Identify 3-5 sites 2a. September 2007 CVAG creation/development 2b. Acquire best sites(s) 2b. December 2007 Homelessness of 250 units of 2c. Develop units 2c. June 2010 Committee & permanent Subcommittees supportive housing (90% for individuals and 10% for families) #2 4 Provide rental 4a Identify subsidy 4a. June 2009 CVAG subsidies for 200 funding source(s) Homelessness units of permanent 4b Determine vehicle 4b June 2009 Committee & affordable housing (o for implementing and Subcommittees to 3 bedroom FMRs) managing subsidy orooram CVAG Homelessness Committee 36 Month Plan Approved 7/30/07. Executive Committee 4 Objective(s) Method(s) � Timeline for Responsibility j 3.1 Deliver a wide array la Services providers will be I June 2008 CVAG of supportive services recruited to provide include: Homelessness In each of the two Committee & MSCs. Day to Day Site Mgmt. Subcommittees Intake and Assessment • Commercial Meal Prep. • Child Care • Laundry • Showers and Personal Care • Mailboxes • Learning/Resource Center • Physical Health • Behavioral Health • Dental Care Mainstream Benefits • Storage Lockers • Security • Food Pantry Clothing • Job Training/Day Placement Transportation • Kennels for Pets • Parking • Sobering Unit • Bus Stop • Immigration Services Recreation Services • Cottage Industries 3.2 Secure funding to 3a. Secure revenues to fully September 2008 CVAG support the annual pay for service delivery and Homelessness operating costs of each administration of programs for Committee & of the two MSCs each of the two MSCs. Subcommittees CVAG Homelessness Committee 36 Month Plan Approved 7l30/07-Executive Committee 5 115 Objective(s) i 4 1 Build public support for both MSCs within the I Coachella Valley. Method(s) Timeline for I Completion 1 a To hold 2 Town 1 a. December 2007 Hall Meetings 1 b To develop 1 b. May 2008 policies that will govern the MSCs to demonstrate effective oversight 1c. Promote pro- 1c. Immediate and homeless articles in On -going valley newsletters I To create CVAG 1d. December 2007 website on proiects for public to track progress 1a.Hold 1e.Immediate and informational On -going workshops for valley faith -based partners 1f. Encourage if. December 2007 broader 211 linkage marketing campaign 1g. Make 1g. Immediate and presentations to On -going valley Chambers of i Commerce I th. Make 1h. December 2007 presentations to valley City Councils 1 i Make 1 i. Immediate and On - presentations to going Desert Resorts and Tourism trade associations 11 Incorporate any 11 Immediate changes from public input into the Strategic Plan I ' Responsibility Committee & Subcommittees CVAG homelessness Committee 36 Month Plan Approved 7130/07-Executive Committee 0 416 Appendix A CVAG's Homelessness Committee Members Last Name First Name Jurisdiction/Agency Title Subcommittee VOTING MEMBERS'. Ramos -Watson Lupe Indio Mayor Pro Tem Public Relations, Chair Committee Chair Vasquez Chuck Cathedral City Councilmember Site Planning Committee Vice Chair Villarreal Jesse Coachella Mayor Pro Tem Public Relations Parks Yvonne Desert Hot Springs Counctlmember Site Planning Mullany Patrick Indian Wells Councilmember Program Planning Osborne Lee La Ounta Councilmember None Selected Benson Jean Palm Desert Mayor Pro Tem Public Relations Foat Ginny Palm Springs CoUnctmember Site Planning, Chair Seman Alan Rancho Mirage Councilmember None Selected DeLara Leticia County of Riverside Legislative Assistant Finance Planning EX•OFFICIO MEMBERS: Riddle Frankie City of Palm Desert Dir of Social Services Public Relations Burkett Darla CV Rescue Mission Executive Director Program Planning, Chair Johnson Chuck Episcopal Com. Service Program Manager Program Planning Bass Dan Jewish Family Service Executive Director Program Planning Castorena Claudia Martha's Village Division Director Program Planning McAdara (6/07) Kathy SafeHouse of the Desert Executive Director Public Relations (Merritt) (Karen) Kramer Jeffrey Shelter from the Storm Chief Financial Officer Finance Planning McMicheaux Tahlib The Well In the Desert Dv of Social Services Site Plannino STAFFSUPPORL Kerr Aurora CVAG Community Resource Dir Finance Plammno Stewart, PhD Ron County of Riverside DPSS Adm n Manager Process Facilitator CVAG Homelessness Committee 36 Month Plan Approved 7/30M7. Executive Committee 417 CVAG's Homelessness Committee Members Last Name First Name STAFF SUPPORT cont'd Marquez Maria Lundquist, PhD David Hutchinson Jon Ramertz Emilio White Jody Cook Dale Jurisdiction/Agency Title County of Riverside County of Riverside County of Riverside County of Riverside County of Riverside Palm Springs Mental Health Setvice Mgt Mental Health Reg Mgr Dep Dir Real Estate Edon Development Sta'f Analyst Cornmumty Dev Admin Subcommittee Finance Planning Program Planning Site Planning Finance Planning, Chair None Selected Program Planning CVAG Homelessness Committee 36 Month Plan - Approved 7/30/07-Executive Committee 8 41n Riverside County's 10 'Year Plan to End to Homelessness (draft and not yet adopted by the County Board of Supervisors) The First Five Years of Implementation (2007-2012) Area of Core Focus Recommendations Target Date for Completion $Prevention Preventing New 1. New Strategies (including 2007-2012 Homelessness Multi -Service Centers)_ 2. Discharge Planninq Coordination 2007-2012 s Ending Chronic 3, Street Outreach Teams (1+ in each 2007-2012 and Episodic Su ervisorial District beds 2007-2012 Homelessness 4. Shelter Bed Creation (150 County -wide) 5. Transitional Bed Creation (225 beds 2007-2012 County -wide) 6. Perm. Supportive Housing Creation 2007-2012 500 beds County -wide) 7. Permanent Affordable Housing 2007-2012 Creation 1,500 units County -wide) 8. Provider Participation in HMIS (all 2007-2008 HUD funded beds first priority) 9 Mainstream Resources — Berefit 2007-2009 Application Streamlining (County Creating 10.Housing Trust Fund Creation 2007-2008 Resources to 11.Inclusionary Housing Policy Adoption 2007-2010 Combat (County -wide and Locally) Homelessness CVAG Homelessness Committee 36 Month Plan Approved 7/30/07.E.xecutive Committee 9 41� Appendix C Notes on Site Selection and Capital Development • East and West MSCs & housing products (shelter, transitional and permanent supportive housing) may be on one large site or divided up and scattered. • If on one site - site should be 10 acres or more I • Ideal zoning includes commercial, high density mixed use. • Sites must be appropriately located to community amenities in order to score points for funding applications (e.g, markets, transportation, libraries, employment, etc.). • County unincorporated land would be preferable. • First priority to be the development of the Western MSC. • MSCs may require 16,000 square feet of usable space and require ample on -site parking for customers and staff CVAG Hcmeiessness Committee 36 Month Plan Approved 7/30I07-Executive Committee 10 0 Twr ^F 4w4�w F`y OF COUNCIL/RDA MEETING DATE: February 5, 2008 ITEM TITLE'c Discussion of Funding Options for Landscape and Lighting Assessment District 89-1 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMIENDATION: Provide direction to staff regarding the proposed funding concepts for Landscape and Lighting (L & L) Assessment District 89-1 . FISCAL IMPLICATIONS: 2006/07 Actual 2007/08 Budgeted Landscape and Lighting Assessments $2,016,399 $2,021,240 General Fund Park Maintenance $1,414,337 $1,417,780 Total Landscape and Lighting and Parks Expenditures $3,430,736 $3,439,020 Less CSA 1152 Revenue $210,000 $210,000 Less Balance to Levy $916,545 $916,545 Total General Fund Contribution $2,304,191 $2,312,475 Equivalent Dwelling Units (EDU) 25,746 25,746 Levy Per (EDU) $35.60 $35.60 CHARTER CITY IMPLICATIONS: As the City pays for these services using local funds, the City's landscape contractor is not required to pay prevailing wages. BACKGROUND AND OVERVIEW: In 1989, the City Council formed a Citywide L & L Assessment District to fund costs associated with the maintenance, construction and servicing of City street landscaping, lighting, traffic signals, and appurtenant facilities. 421 This district was formed under the Landscaping and Lighting Act of 1972. Proposition 218, which became effective in 1997, limits the City's ability to increase the annual assessment without a general vote of the City's population. As a result, the City's annual assessment has remained at $35.60 per EDU since 1995. At that time, the City Council directed a flat rate for all residents under one citywide assessment district, as opposed to separate assessment district zones with different rates for each zone. This direction has been followed through all subsequent engineers' reports to date. During the review and approval of the Fiscal Year 2007/2008 engineer's report for the L & L Assessment District 89-1, on April 17`h, 2007 the City Council asked staff to bring back information on funding options in order to reduce the burden of the L & L district orl' the General Fund. It should be noted that although parks maintenance, irrigation, land lighting costs are included in the L & L District Budget, assessments have always been based on the cost to maintain landscape and lighting within the right-of-way and drainage facilities only in accordance with the 1972 Act. Park maintenarce costs have become a greater portion of the L & L District Budget as more of these facilities have been constructed by the City. On November 6, 2007, City Council asked staff and Muni -Financial to clarify the use of user fees' as a source of funding f�r the L & L District. In 2006 staff estimated that at the current City limits at build -out the City would receive approximately $1,315,000 from 36,950 EDU's while expenditures for right of way maintenance only would increase to approximately $1,617,000 for an anticipated approximate deficit of $304,000/year in 2025. Parks maintenance costs would be in addition to this amount. Staff has reviewed options with the City's Assessment District Consultant, MuniFinancial, and found that due to the restrictions of Proposition 218 and other taxpayer protection initiatives, there are few mechanisms available to the City for recouping i park maintenance costs or for easily raising assessments to cover maintenance costs within the right-of-way. Although the following options might not be viable for the City at this time, MuniFinancial will cover these in greater depth at the Study Session. Here are some of the options City Council may want to consider: Special Taxes/Mello-Roos Community Facilities District (CFD) Special taxes may be charged on a per parcel basis for items such as public safety or commun4y parks that benefit the City as a whole, either through the same Government Code provisions under which the fire protection special tax was proposed or levied 'by a CFD formed under the Mello -Roos Community Facilities Act, which would be! governed by the City Council. Special taxes do not require establishing special benefit, but are restricted in that they may only be used for a particular public service or, public facility. Special taxes do, however, require a Super Majority (2/3 of registered voters) to be approved. Special taxes have been used for maintaining 422 recreational facilities within CFD's in other cities. 2. Assessment Districts Assessment Districts are based on special benefits certain members of the public enjoy that others do not. Because of these special benefits, members of an assessment district are assessed for those improvements. Assessments have been used in La Quinta as well as other cities for such things as parkway and median landscape maintenance because these improvements are located in close proximity to their development. However, assessment districts are difficult to use for maintaining regional parks because persons living closer to parks would have to pay a higher rate than the general public due to their proximity to those facilities. The assessments would be capable of being attacked as too "general" as to their benefits, if the assessment formula did not give weight to a property's proximity to the park facilities. Assessment districts require a simple majority assessment balloting procedure of those persons within the boundary of the district to approve new or higher assessments. Because there is typically only one property owner at the beginning of a development project, many cities require developers to form an assessment district as a condition of subdividing the property in order to pay for maintenance of all public improvements that are of special benefit to that development. Future owners within the development are then automatically included in the assessment district when they purchase their property. Utilizing its charter city power, La Quinta could devise its own assessment procedure for landscape, lighting, and parks, which differs from general state law. 3. User Fees User fees,are charged directly to members of the public using public facilities similar to fees charged at libraries or other facilities. Users pay directly for the use of that facility. These fees would normally be adopted by ordinance during a Public Hearing and must be related to the actual costs associated for using that facility. If the "user fee" were deemed to be "property related" (i.e., payable by all properties in La Quinta regardless of actual use) the user fee would be subject to the requirements of Proposition 218 for a noticed public hearing and a majority vote at a special election. User fees' are included here as a possible source of additional funding for City parks. At the November 6, 2007 Council Meeting, there were questions from Council regarding the above statement that attempts to define the difference between a "user fee" and a "property related" fee. The intent of the statement is not to offer a user fee as an alternative to an assessment or tax that can be placed on the property tax bill, but rather to warn that a user fee has to be correctly associated with the actual use of the facilities or services; otherwise, it would be subject to the requirements of Prop 218. The important point to note here is that even if the majority vote requirement for a user fee may be lower than a special tax, the fee would have to comply with the other requirements of Prop 218 which include "special benefit". A user fee could not be charged to all properties, or else the fee would essentially turn into an assessment. A user fee is associated with the voluntary use of the service or facility. A user fee generally would not be collected on a property tax bill. The suggestion to charge the same user fee for all properties in La Quinta, on the property tax bill, to circumvent the super majority vote requirement of a special tax would turn the user fee into a property -related fee, and therefore subject to the same statutory requirements as an assessment. Specifically, the special benefit nexus requirement that would, in this case, necessitate "zones" of benefit with varying assessment rates. Because of the restrictions to modifying existing assessment districts under Proposition 218, no changes are recommended at this time for the existing L & L Assessment District 89-1 . However, staff and Muni -Financial will continue to monitor legislativechanges that might allow the City to recover more of its cost for maintaining lighting, landscaping and parks in the future. FINDINGS AND ALTERNATIVES: As deemed appropriate by City Council. Respectfully submitted, imothy R. oU/'n`/ems on, P.E. Public Wor s D ector/City Engineer Approved for submission by: Thomas P. Genovese, City Manager 424 REPORTS & INFORMATIONAL ITEMS: COMMUNITY SERVICES COMMISSION MINUTES December 10, 2007 CALL TO ORDER A regular meeting of the Community Services Commission was called to order at 5:30 p.m. by Chairperson Weber. Commissioner Sylk led the audience in the Pledge of Allegiance. COMMISSIONERS PRESENT Commissioner Sheldon Brodsky Commissioner Andrea Gassman Vice -Chairperson Bob Leidner Commissioner E. Howard Long Commissioner Dori Quill Commissioner Robert F. Sylk Chairperson Mark Weber STAFF PRESENT: Edie Hylton, Community Services Director Steve Howlett, Golf & Parks Manager Angela Guereque, Community Services Senior Secretary PUBLIC COMMENT None. CONFIRMATION OF AGENDA Motion', It was moved by Commissioner Gassman and seconded by Commissioner Sylk to confirm the agenda. Motion carried unanimously. PRESENTATIONS: None. APPROVAL OF MINUTES 1 Approval of November 19 2007 Minutes Ms. Guereque noted that the header throughout the minutes has the incorrect date Commissioner Quill noted that on Page 3 at the bottom, where it says "Commissioner Quill feels that $4,000 is nothing to pay out of the APP account," she thought she said $3,000 is nothing to pay out of the APP account of approximately $500,000. 425 CemmumtServices Commission Mirnrte., Decemher 10, 2007 Commissioner Quill asked if the motion for Mural #2 at the bottom of Page 4 was for the full price of $8,000 or lower with the discount from the artist. Secretary Guereque stated that the two motions were each made at the full price with the discount; coming afterwards. Chairperson Weber stated that he would like a comment added to the minutes that the artist will give the discount since both murals were approved. Commissioner Quill noted that in the middle of Page 5 under the motion, it should be clarified that the Commission based this on the longer volunteer time. Commissioner Gassman stated that the Commission did not base the vote or volunteer time, but on residency. Commissioner Quill stated that on Page 6 noted that she attended Trails Day and attended Trails Day. under Commissioner Items, it should be Stargazing and Commissioner Gassman Chairperson Weber asked the Secretary to check the recording so the minutes reflect what was actually expressed and/or commented on in the meeting. Commis lsioner Gassman noted that on Page 3 under Business Item No. 1, Paragraph 1 should read "expresses" not "express's." Motion It was moved by Commissioner Sylk and seconded by Commissioner Gassman to approve the minutes as corrected. Motion carried unanimously. CONSENT CALENDAR None. ' PUBLIC,HEARING None. BUSINESS ITEMS 1. Consideration of an Art in Public Places Strategic Plan. Director Hylton explained that this Art in Public Places (APP) Strategic Plan is identified in the Community Services Commission Work Plan. Commissioner Brodsky stated that he felt this was a wonderful report and thanked staff for their efforts. He asked if the City owned any other pieces by artist John Kennedy besides the Solitude at the Senior Center. Director Hylton stated she believed the other piece the City owns is the Spirit of La Quinta by that same artist. Commissioner Sylk agreed with Commissioner Brodsky and noted that the new APP contracts should have some kind of language stating that the City owns the 126 o Min ue, Deremher 1Q, 2OD7 art piece and can move it from its original location. Director Hylton stated that legal counsel is putting together language which will give the City the right to move art piece's that the City owns. In all cases, we didn't automatically take ownership and ongoing maintenance. The most recent agreement we have for the Andalusia piece, because of its size, is for TO Desert to own and be responsible for the maintenance. Commissioner Long stated that the report is excellent and noted that he has concerns with the City not having rights to relocate art pieces. Director Hylton stated that staff is working with the artist of the Highway 1 1 1 /Washington Street Gem of the Desert piece to make some changes to the art piece to either remove or modify it. At this point, the artist is not ready to move it, but efforts are continuing to see if there are any alternatives to the situation. Commissioner Gassman stated that she felt this was a fabulous report and congratulated the staff. She stated she enjoyed reading the difference of how artist's purchased or loaned pieces to the City. Director', Hylton stated that there are documents on the website for developers to apply for constructing an APP piece. One of the other reasons staff wanted to get this plan before the Commission is because of the Museum and how we might handle art in the museum, art on loan, art from other museums, and historical documents on loan. Vice -Chairperson Leidner stated that the plan was very informative and liked the comment about developing an artist registry. Director Hylton stated that the La Quinta 'Arts Foundation has offered to help staff with this because they have access to a number of artists. Chairperson Weber stated that this is a great guide and plan. Making the art more visible with placards and occasional tours are good ideas. He reminded staff to update the recommendations as pieces are completed. Chairperson Weber asked if there could be a minimum time frame put on the APP map to assist people with seeing the pieces. Commissioner Gassman commented that some person may spend 10 seconds at a piece and others may spend a half hour at each piece. Director Hylton suggested a comment stating "Enjoy an afternoon or a morning" or placing an art tour online. Commissioner Long asked if the new art locations could be added to the current APP map. Director Hylton stated that once the new projects are done, the map will be redone with all the new art locations. Chairperson Weber asked if the Commission would have an annual review of this plan. Director Hylton stated that staff will get this plan in place and tie the goals into the Community Services Commission Work Plan. 427 Crrnmin+.� Sernce=s Corn nvss�oi7 fViinui es Decemhar 10, 2.007 4 Chairperson Weber asked if there was a way to enhance, expand, ana support performing arts. Director Hylton stated that we might not be able to use APP funds for performing arts because it is not a permanent amenity, but if the Commission feels this is a good idea, staff would tie it into the Community Services Work Plan. There is a plan for a Blackbox Theatre at SilverRock Resort. Commissioner Sylk asked if the art pieces in the APP are only what the City has purchased and selected. Director Hylton stated that the APP includes Developer requested art pieces; Civic Center art purchases; donated art pieces; and art on loan. Commissioner Sylk asked what process could be taken if a Commissioner found an art piece that they felt could be part of the APP. Director Hylton stated that a recommendation could be brought to the Commission for consideration to be forwarded to the City Council. Commissioner Quill asked if the Art Map had a cost of $6 each. Director Hylton stated that she believed that was the cost of the current Art Map for design and printing.', Commissioner Quill asked if these maps are passed out very much and where people can get them. Director Hylton stated these maps are available at the front desk in City Hall and at the Chamber of Commerce. Staff is currently looking into new printers for the Art and Bike maps at a lower cost. Motion I— It was moved by Commissioner Sylk and seconded by Commissioner Gassman to recommend the Art in Public Places Strategic Plan for 2007-2008. Motion carried unanimously. Commissioner Brodsky stated that the cities of Palm Springs and Rancho Mirage hold architectural tours and suggested the City of La Quinta have a bus tour of the art pieces. Chairperson Weber stated that occasional APP tours for citizens are listed as a recommendation in the Strategic Plan. Director Hylton stated that staff could get some ideas for a tour from the City of Palm Desert. 2. Consideration of an Additional Commissioner to Attend the CPRS Conference February 26-29, 2008. Director Hylton explained that the Community Services Commission now consists of seven Commissioners and it would make sense to allow for more Commissioners to attend this annual conference. Since staff has only one Commissioner budgeted this year, if the Commission recommends a request to send additional Commissioners this year, staff would then take this report to City Council asking for an appropriation of funds. Commissioner Gassman stated that there are three Commissioners who have not been to this conference and maybe the Commission could consider more than two. This conference was a great experience and gave a better understanding of the Community Services Commission. 428 ;,,rn:rrr,t4, Serr,:es Ctrntaisc;.m` f�n.n.nes December 10, 2007 Chairperson Weber asked if this was something that the Commission wanted to go back to the City Council to ask for an additional budget item. Commissioner Sylk commended Commissioner Quill's enthusiasm, but felt that this item could be brought up in the future to let the Commission decide to send more or less Commissioners to this conference. Commissioner Sylk stated that the Commission has already voted and made a selection on the attendance to this conference and would like to stand by the original decision. Commissioner Quill asked what the monetary amount was for a Commissioner to attend. Director Hylton stated the amount is $1,019 as per the staff report. Commissioner Quill asked how much the Community Services budget was. Director' Hylton stated that the total budget for Community Services including SilverRock Resort is just under $8 million. Commissioner Quill stated the Planning Commission sends the whole Commission and the Historical Commission sends the whole Commission to training every year. As a new Commissioner, she would like to learn now rather than later and feels this conference would be a real benefit to her. Commissioner Long stated that this issue was not raised at the time of the original vote and it should be considered next year. He didn't feel that last year he would have been ready to attend such a conference. After having put in some time and seen some of the things the Commission deals with, there is a good understanding of where things can be fixed and brought back from the conference. Commissioner Gassman stated she had served on the Commission for awhile before attending this conference. The experience on the Commission first was helpful. Once the conference was attended, a full report was brought back to the Commission to make everyone feel like they were included with what went on. Commissioner Brodsky stated that he served on the Cultural Arts Commission for over three years and no one was ever sent to a conference. He asked if the purpose of this Conference is for Commissioners to share what they learn. Director Hylton stated that the conference is for individual training and to share with others. Commissioner Brodsky stated he was comfortable with Commissioner Long attending and sharing. Vice -Chairperson Leidner stated he was glad that he had the opportunity to attend the conference. Most of the seminars at the conference could have been summarized in about 2 minutes. It is a good experience for everybody to get the opportuinity to go once; a second time is not a worthwhile expenditure of the City money., One Commissioner attending per year is sufficient and they should come back and highlight their experience for the rest of the Commissioners. Motion - It was moved by Commissioner Sylk and seconded by Commissioner Brodsky to not recommend an additional Commissioner to attend the California 42,9 Cnrnw,r,,tY So:. ,cos Cnmrm�ss Dererncer 14 20:7? Parks and Recreation Society's Annual Conference in Long Beach, California, February 26-29, 2008. Motion carried with Commissioner Quill opposing. Chairperson Weber stated this is an opportunity to look at where we go in the future. When someone attends this conference they should come back and present and share the knowledge learned. Director,Hylton asked if the Commission would like to see more people attending next year and if staff should plan for that in the budget. Chairperson Weber stated that the consensus was that this was not an appropriate use of the public resources. Commissioner Quill said that we are talking about .08% of the budget. Vice -Chairperson Leidner stated he felt the money could be better spent on something else. Motion - It was moved by Commissioner Long and seconded by Commissioner Gassman to recommend staff continue to budget for one Commissioner per year to attend the California Parks and Recreation Society's Annual Conference. Motion carried with Commissioner Quill opposing. Commissioner Quill stated that she doesn't understand the fiscal conservatism over this issue and wondered if there are some hard feelings because she asked to go to this conference when nobody else showed an interest in wanting to go. Chairperson Weber stated that this Commission just became the largest Commission. There is a history of how we have been doing things and whether it is an appropriate use of public resources. Whether the Planning Commission, Historical Commission, or Finance Commission does it another way is not necessarily an impact to the decision being made here, it is what the Community Services Commission thinks is the best use of their resources and if it is an appropriate expenditure for the citizens. Chairperson Weber understands Commissioner Quill's budget comparison, but does not feel that the Commission is thinking about it that way. Commissioner Sylk stated to Commissioner Quill that this in not anything against her personally. We are all doing the best we can for the City that we represent. When a motion is made and you are defeated we have to accept that majority rules and move onto the next thing. We all work together and it is nothing personal. CORRESPONDENCE AND WRITTEN MATERIALS 1 . Monthly Department Report for October 2007 Director Hylton stated that the rental revenues were down due to the library closure. Resident card revenues are down due to 3-year membership cards. Cn;nwwj,y senv'aOs Comrc,issior Minuies December 10, 2007 7 Commissioner Brodsky stated that he used to be a member of the Senior Center for $5 year. No one has ever sent a reminder for another $5 and feels that this was a great source of revenue for the Senior Center. Director Hylton stated that this membership is actually through the Friends of the Senior Center nonprofit group. Vice -Chairperson Leidner asked about the increase in sports field revenue. Director Hylton stated that there were more teams in football and adult soccer. Chairperson Weber stated the Fitness Center is doing wonderfully and this will be an item for discussion later in the year about the direction of the Fitness Center and what the citizens and City Council expect. It is nice to see staff trying new programs. 2. Calendar of Monthly Events Commissioner Gassman stated that part of the Tree Lighting events were conducted inside and felt it was a great improvement although the sound could be improved. Generally, having the tree lighting and candy cane hunt outdoors, and then having everyone come into the building was a huge success and suggested encouraging the audience to sing along to the songs next year. Commissioner Sylk stated that the food at the Open House at City Hall was great. Vice -Chairperson Leidner stated he was a little surprised that there are events scheduled during the Bob Hope Chrysler Classic. Director Hylton stated that the celebrities play at SilverRock Resort on Wednesday, January 16, 2008. 3. Coachella Valley Recreation & Park District Revenue/Expense Report Chairperson Weber asked if the fees and charges in General Revenue of $145,000 are just for La Quinta activities. Director Hylton stated that the $145,000 in revenue is all the money collected for La Quinta programs fees and charges. The debt service payment shown on the report is for improvements made to the La Quinta Community Park and facilities several years ago. Chairperson Weber stated that if you look at revenue over expenses, revenue is pretty significant over expenses even when including paying the debt service and capital projects leaving a positive balance of approximately $80,000. Commissioner Quill asked if the numbers were the same last year. Director Hylton stated this report has not been provided to the Commission for several years. Commissioner Quill stated that if the District has a balance of $80,000 every year we should be concerned. Director Hylton stated that staff will continue to ask for this report on an annual basis. 431 Com,.assiur RIui nos L'�er;cn�ht;r "Ci, 2407 8 Commissioner Long stated that if Coral Mountain wasn't included we would be seeing an even greater increase in net revenue. CVRPD is taking away more than providing. The Commission should watch this for possible adjustments. Chairperson Weber stated that the consensus of the Commission is to receive this report on an annual basis. COMMISSIONER ITEMS 1. Reports from Commissioners Regarding Meetings Attended Commissioner Sylk attended the Open House. Commissioner Quill attended the Open House. Commissioner Long attended the Tree Lighting Ceremony. Commissioner Gassman attended the Open House and the Tree Lighting Ceremony. Commissioner Brodsky attended the Open House and the Tree Lighting Ceremony. Chairperson Weber attended the Open House and the Tree Lighting Ceremony. OPEN DISCUSSION ADJOURNMENT 1. It was moved by Commissioner Sylk and seconded by Commissioner Long to adjourn the Community Services Commission meeting at 6:53 p.m. Motion carried unanimously. NEXT MEETING INFORMATION: A Regular Meeting of the Community Services Commission to be held on January 14, 2008 commencing at 5:30 p.m. in the La Quinta Senior Center, 78-450 Avenida La Fonda, La Quinta, CA 92253. S mitt by: I Angela Guereque Community Services Senior Secretary 432 Department Report: I—A- � T ti NOFT TO: The Honorable Mayor and Members of the City Council FROM: Bret Plumlee, Assistant City Manager DATE: February 5, 2008 SUBJECT: Department Report - Response to Public Comment The following) public comment was made at the January 5, 2008 City Council meeting: 1. Dan Johnson, 801 E. Tahquitz Canyon Way, Palm Springs, attorney with Schlecht, Shevlin and Shoenberger, which represents La Quinta Motor Coach Inc;, stated he thought the Dec 18, 2007 City Council meeting minutes indicated a business or study session was to be set for the purpose of reconsidering the amount of the mitigation impact fee. Since it was not on this agenda, he asked if it would to be considered on a future agenda. After discussion from Council members, it was agreed they would ask staff to bring this item back as a business item in the future. 2. 2. Joe Hammer, P.O. Box 278, Palm Desert, has concerns with the delay on the mitigation impact fee decision. He is being pressured from many sides regarding his forty acres. He stated if the Council desires his property to become a part of the City, it will have to provide the numbers in order for him,to make a decision. 3. Brett Kelly, 4041 Dogo Road, La Canada, also expressed he would like to move forward with residential projects on his land, but cannot do so without the (mitigation impact fee decision finalized. He asked the City Council to move forward on the residential portion of their decision. PA Tw�t 4 * COUNCIL/RDA MEETING DATE: February 5, 2008 ITEM TITLE: Public Hearing to Consider an Ordinance to Establish a Local Development Mitigation Fee for Funding the Preservation of Natural Ecosystems and Adoption of a Resolution Adopting the Local Development Mitigation Fee Schedule Applicable to New Development within the City in Accordance with the Coachella Valley Multiple Species Habitat Conservation Plan RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Motion to take up Ordinance No. _, by title and number only and waive further reading. Motion to introduce Ordinance No. on first reading establish a Local Development Mitigation Fee for funding the preservation of natural ecosystems. Adopt a Resolution of the City Council adopting the Local Development Mitigation Fee Schedule!applicable to new development within the City in accordance with the Coachella Valley Multiple Species Habitat Conservation Plan. FISCAL IMPLICATIONS: Implementation of the Multiple Species Habitat Conservation Plan (MSHCP) is designed to be self -funding and no assessments are required of the Permittees. A large portion of the MSHCP is to be funded from the Local Development Mitigation Fee (LDMF), tipping fees and infrastructure mitigation payments from the Coachella Valley Association of Governments (CVAG), Coachella Valley Water District, Caltrans, and the Imperial Irrigation District. Additional funds are also anticipated from a conservation trust fund, transfer from the Fringe toed Lizard Habitat Conservation Plan Endowment and interest on investments. Projected revenue from the Local Development Mitigation Fee is anticipated to be approximately $516,802,000 over the first 50 years of Plan implementation, based on the updated Nexus Study prepared in January 2007. Assuming an annual increase in land value of 3.29%, the total cost for the land acquisition program over 30 years is estimated to be $526,705,000. The Coachella Valley Conservation Commission (CVCC) proposes to complete the acquisition program in 30 years to minimize costs and potential land use conflicts. CHARTER CITY IMPLICATIONS: None. d' ;..G„ 434 BACKGROUND AND OVERVIEW: As a Permittee under the Coachella Valley Multiple Species Habitat Conservation Plan (MSHCP) the City must take certain actions, including approval of the MSHCP, Implementing Agreement (IA) and CEQA Responsible Agency Findings to effectuate the Plan. The City completed these actions on October 16, 2007. Another action the City must! take to prepare for implementation of the MSHCP is approval of a Local Development Mitigation Fee (LDMF) on new development within the Plan area in order to meet the conservation goals set forth in the MSHCP. The LDMF imposed on new development projects will be a primary source of funding for the habitat acquisition program under the MSHCP. The legal and policy basis to support the adoption of the LDMF by local agencies in the Coachella Valley is provided in the LDMF as well as the Nexus Report. A copy of the Nexus Report is included for your review (Attachment 1). The LDMF is necessary for issuance of the Permit as the Wildlife Agencies require Local Permittees identify sufficient funding for implementation of the MSHCP. The LDMF will, be specifically used for land acquisition and related costs. New development affects the environment directly through construction activity and cumulatively through the activities of the population bases that result from development. Government Code Section 66000 et. seq. allows cities and counties to charge for the costs of mitigating new development impacts. All new development projects on vacant or partially vacant lands regardless of location will have direct and cumulative impacts on species and existing or potential habitat, and natural communities. New development also causes a need for and benefits from the installation of public infrastructure. Without new development no further habitat conservation to mitigate for development impacts would be needed in the MSHCP boundary;, Therefore, there is a reasonable relationship between the need for habitat conservation and all types of residential and nonresidential development throughout. The proposed LDMF would be $5,730 per acre, with a per unit fee for residential development. The residential fee per unit for a density of 0-8 units per acre would be $1,284. The fee schedule in 2008 dollars is as follows: Local Development Mitigation Fee Cost Per Acre Average Lot Size Fee s Per Acre $5,730 .22 $1,284 Units Per Acre [1: $5,730 0.09 $ 533 nits Per Acre $5,730 $ 235 tialial $5,730 NA $5,730 l $5,730 NA $5,730 435 The Coachella Valley Conservation Commission (CVCC) will monitor the implementation of the residential fee approach over time and propose adjustments to the four categories if conditions warrant. The Fee Ordinance provides for an annual CPI adjustment based upon the Consumer Price Index for "All Urban Consumers" in the Los Angeles -Anaheim -Riverside Area, measured' as of the month of December in the calendar year which ends in the previous Fiscal Year. There will also be a provision for the fee to be reevaluated and revised should it be found insufficient to cover mitigation of new development. As required by State law, the CVCC will update the Nexus Study at least every five years, and more often if deemed necessary, to ensure that the LDMF is adequate over the life of the acquisition program to fund the necessary land acquisition and land improvement. All LDMF 'revenue and habitat acquisition expenditures will be accounted for in a Land Acquisition and Improvement Fund, which will be managed by the CVCC. The projected revenue from the LDMF is anticipated to be approximately $516,802,000 over the first 50 years of MSHCP implementation, as shown in Table 5-2b of the MSHCP (Attachment 2). For purposes of projecting revenue, the MSHCP assumes the fee increases 3.29% annually, as shown in Table 5-3c of the MSHCP (Attachment 3). In addition to the LDMF, other funding sources will also contribute to implementation of the Plan. These sources include, but are not limited to, landfill tipping fees, transportation project mitigation, other mitigation funds for regional infrastructure projects and interest on investments. CVAG and CVCC staff will be available to assist the Local Permittees with development of administrative guidelines for the LDMF program. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Motion to take up Ordinance No. _, by title and number only and waive further reading. Motion to introduce Ordinance No. _, on first reading establish a Local Development Mitigation Fee for funding the preservation of natural ecosystems. Adopt a Resolution of the City Council adopting the Local Development Mitigation Fee Schedule applicable to new development within the City in accordance with the Coachella Valley Multiple Species Habitat Conservation Plan; or 2. Do not approve the Development Mitigation Fee; or 3. Provide staff with alternative direction. Respectfully submitted, on, Planning Director Approved for submission by: 2�1. mas P. If Thomas P. Genovese, City Manager Attachments: 1. Nexus Study 2. Table 5-2b of the MSHCP 3. Table 5-3c of the MSHCP ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTATO ESTABLISH A LOCAL DEVELOPMENT MITIGATION FEE FOR FUNDING THE PRESERVATION OF NATURAL ECOSYSTEMS IN ACCORDANCE WITH THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN CVMSHCP — MITIGATION FEE WHEREAS, the City Council of the City of La Quinta, California ("City") finds that the ecosystems of the City, the Coachella Valley and surrounding mountains located in central Riverside County, and the vegetation communities and sensitive species they support are fragile, irreplaceable resources that are vital to the general welfare of all residents; and WHEREAS, these vegetation communities and natural areas contain habitat value which contributes to the City's and the region's environmental resources; and WHEREAS, special protections for these vegetation communities and natural areas must be established to prevent future endangerment of the plant and animal species that are dependent upon them; and WHEREAS, adoption and implementation of this Ordinance will help to enable the City to achieve the conservation goals set forth in the Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan ("MSHCPI'), adopted by the City Council on October 16, 2007, to implement the associated Implementing Agreement executed by the City Council on October 16, 2007, and to preserve the ability of affected property owners to make reasonable use of their land consistent with the requirements of applicable laws, which could include the National Environmental Policy Act ("NEPA"), the California Environmental Quality Act („CEQA"), the Federal Endangered Species Act ("FESA"), the California Endangered Species Act ("CESA") and the California Natural Community Conservation Planning Act ("NCCP Act"); and WHEREAS, the purpose and intent of this Ordinance is to establish a Local Development Mitigation Fee to assist in the maintenance of biological diversity iand the natural ecosystem processes that support this diversity; the protection of vegetation communities and natural areas within the City, Coachella Valley and surrounding mountains located in central Riverside County which are known to support threatened, endangered or key sensitive populations of plant and wildlife species; the maintenance of economic development within the City by 433 Ordinance No. CVMSHCP Mitigation Fee Adopted: Page 2 providing a streamlined regulatory process from which development can proceed in an orderly process; and the protection of the existing character of the City and the region through the implementation of a system of reserves which will provide for permanent open space, community edges and habitat conservation for species covered by the MSHCP; and WHEREAS, the findings set forth herein are based on the MSHCP and the studies referenced therein, and the estimated acquisition costs for such property as set forth in the MSHCP, a copy of which is on file in the City Clerk's office; and WHEREAS, pursuant to Article 11, Section 7 of the California Constitution, the City is authorized to enact measures that protect the health, safety and welfare of its citizens; and WHEREAS, pursuant to Government Code Sections 66000 et seq., the City is empowered to impose fees and other exactions to provide necessary funding and public facilities required to mitigate the negative effect of new development projects; and WHEREAS, on October 16, 2007 the City Council took action on the MSHCP and the associated Implementing Agreement, and made appropriate findings pursuant to CEQA. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. SHORT TITLE. This Ordinance shall be known as the "Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan Mitigation Fee Ordinance." SECTION 2. FINDINGS. City Council finds and determines as follows: A. In order to implement the goals and objectives of the Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan ("MSHCP") and to mitigate the impacts caused by new development in the City, lands supporting species covered by the MSHCP must be acquired and conserved. B. The Local Development Mitigation Fee (the "Fee") is necessary in order to 'supplement the financing of the acquisition of lands supporting species covered by the MSHCP and to pay for new development's fair share of this cost. 439 Ordinance No. CVMSHCP Mitigation Fee Adopted: Page 3 C. The appropriate source of funding for the costs associated with mitigating the impacts of new development to the natural ecosystems and covered species within the City, as identified in the MSHCP, is a mitigation fee paid for by residential, commercial and industrial development. The amount of the Fee is determined by the nature and extent of the impacts from the development to the identified natural ecosystems and the relative cost of mitigating such impacts. D. The Fee does not reflect the entire cost of the lands which need to be acquired in order to implement the MSHCP and mitigate the impact caused by new development. Additional revenues will be required from other sources. The City finds that the benefit to each development project is greater than the amount of the Fee to be paid by that project. E. The MSHCP and Mitigation Fee Nexus Report, a copy of which is on file in the'City Clerk's office, provide the basis for the imposition of the Fee on new developments. F. The use of the Fee is apportioned relative to the type and extent of impacts caused by the development. G. The costs of funding the proper mitigation for natural ecosystems and covered species identified in the MSHCP which are impacted by new development are apportioned relative to the type and extent of impacts caused by the development. H. The facts and evidence provided to and considered by the City Council establish ,that there is a reasonable relationship between the need for preserving the natural ecosystems and covered species identified in the MSHCP, and the impacts to such natural ecosystems and species created by the types of development on which the Fee will be imposed; and that there is a reasonable relationship between the Fee's use and the types of development for which the Fee is charged. This reasonable relationship is described in more detail in the MSHCP and Mitigation Fee Nexus Report. I. The fees collected pursuant to this Ordinance shall be used to finance the acquisition of the lands to protect natural ecosystems and covered species, as set forth in the MSHCP, are reasonable and will not exceed the reasonably estimated total of these costs. '-b L W Ordinance No. � CVMSHCP Mitigation Fee Adopted: i Page 4 J. The Fee shall be used to finance the acquisition of lands and certain improvements necessary to implement the goals and objectives of the MSHCP. K. ' To ensure fair implementation of the development impact fees established in this Ordinance, it may be necessary for the City to defer or waive such fees in special cases as may be permitted in accordance with procedures and guidelinesestablished by the Coachella Valley Conservation Commission. L. ' Even though second units on existing single family lots may also contributel to the need for acquisition of lands necessary to implement the MSHCP, the City refrains from imposing the Fee on such development at this time; and in this regard finds that second units: (1) provide a cost effective means of serving development through the use of existing infrastructure, as contrasted to requiring the construction of new costly infrastructure to serve development in undeveloped areas; and (2) provide relatively affordable housing for low- and moderate -income households without public subsidy. SECTION 3. ADMINISTRATIVE RESPONSIBILITY. The Planning Director of the City shall be responsible for the administration of this Ordinance. Detailed administrative procedures concerning the implementation of this Ordinance may be established and set forth in a resolution adopted by the City Council. SECTION 4. DEFINITIONS. As used in this Ordinance, the following terms shall have the following meanings: "City" means the City of La Quinta, California. "City Council" means the City Council of the City of La Quinta, California. "Certificate of Occupancy" means a certificate of occupancy issued by the City in accordance with all applicable ordinances, regulations, and rules of the City and States law. "Coachella Valley Conservation Commission" means the governing body established pursuant to the MSHCP that is delegated the authority to oversee and implement the provisions of the MSHCP. "Credit" means a credit allowed pursuant to Section 11 of this Ordinance, which may be applied against the Fee paid. 441 Ordinance No. CVMSHCP Mitigation Fee Adopted: Page 5 "Development Project" means any project undertaken for the purpose of development pursuant to the issuance of a building permit by the City pursuant to all applicable ordinances, regulations, and rules of the City and State law. "Final Inspection" means a final inspection of a project as defined by the Building Codes of the City. "Gross Acreage" means the total property area as shown on a land division map of record, or described through a recorded legal description of the property. This area shall be bounded by road right-of-way and/or legal property lines. "Local Development Mitigation Fee" or "Fee" means the development impact fee imposed pursuant to the provisions of this Ordinance. "Multiple Species Habitat Conservation Plan" or "MSHCP" means the Coachella, Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan, adopted by the City Council on October 16, 2007. "Conservation Areas" has the same meaning and intent as such term is defined and utilized in the MSHCP. "Ordinance" means this Ordinance No. of the City of La Quinta, California. "Project Area" means the area, measured in acres, from the adjacent road right-of-way line to the limits of project improvements. Project Area includes all project improvements and areas that are disturbed as a result of the project improvements on an owner's Gross Acreage, including all areas depicted on the forms required to be submitted to the City pursuant to this Ordinance and/or other applicable development ordinance or regulation of the City. Except as otherwise provided herein, the Project Area is the area upon which the project will be assessed the Local Development Mitigation Fee. "Residential Unit" means a building or portion thereof used by one family and containing but one kitchen, which unit is designed or occupied for residential purposes,' including single-family dwelling, multiple -family dwellings, and mobile homes on permanent foundations, but not including hotels and motels. "Revenue" or "Revenues" means any funds received by the City pursuant to the provisions of this Ordinance for the purpose of defraying all or a portion of the cost of acquiring and preserving vegetation communities and natural areas within '-Ji 442 Ordinance No. CVMSHCP Mitigation Fee Adopted: Page 6 the City and the region which are known to support threatened, endangered or key sensitive populations of plant and wildlife species. SECTION 5. LOCAL DEVELOPMENT MITIGATION FEE. To assist in providing Revenue to acquire and conserve lands necessary to implement the MSHCP, the Fee shall be paid for each residential unit, Development Project or portion thereof to be constructed within the City. Five categories of the Fee are defined and include: (1) residential units, density less that 8.0 dwelling units per acre; (2) residential units, density between 8.1 and 14.0 dwelling units per acre; (3) residential units, density greater than 14.1 dwelling unites per acre; (4) commercial acreage; and (5) industrial acreage. Because there can be mixed traditional commercial, industrial and residential uses within the same project, for Fee assessment purposes only, the Fee which is applicable to commercial or industrial' development projects shall be applied to the whole project based upon the existing underlying zoning classification of the property at the time of issuance of a building permit. The fees are calculated using an Equivalent Benefit Unit methodology. A fee schedule which contains the Fee which is applicable to one of the five Fee categories shall be adopted by resolution ("Resolution"). A. The amount of the Local Development Mitigation Fee for a commercial or industrial development project required to be paid shall be based on the acreage to be developed and shall be calculated on the basis of the Project Area, in accordance with the following: 1. The Project Area shall be determined by City staff based on the subdivision map, plot plan, and other information submitted to or required by the City. 2. If the difference between the net acreage, as exhibited on the plot plan, and the Project Area is less than one -quarter acre, the Fee shall be paid on the full gross acreage. 3. An applicant may elect, at his or her own expense, to have a Project Area dimensioned, calculated, and certified by a registered civil engineer or licensed land surveyor. The engineer or land surveyor shall prepare a wet -stamped letter of certification of the Project Area dimensions and a plot plan exhibit thereto that clearly delineates the Project Area. Upon receipt of the letter of certification and plot plan exhibit, the City shall review the submitted documents. If the Project Area dimensions, the letter of certificate and the plot plan are acceptable to the City, the City shall calculate the Local Development Mitigation Fee required to be paid based on the certified Project Area. If the Project Area dimensions, the letter '`, 443 Ordinance No. CVMSHCP Mitigation Fee Adopted: Page 7 of certification, or the plot plan are not acceptable to the City, the applicant shall perform such actions as directed by the City in order to resolve any deficiencies perceived by the City. 4. Where construction or other improvements on Project Area are prohibited due to legal restrictions on the Project Area, such as Federal Emergency Management Agency designated floodways or areas legally required to remain in their natural state, that portion of the Project Area so restricted shall be excluded for the purpose of calculating the Local Development Mitigation Fee. SECTION 6. IMPOSITION OF THE LOCAL DEVELOPMENT MITIGATION FEE. Notwithstanding any other provision of the City's Municipal Code, no permit shall be issued for any Development Project except upon the condition that the Local Development Mitigation Fee applicable to such Development Project has been paid in accordance with the provisions of this Ordinance. SECTION 7. PAYMENT OF LOCAL DEVELOPMENT MITIGATION FEE. A. The Local Development Mitigation Fee shall be paid in full at the time a certificate of occupancy is issued for the residential unit or development project or upon final inspection, whichever occurs first. No final inspection shall be made, and no certificate of occupancy shall be issued, prior to full payment of the Fee. However, this section shall not be construed to prevent payment of the Fee prior to the issuance of an occupancy permit or final inspection. B. The Local Development Mitigation Fee shall be assessed one time per lot or parcel, except in cases of changes in land use. The Fee required to be paid when there is a change in land use shall be reduced by the amount of any previously paid fee for that property. No refunds shall be provided for changes in land use to a lower fee category. It shall be the responsibility of the applicant to provide documentation of any previously paid Fee. C. The Local Development Mitigation Fee for commercial and industrial development projects shall be paid in its entirety for the Project Area and shall not be prorated. D. The Local Development Mitigation Fee required to be paid under this Ordinance shall be the Fee in effect at the time of payment. E. There shall be no deferment of the Fee beyond final inspection or issuance of certificate(s) of occupancy. `J( 444 Ordinance No. CVMSHCP Mitigation Fee Adopted: Page 8 F. Notwithstanding anything in the City's Municipal Code, or any other written documentation to the contrary, the Local Development Mitigation Fee shall be paid whether or not the Development Project is subject to conditions of approval by the City imposing the requirement to pay the Fee. G. If all or part of the Development Project is sold prior to payment of the Local Development Mitigation Fee, the Project shall continue to be subject to the requirement to pay the Fee as provided herein. H. For development projects which the City does not require a final inspection or issuance of a certificate of occupancy, the Fee shall be paid prior to any use or occupancy. I. For purposes of this Ordinance, congregate care residential facilities and recreational vehicle parks shall pay the commercial acreage Fee. SECTION 8. REFUNDS. There shall be no refund of all or part of any Local Development Mitigation Fee paid under this Ordinance, except in cases of overpayment or miscalculation of the applicable Fee. Only in cases of overpayment or miscalculation of the Fee will the person or entity that paid the Local Development Mitigation Fee be entitled to a refund. SECTION 9. ACCOUNTING AND DISBURSEMENT OF COLLECTED LOCAL DEVELOPMENT MITIGATION FEES. A. All fees paid pursuant to this Ordinance shall be deposited, accounted for, and expended in accordance with Section 66006 of the Government Code and all other applicable provisions of law. B. I Subject to the provisions of this section, all Fees collected pursuant to this Ordinance shall be remitted to the Coachella Valley Conservation Commission at least quarterly, and will be expended solely for the purpose of acquiring and preserving vegetation communities and natural areas within the City and the region which support species covered in the MSHCP in accordance with the provisions of the MSHCP. C. The City may recover the costs of administering the provisions of this Ordinance using the Revenues generated by the Fees, in an amount and subject to the rules and regulations established by the Coachella Valley Conservation Commission. 1 J 445 Ordinance No. CVMSHCP Mitigation Fee Adopted: Page 9 SECTION 10. AUTOMATIC ANNUAL FEE ADJUSTMENT. The Fee established by this Ordinance shall be revised annually by means of an automatic adjustment at the beginning of each fiscal year based on the average percentage change over the previous calendar year set forth in the Consumer Price Index for "All Urban, Consumers" in the Los Angeles -Anaheim -Riverside Area, measured as of the month of December in the calendar year which ends in the previous fiscal year. The first Fee adjustment shall not be made prior to a minimum of ten (10) months subsequent to the effective date of this Ordinance. The Fee, as revised annually, shall be compiled by the Planning Department and shall be included in an annual report to the City Council pertaining to the accounting for the MSHCP Fee as required by Government Code Section 66006. SECTION 11. EXEMPTIONS. The following types of construction shall be exempt from the provisions of this Ordinance: A. Reconstruction of a residential unit or commercial or industrial building damaged or destroyed by fire or other natural causes. B. Rehabilitation or remodeling to an existing residential unit, commercial or industrial building, and additions to an existing residential unit or commercial or industrial building. C. Secondary residential units, constructed ' on developed residential property and meeting all state and City requirements for such units. D. Existing improvements that are converted from an existing permitted use to a different permitted use, provided that no additional area of the property is disturbed as a result of such conversion. E. Development within a Project Area that was being improved or had been improved prior to the effective date of this Ordinance. F. Construction of a family residential unit upon property wherein a mobile -home, installed pursuant to an installation permit, was previously located prior to the effect date of this Ordinance. G. Guest dwellings as defined in Section 9.280.030 of the Municipal Code. 446 Ordinance No. CVMSHCP Mitigation Fee Adopted: Page 10 H. Additional single-family residential units located on the same parcel pursuant to the provisions of any agricultural zoning classifications set forth in 9.140.070. I. Kennels and Catteries established in connection with an existing single-family residential unit. SECTION 12. FEE CREDITS AND WAIVERS. The City may grant to owners or developers of real property, a Credit against the Fee that would otherwise be charged pursuant to this Ordinance, for the dedication of land determined to be necessary for inclusion in the MSHCP Conservation Area. The amount of the Credit granted shall be determined by an estimate of the fair market value of the land dedicated. Any Credit granted by the City shall be given in stated dollar amounts only. An applicant for a proposed development may apply for Credit to reduce the amount of the Fee required to be paid prior to approval of the development. Any Credit granted and the amount of the Fee to be paid shall be included as a condition of approval for the development. If an applicant has received the development approval from the City and has not previously applied for a Credit to reduce the amount of the Fee required to be paid, an applicant may apply for such Credit prior to issuance of a grading permit for the development. Any Credit granted and the amount of the Fee required to be paid shall be included as a condition of approval on the grading permit issued for the development. SECTION 13. SEVERABILITY. This Ordinance and the various parts, sections, and clauses thereof, are hereby declared to be severable. If any part, sentence, paragraph, section, or clause is adjudged unconstitutional or invalid, the remainder of this Ordinance shall not be affected thereby. If any part, sentence, paragraph, section, or clause of this Ordinance, or its application to any person entity is adjudged unconstitutional or invalid, such unconstitutionality or invalidity shall affect only such part, sentence, paragraph, section, or clause of this Ordinance, or person or entity; and shall not affect or impair any of the remaining provision, parts, sentences, paragraphs, sections, or clauses of this Ordinance, or its application to other persons or entities. The City Council hereby declares that this Ordinance would have been adopted had such unconstitutional or invalid part, sentence, paragraph, section, or clause of this Ordinance not been included herein; or had such person or entity been expressly exempted from the application of this Ordinance. SECTION 14. EFFECTIVE DATE. This Ordinance shall take effect immediately upon issuance of the appropriate permits authorizing take in connection with the MSHCP by the U.S. Fish and Wildlife Service and California 447 Ordinance No. CVMSHCP Mitigation Fee Adopted: Page 11 Department of Fish and Game, including, without limitations, the incidental take permits for covered species pursuant to Section 10(a)(1)(B) of the Federal Endangered Species Act and section 2800 of the California Fish and Game Code . However, in no event shall this Ordinance take effect prior to sixty (60) days after the date of its adoption. Upon the effective date of this Ordinance, Resolution No. 2000-133, also known as the Fringe Toad Lizard Mitigation Fee Ordinance, shall be repealed and superceded in its entirety by this Ordinance. PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this _day of , 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST:, VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California r RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ADOPTING THE LOCAL DEVELOPMENT MITIGATION FEE SCHEDULE APPLICABLE TO NEW DEVELOPMENT WITHIN THE CITY OF LA QUINTA CVMSHCP — DEVELOPMENT MITIGATION FEE SCHEDULE WHEREAS, the City Council of the City of City of La Quinta ("City") finds that the ecosystems of the City, Coachella Valley and surrounding mountains located in central Riverside County, and the vegetation communities and sensitive species they support are fragile, irreplaceable resources that are vital to the general welfare of all residents; and WHEREAS, these vegetation communities and natural areas contain habitat value which contributes to the City's and the region's environmental resources; and WHEREAS, special protections for these vegetation communities and natural areas must be established to prevent future endangerment of the plant and animal species that are dependent upon them; and WHEREAS, adoption and implementation of Ordinance No. _ (the "Ordinance") and this Resolution will help to enable the City to achieve the conservation goals set forth in the Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan ("MSHCP"), adopted by the City Council on October 16, 2007, to implement the associated Implementing Agreement executed by the City Council on October 16, 2007, and to preserve the ability of affected property owners to make reasonable use of their land consistent with the requirements of applicable laws, which could include the National Environmental Policy Act ("NEPA"), the California Environmental Quality Act ("CEQA"),, the Federal Endangered Species Act ("FESA"), the California Endangered Species Act ("CESA") and the California Natural Community Conservation Planning Act ("NCCP Act"); and WHEREAS, the purpose and intent of the Ordinance and this Resolution is to establish a Local Development Mitigation Fee to assist in the maintenance of biological diversity and the natural ecosystem processes that support this diversity; the protection of vegetation communities and natural areas within the City, Coachella Valley and surrounding mountains located in central Riverside County which are known to support threatened, endangered or key sensitive, populations of plant and wildlife species; the maintenance of economic p City Council Resolution No. 2008- CVMSHCP - Development Mitigation Fee Schedule Adopted: February 5, 2008 Page - 2 development within the City by providing a streamlined regulatory process from which development can proceed in an orderly process; and the protection of the existing character of the City and the region through the implementation of a system of reserves which will provide for permanent open space, community edges and habitat conservation for species covered by the MSHCP; and WHEREAS, as a Member Agency of Coachella Valley Association of Governments ("CVAG"), the City participated in the preparation of a certain "Local Development Mitigation Fee Nexus Report", dated January 15, 2007 ("Ne xus Report") prepared pursuant to California Government Code, Section 66000 et. seq., the Mitigation Fee Act; and WHEREAS, the City has reviewed the Nexus Report, and hereby finds that future development within the City will substantially and adversely affect the natural ecosystems and covered species within the City, as identified in the MSHCP, and that unless such development contributes to the cost of acquiring land to preserve these natural ecosystems and covered species, the conservation goals of the MSHCP will not be met; and WHEREAS, the City finds that the Nexus Report proposes a fair and equitable method for distributing a portion of the cost of implementing the MSHCP and mitigate the impact caused by new development; and WHEREAS, pursuant to the Mitigation Fee Act, the City Council adopts the Nexus Report, a copy of which is on file in the City Clerk's office, and the findings contained therein which provide additional support for the fees adopted by this Resolution; and WHEREAS, in addition to the foregoing, the City Council hereby adopts in their entirety the findings contained in Section 2 of the Ordinance and any fees adopted by this Resolution shall be based on these findings; and WHEREAS, pursuant to Government Code sections 66016, 66017 and 66018, the City has: (a) made available to the public, at least ten (10) days prior to its public hearing, data indicating the estimated cost required to provide the facilities and infrastructure for which these development fees are levied and the revenue sources anticipated to provide those facilities and infrastructure; (b) mailed notice at least fourteen (14) days prior to this meeting to all interested parties that have requested notice of new or increased development fees; and (c) held a duly noticed, regularly scheduled public hearing at which oral and written testimony was received regarding the proposed fees. r City Council Resolution No. 2008- CVMSHCP - Development Mitigation Fee Schedule Adopted: February 5, 2008 Page - 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA QUINTA AS FOLLOWS: SECTION 1. FINDINGS. The recitals set forth above are hereby adopted as findings in support of this Resolution. The findings contained in both the Nexus Report and Section 2 of Ordinance No. are also adopted herein as findings in support of this Resolution. SECTION 2. DEFINITIONS. The terms of this Resolution shall have the same meaning ascribed to them in Section 4 of Ordinance No. SECTION 3. FEE SCHEDULE. There is hereby adopted the following fee schedule for the Local Development Mitigation Fee: (1) Residential, density less than 8.0 dwelling units per acre - $1,284 per dwelling unit (2) Residential, density between 8.1 and 14.0 dwelling units per acre - $533 per dwelling unit (3) Residential, density greater than 14.1 dwelling units per acre - $235 per dwelling unit (4) Commercial - $5,730 per acre (5) Industrial - $5,730 per acre SECTION 3. CEQA FINDINGS. The City Council hereby finds that in accordance with the California Environmental Quality Act ("CEQA") and the CEQA Guidelines the adoption of this Resolution is exempt from CEQA pursuant to Section 15061(b)(3) and Public Resources Code Section 21166. SECTION 4. SEVERABILITY. This Resolution and the various parts, sections, and clauses thereof, are hereby declared to be severable. If any part, sentence, paragraph, section, or clause is adjudged unconstitutional or invalid, the remainder of this Resolution shall not be affected thereby. If any part, sentence, paragraph, section, or clause of this Resolution, or its application to any person entity is adjudged unconstitutional or invalid, such unconstitutionality or invalidity shall affect only such part, sentence, paragraph, section, or clause of this Resolution, or person cr entity; and shall not affect or impair any of the remaining provision, City Council Resolution No. 2008- CVMSHCP - Development Mitigation Fee Schedule Adopted: February 5. 2008 Page - 4 parts, sentences, paragraphs, sections, or clauses of this Resolution, or its application to other persons or entities. The City Council hereby declares that this Resolution would have been adopted had such unconstitutional or invalid part, sentence, paragraph, section, or clause of this Resolution not been included herein; or had such person or entity been expressly exempted from the application of this Resolution. SECTION 5. EFFECTIVE DATE. This Resolution shall take effect immediately upon issuance of the .appropriate permits authorizing take in connection with the MSHCP by the U.S. Fish and Wildlife Service and California Department of Fish and Game, including, without limitation, the incidental take permits for covered species pursuant to Section 10(a)(1)(B) of the Federal Endangered Species Act and Section 2800 of the California Fish and Game Code. However, in no event shall this Resolution take effect prior to sixty (60) days after the date of its adoption. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 5th day of February, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California 452 City Council Resolution No. 2008- CVMSHCP - Development Mitigation Fee Schedule Adopted: February 5, 2008 Page - 5 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California ATTACHMENT 1 LOCAL DEVELOPMENT MITIGATION FEE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS JANUARY 155 2007 IMMuniFinancial Oakland Office 1700 Broadway, a Floor Oakland, California 94612 Tel: (510) 832-0899 Fax. (510) 832-0898 Anaheim, CA Industry, CA Jacksonville, FL Lancaster, CA www.muni.com Phoenix, AZ Seattle, WA Temecula, CA Oakland, CA i} 454 TABLE OF CONTENTS EXECUTIVE SUMMARY...................................IV ........................................ Introduction iv Plan Area Land Use Iv Need for Habitat Conservation iv Cost of Habitat Conservation v Cost Allocation and Fee Schedule v Mitigation Fee Act Findings A Implementation vi CHAPTER 1: INTRODUCTION................................................................. . Habitat Conservation Planning Process 1 MSHCP and the Incidental Take Permit 2 Local Development Mitigation Fee 2 CHAPTER 2: PLAN AREA LAND USE ...................................................... 4 Plan Area Boundaries 4 6 Existing Land Use New Development within the Plan Area CHAPTER 3: NEED FOR HABITAT CONSERVATION ................................ 10 Habitat Conservation Goals 10 Covered Species and Natural Communities 10 Identifying the MSHCP Reserve System 11 CHAPTER 4: COST OF HABITAT ACQUISITION ....................................... 15 Amount of Habitat Acquisition 15 LDMF Financing Plan 15 Financing Alternatives 22 CHAPTER 5: COST ALLOCATION AND FEE SCHEDULE ........................... 24 New Development Acreage 24 Net Land Acquisition Costs Per Acre 24 Fee Schedule 25 CHAPTER 6: MITIGATION FEE ACT FINDINGS ....................................... 28 Purpose of Fee 28 28 Use of Fee Revenues Benefit Relationship 29 29 Burden Relationship 30 Proportionality CHAPTER 7: IMPLEMENTATION............................................................ 31 IMMuniFna vial Local Development Mitigation Fee Coacbella Valley Association of Governments Adoption of LDMF By Local Permittees 31 Adoption of Administrative Guidelines 31 Programming Revenues and Projects 31 Annual Inflation Adjustment 32 Reporting Requirements 32 APPENDIX: CASH FLOW ANALYSIS.....................................................A-'I MMunWhancial LIST OFTABLES Table E.1: Fee Schedule (2008 dollars)............................................................................................vi Table 2.1: Plan Area Existing Land Use...........................................................................................7 Table 3.1: Covered Species Under the MSHCP............................................................................12 Table 3.2: Natural Communities Included in the MSHCP..........................................................13 Table 4.1: MSHCP Reserve System.................................................................................................16 Table 4.2: Land Acquisition & Improvement Fund Total Revenues & Expenditures (nominal dollars).................................................................................................................................17 Table 4.3: MSHCP Reserve System Local Permittees Land Acquisition costs........................20 Table 4.4: Average Cost Per Acre....................................................................................................21 Table 5.1: Covered Species and Natural Communities Found In Urban Areas.......................24 Table 5.2: Cost Per Acre (2008 dollars) ......... Table 5.3: Fee Schedule (2008 dollars)........... 25 26 Table A-1: Land Acquisition & Improvement Fund..................................................................A-2 W WMuniRnancial '_bt 457 EXECUTIVE SUMMARY TFFIE■.� Since 1994 local, state, and federal agencies responsible for regulating development and protecting habitat in the Coachella Valley have been participating in an extensive and comprehensive planning process. This planning effort has produced the Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan (MSHCP). The policy objectives of the MSHCP are (1) to conserve adequate habitat in an unfragmented manner for the most effective preservation of species and the conserved natural communities, and (2) to simplify compliance with environmental laws by providing an efficient and streamlined regulatory approach. One of the primary requirements of the MSHCP is the establishment of a Reserve System of lands to provide habitat for Covered Species and the conserved natural communities. An additional purpose is the monitoring and management of the Reserve System. A Local Development Mitigation Fee (LDMF) imposed on new development projects will be a primary source of funding for the habitat acquisition program under the MSHCP. This report documents the legal and policy basis to support adoption of the LDMF by Coachella Valley tides and the County of Riverside. • The Coachella Valley is a broad, low elevation, northwest -southeast trending valley comprising the westernmost limits of the Sonoran Desert. The Valley is located in the central portion of Riverside County, approximately 100 miles east of Los Angeles. The Plan Area boundaries include approximately 1.2 million acres. Growth projections were based on an extrapolation of prior trends based on an analysis of information from the California Department of Resources Farmland Mapping and Monitoring Program and building permit data by the Coachella Valley Association of Governments (CVAG). CVAG calculated that the rate of development in the Plan Area has averaged 1,370 acres per year based on development over the period 1988 to 2004. The LDMF analysis assumes that this historical average annual rate will continue through the 50- year planning horizon (for the acquisition program) of the LDMF Financing Plan. At this rate a total of 68,500 acres will be developed (50 years x 1,370 acres per year). Identifying the MSHCP Reserve System was the result of an extensive and comprehensive analysis conducted by an inter -agency planning team and led by CVAG. The planning team used the best available scientific and commercial data standard to develop the MSHCP. The planning team developed a list of 27 Covered Species and 27 natural communities to provide habitat for the Covered Species. This planning process resulted in the identification of 746,600 acres across 21 conservation areas, from which the MSHCP Reserve System will :v JaMuniFinancial J I 4 5 A Local Development Mitigation Fee coacbella Valley Association of Governments be established. The Reserve System ensures the conservation of these species and natural communities as new development occurs. Without new development there would be no need to establish the Reserve System because the loss of existing habitat would not occur as a result of development activities. COST OF HABITAT CONSERVATION Of the 746,600 acres in the Conservation Areas, a maximum of 22,660 acres may be developed, resulting in a Reserve System of 723,940 acres. As of November 2006, just over three-quarters of the MSHCP Reserve System, or 557,100 acres, had already been conserved. Complementary Conservation and state and federal contributions to MSHCP implementation will conserve an additional 51,840 acres from November 2006 forward. An additional 7,800 acres are in areas where the only Conservation Objective is maintaining the fluvial sand transport function through flood control standards and other regulatory mechanisms; these 7,800 acres will not be acquired. This leaves 107,200 acres to be conserved. Of this, 10,800 acres are non-Permittee public and quasi -public lands, and 7,500 acres are Permittee-owned lands that will be conserved in perpetuity under the MSHCP. As of November 2006, this left 88,900 acres remaining to be acquired or otherwise conserved by the Pexmittees. The LDMF will be the primary funding source for this habitat acquisition program. The primary objective of the LDMF Financing Plan is to demonstrate that sufficient funding is available for the habitat acquisition program. A financial model was used to calculate the level of the LDMF needed to fully fund the habitat acquisition program after deducting other anticipated revenues and interest earnings on fund balances. All LDMF revenue and habitat acquisition expenditures would be accounted for in a Land Acquisition & Improvement Fund. The Coachella Valley Conservation Commission (CVCC), a joint powers authority that is being created to implement the MSHCP, would manage the Fund as part of these responsibilities. CVCC would stop collecting LDMF revenue and would terminate the Fund after the 50-year planning horizon, assuming the acquisition program has been completed. Other key objectives of the Financing Plan include purchase of all habitat conservation lands as soon as feasible within 30 years while LDMF revenue will continue for 50 years. This approach requires a financing mechanism. The MSHCP Endowment Fund would provide this financing as needed during the 30-year acquisition period, with funds repaid over the following 20 years to match the 50-year planning horizon. COST ALLOCATION AND FEE SCHEDULE Table E.1 presents the Local Development Mitigation Fee schedule for the MSHCP in 2008 dollars, the first year that the fee is anticipated to be collected. The fee would be imposed per dwelling unit for residential land uses and per acre for nonresidential land uses. .v MMuniFinancial r U Local Development Mitigation Fee Coachella Valley Association of Governments Table EA: Cost Per Acre Local Development Mitigation Fee Revenue' $ 7,850,000 $235,500,000 Total Acres2 1,370 41,100 Cost Per Acre $ 5,730 $ 5,730 I Net revenue required from development mitigation fee revenue in real 2008 dollars. The 2008-2037 revenue estimate excludes the fee revenue needed to repay the Endowment loan during the 2038-2057 period. 3 Acres of new development. Source: Muni Financial M1T1GAT1cw FEE AGT FINDINGS Development impact fees are one-time fees, typically paid when a building permit is issued, imposed on development projects by local agencies responsible for regulating land use (cities and counties). The five statutory findings required by the Mitigation Fee Act for adoption of the LDMF are summarized in Chapter 6 and supported in detail by the remainder of the report. IMPLEMENTATION The mitigation fee would be collected at time of grading, building, or other appropriate permit issuance. To implement the fee this report recommends CVCC do the following: • Assist Local Permittees in adopting an ordinance and resolution imposing the LDMF on new development and that includes an inflation adjustment to the fee; • Work with Local Permittees to develop administrative guidelines for the LDMF program. • Program fee revenues to specific acquisition projects and related expenditures, including administrative costs; • Alter the scope of the planned acquisition or related improvement costs from those shown in this report if appropriate; however, all expenditures must continue to fund expansion of the inventory of land conserved for habitat under the guidelines of the MSHCP. • Identify an appropriate inflation adjustment and recalculate the fee annually for each Local Permittee to adopt. BMuuiFinancial CHAPTER 1 : INTRODUCTION This chapter provides background on the Coachella Valley habitat conservation planning process that led to the need for a Local Development Mitigation Fee (LDMF). This report differs from the ,January 12, 2006 draft primarily because of the following changes in assumptions: • Land acquisition needs were reevaluated resulting in the planned acquisition of additional acreage. • An updated market study has resulted in higher land cost estimates. • The City of Desert Hot Springs has chosen not to participate in the MSHCP. This report therefore reflects new development projections excluding the City of Desert Hot Springs. HABITAT CONSERVATION PLANNING PROCESS Since 1994 local, state, and federal agencies responsible for regulating development and protecting habitat in the Coachella Valley have been participating in an extensive and comprehensive planning process. The purpose of this process is the preparation of a plan for multiple species habitat conservation that simultaneously allows continued economic growth from private development and associated public infrastructure projects. Approval of the MSHCP by state and federal wildlife agencies will allow the loss of natural communities and taking of species incidental to development and infrastructure projects, provided the mitigation and other measures set forth in the MSHCP are satisfied. This planning effort has produced the Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan (MSHCP). The policy objectives of the MSHCP are (1) to conserve adequate habitat in an unfragmented manner for the effective preservation of species and the conserved natural communities, and (2) to simplify compliance with CEQA, CESA, NCCP Act, FESA, NEPA, and other laws by providing an efficient and streamlined regulatory approach. The agencies that have participated in the MSHCP include: • Local government - cities in the Coachella Valley, Riverside County, and five special districtsl; Regional agencies - Coachella Valley Association of Governments (CVAG); State agencies - California Department of Transportation (Caltrans), California Department of Parks and Recreation, Coachella Valley Mountains Conservancy (CVMC)Z and California State Department of Fish and Game (CDFG); and t In addition to Riverside County, local agencies include the cities of Cathedral City, Coachella, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, and Rancho Mirage, as well as the Coachella Valley Water District, Imperial Irrigation District, Riverside County Flood Control and Water Conservation District, Riverside County Regional Parks and open Space District, and Riverside County Waste Resources Management District. 461 SMuaiFnancial •i% i � Local Development Mitigation Fee Coacbella Valley Association of Governments • Federal agencies -U.S. Fish and Wildlife Service (USFWS), U.S. Bureau of Land Management, U.S. Forest Service, and National Parks Service. Implementation of the MSHCP will fully mitigate the impacts on Covered Species and conserved natural communities from new development and associated public infrastructure projects in the Coachella Valley. MSHCP AND THE INCIDENTAL TAKE PERMIT Adoption of the MSHCP would enable the Wildlife Agencies (CDFG and USFWS) to grant a Permit for the Take of Covered Species ("Permit's? Permittees will include the local governments in the Coachella Valley listed above ("Local Permittees") and the three state agencies (excluding CDFG) listed above ("State Permittees'�. "Covered Species" include species that are endangered, threatened, of special concern, or otherwise covered by the MSHCP. "Conserved natural communities" refers to those natural communities protected under the MSHCP pursuant to the Natural Community Conservation Planning Act of 2002. This type of permit is often referred to as an "Incidental Take Permit" in that it enables the Permittee to engage in an otherwise lawful activity that, as an attendant impact, causes the loss of Covered Species. The Permit would also allow limited take of habitat and species for scientific purposes, also known as "scientific take". The Permit will enable the Permittees to allow or engage in activities that result in the loss of Covered Species and the conserved natural communities without implementing mitigation requirements beyond those required by the MSHCP. For example, local governments will be able to approve new development and the state will be able to construct highway infrastructure in the Coachella Valley. As long as the Permittees remain in compliance with the MSHCP they will be able to conduct these types of activities without developing and implementing additional project -specific mitigation measures with respect to the Covered Species and conserved natural communities, except as may be required by the MSHCP. Coachella Valley Conservation Commission (CVCC) is a joint powers authority that is being created to implement the MSHCP. Failure to adequately implement the MSHCP, such as not acquiring the lands necessary to protect habitat (described below), could result in the Wildlife Agencies suspending or revoking the Permit. LOCAL DEVELOPMENT MITIGATION FEE The primary requirement of the MSHCP is the establishment and ongoing management of a Reserve System of lands to provide habitat for Covered Species and the conserved natural communities. Much of this MSHCP Reserve System already exists. Portions of it will be established through Complementary Conservation efforts and contributions by state and federal agencies. Substantial lands remain to be purchased from private landowners to 2 CVMC prepared the MSHCP under contract to CVAG, and will also be a Parnittee. 3 The permit would be granted by USFWS under the Federal Endangered Species Act, Section 10(a), and by CDFG under the California Natural Community Conservation Planning Act, California Fish and Game Code Section 2835. ,; 462 Local Development Mitigation Fee Coacbella Valley Association of Governments complete the Reserve System as part of the Permittees' mitigation. The Local Perntittees are responsible for this habitat acquisition program. A Local Development Mitigation Fee (LDMF) imposed on new development projects will be a primary source of funding for the habitat acquisition program under the MSHCP. This report documents the legal and policy basis to support the adoption by local agencies in the Coachella Valley of the LDMF, a type of development impact fee under California Government Code Section 66000 et seq. The fee would be adopted by Coachella Valley cities and the County of Riverside and collected from new development under their jurisdiction within the Plan Area. The LDMF is necessary for issuance of the Permit because the Wildlife Agencies require that the Local Permittees identify sufficient funding for implementation of the MSHCP. A primary benefit to new development from the LDMF is avoidance of the process to determine mitigation for impacts to Covered Species and habitat on a project -by -project basis. Implementation of the MSHCP provides a comprehensive approach to mitigation for such impacts for new development throughout the Coachella Valley. Without the Permit new development in the Coachella Valley would face a significant constraint because projects could have to gain separate approval from CDFG and the USFWS before proceeding. Project -by -project regulatory approval for habitat mitigation would add substantially to the time and cost of the development process. In addition, the MSHCP provides a basis for mitigating the impacts to Covered Species and conserved natural communities associated with the development of public infrastructure necessary to serve new development. ImManiFmaricial 3 Ji 463 CHAPTER 2: PLAN AREA LAND USE This chapter describes the boundaries of the area covered by the MSHCP (the "Plan Area"), existing land use, and estimates of growth within the Plan Area. The Coachella Valley is a broad, low elevation, northwest -southeast trending valley comprising the westernmost limits of the Sonoran Desert. The Valley is located in the central portion of Riverside County, approximately 100 miles east of Los Angeles. The Plan Area encompasses the Coachella Valley and the surrounding mountains up to the ridgeline. The Plan Area extends west to Cabazon where it is bounded by the range line common to Range 1 East and Range 2 East. This is approximately the limit of the Sonoran or Colorado Desert in the San Gorgonio Pass area. To the east the Plan Area extends to the range fine common to Range 13 East and Range 14 East. Either the ridgeline of the Little San Bernardino Mountains or the boundary line with San Bernardino County where the ridgeline extends north of the county line defines the northern boundary. On the south, either the ridgeline of the San Jacinto and Santa Rosa Mountains or the boundary line with San Diego or Imperial Counties forms the Plan Area boundary. Figure 1 presents a generalized map of the Plan Area. The map indicates how areas were analyzed to develop the MSHCP Reserve System. The Reserve System is the MSHCP preferred alternative and represents the entire area necessary to protect the Covered Species and the conserved natural communities identified in the MSHCP (see Chapter 4 for more explanation). The categories of land identified on the map include: • Agricultural Land: Lands currently primarily used for agricultural production. Because agricultural lands provide biological value for Covered Species, including habitat patches and foraging habitat, conversion of this land to urban use would result in a loss of habitat under the MSHCP. • Modeled Species Habitat. Lands that were modeled using physical data analyzed as map layers with a geographical information system (GIS). The purpose of the modeling was to assess the relative biological value of lands within the Plan Area and assist in developing the MSHCP Reserve System. Substantially all of the MSHCP Reserve System is identified as part of these modeled habitats. Due to the great effort involved in mapping and modeling vacant parcels within the urban areas, these lands were excluded from the CVMSHCP analysis, though these parcels do contain habitat. 4 ,._J, 4s I MuniFinandal Local Development Mitigation Fee Coacbella Valley Association of Governments Figure 1 Plan Area Context Map Coachella Valley MSCHPMCCP Agricultural Land Developed Areas ` Indian Reservation Lands Modeled Species Habitat ® Natural communities without Modeled Habitat OMuniFinancial 5 4 6 D Local Development Mitigation Fee Coacbella Valley Association of Governments • Natural Communities without Modeled Habitat: Lands that contain natural communities but were not modeled during the planning process because either (1) they are Indian Reservation lands not subject to the MSHCP, (2) they are already protected habitat and are included in the MSHCP Reserve System, or (3) not part of the MSHCP. • Developed Areas (Urban and Rural): Lands that are developed and vacant or partially vacant lands within developed areas. These vacant or partially vacant lands represent current or potential habitat for Covered Species and the conserved natural communities identified in the MSHCP. As the map indicates, substantially all the land within the Coachella Valley was subject to modeling to assist in making a comprehensive determination regarding which lands should be included in the MSHCP Reserve System. EXISTING LAND USE The Plan Area boundaries include approximately 1.2 million acres, or approximately 1,885 square miles. 'fable 2.1 summarizes the existing acreage within the Plan Area by land use. The acreage indicated as Urban and Rural in the table corresponds to the Developed Areas shown in Figure 1. The MSHCP Reserve System will be composed of much of the Open Space and Private Conservation Lands plus some Public and Private Non -Conservation Lands to be acquired with funding from the LDMF and other sources. Indian Reservation lands are included in the Plan Area but not subject to the MSHCP, reducing the total area covered by the MSHCP to approximately 1.1 million acres. d MuniFnamW ;j ^ 4 6 :, Local Development Mitigation Fee Coachella Valley Association of Governments Table 2.1: Plan Area Existing Land Use Total Acres Percent of Plan Area 67,400 5.9% Urban Rural, Rural Residential 12,500 1.1 % Agriculture 84,900 7.5% Lake (includes Salton Sea) 43,500 3.8% Reservoir 800 0 1 Wind Energy Uses 4,400 900 0.4% 0.1% Quarry 400 0.0% Landfill Public and Private Non -Conservation Lands' 320, 600 28 2% Open Space -Public and Private Conservation Lands" 601,000 52_9% Total Area Covered By Plan 1,136,400 100.0% Indian Reservation Lands (Not Covered By Plan) 69,600. Total Plan Area 1,206,000 Includes Salton Sea and other natural water bodies. ` Includes Lake Cahuilla, Whitewater River recharge ponds, and other artificial water bodies. 3 Includes private lands which are primarily undeveloped and public lands used for non -conservation purposes Public lands are owned by Riverside County, County Flood Control, Metropolitan Water District, the State Lands Commission, cities, U.S. Army Corps of Engineers, Coachella Valley Water District, U.S. Bureau of Reclamation, and the U.S. military. 4 Includes public lands dedicated to open space and conservation purposes and private lands owned by land trusts or conservation organizations, or protected by a conservation easement or deed restnction. Source: Coachella Valley Multiple Species Habitat Conservation Plan and Natural Community Conservation Plan; MuniFinancial NEW DEVELOPMENT WITHIN THE PLAN AREA With the assistance of data developed by Coachella Valley Association of Governments (CVAG) staff, MuniFinancial estimated the total amount of new development anticipated within the Plan Area. These projections are used by the LDMF Financing Plan to allocate habitat acquisition program costs to new development and to calculate the Local Development Mitigation Fee (see Chapter 4). Planning Horizon The LDMF Financing Plan uses a 50-year planning horizon to estimate future growth and assumes that the fee could be discontinued after that time. The Financing Plan assumes a 30- year land acquisition program followed by a 20-year amortization of remaining program costs. The selection of a planning horizon considered that the MSHCP provides a comprehensive approach to mitigating habitat impacts from new development in the Coachella Valley. The first acre and last acre of new development benefit equally from the MSHCP. More ®MuniFinancial Local Development Mitigation Fee Coachella Valley Association of Governments importantly, the size of the MSHCP Reserve System is unaffected by the level of new development and habitat acquisition program costs are fixed. If habitat acquisition costs were spread across all new development through build out of the Plan Area then the Local Permittees would not fully fund the MSHCP until construction of "the last home" in the Coachella Valley. This approach would result in a planning horizon of over a hundred years given recent development trends and the amount of land available for development 4 This is not a practicable planning horizon for the following reasons: • Permit Term: The Wildlife Agencies will issue the Petmit for a 75-year period so the planning horizon for the LDMF should not extend beyond that time frame. • Permit Compliance: The habitat acquisition program needs to be accomplished within a reasonable period of time, preferably long before expiration of the Permit. Otherwise, the Wildlife Agencies could determine that the Permittees are not fully funding their obligations under the MSHCP and therefore are not in compliance with the Permit. Non-compliance would constrain economic development within the region by requiring each development project to separately mitigate habitat impacts. • Land acquisition cost inflation: Acquiring land sooner rather than later will reduce total costs by limiting the impact of land price inflation. Land, particularly residential land, often increases faster than the average price inflation of all goods and services as development in a region intensifies. Consequently, early funding of the habitat acquisition program will reduce the total real (inflation -adjusted) cost of the program. • Lost Conservation Opportunities: Given current development pressure, if land acquisition is not completed within the first 30 years, development within the conservation areas could impede establishment of the reserve system. • Experience with Other Public Facility Financing Plans: Public facility master plans and associated financing plans typically use a 20- to 30-year planning horizon because this is a reasonable period for estimating growth, planning improvements, and amortizing capital costs. Growth factors such as land, water, and other physical resource constraints, the availability and cost of infrastructure, and local land use policy are difficult to predict over long periods. Science, technology, and public policy can change the improvements needed to accommodate growth. Finally, the public financial markets typically do not extend financing for public infrastructure beyond 30 years. A 50-year planning horizon was selected given these considerations. The 50-year horizon, though longer than most public facility financing plans, is less than the 75-year term of the Permit. This difference represents a conservative approach by providing a 25-year cushion in case additional revenues are needed to complete the habitat acquisition program at the end of the 50-year planning horizon. At that point the Local Permittees (Coachella Valley cities 4 The amount of undeveloped land available for development is defined by land use policies contained in the existing General Plans of tides and the County within the Plan Area. MMuniFinancial ri _ �� 469 Local Development Mitigation Fee Coachella Malley Association of Governments and the County) could continue to collect the fee from new development until all habitat acquisition program costs are funded. This approach also does not unfairly burden near -term development with the entire cost of the program because it spreads costs over such an extended (50-year) period. In sum, a 50-year planning horizon, by being reasonable, conservative, and flexible ensures that the Permittees can provide the maximum practicable funding and benefit to comply with the Permit through fully funding of the MSHCP. Growth Projections Growth projections were based on an extrapolation of prior trends based on an analysis of information from the California Department of Resources Farmland Mapping and Monitoring Program and building permit data conducted by the Coachella Valley Association of Governments (CVAG). The estimate of acres developed per year was based on historical development during the period of 1988 to 2004 for the Plan Area. This time period is a reasonable basis for projection purposes because it captures the volatility of development during periods of recession and expansion. The Plan Area analyzed excluded Indian Reservation land. Geographical Information System (GIS) coverages of Riverside County by the California Department of Resources Farmland Mapping and Monitoring Program provided data for the 1988 to 2004 period. This data shows different types of agricultural uses as well as developed areas. Based on the analysis described above, CVAG estimated that the rate of development in the Plan Area excluding Indian Reservation land has averaged 1,370 acres per year. The LDMF analysis assumes that the historical average annual rate will continue through the 50-year planning horizon of the LDMF Financing Plan. At this rate a total of 68,500 acres will be developed (50 years x 1,370 acres per year). The current General Plans of the Coachella Valley cities and the County of Riverside have sufficient undeveloped land zoned for urban uses within the Plan Area to accommodate this level of development. The development projection of 68,500 acres is the total amount of development that the LDMF Financing Plan assumes is subject to and will pay the fee. However, the fee may be increased or extended if necessary to fully fund the habitat acquisition program, as mentioned above. IMMuniFnancial 469 CHAPTER 3: NEED FOR HABITAT CONSERVATION Identifying the MSHCP Reserve System was the result of an extensive and comprehensive analysis conducted by an inter -agency planning team and led by CVAG. The planning team used the best scientific standard and commercial data available to develop the MSHCP. This chapter describes how the planning team identified lands to include in the MSHCP Reserve System. HABITAT CONSERVATION GOALS The MSHCP was developed to achieve the following habitat conservation goals: • Represent native ecosystem types or natural communities across their natural range of variation in a system of conserved areas. • Maintain or restore viable populations of the species included in the MSHCP so that incidental take permits can be obtained for currently listed species and non - listed species can be covered in case they are listed in the future. • Sustain ecological and evolutionary processes necessary to maintain the viability of the natural communities and habitats for the species included in the MSHCP. These three goals were used to guide the development of the MSHCP Reserve System. A fourth objective of the MHSCP is to manage the system adaptively to be responsive to short-term and long-term environmental change. The management costs will continue in perpetuity and will be funded by earnings from an endowment. The LDMF will not fund these costs and these costs are not part of the analysis contained in this report. Development impact fees are a one-time revenue source paid as new development occurs and therefore are ill suited to fund consistent, ongoing costs such as habitat management, species monitoring, and administration. The endowment is funded by contributions from state and local agencies and revenue associated with landfill tipping fees and interest earnings on the Endowment Fund balance. COVERED SPECIES AND NATURAL COMMUNITIES The planning team developed an initial list of 52 species to consider protecting under the MSHCP. These species were identified as either endangered or threatened by the Wildlife Agencies, or at risk for becoming listed as threatened or endangered. Through the planning process this list was reduced to 27 Covered Species. Species were eliminated from the final list for reasons such as a lack of known locations in the Plan Area and insufficient data to facilitate conservation planning. Table 3.1 lists the 27 Covered Species and identifies the reason for their inclusion in the MSHCP. The Plan Area contains 46 natural communities. The 27 natural communities included in the MSHCP Reserve System are those needed to provide habitat for the Covered Species. Table 3.2 lists the natural communities protected by the MSHCP Reserve System. IMMuniFnancial V Local Development Mitigation Fee Coachella Valley Association of Governments IDENTIFYING THE MSHCP RESERVE SYSTEM The MSHCP planning team collected information on each Covered Species' life history, habitat, ecological requirements, overall range, distribution, threats, and conservation needs. The team gathered similar information on the composition and distribution of natural communities and on existing conservation areas, topography, watersheds, ecological processes, roads, and current land uses. The team then had maps prepared of the natural communities and species' habitat distribution. These maps became the basis of for identifying lands with the highest biological resource value to include in the Reserve System. For each Covered Species for which sufficient information was available, core habitat areas were delineated with unfragmented habitat that contained intact ecological processes large enough for self-sustaining populations of species. Areas needed to maintain essential ecological processes, core habitat, biological corridors, and linkages were also identified. The following measures of adequacy were used to determine the habitat necessary to preserve Covered Species and the conserved natural communities and identify lands to be included in the MSHCP Reserve System. • Size of habitat patches. For each Covered Species, the planning team assessed whether a conservation area provided core habitat. The Core Habitat concept was not applied to species that were considered to occur as metapopulations. These species are the burrowing owl, Le Conte's thrasher, Yuma clapper rail, California black rail, riparian bird species, and southern yellow bat. A conservation area was not deemed inadequate because of the lack of core habitat for these species. The concept of core habitat was not used with natural communities. • The number of core habitat areas protected in conservation areas for each Covered Species. Where possible, the planning team sought to conserve a minimum of three core habitat areas for each Covered Species. In some cases, more than three core habitat areas for a Covered Species occurred in the conservation areas. In other instances, fewer than three core habitat areas for a Covered Species occurred in the Plan Area. n aMuniFinancial '-vf 471 Local Development Mitigation Fee Coacbella Valley Association of Governments Table 3 1 • Covered Species Under the MSHCP Plants Mecca aster, Xylorhiza cognata (NS) Coachella Valley milkvetch, Astragalus lentiginosus var. coachellae (FE) Triple -fibbed milkietch, Astragalus tricarinatus (FE) Orocopia sage, Salvia greatae (NS) Little San Bernardino Mountains linanthus, Linanthus maculatus (or Gilia maculata) (NS) Invertebrates - Insects Coachella Valley giant sand -treader cricket, Macrobaenetes valgum Coachella Valley Jerusalem cicket, Stenopelmatus cahuilaensis Fish Desert pupfish, Cyprinodon macularius (FE/SE) Amphibians Arroyo toad, Bufo californicus (FE/CSC) Reptiles Desert tortoise, Gopherus agassizii (FT/ST) Flat -tailed homed lizard, Phrynosoma mcallii (CSC) Coachella Valley binge -toed lizard, Uma inornata (FT/SE) Birds Yuma clapper mil, Rallus longirostris yumanensis (FE/ST/SFP) California black rail, Laterallus jamaicensis (ST/SFP) Burrowing owl, Athene cunicularia (CSC) Southwestern willow flycatcher, Empidonax traillii extimus (SETE) Crissal thrasher, Toxostonra crissale (CSC) Le Conte's thrasher, Toxostoma lecontei (CSC) Least Bell's vhao, Vireo bellii pusillus (FE/SE) Gray vireo, Vireo vicinior (CSC) Yellow warbler, Dendroica petechia brewsteri (CSC) Yellow -breasted chat, Icteria virens (CSC) Summer tanager, Piranga rubra (NS) Mammals Southern yellow bat, Lasiurus ega or xanthinus (NS) Coachella Valley round -tailed ground squirrel, Spermophilus tereticaudus chlorus (CSC) Palm Springs pocket mouse, Perognathus longimembris bangsi (CSC) Peninsular bighorn sheep, Ovis canadensis nelsoni (FE/ST/SFP) FE Federal Endangered CSC' Species of Special Concern (a state list of species that are at risk) FT.Federal Threatened NOS. No Official Status (LISFwS, CDFG, and the Sclenbfic Advisory Corrmttee SE State Endangered that assisted In preparing the MSHOarecommnd inclusion of these species ST.. State Threatened because of the probabW of their being placed on an official list. SC' State Candidate SFP. State Fully Frotected Source: Coachella Valley Association of Govemments, Coachella Valley Multiple Species Habitat Conservation PlarvNatural Community Conservation Plan, Table 3-1 WMuniFinancial Local Development Mitigation Fee Coachella Valley Association of Governments Table 3.2: Natural Communities Included in the MSHCP Active desert dunes Stabilized and partially stabilized desert dunes Active desert sand fields Ephemeral desert sand fields Stabilized and partially stabilized desert sand fields Stabilized shielded desert sand fields Mesquite hummocks Sonoran creosote bush scrub Sonoran mixed woody and succulent scrub Mojave mixed woody scrub Desert saltbush scrub Desert sink scrub Chemise chaparral Redshank chaparral Semi -desert chaparral Interior live oak chaparral Cismontane alkali marsh Coastal and valley freshwater marsh Southern arroyo willow riparian forest Sonoran cottonwood -willow riparian forest Mesquite bosque Desert dry wash woodland Desert fan palm oasis woodland Southern sycamore-alderripadan woodland Arrowweed scrub Mojavean pinyon4uniper woodland Peninsular juniper woodland and scrub Source: Coachella Valley Association of Governments, Coachella Valley Multiple Species Habitat Conservation PlarVNatural Community Conservation Plan Table 3-3. Representative range of environmental conditions, including temperature, moisture, and elevation gradients, under which the species or natural community occurs in a viable population. For each Covered Species, the planning team assessed whether the conservation areas included other conserved habitat that provided for the conservation of the range of environmental conditions in which the species occurs in the Plan Area. Essential ecological processes. These could include hydrological processes (both subsurface and surface), blowsand movement, erosion, deposition, substrate development, soil formation, and biological processes such as reproduction, pollination, dispersal, and migration. The planning team assessed the conservation areas to evaluate whether the essential ecological processes IMMuniFmandal 13 471) Local Development Mitigation Fee Coachella Valley Association of Governments necessary to sustain the Covered Species and the conserved natural communities present were included in the conservation areas. • Biological corridors and linkages. For each Covered Species, the planning team assessed whether connectivity of the population in each conservation area was maintained with populations in other conservation areas and to populations outside the Plan Area to the maximum extent feasible. This planning process resulted in the identification of 746,600 acres across 21 conservation areas. Within the conservation areas, the MSHCP allows a maximum of 22,660 acres to be developed, leaving 723,940 acres to comprise the MSHCP Reserve System.5 The Reserve System ensures the conservation of these species and natural communities as new development occurs. Without new development there would be no need to establish the Reserve System because the loss of existing habitat would not occur. New development has both direct and cumulative impacts on the need for habitat conservation. Direct impacts occur from the development of vacant and partially vacant land within the Plan Area because these lands contain habitat for Covered Species. Cumulative impacts occur as a result of development over time and across the Plan Area by reducing the total amount of available habitat and thus the viability of Covered Species. 5 Development that is consistent with maintaining certain conservation objectives is also allowed within 7,800 acres designated as fluvial sand transport areas. 14 '•Ji'�� MMuniFtnancial CHAPTER 4: COST OF HABITAT ACQUISITION This chapter describes the cost of the habitat acquisition program and presents the Financing Plan for completing the program during the 50-year planning horizon. If no new development occurred within the Plan Area then there would be no take of Covered Species' habitat and no need for mitigation. Thus, new development is solely responsible for and benefits entirely from these costs. AMOUNT OF HABITAT ACQUISITION Table 4.1 presents a summary of the land acreage that will comprise the MSHCP Reserve System described in the last chapter. Of the 1.2 million acres in the Plan Area, 723,940 acres will be preserved as habitat. Seventy-seven percent or 557,100 acres of the Reserve System has already been set aside. Complementary Conservation and state and federal contributions to MSHCP implementation will conserve an additional 51,840 acres from November 2006 forward. The remaining amount of 115,000 acres includes 10,800 acres of non-Permittee public and quasi -public land, and 7,800 fluvial sand transport areas where acquisition is not required. Approximately 7,500 acres is Perrnittee-owned land that will be conserved in perpetuity though the MSHCP, leaving 88,900 acres as of November 2006 that must be acquired from willing seller private landowners, or otherwise conserved. The LDMF will be the primary funding source for this habitat acquisition program. LDMF FINANCING PLAN The primary objective of the LDMF Financing Plan is to demonstrate that sufficient funding is available for the habitat acquisition program. The Financing Plan is based on a financial model constructed to estimate annual revenues and costs for the Land Acquisition & Improvement Fund. The model was used to calculate the level of the LDMF needed to fully fund the habitat acquisition program after deducting other anticipated revenues and interest earnings on the Fund balance. Implementation of the MSHCP includes other costs such as land management, habitat monitoring, and administration that are in addition to the habitat acquisition program. As discussed in the last chapter these other costs are not included in the calculation of the LDMF because they are ongoing costs in suited to funding with one-time fee revenue tied to the rate of new development. Funding in perpetuity after Year 75 for these costs would come from earnings generated by an Endowment Fund. All LDMF revenue and habitat acquisition expenditures would be accounted for in the Land Acquisition & Improvement Fund. CVCC would manage the Fund as part of its responsibilities to implement the MSHCP. The Fund would enable CVCC to comply with a provision of the Fee Mitigation Act described in Chapter 6 that requires development impact fees to be placed in a separate account. CVCC would stop collecting LDMF revenue and would terminate the fund after 50 years, the planning horizon discussed in Chapter 2. JaMuniFinanaal j# '�' 475 Local Development Mitigation Fee Coacbella Valley Association of Governments Table 41 • MSHCP Reserve System Acres Conservation Areas Total 746.600 Potential Development Within Conservation Areas 22, 660 MSHCP Reserve System Total 723,940 Existing Conservation Lands (as of November 2006) 557,100 Land to be Conserved (as of November 2006) 166,840 Future Complementary Conservation (as of November 2006) 29,990 State and Federal Contribution To Plan Implementation (as of November 2006) 21.850 Conservation of Lands Owned By Non-permitee Public or Quasi -Public Entities' 10,800 Conserved Land Not Responsibility of Local Permittees 62, 640 Remaining Lands to Be Conserved By Local Permittees 104,200 Local Permittee Responsibility Conservation of Existing Local Permittee Lands 3 7,500 Conservation of Fluvial Sand Transport Area 4 7.800 Subtotal Local Permittee Responsibility 15,300 Remaining Lands To Be Acquired By Local Permittees 88,900 ' Lands set aside /or conservation purposes and owned b yfederal, state, and local agencies and non-profit organizations. 3 Lands currently owned by entities such as local utilities that the MSHCP estimates will be conserved through the regulatoryprocess as those entities seek approval to conduct various activities on their lands. 3 Lands currently owned by Local Permittees that they Wit set aside for conservation. 4 Lands that, through land use regulation, wit be required to maintain their natural function as fluWal sand transport areas. Source: Coachella Valley Association of Governments, Coachella Valley Multiple Species Habitat Conservation PIanINatural Community Conservation Plan Table 4-1. Another key objective of the Financing Plan is purchase of all habitat conservation lands as soon as financially feasible within 30 years. Given the current development pressure, if land acquisition is not completed within the first 30 years, important resources may become developed, or surrounded by new development to the extent that the land may become isolated and unsuitable habitat. The only approach that allows acquisition over a shorter period than the planning horizon for new development is to use some type of financing mechanism. The Endowment Fund would provide this financing as needed during the 30- year acquisition period, with funds repaid over the following 20 years to match the 50-year planning horizon. Table 4.2 summarizes total revenues, expenditures, and other assumptions for the Land Acquisition & Improvement Fund in nominal dollars based on the LDMF Financing Plan. The Financing Plan assumes that Local Permittees will begin to impose the LDMF on new development in fiscal year 2007-2008 (2008). The Land Acquisition & Improvement Fund is assumed to terminate 50 years later at the end of 2057. See Table A.1 in the Appendix for the cash flow detail. 16 JSMuniFinancial 476 Local Development Mitigation Fee Coachella Valley Association of Governments Table 4.2: Land Acquisition & Improvement Fund Total Revenues & Expenditures (nominal dollars zoos-2057 Revenues Development Mitigation Fee Revenue $ 516,802,000 Endowment Loan Proceeds 67,580,000 Regional Road Project Mitigation 21,819,000 Regional Infrastructure Mitigation 48,500,000 Interest Earnings _30,929,000 Total Revenues $ 685, 630, 000 Expenditures Land Acquisition $ 526, 705, 000 Land improvement 9,080,000 Administration Land Acquisition Manager (contract) 5,963,000 Administration (program-wideshare) 18,602,000 Endowment Loan Repayment 125,280,000 Total Expenditures 685,630,000 Ending Fund Balance $ - Source: Appendix Table A.1; Muni Financial The following sections describe the revenues and expenditures included in the LDMF Financing Plan and listed in Table 4.2. Revenues LOCAL DEVELOPMENT MITIGATION FEE REVENUE LDMF revenue would provide the majority of funding for the habitat acquisition program. The Financing Plan generates LDMF revenue by multiplying the per acre fee by the esdrated acres of new development. Fee revenue is projected to increase at 3.29 percent annually to equal the estimated rate of land price inflation during the land acquisition period from Years 1 to 30 (see Expenditures - Land Acquisition, below). The inflation rate of 3.29 percent is only an estimate, and the actual increase will be based on economic indicators evaluated as implementation proceeds. Once all land acquisition has been completed in Year 30 the only Financing Plan cost is for repayment of the Endowment Fund loan. The fee is adjusted to generate revenues sufficient to fund the Endowment Fund loan repayment in years 31 through 50 (see Expenditures - Endowment Loan Repayment, below). IMMuniFinancial 477 Local Development Mitigation Fee Coacbella Valley Association of Governments Actual fee levels may vary depending on the rate of development, actual land price inflation and loan repayment obligations. ENDOWMENT LOAN PROCEEDS To complete habitat acquisition in the first 30 years the Land Acquisition and Improvement Fund must borrow from the Endowment Fund. The financial model draws funds from the Endowment Fund as needed to maintain a positive fund balance in any given year. The Land Acquisition and Improvement Fund repays this loan with interest in Years 31 through 50 (see Expenditures - Endowment Loan Repayment, below). REGIONAL ROAD PROJECT MITIGATION Measure A is a half -cent sales tax approved by Riverside County voters to fund transportation projects. Thirty million dollars of Measure A funds are dedicated to fully mitigate the direct, indirect, and cumulative effects of transportation projects on the Covered Species and the conserved natural communities. Of this amount $21,819,000 will be contributed to the Land Acquisition and Improvement Fund. Measure A is anticipated to fund this contribution during the first few years of the Financing Plan. These bond proceeds cannot be increased for inflation. REGIONAL INFRASTRUCTURE MITIGATION This revenue source is generated by two public agencies in connection with mitigation of infrastructure projects. The first agency is the Coachella Valley Water District (CVWD). CVWD is anticipated to acquire 550 acres for the MSHCP Reserve System in the Thousand Palms Conservation Area. The acquisition would mitigate habitat impacts of the Whitewater River Flood Control Project and is estimated to cost $20,625,000. This acquisition is anticipated to occur as soon as practicable upon adoption of the MSHCP. The cost estimate is based on the current mid -range market value per acre for the Thousand Palms area of $37,500 (see discussion and table under Expenditures - Land Acquisition, below). The second agency is the California Department of Transportation (Caltrans). Caltrans has an obligation to acquire 5,791 acres of habitat to mitigate note -interchange highway projects in the Coachella Valley. For the purposes of the Financing Plan, Caltrans is assumed to acquire 1,930 acres in Financing Plan Years 5 and 10, and 1,931 acres in Year 15. Acquisition costs per acre are assumed to be the same average cost for all acquired acres in the year of acquisition. The actual phasing of the funding for this obligation by Caltrans on an annual basis is not material to the Financing Plan because the mitigation is based on a given amount of acreage to be acquired, not on a specific amount of revenue to be contributed. INTEREST EARNINGS The Fee Mitigation Act described in Chapter 1 requires that interest earnings on development impact fee revenues be credited to the same fund in which the fees are deposited and expended for the same purposes. The Financing Plan assumes an interest rate of 5.73 percent on fund balances, a rate similar to that earned by the State's Local Agency Investment Fund during the relatively stable interest rate period of the 1990s. MMuMFinwicial 4 7;7 Local Development Mitigation Fee Coachella Valley Association of Governments Expenditures LAND ACQUISITION The total estimated cost of the remaining land to be acquired by Local Permittees is $583.7 million in 2008 dollars. These estimates are based on an independent study that relied on current sales and listings of comparable properties (A Market Study of Land Values, Related to Several Areas of Prospective Acquisition, Associated with the Coachella Valley Multiple Species Habitat Conservation Plan, Scarcella, September 2006). The study estimated low, mid, and high range market values per acre for each of 20 conservation areas within the Plan Area. Estimates were made of the percentage of land to be acquired at each market level in each conservation area. These costs exclude transaction costs (see below). Table 4.3 on the following page details land acquisition amounts and estimated purchase costs by conservation area within the MSHCP Reserve System. BMuniFharcW ; i 679 0Q N T a�� i.% 80000080880C0cNi ♦ a C p h 1� Oi LlI 0 N M b N h N b 1� n Ot OI ^ N = Q N Q b lV [V l7 Of �= OO m N b ' ^ f Oi ' N W N Y N N N pp�Si� pppp pp4 O OO S 882 O S S S S S O O V O d ql V V Of q h O N b O b N Ot N S b T Q f0.1 N O U OI C b !� h N b b pp ¢ m 2 N M e- ' K^ K IZ N Fj � Oi If C a F b M N � N a o 0 0 0 0 0 0$ o 0 o g o 0 0 0 o g g m $ y LL d 'd b W H b M YI 4 A b N N C N N Q Ot U a C Of N b Of O Q O O h N h h b b 4l b b Oi td M Q N b N N Y) N N M b N N lV L6 b 0 cq^ h N N O ii b N Oi b M Mi N O S O O S O S O O O S S O S O O S S S S W o o O o 0 0 0 0 0 0 o O o o O O o 0 0 0 d Oi �ti Oi q) O b N h C h lti C n M 0 0 O b O d QOI C Q b b b OD 01 b N b O h Q O Oi M OI q f� M N n Of N Q Of M M 4 Q M b OI N M ni � b q m �. O_I C 9 m aexaeaeaeaeaea^aeaeaeaeaea^aeaeaeaeaeae ma �+OiN m o�n00000b�n000bb�nbb000 NObNbMMbQ�"'NMbQ NNMM W u G Ol C O O O O O U1 O b O b 10 v1 O S O b b 0 0 0 h Q N Q N b b N Q b n b M 01 b N b M 0 a J K m L pl o p pp O O O h S S S O S S N �] 8 UOj S S O O M 0 0 O S � b Q b N. � b cl 0� O V O N NN lV O eM-' N d pp O O O S of N N h if S O b C N C Q N C M d a C Oi b b h N N b K tU 'IF1- O b Cq LO V' Q' •- ,- ' N N N M a 'f pp pOpO pp p N R N h h O S O N O b b N S Y01 O O O "0 Ol O C J N b b 1: fV � N 4) h � O K W yy� 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 pp o 0 0 0 M Q Q b I� Q b b b M b Ot 01 h b O n II�� O Q 0 b h M M Ot A o� Q b b Cl! b M b N Q 0 R N N M � a d C Y C c o � m R c 'c'o an m ci e ae > vcatm O y y co y I i W�CCUyt�Oa'C 'O N`d ONON1N Uy ui� w==sw(0clC) 3 O 2 -1 f;: 489 Local.DevelopmentMitigation Fee Coachella Valley Association of Governments The Financing Model uses an average cost per acre multiplied by acres acquired to estimate total costs for each year of the Financing Plan. Average per acre costs include related transaction costs for appraisals, escrow fees, and other costs that are estimated to be approximately five percent in addition to the land purchase price. The calculation of the average cost per acre including transaction costs in 2008 dollars (the first year of the Financing Plan) is shown in Table 4.4. The Financing Plan assumes that land acquisition costs will increase at 3.29 percent annually during the 30-year acquisition period, resulting in the larger cost estimate in nominal dollars shown in Table 4.2. The Financing Plan does not increase land acquisition costs from 2006, the year the cost per acre was calculated, to Year 1, fiscal year 2007-2008. Recent real estate market activity in the Coachella Valley does not support such an increase in value. CVAG expects to update this analysis periodically based on new land appraisal studies. Table 4.4: Average Cost Per Acre Average Cost Per Acre ($2006) $ 3,391 Transaction Costs 1 5.00% Average Cost Per Acre Year 1 of Financing Plan Including Transaction Costs ($2006) $ 3,560 ' Includes costs for appraisals, escrow fees, and related transaction activities Source: Table 4.3, Coachella Valley Association of Governments, Coachella valley Multiple Species Habitat Conservation PlanMatural Community conservation Wan, Table 5 4a; Muni Financial The Financing Plan includes an estimate of the amount of land acquired on an annual basis over the 30-year acquisition period. The Financing Plan assumes that as much land as possible is acquired as early as possible subject to revenue constraints. To supplement LDMF revenues, regional road project and infrastructure mitigation payments provide revenue through Year 15 of the Financing Plan. Endowment loan proceeds supplement revenues in Years 26 through 30. To develop a financially feasible land acquisition scenario, the primary constraint was the capacity of the Endowment to lend to the Land Acquisition Fund during the latter years of the land acquisition period. The phasing assumptions meet the "Rough Proportionality" requirements of the MSHCP regarding the amount of habitat land conserved compared to the amount of development that occurs. Actual land acquisition costs may turn out to be more or less than these estimates. Land price inflation may vary from the rate assumed here. Also, costs would be lower to the extent that land is protected through methods other than fee simple purchase, such as conservation easements. CVAG will conduct land market appraisals and adjust the rate of increase in the LDMF discussed in the revenue section above to mirror actual cost trends and ensure that total revenues do not exceed total costs within the Land Acquisition Fund. ZMuniFinancial 21 1 Local Development Mitigation Fee Coachella Valley Association of Governments LANDIMPROVEMENT Land improvements are one-time capital costs to render the land usable for intended conservation purposes. These costs primarily include the removal of an invasive species, the Saharan mustard, and fencing. Other costs include gates, signage, and trash removal. Ongoing maintenance costs are not included. In the first year of the acquisition program, $182,465 is allocated to land improvement. This cost is increased by 3.29 percent annually for inflation. Costs terminate at the end of the 30-year acquisition period. ADMINISTRATION CVCC will contract with CVAG for staff services for the first five years of MSHCP implementation and may continue to do so thereafter if desired. Total administration costs for all MSHCP implementation activities are estimated to be $429,000 annually in 2008 dollars. This amount would fund about 3.3 full-time equivalent positions for management, accounting, information technology, and related overhead costs. The LDMF Financing Plan includes $375,000 of this total amount as the share allocated to the habitat acquisition program. This share is based on total Financing Plan expenditures as a percent of total program -wide expenditures including the monitoring and management programs, excluding administration costs. Administration costs also include $120,000 annually for a contract Land Acquisition Manager funded solely by the Land Acquisition and Improvement Fund. All administration costs are increased 3.29 percent annually for inflation. Costs terminate at the end of the 30-year acquisition period. ENDOWMENT LOAN REPAYMENT As discussed above the Land Acquisition and Improvement Fund would borrow from the Endowment Fund to complete land acquisition within 30 years. The Financing Plan assumes that interest would accrue and principal payments would be deferred until the end of the land acquisition program in Year 30. In Year 31 repayment of the entire loan balance and accrued interest would begin in even installments over the following 20 years. Interest is calculated using a six percent annual interest rate. Thus repayment would be completed 50 years after the program begins. At that time the Land Acquisition and Improvement Fund could be terminated. FINANCING ALTERNATIVES As with any financing plan, there are significant uncertainties regarding revenue assumptions. There is risk of revenues not being available in the future, e.g. investment risk associated with endowment funding and political risk associated with fees and property -related charges. This section describes three financing alternatives to consider should revenues fall short of those projected in the Financing Plan: • Increase the Local Development Mitigation Fee: If other revenue sources are not available or if costs increase, the LDMF could be increased to cover revenue requirements. • Form a finance district: _. 22 MuttiFinancid Local Development Mitigation Fee Coacbella Valley Association of Governments • Benefit assessment districts allow for the imposition of annual benefit assessments on property owners commensurate with the annual costs of an identified special benefit to that property. Benefit assessments can only fund facilities or services that provide a special benefit to a distinct group of property owners that are in addition to any general benefits accruing to all property owners in a jurisdiction. An increase in property value alone does not qualify as a special benefit. Property owners must approve a benefit assessment by majority vote. Property owners can repeal an existing benefit assessment using an initiative process unless the assessment is funding repayment of debt. Benefit assessments are often imposed as a condition of approval for development projects • The Mello -Roos Community Facilities Act of 1982 enables the formation of Community Facilities Districts (CFDs) by local agencies for the purpose of imposing special taxes on property owners. CFDs are primarily used as a way to finance public facilities with debt financing secured by alien on property within the district, though certain ongoing public service costs may be funded as well. CFDs impose special taxes on property owners, not special assessments. CFD approval requirements make this funding source primarily attractive to development projects on undeveloped land. Pursue voter approved revenue sources such as parcel taxes: Parcel taxes are a type of excise tax on the use of property. Widely used throughout the state, these taxes are adopted as a special tax dedicated to specific purposes. All special taxes require two-thirds voter approval. These taxes are also always adopted jurisdiction -wide and not for sub -areas. Thus, the greatest challenge for this funding source is gaining countywide voter approval. The greatest advantages of a parcel tax are (1) the large and stable potential funding base from a countywide tax, and (2) the flexible use of revenues. Parcel taxes are usually levied as a flat amount per parcel with variances by major land use categories. The parcel tax rate must not be correlated with assessed value to avoid being considered a property tax subject to the constraints of Proposition 13. The parcel tax on a specific property need not be correlated with the benefit received by that property from the expenditure of tax revenues. ImMuni nancial 2$ i i 4S? Local Development Mitigation Fee Coacbella Valley Association of Governments CHAPTER 5: COST ALLOCATION AND FEE SCHEDULE This chapter describes the allocation of habitat acquisition program costs per acre of new development. The cost per acre is used to generate the fee schedule to calculate the LDMF for individual development projects. NEW DEVELOPMENT ACREAGE The cost of the habitat acquisition program is allocated to all 68,500 acres of new development on vacant or partially vacant land within the Plan Area (see Chapter 2). All vacant or partially vacant land represents habitat or potential habitat for one or more Covered Species, including vacant or partially vacant land within the urban areas. Loss of all such lands also represents a cumulative loss of habitat for the Covered Species. Table 5.1 lists the Covered Species and the conserved natural communities that may be found on vacant or partially vacant land in Cuban areas on the valley floor. When habitat conversion takes place anywhere there is 'an overall loss to habitat quantity and the quality of the remaining occupied or potential habitat is degraded because these areas may become even more isolated and impede species movement. Thus, all development has a direct, indirect and/or cumulative impact on the loss of habitat for the Covered Species. Covered Species and Natural Communities lnw ebretes - Insects Active desert dunes Coachella Valley giant sand -treader cricket, Macrobaeneles volition Active desert sand fields Coachella Valley Jerusalem cricket, Slenopelmams cahuilnensis Ephemeral desert sand fields Stabilized and partially stabilized desert sand fields RBom's Flat -failed homed lizard, Phomosoma mcallii Stabilized shielded desert sand fields Coachella Valley fringe load lizard, Um mornola Mesquite hummocks Birds Sonoran creosote bush scrub BUnowng oW, Athene cunicu/aria Sonoran mixed Iwody and succulent scrub Crlssal thrasher, Toxosloma crlssale Desert sahbush scrub Le Comet thrasher, Toxostoma lecontei Mammals Coachella Valley round -tailed ground squirrel, Spermophilus terelicaudus chlorus Palrn Springs pocket mouse, Perognathus longimembns bangsi S, uce' Coacha'l a Valley Mountain Conservancy. NET LAND ACQUISITION COSTS PER ACRE The LDMF is based on the net revenue requirement for the Land Acquisition Fund. As discussed above in Chapter 4 (Expenditures - Land Acquisition), for Years 1 through 30 revenue requirements are based on Land Acquisition Fund expenditures net of revenue from regional road project mitigation, regional infrastructure mitigation, Endowment loan 24 aMuniFiinanciai I • 484 Local Development Mitigation Fee Coachella Valley Association of Governments proceeds, and interest earnings. For Years 31 through 50 revenue requirements are based on repayment of the Endowment Loan. Table 5.2 presents the cost per developed acre for the land acquisition program in Year 1 of the Financing Plan. The amount per acre of $5,730 in Year 1 is based on a net revenue requirement of $7,905,000 and 1,370 acres estimated to be developed in Year 1. Increased at 3.29 percent annually, this is the net revenue needed to fund land acquisition costs through year 30. The $5,730 cost per acre also equals the total LDMF net revenue requirement through Year 30 shown in the Appendix, Table A-1, discounted at 3.29 percent annually, and divided by the total estimated developed acreage of 68,500 acres. Table 5.2: Cost Per Acre (2008 d, 2008-2037 Local Development Mitigation Fee Revenue' $ 7,850,000 $ 235,500,000 Total Acres 2 1,370 41,100 Cost Per Acre $ 5,730 $ 5,730 ' Net revenue required from development mitigation fee revenue in real 2008 dollars. The 2008-2037 revenue estimate excludes the fee revenue needed to repay the Endowment loan during the 2038-2057 period. 1 Acres of newdevelopmm. cnnruw- MuniFinancial In Year 31 the fee is adjusted to match the cost of repaying the Endowment loan. The fee is calculated to repay the loan based on a constant annual debt service through Year 50. FETE SCHEDULE New development will pay the LDMF over an estimated 50 years of growth representing 68,500 developed acres. Each newly developed acre has approximately the same proportionate impact by causing direct, indirect, and cumulative impacts on species and existing or potential habitat and natural communities. New development also causes a need for and benefits from the installation of public infrastructure, which also impacts habitat. As a result, the Financing Plan funds the mitigation of these impacts with a fee imposed per developed acre. The per acre cost from Table 5.2 provides the basis for the fee schedule. The total fee for a specific project is based on its size as measured in acres. This approach ensures a reasonable relationship between the fee for a specific development project and the impact of that project on the need for habitat protection. The fee schedule uses the per acre cost shown in Table 5.2 to apply to all nonresidential development projects. For residential development projects, the fee schedule converts the per acre cost to a cost per dwelling unit based on the density of the project (dwelling units per acre). The mitigation Z W WRinancial Local Development Mitigation Fee Coachella Valley Association of Governments fee is based on average lot size for the three residential categories (0 to 8 units per acre, 8.1 to 14 units per acre, and 14 units and over per acre). To simplify administration of the Coachella Valley LDMF in conjunction with the Western Riverside County DMF, the same density categories and average lot size assumptions are used for this fee schedule (see Mitigation Fee Nexus Report for the Western Riverside County Multiple Species Habitat Conservation Plan). 'fable 5.3 presents the Local Development Mitigation Fee schedule for the MSHCP in 2008 dollars. The table includes the average lot size assumption for each of the residential land use categories. The LDMF would only apply to new development on vacant or partially vacant land. The fee would not apply to development projects on land that is already developed, such as expansion and renovation projects. Table 5.3: Fee Schedule (2008 dollars) Cost Per Average Acre Lot Size Fee' Residential 0 - 8 Units Per Acre $ 5,730 0.22 $ 1,284 8.1 - 14 Units Per Acre 5,730 0.09 533 14.1 + Units Per Acre 5,730 0.04 235 Nonresidential Commercial $ 5,730 NA $ 5,730 Industrial 5,730 NA 5,730 Per dwelling unit for residential and per acre for nonresidential land uses. Source: Table 5.2; MuniFinancial Revenue requirements for the LDMF may vary substantially depending on economic factors discussed in Chapter 4 that affect the Financing Plan. These factors include, for example, land acquisition price inflation, interest rates, and the rate of new development. In particular, the Financing Plan shown in Appendix Table A.1 indicates a substantial change in revenue requirements between the land acquisition period (assumed to be Years 1 through 30) and the repayment of the Endowment loan (assumed to be Years 31 through 50). A prior draft of this report (March 2004) showed a much less significant change between these two periods. The difference is primarily a function of the change in estimated land acquisition costs since that prior report was prepared. The proposed fee schedule represents a reasonable approach for allocating mitigation costs as evenly as practicable across new developed acreage. The Financing Plan is constrained by (1) the policy objectives to fund land acquisition as soon as feasible within 30 years while allowing costs to be spread over a 50-year period, and (2) the limited financing options available. Furthermore, as indicated above regarding the difference between the prior and current drafts, there are significant uncertainties regarding Financing Plan assumptions. Depending on the actual value of these assumptions as the Financing Plan is implemented, 26, JaMuniFmanciai Local Development Mitigation Fee Coachella Valley Association of Governments the allocation of costs to the repayment period (Years 31 to 50) could vary substantially. In the future the CVCC may be able to access financing mechanisms in addition to the Endowment to more evenly spread costs across all new developed acres through Year 50. Given these considerations, the fee schedule presented here represents a reasonable approach to the fair allocation of costs across all new development. 27 f^ SMuniFinanciai l487 CHAPTER 6: A1/77GAT/ON FEE ACT FINDINGS Development impact fees are one-time fees, typically paid when a building or grading permit is issued, imposed on development projects by local agencies responsible for regulating land use (cities and counties). To guide the widespread imposition of impact fees, the State Legislature adopted the Mitigation Fee Act (the Act) with Assembly Bill 1600 in 1987 and subsequent amendments. The Act, contained in California Government Code Sections 66000 through 66025, establishes requirements on local agencies for the imposition and administration of impact fee programs. The Act requires local agencies to document five findings when adopting an impact fee. The five statutory findings required for adoption of the Local Development Mitigation Fee (LDMF) to fund habitat acquisition and related costs under the MSHCP are summarized in this chapter and supported in detail by the report that follows. All statutory references are to the Act. PURPOSE OF FEE For the first finding the agency must: Identify the purpose of the fee. (g66001(a)(1)) The purpose of the LDMF is to provide a funding source from new development for the acquisition of habitat and related costs to mitigate development impacts and to carry forward the purposes and objectives of the MSHCP. The LDMF advances a legitimate public interest by funding habitat conservation as defined within the MSHCP. USE OF FEE REVENUES For the second finding the agency must: Identify the use to which the fee is to be put. If the use is financing public facilities, the facilities shall be identified. That identification may, but need not, be made by reference to a capital improvement plan as specified in Section 65403 or 66002, may be made in applicable general or specific plan requirements, or may be made in other public documents that identify the public facilities for which the fee is charged. (§66001(a)(2)) Fees covered by the requirements of the Act are those used to defray all or a portion of the cost of public facilities related to new development. The Act defines public facilities as including "public improvements, public services, and community amenities." (Q66000(d)). LD14F revenue will be used to provide community amenities by funding acquisition of land for the conservation of habitat, and will facilitate public and private project compliance with federal and state endangered species laws. LDMF revenue will provide most of the funding necessary to acquire an estimated 88,900 acres of habitat and related costs. Under the MSHCP, this habitat acquisition program provides a comprehensive approach to mitigate the loss of species and habitat caused by all SWWFinancial za -:,J 488 Local Development Mitigation Fee Coacbella Valley Association of Governments development in the Coachella Valley or adjacent areas. All habitat acquired with funding from the LDMF will be located within the Conservation Areas. The MSHCP represents the public document referenced in the statute above that adequately identifies the amount, type, and general location of land to be acquired with LDMF funding. The agencies responsible for implementing the LDMF (CVCC) will restrict the use of fee revenues to one-time costs associated with the habitat acquisition program. These costs include: • Land acquisition and related costs such as appraisals and title insurance; • Land improvements such as fencing to protect habitat from human impacts; • Administrative costs associated with management of the habitat acquisition program; and • Financing costs to enable the cost-effective purchase of large contiguous areas of habitat required by the MSHCP prior to the receipt of LDMF revenue from new development. Habitat acquisition costs to be funded by the LDMF are described in detail in Chapter 4 of this report, Cost of Habitat Acquisition. For the third finding the agency must: Determine how there is a reasonable relationship between the fee's use and the type of development project on which the fee is imposed. (C66001(a)(3)) All new development within the Coachella Valley will directly or indirectly benefit from the LDMF by funding a comprehensive approach to habitat mitigation. The 88,900 acres to be acquired in part with fee revenues are one component of the 723,940-acre MSHCP Reserve System. The MSHCP Reserve System is the preferred alternative representing the area necessary to protect the Covered Species and the conserved natural communities identified in the MSHCP. Establishment of the MSHCP Reserve System will mitigate the impacts on Covered Species and conserved natural communities of all new development and associated public infrastructure projects within the Coachella Valley for the term of the Permit. Each type of project leads to the elimination of habitat. Thus, there is a reasonable relationship between the use of LDMF revenue and all types of new residential and nonresidential development throughout the Coachella Valley that will pay the fee. The use of LDMF revenue to benefit new development is described in detail in Chapter 4 of this report, Cost of Habitat Acquisition. ■ ■ For the fourth finding the agency must: SMuniFinancial 2Y J IJ 4 ' 8Q v Local Development Mitigation Fee Coacbella Valley Association of Governments Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed. (Q66001(a)(4)) All vacant lands in the Coachella Valley, including vacant lands or partially vacant lands in urban areas, represent current or potential habitat for Covered Species and the conserved natural communities identified in the MSHCP. All new development projects on vacant or partially vacant lands regardless of location will have direct and cumulative impacts on species and existing or potential habitat and natural communities. New development also causes a need for and benefits from the installation of public infrastructure. Without new development no further habitat conservation to mitigate for development impacts would be needed in the Plan Area. Therefore, there is a reasonable relationship between the need for habitat conservation and all types of residential and nonresidential development throughout the Coachella Valley that will pay the fee. The need for habitat conservation was determined through the MSHCP planning process using scientific standards. The MSHCP Reserve System includes land necessary to represent a range of native ecosystem types, to maintain or restore viable populations of species, and to sustain ecological and evolutionary process necessary for maintaining the viability of habitats. Based on these standards the Reserve System only includes that amount of habitat conservation necessary to mitigate new development impacts. Habitat needs are described in more detail in Chapter 3, Need for Habitat Conservation. For the fifth finding the agency must: Determine how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed. (g66001(b)) New development will pay the LDMF over an estimated 50 years of growth representing 68,500 developed acres. Each newly developed acre has approximately the same proportionate impact by causing the direct, indirect, or cumulative, loss of an acre of habitat for Covered Species and the conserved natural communities. As a result habitat acquisition program costs are spread as evenly as practicable across all developed acres. The LDMF is calculated on a per acre basis and the total fee for a specific project is based on its size as measured in acres. Thus there is a reasonable relationship between the fee for a specific development project and the direct, indirect, or cumulative impact of that project on the need for habitat protection. The fee schedule uses the per acre cost of the program to apply to nonresidential development projects. For residential development projects, the fee schedule converts the per acre cost to a cost per dwelling unit based on the density of the project (dwelling units per acre). See Chapter 2, Plan Area Land Use, for a description of how new development is determined. See Chapter 5, Cost Allocation and Fee Schedule, for a presentation of the mitigation fee schedule. 30 IlMuniRnancisl -' i j (� I� Local Development Mitigation Fee Coachella Valley Association of Governments CHAPTER 7: IMPLEMENTATION This chapter identifies responsibilities that CVCC and Local Permittees should complete when implementing the LDMF program. ADOPTION OF LDMF BY LOCAL PERMITTEES Each Local Permittee must adopt an ordinance or amend an existing ordinance providing the authority to adopt the Local Development Mitigation Fee, and a fee resolution stating the amount of the fee. The fee ordinance shall become effective 60 days after adoption. However, fees shall not be collected until the MSHCP Take Permit is issued or the 60-day period has been met, whichever date is later. The ordinance should include provisions for an automatic inflation adjustment to the fee. CVCC could assist in this process by preparing a model ordinance and resolution for each agency to review. ADOPTION OF ADMINISTRATIVE GUIDELINES CVCC should work with Local Permittees to develop administrative guidelines for the LDMF program. These guidelines would address, for example: • A definition for "vacant" land that if developed would be subject to the fee; • A method for applying the fee to development of partially vacant parcels; • Definitions of land use categories; and • Transfer of fee revenues to the Land Acquisition and Improvement Fund. PROGRAMMING REVENUES AND PROJECTS CVCC should program fee revenues to its acquisition program and related expenditures. This ensures documentation of a reasonable relationship between new development and the use of mitigation fee revenues. CVCC may alter the planned acquisition or related improvement costs from those shown in this report. However, all expenditures must continue to fund expansion of the inventory of land conserved for habitat under the guidelines of the MSHCP or pay for the other costs set forth above. For a five-year planning period, the agency should allocate all existing fund balances and projected fee revenue to specific acquisitions or related improvements. The agency can hold funds in an account for longer than five years if necessary to collect sufficient funds to complete the acquisition. 31 MIVIuniFinancial Local Development Mitigation Fee Coachella Valley Association of Governments ANNUAL INFLATION ADJUSTMENT CVCC should identify an appropriate inflation adjustment and recalculate the fee annually for each Local Permittee to adopt. Given that the majority of costs are associated with land prices, the annual inflation adjustment could be calculated either by: • Using actual prices per acre for recently purchased habitat; or • Providing for an annual CPI adjustment based upon the Consumer Price Index for "All Urban Consumers" in the Los Angeles -Anaheim -Riverside Area, measured as of the month of December to fiscal year immediately prior to the fiscal year that the revised fee will take affect. Regardless of the calculated annual inflation adjustment, CVCC should revise the fee accordingly if it appears that total program revenues and costs will not be in balance when the Land Acquisition and Improvement Fund is terminated. The MSHCP states that the CVCC will update the Nexus Study at least every five years, and more often if deemed necessary, to ensure that the Local Development Mitigation Fee is adequate over the life of the acquisition program to fund the necessary land acquisition and land improvement. CVCC should assist the Local Permittees in complying with the annual and five-year reporting requirements of the Mitigation Fee Act. In addition to reporting on revenue and expenditure activity, the agency must identify when the other revenues in addition to the LDMF are anticipated to be available to fund the habitat acquisition program. aMuniFinancial 32 `� 4pn APPENDIX: CASH FLOW ANALYSIS Table A.1 presents the cash flow analysis for the Land Acquisition and Improvement Fund. The I DMF was calculated to result in a zero ending fund balance at the end of 50 years. 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